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Companies in private international law
Daňková, Zuzana ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
Private International Law - Companies Abstract: Comparative company law is about taking in the experience of others in a competitive way, and finding a joint solution to the cross-border issues appearing for and from companies that are confronted by global competition. All over the world company law is undergoing fundamental change, particularly in Europe. European countries have committed themselves to and begun extensive reform of their company legislation. In this paper I argue the reasons for such a movement. The harmonization of national company laws was long the main concern of the European Union. An increasing EU harmonization was taking place through the Company Law Directives, designed mostly to protect stakeholders such as minority shareholders, creditors and employees, and was motivated by the desire to establish a situation in which every competing business from different Member States has a fair and equal chance of succeeding and to prevent Member States from participating in a 'race to the bottom' as a means to attract investment. Therefore, mobility of companies was not a priority for the EC at that time. However, this became different with the adoption of the European Company Statute. This regulation is the first European law which enables a cross-border merger as well as the transfer of the...

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