|
|
Relocation of the Registered Office of a Company with a Focus on the Relocation of the Head Office of a European Company
Maršíčková, Linda ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
Main purpose of this thesis is an assessment of the possibility of companies to transfer their seat from several points of view. It is distinguished between situations of companies with regard to the relocation of head office contrary to the relocation of registered office. At first, the migration issue is analyzed in general, then from the perspective of EU law. Due to insufficiently resolved scope of the freedom of establishment, especially with respect to the transfer of registered office, the thesis focuses on the European Company. For the time being, it can be considered as the most advanced result of the common effort of EU member states to achieve a supranational company form. It was not a random choice to dedicate part of this thesis to the European Company since the possibility to move its registered office freely across the EU is one of the main attributes granted to the European Company form. The analysis of relocation process, including consideration of potential difficulties results in comparison with actual opportunities of "national"companies in this respect. With regard to the structure of thesis it is divided into four parts and a separate conlusion. First part deals with the matter of the EU common market, with an emphasis on each of four freedoms. Especially the primary and...
|
|
|
Companies in private international law
Saláková, Terezie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Companies in private international law The topic of this diploma thesis includes questions related to companies in private international law. The thesis deals especially with changes of the Czech law evoked by the recent recodification of the private law in the Czech Republic. The purpose of the thesis is, first of all, to introduce the current form of this part of the law, to sum up and analyse ideas published in expert sources, and also to add own views concerning the topic. Following methods were primarily used: analysis, synthesis, description and comparison. The thesis, besides general Introduction and Conclusion, includes seven individual chapters which create coherent total. Chapter One explains basic terms used in the thesis. The following chapter defines the term personal statute of legal person and introduces two basic principles of its determination - the incorporation principle and the seat principle. The third chapter continues with detailed description of the position of the incorporation principle in the Czech law, including the questions related. Chapter Four defines foreign legal persons and gives the reasons why the registered seat of the legal person is relevant for determination of such a person. Chapter Five focuses on the basis of the fact that a legal person with the seat...
|
|
|
Cross-border transfer of the company's seat within the European Union
Molnári, Daniel ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
The possibilities of cross-border transfer of company's seat within the European Union represent contemporary issues in the European company law. Currently, there is a large development in this field. The development is mainly based on judgements of the Court of Justice of the European Union. Over the last decades, cross-border transfer of company's seat has been the subject of controversy. The main reason is the lack of political interest in this issue. On the other hand, some of arguments relate to the difference between the approaches of the member states and the controversy between two main conflicts of laws theories: the incorporation theory and the real seat theory. The purpose of this thesis is to analyse the possibilities of cross-border transfer of company's seat within the European Union in the context of private international law. The thesis is composed of five chapters, each of them dealing with different aspects of corporate mobility. The first part of this thesis explains the theoretical background of the topic and defines the basic terminology. This part continues with the specification of aspects and conditions as regards the recognition of foreign companies as legal subjects. The second part describes the conflict of laws theories, their specific features and legal principles. Next...
|
|
|
Companies in private international law
Saláková, Terezie ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Companies in private international law The topic of this diploma thesis includes questions related to companies in private international law. The thesis deals especially with changes of the Czech law evoked by the recent recodification of the private law in the Czech Republic. The purpose of the thesis is, first of all, to introduce the current form of this part of the law, to sum up and analyse ideas published in expert sources, and also to add own views concerning the topic. Following methods were primarily used: analysis, synthesis, description and comparison. The thesis, besides general Introduction and Conclusion, includes seven individual chapters which create coherent total. Chapter One explains basic terms used in the thesis. The following chapter defines the term personal statute of legal person and introduces two basic principles of its determination - the incorporation principle and the seat principle. The third chapter continues with detailed description of the position of the incorporation principle in the Czech law, including the questions related. Chapter Four defines foreign legal persons and gives the reasons why the registered seat of the legal person is relevant for determination of such a person. Chapter Five focuses on the basis of the fact that a legal person with the seat...
|
|
|
Cross-border transfer of the company's seat within the European Union
Molnári, Daniel ; Pauknerová, Monika (advisor) ; Kučera, Zdeněk (referee)
The possibilities of cross-border transfer of company's seat within the European Union represent contemporary issues in the European company law. Currently, there is a large development in this field. The development is mainly based on judgements of the Court of Justice of the European Union. Over the last decades, cross-border transfer of company's seat has been the subject of controversy. The main reason is the lack of political interest in this issue. On the other hand, some of arguments relate to the difference between the approaches of the member states and the controversy between two main conflicts of laws theories: the incorporation theory and the real seat theory. The purpose of this thesis is to analyse the possibilities of cross-border transfer of company's seat within the European Union in the context of private international law. The thesis is composed of five chapters, each of them dealing with different aspects of corporate mobility. The first part of this thesis explains the theoretical background of the topic and defines the basic terminology. This part continues with the specification of aspects and conditions as regards the recognition of foreign companies as legal subjects. The second part describes the conflict of laws theories, their specific features and legal principles. Next...
|
|
|
Relocation of the Registered Office of a Company with a Focus on the Relocation of the Head Office of a European Company
Maršíčková, Linda ; Brodec, Jan (advisor) ; Dobiáš, Petr (referee)
Main purpose of this thesis is an assessment of the possibility of companies to transfer their seat from several points of view. It is distinguished between situations of companies with regard to the relocation of head office contrary to the relocation of registered office. At first, the migration issue is analyzed in general, then from the perspective of EU law. Due to insufficiently resolved scope of the freedom of establishment, especially with respect to the transfer of registered office, the thesis focuses on the European Company. For the time being, it can be considered as the most advanced result of the common effort of EU member states to achieve a supranational company form. It was not a random choice to dedicate part of this thesis to the European Company since the possibility to move its registered office freely across the EU is one of the main attributes granted to the European Company form. The analysis of relocation process, including consideration of potential difficulties results in comparison with actual opportunities of "national"companies in this respect. With regard to the structure of thesis it is divided into four parts and a separate conlusion. First part deals with the matter of the EU common market, with an emphasis on each of four freedoms. Especially the primary and...
|
|
|
Transfer of the Seat of the Company within the European Union
Mišutová, Pavlína ; Pauknerová, Monika (advisor) ; Brodec, Jan (referee)
Subject of this thesis are contemporaneous possibilities for companies to transfer their seat outside the state of incorporation. Recently, there has been a dramatic development in private law as well as in national company laws, mainly because of the judgements of the Court of Justice of the European Union. Corporate mobility comprises the possibility to transfer a company from one state to another. Crucial issue is the transfer of the seat of the company in connection with the freedom of establishment. The Court had already given rulings on the transfer of company's seat in several judgments; however, this thesis concerns particularly the latest judgment - Cartesio. In this case the Court dealt with the question whether the freedom of establishment governed by the European law shall be interpreted broad enough to include the right of companies to transfer their real seat (their head office) or their legal and real seats (their registered seat and head office) from one member state of the EU to another. The key question is, whether the Cartesio judgment contributed to the corporate mobility and if so, the scope of such contribution. For better understanding of corporate mobility, the first part explains particular terms used and hidden implications. First part therefore describes the conflict of...
|
guest ::
