Commercial law Books

Book SynopsisThis comprehensive book presents the English law of contract and tort in the context of a European law of obligations.Law of Obligations provides the reader with an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the ?harmonisation debate?; should the law of obligations be harmonised at a European ? or even international level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology.Designed with English law students and jurists in mind, this book will be an invaluable tool for researching contract, tort and the law of obligations. It is an original contribution not only to European private law but equally to comparative legal studies.Trade Review‘. . . there is no doubt that Samuel’s work will rightfully find a place in the canon of new works which any defender of the distinctiveness of the English legal tradition will wish to have on his bookshelf.’ -- Edinburgh Law Review‘This book presents a brilliant account of the most important and current doctrines of tort and contract law, as well as some central aspects of unjust enrichment and remedies. Professor Geoffrey Samuel guides the reader with disconcerting ease and sophistication through the essential substance of the law of obligations. With the help of legal history and theory, he also analyses the specificity of English law as compared to the civil law and warns against the dangers of transplanting without care categories and concepts from one place to the other. In doing so, Professor Samuel offers a fundamental contribution to the understanding of the currently much debated Europeanization of private law. Law students and scholars as well as practitioners will very much enjoy the compelling sharpness of the analysis and the clarity of the language.’- Franz Werro, Centre of Transnational Legal Studies, London, UK ‘The added value of this book is in both the unusually rich teaching experience which inspires its design - the author has for many years risen to the challenge of making the common law comprehensible to students formed within the civilian tradition - and the remarkable depth of his interdisciplinary and comparative research in the field of legal method and epistemology, which underlies its content.’ -- Horatia Muir Watt, Sciences Po Law School, France‘Professor Samuel has drawn on his extensive knowledge of several legal systems to produce a valuable and timely work of comparative law. Many aspects of private law are examined from a common law and from a civil law perspective and in the light of modern European harmonisation documents. This is essential reading for common lawyers seeking to understand the civil law, for civilians seeking to understand the common law, and offers to both groups a better understanding of their own systems.’ -- Stephen Waddams, University of Toronto, CanadaTable of ContentsContents: Preface 1. Theory and Method: Background to the Law of Obligations 2. History and Structure of the Law of Obligations 3. General Theory of Obligations 4. Obligations and the Common Law 5. Contractual Obligations: General Provisions 6. Enforcing Contracts 7. Escaping from Contracts 8. Unperformed Contracts and Appropriate Remedies 9. Tortious Obligations: General Provisions 10. Liability and Intentional Harm 11. Liability for Unintentional Harm 12. Liability for Things 13. Liability for People 14. Liability for Words 15. Escaping Liability 16. Beyond Contract and Tort: Restitution 17. Transnational Law of Obligations? Bibliography Index

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Book SynopsisThe Corporate Objective addresses a question that has been subject to much debate: what should be the objective of public corporations? It examines the two dominant theories that address this issue, the shareholder primacy and stakeholder theories, and finds that both have serious shortcomings. he book goes on to develop a new theory, called the Entity Maximisation and Sustainability Model. Under this model, directors are to endeavor to increase the overall long-run market value of the corporation as an entity. At the same time as maximizing wealth, directors have to ensure that the corporation survives and is able to stay afloat and pursue the development of the corporation's position. Andrew Keay seeks to explain and justify the model and discusses how the model is enforced, how investors fit into the model, how directors are to act and how profits are to be allocated. Analyzing in depth the existing theories which seek to explain the corporate objective, this book will appeal to academics in corporate law and corporate governance as well as law, finance, business ethics, organizational behavior, management, economics, accounting and sociology. Postgraduate students in corporate law and corporate governance, directors, and government regulators will also find much to interest them in this study. Contents: Preface 1. Public Companies: Context, Theory and Objectives 2. Shareholder Primacy 3. Stakeholder Theory 4. An Entity Maximisation and Sustainability Model 5. The Enforcement of the Entity Maximisation and Sustainability Model 6. Investors 7. Managerial Discretion and Accountability 8. Allocation of Profits 9. EpilogueTrade Review‘This book is an excellently constructed piece of legal writing which covers a topic of significant social and economic importance. It is a work of excellent analytical clarity and contains a vast amount of research and considerable detail. . . Academics in corporate law and corporate governance in addition to corporate social responsibility and company law generally will find much to interest them in this publication as will students who study in these areas, particularly postgraduates.’ -- John Quiggin, Journal of Business Law'Andrew Keay's The Corporate Objective is an important contribution to the long-standing debate on the scope of corporate law.' -- Mohamed F. Khimji, Canadian Business Law Journal'Although large public companies dominate the world, there is no unanimity as to their objective. Andrew Keay tackles this very important topic with skill and in considerable depth. . . Keay addresses some of the most important and complex issues of our time and is very creative in developing an innovative and promising theory. Widespread circulation of The Corporate Objective and discussion of the proposed EMS model would certainly move the debate well forward of where we stand today.' -- Corporate Governance'This incisive monograph comfortably finds its niche in the Corporations, Globalisation and the Law series. Its arrival is to be welcomed as a significant contribution to a long-standing debate in the literature on the purpose of a company. . . There is much to recommend for the corporate governance specialist. The style throughout is readable while staying firmly in the realm of theoretical debate as befits a monograph of this kind It is fair to conclude that this monograph is both excellent and timely. This book will doubtless fast gain reputation as a stalwart of the corporate governance scholar in the United Kingdom for its effortless interrogation of relevant concepts and clear articulation of EMS as an alternative working model.' -- Deirdre Ahern, International Company and Commercial Law ReviewTable of ContentsContents: Preface 1. Public Companies: Context, Theory and Objectives 2. Shareholder Primacy 3. Stakeholder Theory 4. An Entity Maximisation and Sustainability Model 5. The Enforcement of the Entity Maximisation and Sustainability Model 6. Investors 7. Managerial Discretion and Accountability 8. Allocation of Profits 9. Epilogue Index

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Book SynopsisComprising essays specially commissioned for the volume, leading scholars who have shaped the field of corporate law and governance explore and critique developments in this vibrant and expanding area and offer possible directions for future research. This important addition to the Research Handbooks in Law and Economics series provides insights into subjects such as the role of directors, shareholders, creditors and employees; empirical studies of litigation and shareholder activism; executive compensation; corporate gatekeepers; comparative law; and behavioral approaches to law and finance. Topics are organized within five sections: corporate constituencies, insider governance, gatekeepers, jurisdiction, and new theory. Taken as a whole, the volume serves as an introduction for those new to the field and as a reference for those unfamiliar with some of the topics discussed. Authoritative and accessible, the Research Handbook on the Economics of Corporate Law will be a valuable resource for students, scholars, and practitioners of corporate law and economics. Contributors: R.B. Ahdieh, V. Atanasov, S.M. Bainbridge, B. Black, M.M. Blair, M.T. Bodie, C.S. Ciccotello, D.C. Clarke, L.A. Cunningham, A. Darbellay, S.M. Davidoff, L.M. Fairfax, F. Ferri, J.E. Fisch, T. Frankel, R.J. Gilson, S.J. Griffith, C.A. Hill, R. Kraakman, D.C. Langevoort, I.B. Lee, B.H. McDonnell, R.W. Painter, F. Partnoy, D.G. Smith, R.S. Thomas, R.B. Thompson, D.I. Walker, C.K. WhiteheadTrade Review’The text as a whole is comprehensive and the analysis is very clear and precise. Readers will find the content interesting, including recent developments in law and economics; this book is a 'must have' for academics and practitioners in law and economics... Each article features a well-written reference that is beneficial to readers particularly when the article refers to a particular theory that is difficult to comprehend in the first instance... this Handbook is clearly presented and well researched. The articles are comprehensive in nature and closely tied to each other. Therefore it is undoubtedly invaluable to academics, researchers and students who are interested in economics and corporate law in the United States as well as comparative law studies.’ -- Jerome Chan, International Company and Commercial Law ReviewTable of ContentsContents: 1. Introduction: The Evolution of the Economic Analysis of Corporate Law Claire A. Hill and Brett H. McDonnell PART I: CORPORATE CONSTITUENCIES 2. Director Primacy Stephen M. Bainbridge 3. Corporate Law and the Team Production Problem Margaret M. Blair 4. The Role of Shareholders in the Modern American Corporation D. Gordon Smith 5. Creditors and Debt Governance Charles K. Whitehead 6. Employees and the Boundaries of the Corporation Matthew T. Bodie 7. The Role of the Public Interest in Corporate Law Ian B. Lee PART II: INSIDER GOVERNANCE 8. Fiduciary Duties: The Emerging Jurisprudence Claire A. Hill and Brett H. McDonnell 9. Empirical Studies of Representative Litigation Randall S. Thomas and Robert B. Thompson 10. The Elusive Quest for Director Independence Lisa M. Fairfax 11. ‘Low-Cost’ Shareholder Activism: A Review of the Evidence Fabrizio Ferri 12. Takeover Theory and the Law and Economics Movement Steven M. Davidoff 13. The Law and Economics of Executive Compensation: Theory and Evidence David I. Walker PART III: GATEKEEPERS 14. Transaction Cost Engineers, Loophole Engineers or Gatekeepers: The Role of Business Lawyers After the Financial Meltdown Richard W. Painter 15. Credit Rating Agencies and Regulatory Reform Aline Darbellay and Frank Partnoy 16. The Influence of Law and Economics on Law and Accounting: Two Steps Forward, One Step Back Lawrence A. Cunningham 17. The Role and Regulation of the Research Analyst Jill E. Fisch 18. D&O Insurance and the Ability of Shareholder Litigation to Deter Sean J. Griffith 19. The Influence of Investment Banks on Corporate Governance Tamar Frankel PART IV: JURISDICTION 20. Varieties of Corporate Law-Making: Competition, Preemption, and Federalism Robert B. Ahdieh 21. The Past and Future of Comparative Corporate Governance Donald C. Clarke PART V: NEW THEORY 22. Self-Dealing by Corporate Insiders: Legal Constraints and Loopholes Vladimir Atanasov, Bernard Black and Conrad S. Ciccotello 23. Behavioral Approaches to Corporate Law Donald C. Langevoort 24. Market Efficiency After the Fall: Where Do We Stand Following the Financial Crisis? Ronald J. Gilson and Reinier Kraakman Index

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Book SynopsisWritten by a worldwide team of experts, this new work surveys and comments on the unfair competition laws of the world's leading economic powers. Following a standard pattern, each chapter introduces the reader to the latest developments in each jurisdiction, highlighting the ways in which the basic legislation and case law relates to enforcement issues, and how unfair competition laws fit with wider considerations of consumer protection and within prevailing intellectual property and competition law frameworks. Each of the country reports follows the same standard structure: I. Background and General Approach to Unfair Competition Law. II. Legal Basis of Unfair Competition Law and Relations to Neighbouring Areas of Law III. General Considerations IV. General Clause Against Unfair Competition V. Marketing V. Protection of Competitors Against Unfair Trade Practices VI. Specific Protection of Consumers Against Unfair Trade Practices VII. Enforcement Country Reports § 1 Australia § 2 Austria § 3 Brazil § 4 Canada § 5 China § 6 France § 7 Germany § 8 Hungary § 9 India § 10 Italy § 11 Japan § 12 Lithuania § 13 Netherlands § 14 Poland § 15 Spain § 16 South Africa § 17 Sweden § 18 Switzerland § 19 Turkey § 20 UK § 21 USATrade ReviewThere are at least three broad reasons why this book should be regarded as a welcome addition to any law library. First, it gives easy access to a wide variety of legal jurisdictions, many of whose laws are only comprehensible to those familiar with their respective native languages, to an English-reading audience. In addition, key legal terms in French and German, for example, are identified and explained in English to give the reader a more nuanced understanding of the jurisprudential contours of these legal systems. Furthermore, each country report includes a very substantial bibliography of reference materials relevant to the unfair competition laws of that particular jurisdiction. Secondly, despite the relatively modest length of each country report, the authors have succeeded in providing the reader with a sufficiently comprehensive picture of the different facets of their respective unfair competition law regimes. General clauses in statutes are analysed alongside leading case law from national and, in the case of Europe, supranational tribunals. Activity-specific regulations dealing with diverse practices, from ambush marketing to comparative advertising, and from trademark dilution to consumer protection regulations, are also examined in some detail. Thirdly, through the first few chapters of the book, the editor has done a very commendable job of constructing a helpful conceptual and thematic framework for understanding the many different moving parts that make up the machinery behind each country’s unfair competition laws. -- Burton Ong * Singapore Journal of Legal Studies, 2013 *Table of ContentsTable of Contents A) General § 1 What is Unfair Competition? § 2 International Protection Against Unfair Competition § 3 Regional Protection Against Unfair Competition B) Country Reports § 1 Australia § 2 Austria § 3 Brazil § 4 Canada § 5 China § 6 France § 7 Germany § 8 Hungary § 9 India § 10 Italy § 11 Japan § 12 Lithuania § 13 Netherlands § 14 Poland § 15 Spain § 16 South Africa § 17 Sweden § 18 Switzerland § 19 Turkey § 20 UK § 21 USA C) Outlook

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Book SynopsisThis comprehensive book presents the English law of contract and tort in the context of a European law of obligations.Law of Obligations provides the reader with an overview of contract and tort as well as an introduction to the law of obligations in the civil (or continental) law tradition. The book is considered an extensive introduction to the western law of obligations, but with an emphasis on English law. Arising out of the analysis of the two legal traditions, Geoffrey Samuel raises questions about the appropriateness of importing the obligations category into the common law. He also highlights what has been termed the ?harmonisation debate?; should the law of obligations be harmonised at a European ? or even international level? The debate raises some fundamental issues not just about legal traditions and about the law of obligations itself, but also about comparative law theory and methodology.Designed with English law students and jurists in mind, this book will be an invaluable tool for researching contract, tort and the law of obligations. It is an original contribution not only to European private law but equally to comparative legal studies.Trade Review‘. . . there is no doubt that Samuel’s work will rightfully find a place in the canon of new works which any defender of the distinctiveness of the English legal tradition will wish to have on his bookshelf.’ -- Edinburgh Law Review‘This book presents a brilliant account of the most important and current doctrines of tort and contract law, as well as some central aspects of unjust enrichment and remedies. Professor Geoffrey Samuel guides the reader with disconcerting ease and sophistication through the essential substance of the law of obligations. With the help of legal history and theory, he also analyses the specificity of English law as compared to the civil law and warns against the dangers of transplanting without care categories and concepts from one place to the other. In doing so, Professor Samuel offers a fundamental contribution to the understanding of the currently much debated Europeanization of private law. Law students and scholars as well as practitioners will very much enjoy the compelling sharpness of the analysis and the clarity of the language.’- Franz Werro, Centre of Transnational Legal Studies, London, UK ‘The added value of this book is in both the unusually rich teaching experience which inspires its design - the author has for many years risen to the challenge of making the common law comprehensible to students formed within the civilian tradition - and the remarkable depth of his interdisciplinary and comparative research in the field of legal method and epistemology, which underlies its content.’ -- Horatia Muir Watt, Sciences Po Law School, France‘Professor Samuel has drawn on his extensive knowledge of several legal systems to produce a valuable and timely work of comparative law. Many aspects of private law are examined from a common law and from a civil law perspective and in the light of modern European harmonisation documents. This is essential reading for common lawyers seeking to understand the civil law, for civilians seeking to understand the common law, and offers to both groups a better understanding of their own systems.’ -- Stephen Waddams, University of Toronto, CanadaTable of ContentsContents: Preface 1. Theory and Method: Background to the Law of Obligations 2. History and Structure of the Law of Obligations 3. General Theory of Obligations 4. Obligations and the Common Law 5. Contractual Obligations: General Provisions 6. Enforcing Contracts 7. Escaping from Contracts 8. Unperformed Contracts and Appropriate Remedies 9. Tortious Obligations: General Provisions 10. Liability and Intentional Harm 11. Liability for Unintentional Harm 12. Liability for Things 13. Liability for People 14. Liability for Words 15. Escaping Liability 16. Beyond Contract and Tort: Restitution 17. Transnational Law of Obligations? Bibliography Index

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Book SynopsisResearch on executive compensation has exploded in recent years, and this volume of specially commissioned essays brings the reader up-to-date on all of the latest developments in the field. Leading corporate governance scholars from a range of countries set out their views on four main areas of executive compensation: the history and theory of executive compensation, the structure of executive pay, corporate governance and executive compensation, and international perspectives on executive pay. The authors analyze the two dominant theoretical approaches - managerial power theory and optimal contracting theory - and examine their impact on executive pay levels and the practices of concentrated and dispersed share ownership in corporations. The effectiveness of government regulation of executive pay and international executive pay practices in Australia, the US, Europe, China, India and Japan are also discussed. A timely study of a controversial topic, this Handbook will be an essential resource for students, scholars and practitioners of law, finance, business, and accounting. Contributors: C. Amatucci, R. Bender, S. Bhagat, W. Bratton, S. Chahine, R. Chakrabarti, M.J. Conyon, G. Ferrarini, M. Firth, M. Goergen, B. Haar, L. He, M.T. Henderson, J.G. Hill, K. Kubo, T.Y. Leung, G. Loutzenhiser, M. Lubrano di Scorpaniello, J.A. McCahery, N. Moloney, K.J. Murphy, L. Oxelheim, L. Renneboog, R. Romano, O.M. Rui, Z. Sautner, K. Sheehan, K. Subramanian, R.S. Thomas, S. Thompson, G. Trojanowski, H. Wells, C. Wihlborg, J. Winter, P.K. Yadav, Y. Yadav, J. ZhangTrade Review‘. . . A controversial and endlessly debatable topic on which this book sheds considerable light and is a most welcome commentary. . . Rather than a collection of learned essays gleaned from various academic journals worldwide, the articles contained within this quite fascinating work of reference - all extensively footnoted - have all been specially commissioned by the editors to provide a wealth of informed, up-to-date commentary on the latest contributions to this debate worldwide from top scholars in this field. . . The book does provide copious resources for further research in the form of footnotes, extensive bibliographies at the end of each article and a detailed index at the back. With its global perspective and erudite approach, this book would certainly be an asset to anyone involved professionally or academically in any matters relating to executive pay.’ -- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: Introduction PART I: HISTORY AND THEORY 1. The Politics of Pay: A Legislative History of Executive Compensation Kevin J. Murphy 2. U.S. Executive Compensation in Historical Perspective Harwell Wells 3. Executive Pay and Corporate Governance Reform in the UK: What Has Been Achieved? Steve Thompson 4. Governance Codes, Managerial Remuneration and Disciplining in the UK: A History of Governance Reform Failure? Luc Renneboog and Grzegorz Trojanowski 5. Agency Theory and Incentive Compensation William Bratton PART II: THE STRUCTURE OF EXECUTIVE PAY 6. Bankers’ Compensation and Prudential Supervision: The International Principles Guido Ferrarini 7. Reforming Financial Executives’ Compensation for the Long Term Sanjai Bhagat and Roberta Romano 8. How to Avoid Compensating the CEO for Luck: The Case of Macroeconomic Fluctuations Lars Oxelheim, Clas Wihlborg and Jianhua Zhang 9. CEO Compensation and Stock Options in IPO Firms Salim Chahine and Marc Goergen 10. Corporate Governance Going Astray: Executive Remuneration Built to Fail Jaap Winter PART III: CORPORATE GOVERNANCE AND EXECUTIVE COMPENSATION 11. Regulating Executive Remuneration After the Global Financial Crisis: Common Law Perspectives Jennifer G. Hill 12. Institutional Investor Preferences and Executive Compensation Joseph A. McCahery and Zacharias Sautner 13. Say on Pay and the Outrage Constraint Kym Sheehan 14. Taxing Executive Compensation Glen Loutzenhiser 15. Insider Trading and Executive Compensation: What We Can Learn from the Experience with Rule 10b5-1 M. Todd Henderson 16. Executive Compensation Consultants Ruth Bender PART IV: INTERNATIONAL PERSPECTIVES ON EXECUTIVE PAY 17. Lessons from the Rapid Evolution of Executive Remuneration Practices in Australia: Hard Law, Soft Law, Boards and Consultants Randall S. Thomas 18. Presidents’ Compensation in Japan Katsuyuki Kubo 19. Top Executive Pay in China Michael Firth, Tak Yan Leung and Oliver M. Rui 20. Executive Compensation and Pay for Performance in China Martin J. Conyon and Lerong He 21. Executive Compensation in India Rajesh Chakrabarti, Krishnamurthy Subramanian, Pradeep K. Yadav and Yesha Yadav 22. The EU and Executive Pay: Managing Harmonization Risks Niamh Moloney 23. Executive Compensation under German Corporate Law: Reasonableness, Managerial Incentives and Sustainability in Order to Enhance Optimal Contracting and to Limit Managerial Power Brigitte Haar 24. Director and Executive Compensation Regulations for Italian Listed and Closed Corporations Carlo Amatucci and Manlio Lubrano di Scorpaniello Index

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Book SynopsisThis is a discerning analysis of international harmonization efforts for secured credit law and examines the role of globalization and finance capital in shaping such efforts.Gerard McCormack reveals how an 'efficient' law is often seen to increase the availability, and lower the cost, of credit, thereby contributing to international development. He considers whether the most comprehensive international standard the United Nations Commission on International Trade Law (UNCITRAL) Legislative Guide (2008) is actually suitable for adoption at the national level. In particular, he examines the hypothesis that American law and lawyers have shaped the content of the guide to the extent that it is not suitable for translation into other laws.This book will be of great interest to practitioners, policy makers and academics, as well as students, particularly postgraduate students, of law and business throughout the world.Contents: Preface 1. Introduction 2. The Case for Harmonising and Modernising the Law of International Trade 3. Harmonising and Modernising Secured Transactions Law 4. National Models and Replication Across International Frontiers Article 9 of the American Uniform Commercial Law and the English Common Law 5. International Harmonisation Efforts Before the UNCITRAL Legislative Guide 6. The UNCITRAL Secured Transactions Guide 7. The Insolvency Legislative Guide 8. Conclusion IndexTrade Review’McCormack's book is a thought provoking analysis of the aims, methodology and philosophy of international harmonisation efforts in the area of secured transactions. . . recommended to all those working in and on the law of secured credit.’ -- Noel McGrath, Banking and Finance Law Review’[T]he author should be commended for canvassing and discussing an enormous volume of literature on secured transactions. Aside from the speculative theories, it provides a useful guidebook to practitioners and academics, as well as international institutions engaged in secured transactions reform.’ -- Marek Dubovec, International Trade Law and Regulation‘Secured Credit and the Harmonisation of Law is a super read, thorough, multi-faceted and supremely intelligent. It is written in Professor McCormack's usual fluent and accessible style and even the most hard-bitten professional will find the work, theoretical aspects and all, highly engaging.’ -- Sandra Frisby, INSOL WorldTable of ContentsContents: Preface 1. Introduction 2. The Case for Harmonising and Modernising the Law of International Trade 3. Harmonising and Modernising Secured Transactions Law 4. National Models and Replication Across International Frontiers – Article 9 of the American Uniform Commercial Law and the English Common Law 5. International Harmonisation Efforts Before the UNCITRAL Legislative Guide 6. The UNCITRAL Secured Transactions Guide 7. The Insolvency Legislative Guide 8. Conclusion Index

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Book SynopsisThis updated edition includes an examination of force majeure in French law, the drafting of force majeure clauses, its usage in shipbuilding contracts, and the application of commercial impracticality under article 2-165 of the Uniform Commercial Code.Table of ContentsChapter 1 Introduction and Interrelationship Chapter 2 The Drafting of Force Majeure Clauses Chapter 3 Frustration, Force Majeure and Shipping Law Chapter 4 Applying the Principles - Industrial Action and Building Contracts Chapter 5 Frustration, Remedies and Re-Appraisal Chapter 6 International and Comparative Aspects

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Book SynopsisFirst published in 2003. Does someone owe you money? Whether the debtor is an individual or a commercial giant, this book enables you to choose a course of action to recover the debt.Table of ContentsWelcome, Buzzwords, Frequently asked questions, 1. Spotting a doubtful customer, 2. Where do I start?, 3. Choosing your weapon, 4. The nitty gritty: filling in the claim form, 5. Claiming online, 6. What happens next?, 7. Slugging it out in court, 8. Making it stick: enforcement, 9. Warrant of execution, 10. Attachment of earnings, 11. Third party debt order, 12. Charging order, 13. Bankruptcy for beginners, 14. Sabre rattling: the statutory demand, 15. Serious swordsmanship: the bankruptcy petition, 16. Liquidation, Sample letters, Sample forms, Official forms, Useful contacts, Index

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Book SynopsisSale of goods transactions are central to commercial life. This book provides an essential up-to-date and clear account of the law as it stands today, giving you the confidence to offer the best possible resolution for your clients. Written by a team of specialists drawn from both the academic world and professional practice, Sale of Goods provides a clear and accurate account of the law relating to the sale of goods. It provides complete analysis of the Sales of Goods Act 1979, together with amendments made to the Act in 1994 and 1995 - ensuring that your understanding is current and complete.Table of ContentsChapter 1. Introduction: The Contract for the Sale of Goods DJ Stephens Chapter 2. Passing Of Property Sarah Worthington Chapter 3. Risk Louise Gullifer Chapter 4. Frustration and Mistake Louise Gullifer Chapter 5. Conflicts of title and the Obligations of the Seller Janet Ulph Chapter 6. Delivery, Acceptance and Payment Adam Tolley Chapter 7. Implied Terms as to Description and Misrepresentation Paul Mitchell Chapter 8. Implied Terms as to Quality and Sample Paul Mitchell Chapter 9. Remedies of the Seller Ewan McKendrick Chapter 10. Remedies of the Buyer Ewan McKendrick Chapter 11. Exemption of the Seller Edwin Peel Chapter 12. F.O.B Contracts Ewan McKendrick Chapter 13. C.I.F Contracts Ewan McKendrick Chapter 14. Financing International Sale Contracts Sonia Tolaney Chapter 15. Conflicts of Law Edwin Peel

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Book SynopsisThe growth in prominence of the law of restitution and European Community law has resulted in the creation of a body of case law, which is contained within this work. This book examines the Community rules that affect restitutionary claims commenced in the English courts.This book considers the affect that EC rules may have on the development of specific areas of the English law of restitution, it sets out the circumstances in which the development of English rules governing restitutionary claims might be affected by the requirements of Community law, and examines in detail the Community rules which affect restitutionary claims commenced before the national courts and attempts to rationalise and to explain them within the framework of the principle of unjust enrichment.It is essential reading for practitioners as well as academics and postgraduate students.Table of Contents1. Introduction, 2. Charges wrongly levied by a public authority—an outline of English law 3. Charges levied in breach of Community law—the requirements of Community law 4. Charges levied in breach of Community law—the impact of Community Law on the English rules 5. Sums wrongly paid out by a public authority 6. Benefits conferred under a contract or contractual term infringing the EC Treaty.

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Book SynopsisThe first part of this volume collates papers from the Second Mansfield Symposium, which examined the areas of equity, trusts and restitution. The second part addresses the emerging field of equitable compensation and its implications.Table of ContentsPART I RESULTING TRUSTS, PART II EQUITABLE COMPENSATION, EPILOGUE

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Book SynopsisThis text looks at the options that the law provides, both domestically and internationally. It also explains the various opportunities available to reduce risk and organize and administer rescue packages for ailing institutions. This edition addresses the new civil procedures rules in England; arbitration in banking and finance; rescues; EC remedies and English law remedies.Table of ContentsChapter 1. The New Civil Procedures Rules In England Chapter 2. Arbitration in Banking And Finance Rescues Chapter 3. EC Remedies And English Law Remedies Chapter 4. Discovery Chapter 5. Cross-Border Court Orders And Banks Chapter 6. Insolvency Administration Chapter 7. Debt Reorganization Chapter 8. Set-Off And Remedies Under The Companies Act.

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Book SynopsisThe Expert in Litigation and Arbitration provides the complete picture of the role and duties of the expert witness in the UK, Germany, France, Italy, USA, Australia, Hong Kong and China. With articles and chapters from leading practitioners around the world, the book looks at the role of the expert in many different disciplines and jurisdictions, examining topical issues such as the independent status of the expert and professional liability. This book looks at the role of experts in both arbitration and litigation, considering how experts are currently used in civil actions and what lessons can be learnt from this. With much practical advice for the inexperienced expert witness, it covers many of the pitfalls faced by experts, looking at the various situations that can arise either in court or before an arbitrator.Table of ContentsChapter 1. The use of experts in litigation in Germany, Volker Triebel Chapter 2. The expert in France, Michael Brisac, Bernard Peckells, Michael Chapman Chapter3. The expert in Italy, Vicenzo Vigorriti, Aldo Berlinguer Chapter 4. The expert in the USA, Faust F. Rossi Chapter 5. The expert in Australia, A.A.De Fina Chapter 6.The expert in mainland China and Hong Kong, Fei Ning Chapter 7. Expert evidence in litigation and arbitration in Hong Kong, David Leonard Chapter 8. The expert witness in medical cases, Nigel H. Harns Chapter 9. The expert witness in criminal cases, Patrick Sheen Chapter 10. The expert witness in construction dispute cases, Roger Trett Chapter 11. The expert witness in insurance and reinsurance cases, Phillippa Rowe Chapter 12. The expert witness in maritime dispute cases, Ron Vince Chapter 13. The expert witness in rent review dispute cases, Peter Wainwright, Lesley Webber Chapter 14. Interlocutory and hearing problems and the expert witness, D.Mark Cato Chapter 15. The courts and independent experts, Lesley Webber Chapter 16. Final and binding, Jonathan Gaunt, Nicholas Cheffings Chapter 17. Expert determination in commercial contracts, Doug Jones Chapter 18. Expert determination in construction disputes, Tony Ensom Chapter 19. Expert determination in rent review disputes, Tim Copper Chapter 20. Expertise v experts - the experience of the commodity sector, Graham Parr Chapter 21. Interlocutory and hearing problems inexpert determination, D.Mark Cato

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Book SynopsisProfessional Liability: Law and Insurance 2nd Edition has been updated in line with changes in the law. With the increase in liability litigation and the growing sophistication of the law in this area, this edition provides an easy-to-read reference source offering a practical analysis of professional negligence.Table of Contents1 The Mutual Cognition of Professional Qualifications in the EC, 2 Negligence and the Professions, 3 Architects and Engineers, 4 Auctioneers, 5 Auditors and Accountants, 6 Barrister, 7 Estate Agents, 8 Insurance Intermediaries, 9 Solicitors, 10 Surveyors and Valuers, 11 Medical Practice and Professional Liability, 12 Insurance of Professional Indemnity Risks.

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Book SynopsisThe M&A market is expanding significantly year on year. Due to increasing globalisation, even the business of small to medium-sized companies transcends national borders. In the case of major M&A transactions, the parties involved must generally now comply with the legal systems of several different jurisdictions. This practical title features 27 chapters by leading experts on the various factors to consider when acquiring a company in their jurisdictions, including the pitfalls to avoid and proposed solutions. In addition to dealing with the advantages and disadvantages of asset and share deals, chapters cover the structure of the M&A agreement, seller's and buyer's liabilities, arbitration agreements, choice of law clauses, and acquisitions of insolvent companies and listed companies. This book is a comprehensive guide to the legal framework applicable internationally in the field of M&A for companies, banks, private equity funds and private investors and their legal advisers.Trade ReviewA priceless guide for multinational companies -- Domingos Cruz * Carlos Cruz & Associados *Very well organized and concise, this publication is intended as a quick-glance resource for those already familiar with the field but who may be looking to engage in work in a different jurisdiction. -- Legal Information Alert * Volume 27 Alert Publications, Inc. Chicago IL *Table of ContentsForeword 5 Andreas Lachmann Rotthege Wassermann & Partner GbR Argentina 7 Carlos Gruneisen Marcelo Gustavo Pozzetti M & M Bomchil Australia 17 Frederick John Chilton Aaron Rathmell Natasha Simonsen Allens Arthur Robinson Austria 33 Christian Herbst Florian Kusznier Schönherr Rechtsanwälte GmbH Belgium 49 Patrick Geeraert Dirk Van Gerven NautaDutilh Brazil 69 Evy Cynthia Marques Neil Montgomery Felsberg e Associados Bulgaria 83 Violetta Kunze Djingov, Gouginski, Kyutchukov & Velichkov Canada 97 Lisa C Damiani Kevin J Thomson Davies Ward Phillips and Vineberg LLP China 111 Candice Liu Lehman, Lee & Xu Czech Republic 121 Jarmila Hanzalová Marek Procházka Procházka Randl Kubr Denmark 135 Thomas Riise Lassen Ricard England & Wales 155 Robert Rice Boyes Turner France 171 Thierry Brocas De Pardieu Brocas Maffei Germany 189 Andreas Lachmann Rotthege Wassermann & Partner GbR Hungary 207 Richárd Eördögh Sándor Szegedi Szent-Ivány Komáromi Eversheds India 219 Aakash Choubey Rabindra Jhunjhunwala Khaitan & Co Ireland 237 John Given Cian McCourt A&L Goodbody Italy 251 Rosa Ida Carpagnano Nicola Cirillo Tiziana Del Prete Clifford Chance Luxembourg 267 Guy Harles Saskia Konsbruck Arendt & Medernach Malaysia 287 Michael Lim Hee Kiang Grace Yeoh Cheng Geok Shearn Delamore & Co Mexico 301 Carlos Obregón Pablo Perezalonso Ritch Mueller, SC Romania 319 Remus Ene Ana Maria Goga Pachiu & Associates Russia 333 Vitaly M Apataev Jonathan Russin Elena V Subocheva Russin & Vecchi LLC South Africa 349 Rachel Kelly Claire van Zuylen Bowman Gilfillan Inc Spain 369 Gemma Colomer Héctor Jausàs JAUSAS Sweden 385 Peder Hammarskiöld Mikael Klang Advokatfirman Hammarskiöld & Co United States 399 John L Reed Edwards Angell Palmer & Dodge LLP Uruguay 427 Andrés Durán Hareau Héctor Ferreira Hughes & Hughes About the authors 443

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Book SynopsisFranchising has become a global phenomenon. Many brands have grown beyond their national markets and proved that this business expansion model can work around the world. Meanwhile, in comparison to growth on a national scale, it is clear that cross-border franchising involves additional divergent business models and requires solutions to different issues in order to succeed. This major title, published in partnership with the International Bar Association, is a concise, practical guide for all those involved in planning and operating an international franchise programme, from in-house counsel to managing directors to those in private practice. The book is divided in two parts: the first part provides general information on preparing for international franchising and the second part applies know-how and industry experience to the most popular franchise industries such as hospitality, internet and technology, services and retail. The lack of a harmonised franchise regime or dispute resolution system across the major jurisdictions means that this is not a simple exercise from a legal perspective. In addition, many jurisdictions require specific pre-contractual disclosure and/or registration. In addition to classic legal questions, efficient tax planning is required to secure success. In parallel, the book reviews questions on data protection and intercultural communication during a franchise partnership as well as financing possibilities from various national perspectives. Uniquely, this title applies and reflects general practical and technical franchising know-how to specific franchised industries and highlights typical sector-by-sector questions and solutions in an international franchise context.Table of ContentsAbout the International Bar Association 5 Preface 7 Harald Lichter Ideenbroker GmbH Introduction 9 Marco Hero TIGGES Rechtsanwälte Part I: General international topics The definition of ‘franchising’ 11 Rocío Belda de Mergelina Garrigues Selecting a format for international franchising 27 Carl E Zwisler Gray Plant Mooty Franchising legislation – a global overview 59 Katharina Wurm TIGGES Rechtsanwälte International dispute resolution 81 Dan Engström Stockholm Arbitration & Litigation Center (SALC) Advokatbyrå KB Franchising and the Internet 95 Robin Bynoe Charles Russell LLP Lee Plave Plave Koch PLC Data protection – the European perspective 117 Christoph Wildhaber Streichenberg Rechtsanwälte Data protection – the North American perspective 129 Tao Xu DLA Piper LLP (US) Tax issues – the European perspective 133 Guido Holler TIGGES Rechtsanwälte Tax issues – the US perspective 149 Bruce S Schaeffer Franchise Valuations Ltd The importance of cultural differences in international franchising 163 Souichirou Kozuka Gakushuin University Albrecht Schulz TIGGES Rechtsanwälte Part II: Franchising industry reports Restaurants 175 Riley Lagesen Davis Wright Tremaine LLP Fashion 291 Igor San Juan Evelyn Verstraaten G-Star International BV Elder and child care 205 Jeffrey A Brimer Faegre & Benson LLP Grocery retail – the European perspective 217 André Lombart CMS DeBacker Grocery retail – the US perspective 225 Erik B Wulff DLA Piper LLP (US) Hotels 227 Karen Boring Satterlee Hilton Worldwide Frank Zaid Osler, Hoskin & Harcourt LLP Health, beauty and fitness 261 Lukas Bühlmann Bühlmann Rechtsanwälte Stéphane Teasdale Fraser Milner Casgrain LLP Internet and technology franchises 271 John H Pratt Hamilton Pratt John Vernon The Vernon Law Group, PLLC Cleaning and maintenance 287 Anders Fernlund Advokatfirman Nova AB Jacqueline W Vlaming Coverall North America, Inc The pet industry 295 Günter Erdmann SCHLARMANNvonGEYSO Part III: Financing in international franchising Financing – the UK perspective 307 Brian Duckett The Franchising Centre Financing – the German perspective 317 Jörg T Eckhold Eckhold & Klinger Unternehmensberatung GmbH (BDU) Financing – the US perspective 339 Robert Shaw Edwards Global Services, Inc Part IV: Appendices Appendix 1: Franchise associations 353 Appendix 2: Disclosure laws 363 Appendix 3: Relationship laws 366 About the authors 369

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Book SynopsisThis book gives practical assistance to lawyers and commercial managers who need to draft or negotiate a confidentiality agreement. It includes a summary of the law of confidence as it affects commercial relationships.

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Book SynopsisThe law is one of the elements of the external business environment that every business has to work within. Those who run businesses may not like the law, but they need to know what it is in order to comply with it, otherwise there can be undesirable consequences, such as fines for breaches of criminal law and damages claims where harm results to the public. Commercial Law in a Global Context is a clear and insightful text which puts Scottish law in a global context. It explains the relevance of Scots law to those whose main specialism is not law, and gives practical advice and straightforward, jargon-free expla¬nations of concepts, as well as how to study and write about commercial law. This text explores the place of Scots law in the families of legal systems, and includes two chapters that focus on the legal systems of the United Arab Emirates and Malaysia, which are examples of the two main legal traditions: civil law and common law. A sound knowledge of commercial (or business) law is very important, as companies may face potential liabilities under criminal law and civil law if they are do not pay attention to their company’s legal position. This essential text covers the most important aspects of the subject, and focuses on the practical aspects of the subject rather than theoretical concepts. To help support their learning, readers have access to a range of online resources including chapter-by-chapter multiple choice questions which will enable them to assess how well they have grasped individual chapters. The text also features a range of supplementary readings, in text exercises and cases/examples to help bring concepts to life. Visit www.goodfellowpublishers.com/commlaw for details. The Global Management Series is a complete portfolio of global business and management texts that successfully meets the needs of students on international undergraduate and postgraduate business and management degree courses. Each book is a clear, concise and practical and has a thorough pedagogic structure to suit a 12 week semester. The series offers a flexible 'pick and mix' choice of downloadable e-chapters, so that users can select and build learning materials tailored to their specific needs. See www.goodfellowpublishers.com/GMS for details. Each book in the series is edited and contributed to by a team of experienced academics based in the UK, Dubai and Malaysia it provides an essential learning aid for students across a wide range of business and management courses and an invaluable teaching tool for lecturers and academics. Series Editors: Robert MacIntosh, Professor of Strategy and Kevin O’Gorman, Professor of Management, both at Heriot-Watt University, UK About the Editors: Josephine Bisacre is an Associate Professor of Business Law at Heriot-Watt University and is the Director of Undergraduate Studies in the School of Management & Languages at Heriot-Watt University, UK. Yvonne McLaren is an Associate Professor, a third year co-ordinator and course leader in the Law of International Human Resource Management, Commercial Law, and Marketing and Consumer Law within the School of management and Languages at Heriot- Watt University, UK.Table of ContentsTable of Statutes; Table of Statutory Instruments ; Ch 1 Scots Commercial Law in a Global Context (Bisacre); Ch 2 Legal System of Scotland (McLaren and Bisacre); Ch 3 The UAE Legal System (Beebeejaun); Ch 4 The Legal System of Malaysia (Sivasubramaniam); Ch 5 The Law of Obligations (McLaren); Ch 6 Contract law – some Specific Issues (McLaren); Ch 7 How we Extinguish Contractual Obligations, Breach of Contract and Remedies (McLaren); Ch 8 Essential Elements of the Law of Delict (Stirling); Ch 9 Particular Issues Concerning the Duty of Care (Stirling); Ch 10 Particular Delicts (Stirling); Ch 11 Law of Agency (Beebeejaun); Ch 12 Law of Agency: Legal Relationships between the Principal, Agent and Third Party, and Termination of the Agency Contract (Beebeejaun); Index

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Book SynopsisThis open access volume of the AIDA Europe Research Series on Insurance Law and Regulation brings together contributions from authors with different legal cultures. It aims to identify the legal issues that arise from the intersection of two disciplines: insurance law and corporate/company law. These legal issues are examined mainly from the perspective of European Union (EU) law. However, there are also contributions from other legal systems, enriching the perspective with which to approach these issues.Table of ContentsIntroduction.- Part I – The System of Governance of Insurance Undertakings.- Corporate Governance and the so-called “Four-Eyes Principle” .- The Risk Management System, the Risk Culture, and the Duties of the Insurers' Directors.- Role and Significance of the Compliance Function in an Insurance Undertaking.- Insurance Outsourcing: A Legal Analysis.- Remuneration Policies of Insurance Undertakings in Europe: Principles for a deeply Heterogeneus Reality.- Corporate Governance Standards for Insurers in Singapore.- Part II – Insurance Business and Corporate Law.- Recovery and Resolution of Insurance Companies and Director’s Duties.- Restructuring, Winding-Up & Portfolio Transfer of Insurance Companies in Distress.- Insurance in M&A Transactions.- The Algorithmic Future of Insurance Supervision in the EU: A Reality Check.- Financial Reporting in Insurance and International Financial Reporting Standards.- Recent Directions in the Regulation of Insurance Claims Handling in the United Kingdom and Australia: A Model for other Jurisdictions to Consider?.- Business Registration Data as the Best Vehicle to Achieve KYC and AML for Business .- The Influence of Public and Corporate Insurance Law on the Application of Private International Law. Selected Issues.

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Book SynopsisThis book offers a comparative review of the ultra vires doctrine in corporate law. Divided into three main sections, it first provides a brief overview of the historical background and the scope of the ultra vires doctrine. It then analyses the essential features of the doctrine in the common law and civil law traditions across the Western world. Lastly, the book examines the objects clause, procedural aspects, and the mechanism of ratification of such ultra vires acts. The book's comparative approach and global contextualization of the subject matter will be of interest to readers from around the globe, familiarizing them with legal provisions, case law, and recent literature. Although it is primarily intended for scholars in the area of corporate law, it is also a valuable resource for professionals in the field of commercial law who deal with issues related to the capacity of firms and the powers of their directors.Table of ContentsChapter 1. Introduction.- Chapter 2. Conceptual presentation of the ultra vires doctrine.- Chapter 3. The ultra vires doctrine in common law.- Chapter 4. The ultra vires doctrine in European civil law.- Chapter 5. The ultra vires doctrine in Latin America.- Chapter 6. The objects clause and the ultra vires doctrine.- Chapter 7. Legal procedure to reject ultra vires acts.- Chapter 8. Ratification of ultra vires acts.- Chapter 9. Conclusion.

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Book SynopsisSince the beginnings of international law, the law of the sea has been of paramount importance for international trade. Yet this area of law and international trade regulations have developed as two distinct areas with little interface with each other. As the GATT/WTO emerged in parallel to the LOS Convention since the 1970s, both bodies have made extensive efforts in international treaty making. However, the relationship between trade regulations and the law of the sea has hardly been explored. The author examines some key aspects of this relationship, in particular port entry, access to cargo in coastal shipping (cabotage) and access to cargo in international shipping. The inclusion of services in WTO law will render this relationship of great importance in the future as the agreement extensively covers maritime transport. It is just a matter of time until the current exclusion of maritime transport under special exemptions will be reviewed in future negotiations. The book provides the background and a normative basis for approaching some of the problems which members of the WTO will have to address in coming years. It also deals briefly with the problem of choice of law and competing jurisdictions between trade law and maritime law.Trade Review«(...) Dr. Liu's book is a well researched, well structured and (...) well written effort to bring to the wider attention the points of convergence between the law of the sea and WTO law, particularly addressing the effects that such convergence has on international maritime transport services.» (Lesther Antonio Ortega Lemus, University of Geneva)Table of ContentsContents: Maritime Transport Services in the Law of the Sea – Maritime Transport Services in the WTO – Access to Port – Access to Cargo in Coastal Shipping - Cabotage – Access to Cargo in International Shipping - Liner Shipping – Dispute Settlement Mechanisms under the WTO and the LOS Convention.

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Book Synopsis As documented in a number of case studies (from Telia Telecom in Sweden to Wirecard in Germany) in this book, recidivism seems to be of a substantial magnitude in corporate crime. Corporations tend to repeat white-collar offenses such as financial crime and environmental crime in various forms as long as they find it convenient. A minor fine from time to time and dismissal of some executives as scapegoats do not prevent corporations from committing and concealing new offenses as long as there is a convenient financial motive, a convenient organizational opportunity, and a convenient willingness for deviant behavior. Businesses and their executives tend to be recidivists who get away with light punishment in most jurisdictions. The relevant audiences for this book include law students, business students, sociology students, and criminology students. Fraud examiners, defense attorneys, compliance officers, police investigators, as well as prosecutors can find the structural model of convenience to be an ideal template in preparing corporate crime case narratives.

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Book SynopsisKlaus Oepen untersucht alle Regelungen, in denen angeordnet ist, daß sich Insolvenzverfahren auf Gläubigerforderungen gegen zusätzliche Schuldner erstrecken. Dies sind Regelungen, die dem Insolvenzverwalter die alleinige Einzugskompetenz zusprechen, und Regelungen über die Auswirkungen von Insolvenzplänen. Das behandelte Phänomen ist nicht nur rechtsdogmatisch interessant, sondern hat auch große praktische Bedeutung. So wird beispielsweise die persönliche Gesellschafterhaftung sowohl durch einen Einzugsvorbehalt (§ 93 InsO) als auch durch eine Planerstreckungsregel (§ 227 Abs. 2 InsO) in das Insolvenzverfahren über das Gesellschaftsvermögen einbezogen. Für beide Typen von Erstreckungsnormen untersucht Klaus Oepen, welche Rechtsfolgen sie im einzelnen implizieren, und diskutiert außerdem, inwieweit teleologische Reduktionen und Analogien angebracht erscheinen.Die Rechtsfolgenseite birgt insbesondere bei den Einzugsvorbehalten zahlreiche Fragen wie etwa: Welche Befugnisse bleiben den Gläubigern? Inwieweit wird die Rechtsstellung des Forderungsschuldners beschränkt, obwohl er nicht Insolvenzschuldner ist?Der Autor beantwortet diese Fragen anhand eines von ihm selbst für alle Einzugsvorbehalte entwickelten Grundkonzepts.

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Book SynopsisErnst-Joachim Mestmäcker reviews Richard Posner's and Friedrich A.von Hayek's legal theories. Both are famous for their contributions to law and economics. They are, however, adversaries in their concepts of law and how it is to be informed by economics. Posner finds the only scientific legal theory in the external (economic) analysis of law. With Friedrich von Hayek the role of rules of conduct and legislation is to be determined by the principles that govern a free and competitive order. There are, contrary to Posner, important contributions from legal scholarship, legal history and comparative law.

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Book SynopsisDas Buch greift die Reform des Unternehmensrechts durch das MoMiG, BilMoG und ARUG auf und analysiert in acht Beiträgen, wie sich die Gesetzesänderungen auf die Corporate Governance, Konzernfinanzierung, Anfechtungsklagen und den Aufsichtsrat ausgewirkt haben. Zum einen wird diskutiert, ob sich die Neuregelungen in der Praxis bewährt haben. Zum anderen wird der Frage nachgegangen, ob Bedürfnis für eine Reform nach der Reform besteht.

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Book SynopsisStraftheorien beschäftigen sich mit der Frage, wie Kriminalstrafe gerechtfertigt werden kann. Mit der 2., inhaltlich überarbeiteten Auflage bringt Tatjana Hörnle vor allem die Kapitel zu expressiven Straftheorien und zur Legitimation von Kriminalstrafe gegenüber dem Bestraften auf den neuesten Stand der Literatur. Unter anderem wurde die neuere Rechtsprechung des Bundesverfassungsgerichts zu subjektiven Rechten von Opfern aufgenommen."Wer sich hier auf den neuesten Stand der Diskussion bringen will, kann dieses Ziel durch die Lektüre der dichten und doch elegant geschriebenen Darstellung auf einem sehr effizienten Weg erreichen." Wolfgang Wohlers Schweizerische Zeitschrift für Strafrecht 2012, 114-116

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Book SynopsisOver the last decade, Chinese stock markets have developed rapidly. Most importantly, their opening to foreign investment has meant a steady increase in international influence, but also confronted China with a number of challenges in ensuring stable and well-functioning markets. This volume discusses these developments and analyses the efforts needed to secure market integrity and investor protection, particularly through enforcement mechanisms in both capital markets and corporate law. It sheds light on the tasks and experiences met along the way and provides further food for thought on possible reforms of Chinese capital markets law.

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