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This book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-known statement by the Justices of the US Supreme Court expressed in the famous Grupo Mexicano case, according to which the “age of slow-moving capital and comparatively immobile wealth” has now passed, and the 21st century requires a fresh look at the law of provisional measures. In the quest to find a model for interim relief, the Mareva Injunction, subsequently renamed the ‘Freezing Order’ in the English Civil Procedural Rules, is used as the benchmark to which each of the targeted systems discussed here is compared. This is because international scholarship, as well as e.g. the US Supreme Court, generally consider the Mareva Injunction to be the most effective and farthest-reaching provisional remedy. The analysis suggests that the Mareva Injunction / Freezing Order represents the type of relief that will most likely continue to dominate as the most efficient and farthest-reaching interim measure in the years to come.
Injunctions --- Interlocutory decisions --- Debtor and creditor --- Interlocutory decrees --- Interlocutory judgments --- Interlocutory orders --- Judgments --- Commercial law. --- Private International Law, International & Foreign Law, Comparative Law . --- Business Law. --- European Law. --- International Economic Law, Trade Law. --- Business --- Business law --- Commerce --- Law, Commercial --- Mercantile law --- Law --- Law merchant --- Maritime law --- Law and legislation --- Private international law. --- Conflict of laws. --- Law—Europe. --- International law. --- Trade. --- Law of nations --- Nations, Law of --- Public international law --- Choice of law --- Conflict of laws --- Intermunicipal law --- International law, Private --- International private law --- Private international law --- Legal polycentricity --- Civil law --- Comparative law. --- Trade regulation. --- Private International Law, International and Foreign Law, Comparative Law. --- Regulation of trade --- Regulatory reform --- Trade regulation --- Commercial law --- Consumer protection --- Deregulation --- Comparative jurisprudence --- Comparative legislation --- Jurisprudence, Comparative --- Law, Comparative --- Legislation, Comparative --- Europe.
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This book compares the law on provisional measures of common law and civil law countries, the goal being to identify and compare their main advantages and disadvantages. The guiding concept is a well-known statement by the Justices of the US Supreme Court expressed in the famous Grupo Mexicano case, according to which the “age of slow-moving capital and comparatively immobile wealth” has now passed, and the 21st century requires a fresh look at the law of provisional measures. In the quest to find a model for interim relief, the Mareva Injunction, subsequently renamed the ‘Freezing Order’ in the English Civil Procedural Rules, is used as the benchmark to which each of the targeted systems discussed here is compared. This is because international scholarship, as well as e.g. the US Supreme Court, generally consider the Mareva Injunction to be the most effective and farthest-reaching provisional remedy. The analysis suggests that the Mareva Injunction / Freezing Order represents the type of relief that will most likely continue to dominate as the most efficient and farthest-reaching interim measure in the years to come.
European law --- International private law --- International law --- Commercial law --- handelsrecht --- Europees recht --- internationaal recht --- internationaal privaatrecht --- Europe
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Shareholders´ Agreements have a growing influence on the general understanding of corporate law since they bind not only the shareholders but also affect the constitution of the corporation and can have a severe impact on capital markets. Therefore, Shareholders´ Agreements are more and more subject to regulation in corporate, capital market and also insolvency law on the national, the European and the international level. This handbook provides a general examination of conceptual questions of Shareholders´ Agreements and provides an analysis of the regulation of Shareholders´ Agreements in European and international law and of the national law of more than 20 jurisdictions. Readers will get a general understanding of the theoretical and practical problems involved with Shareholders´ Agreements and detailed information on the regulation of Shareholders´ Agreements in several jurisdictions and the applicable law in the case of transnational corporations and cross-border transactions.
Stockholders --- Stock ownership --- Private companies --- Corporate ownership --- Corporations --- Ownership of stock --- Property --- Investors --- Shareholders --- Capitalists and financiers --- Corporation law --- Stocks --- Companies, Private --- Limited companies --- Limited liability companies --- LLCs (Limited liability companies) --- Private limited companies --- Limited liability --- Legal status, laws, etc. --- Law and legislation --- Ownership --- Investor relations --- Stockholders - Legal status, laws, etc. - Congresses. --- Stock ownership - Law and legislation - Congresses. --- Stock exchanges - Rules and practice - Congresses.
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