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1 - Dimensions of convergence in shareholder law

Published online by Cambridge University Press:  15 December 2009

Mathias M. Siems
Affiliation:
University of Edinburgh
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Summary

The delimitation of this book follows from the spatial, objective, temporal and legal methodological dimensions of convergence in shareholder law. The ‘spatial dimension’ (section 1 below) will include the legal bases of international organizations, the EU, the UK, the US, Germany, France, Japan and China. In the discussion on ‘objective dimension’ (section II below), it will be clarified what kind of companies and investors ‘shareholder law’ covers. In the discussion on ‘temporal dimension’ (section III below), the question of whether and how far the current process of convergence is to be regarded as a continuation or endpoint of the developments to date will be considered. Finally, the section on ‘methodological dimension’ (section IV below) will set out further steps of this monograph.

The spatial dimension: the legal systems covered

In selecting the legal systems to be studied, it is sensible to restrict their number, though without thereby narrowing the comprehensiveness of the study. Accordingly, I will consider the law of the US, the UK, Germany, France, Japan and China as well as international legal bases.

Further specification is needed for the EU, the US and China. At the European level, in addition to harmonization through directives, the European Company (Societas Europaea, SE) in particular now has to be taken into account. The focus here will be on the European law on the SE. This is not intended to give the impression that the SE is a uniform European legal form.

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Publisher: Cambridge University Press
Print publication year: 2007

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