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Dissertations / Theses on the topic 'Corporate law'

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1

Armour, John, Henry Hansmann, and Reinier Kraakman. "The Essential Elements of Corporate Law. What is Corporate Law?" IUS ET VERITAS, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/122373.

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This article is the first chapter of the second edition of “The Anatomy of Corporate Law: A Comparative and Functional Approach”, by Reinier Kraakman, John Armour, Paul Davies, Luca Enriques, Henry Hansmann, Gerard Hertig, Klaus Hopt, HidekiKanda and Edward Rock (Oxford University Press, 2009). The book as a whole provides a functional analysis of Corporate (or Company) Law in Europe, the U.S., and Japan. Its organization reflects the structure of Corporate Law throughout all jurisdictions, while individual capitals explore the diversity of jurisdictionalapproaches to the common issues of Corp
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2

Karavias, Markos. "Corporate obligations under international law." Thesis, University of Oxford, 2011. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.617599.

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Corporations have emerged as key actors on the international plane challenging the prevalence of the sovereign State as the basic block of the international legal order. Not only does the economic power of corporate entities outstrip that of certain States, but also corporations are increasingly assuming functions comparable to those of States as a result of the trend of privatization. It is for this reason that calls for the direct regulation of corporations by virtue of international law have proliferated. The creation of international law obligations binding directly on corporations is thou
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3

Wohlschlegel, Ansgar. "The economics of corporate bankruptcy law." [S.l. : s.n.], 2002. http://deposit.ddb.de/cgi-bin/dokserv?idn=96600664X.

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4

Anyadiegwu, Okay Hyacinth. "Minority shareholder's remedies in corporate law." Thesis, University of British Columbia, 1991. http://hdl.handle.net/2429/42044.

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Investment in the corporate venture may sometimes be a risky venture for the minority shareholders. Apart from the business risk of the undertaking, there is also the risk of disagreement within the corporate organization. The interests of minority shareholders has often been made virtually worthless by the machinations of those in control of the corporation. They are often deprived of any income from the corporation either in the form of dividends or salary, they are not allowed any effective voice in the business decisions and they are denied any information about corporate affairs. O
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5

Mokal, Rizwaan Jameel. "Corporate insolvency law : theory and application /." Oxford [u.a.] : Oxford Univ. Press, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/380111381.pdf.

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Univ., Diss.--London, 2001.<br>Formerly CIP. Includes bibliographical references (S. [341] - 351) and index. Introduction : consistency of principle in corporate insolvency -- The creditors' bargain and the collectivity of the liquidation regime -- The authentic consent model : justifying the collective liquidation regime -- The pari passu principle and its relationship with other methods of insolvency distribution -- The priority of secured credit -- Administrative receivership and the floating charge -- Administration -- The wrongful trading provisions -- Adjusting transactions involving dis
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6

Cabral, Harsha, and n/a. "Corporate law, derivative actions : a comparative approach." University of Canberra. Law, 1999. http://erl.canberra.edu.au./public/adt-AUC20060622.163443.

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This thesis is a culmination of a research of a particular branch of Corporate Law, which has grown in several major parts of civilized jurisdictions. The thrust of the study was to evaluate the past, present and the future of a particular type of action known in Corporate Law under the umbrella of shareholder remedies - the 'Derivative Action' with emphasis to develop the law in one jurisdiction profiting from another. The research thus reveals how, when and where the so called action originated, the initial effects these actions had on the corporate world including shareholders, companies an
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7

Ferrell, Frank Allen. "Essays in financial regulation and corporate law." Thesis, Massachusetts Institute of Technology, 2005. http://hdl.handle.net/1721.1/32407.

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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Economics, 2005.<br>Includes bibliographical references.<br>In the first essay, we investigate which provisions, among a set of twenty-four governance provisions followed by the Investor Responsibility Research Center (IRRC), are correlated with firm value and stockholder returns. Based on this analysis, we put forward an entrenchment index based on six provisions - four "constitutional" provisions that prevent a majority of shareholders from having their way and two "takeover readiness" provisions that boards put in place to be
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8

Polo, Andrea. "Essays in corporate restructuring, reputation and law." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:7785081d-93c5-4453-9cbf-021306430f17.

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This dissertation consists of three essays which examine topics at the intersection of law and finance. The first essay investigates the role of regulatory sanctions and reputational damage in financial markets. We study the impact of the announcement of enforcement of financial and securities regulation by the UK’s financial regulators on the market price of penalized firms. We find that reputational sanctions are very real: their stock price impact is on average almost 9 times larger than the financial penalties imposed. Furthermore, reputational losses are confined to misconduct that direct
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9

Harris, Rudessa. "Corporate Governance law reform in South Africa." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60052.

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10

van, Zwieten Kristin. "The demise of corporate insolvency law in India." Thesis, University of Oxford, 2012. http://ora.ox.ac.uk/objects/uuid:b19387d6-1a57-4e60-b46b-ca2c7a469afe.

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The subject of this thesis is the operation of corporate insolvency law in post-colonial India. Indian corporate insolvency law has been widely condemned as dysfunctional, critics complaining of extreme delays and a series of associated harms to creditors in the disposal of formal proceedings. Surprisingly little is known, however, about why the law has ‘failed’ creditors in this way - why the law operates as it does. That is the question that motivates this thesis. The thesis reports the results of an in-depth study of the introduction and development of India’s two principal insolvency proce
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11

Kastrinou, Alexandra. "European corporate insolvency law : an analysis of the corporate rescue laws of France, Greece and the United Kingdom." Thesis, University of Leicester, 2010. http://hdl.handle.net/2381/9071.

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The thesis focuses on European corporate insolvency law by reference to the laws as developed of three different jurisdictions, namely France, Greece and the United Kingdom. The thesis is aimed at providing an analysis of the insolvency laws of the three jurisdictions, while the main focus is on the corporate rescue mechanisms that are available in the three jurisdictions. Although the thesis provides an overview of the historical background of the insolvency law regime in each of the three jurisdictions, it, particularly, focuses on reforms introduced within the last decade, namely from the e
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12

Nelson, James Michael. "Essays on corporate governance." Diss., The University of Arizona, 1999. http://hdl.handle.net/10150/288976.

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Despite a great deal of interest by institutional investors and others in the issue of corporate governance, there is surprisingly little empirical evidence linking governance practices with firm performance. This dissertation examines the link between corporate governance practices and firm performance, acknowledging the endogenous nature of the relationship. I begin by defining corporate governance as a set of constraints and incentives on managers and shareholders bargaining to determine how the value of the firm will be allocated. In chapter one, I examine an unbalanced panel of 1,721 firm
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13

Mlambo, Chipo. "The influence of corporate failures and foreign law on South African corporate governance." Diss., University of Pretoria, 2016. http://hdl.handle.net/2263/60066.

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This dissertation discusses how South African Corporate Governance has been influenced by corporate failures and foreign law, through comparing international jurisdictions. The dissertation comprises of five chapters, beginning with an introductory Chapter One. The introductory chapter provides a background and sets out the research problem and questions to be answered as well as the methodology used in this study. Chapter Two introduces the concept of corporate governance and is divided into two parts. Part one focuses on principles of good corporate governance as set out by the King Report o
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Sugawara, Masayuki. "Corporate criminal liability for manslaughter." Thesis, University of Bristol, 1999. http://hdl.handle.net/1983/dde0cfe7-338d-47c9-9b91-09a8f1b85408.

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In the late 1980s, a series of disasters was witness in the United Kingdom, such as the King's Cross Underground fire, the Piper Alpha disaster, the Clapham Junction Railway accident and the capsize of the ferry "Herald of Free Enterprise" at Zeebrugge. Although the following inquiries and reports highly criticised corporations for their poor management and organisation relevant to the risk of harm inherent in their activities, very few prosecutions for manslaughter have followed. Since the occurrence of these disasters, however, an increasing perception that deaths caused through corporate op
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15

Okoye, Adaeze Chinweogo. "Re-defining corporate social responsibility as a legitimizing force for corporate power : to what extent can law and a law-jobs perspective contribute to corporate social responsibility?" Thesis, University of Hull, 2012. http://hydra.hull.ac.uk/resources/hull:7077.

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16

Pacces, Alessio Maria. "Featuring control power : corporate law and economics revisited /." Rotterdam : Erasmus Universiteit, 2008. http://aleph.unisg.ch/hsgscan/hm00217932.pdf.

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Xu, Ke. "Corporate governance in China : a 'law' unto itself." Thesis, Lancaster University, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.539643.

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Sanger, Andrew Gareth. "Corporate liability for violations of customary international law." Thesis, University of Cambridge, 2015. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.709310.

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Mackie, Colin P. N. "Corporate structures and environmental liability under EU law." Thesis, University of Aberdeen, 2013. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=201704.

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Within the context of UK company law, this thesis proffers a robust solution to the problem of: (1) corporate shareholders utilising the limited liability attained from their shareholding in a subsidiary; and (2) group companies utilising the separate legal personality of an affiliated company, to avoid financial liability under EU environmental law. Analysis is confined to the framework of environmental liability implemented by the Environmental Liability Directive (the ‘ELD’). The ELD is based on the polluter-pays principle. This principle seeks, inter alia, to ensure that the person(s) resp
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20

McGaughey, Ewan. "Participation in corporate governance." Thesis, London School of Economics and Political Science (University of London), 2014. http://etheses.lse.ac.uk/3079/.

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Over the last thirty years there has been a remarkable functional convergence in the way companies are run. Behind directors, asset managers and banks usually participate the most in setting the ultimate direction of corporations, as they have assumed the role of stewardship over shareholder voting rights. At the same time, an increasing number of people’s livelihoods and old age now depend on the stock market, but these ultimate contributors to equity have barely any voice. Why has there been such a separation of contribution and participation? Two positive theses explain this convergence in
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21

Allan, Stuart. "The Corporate Manslaughter and Corporate Homicide Act 2007 or the Health and Safety (Offences) Act 2008 : corporate killing and the law." Thesis, University of Glasgow, 2016. http://theses.gla.ac.uk/7376/.

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This thesis examines the regulatory and legislative approach taken in the United Kingdom to deal with deaths arising from work related activities and, in particular, deaths that can be directly attributed to the behaviour of corporations and other organisations. Workplace health and safety has traditionally been seen in the United Kingdom as a regulatory function which can be traced to the very earliest days of the Industrial Revolution. With an emphasis on preventing workplace accidents and ill-health through guidance, advice and support, the health and safety legislation and enforcement regi
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22

Knutsson, Philip. "Piercing the corporate veil : limits of limited liability." Thesis, Stockholms universitet, Juridiska institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-153357.

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23

Mokal, Rizwaan Jameel. "Consistency of principle in corporate liquidation." Thesis, University College London (University of London), 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.270410.

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24

Kakubo, Mwanchela M. "Justifications for piercing the corporate veil." Master's thesis, University of Cape Town, 2011. http://hdl.handle.net/11427/13510.

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Includes bibliographical references.<br>According to the decision in Salomon a company is recognised as a legal entity separate and distinct from its shareholders. Although this fundamental rule has had a considerable influence in company law worldwide, it cannot be absolute and, as such, must allow for exceptions where the courts may disregard the separate legal personality of the company. The general rule is that a court will pierce the corporate veil “only where special circumstances exist indicating that it is a mere façade concealing the true facts, so that the separate existence of the c
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25

Mongalo, Tshepo Herbert. "Corporate actions and the empowerment of non-shareholder constituencies." Doctoral thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16606.

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Includes bibliographical references<br>Corporate law developments concerning the empowerment of non-shareholder constituencies in Anglo-American jurisdictions of the United States of America and the United Kingdom since the 1980s have been of very limited utility. Available literature and legal authorities in both those jurisdictions clearly illustrate the obsession of policy makers and the judiciary with normative statements of directorial responsibilities to non-shareholder constituencies without introducing the necessary and complimentary right of action for those constituencies. The reluct
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26

Bengtsson, Björn. "Corporate Governance Kod i Sverige." Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3412.

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<p>Jag valde att i min uppsats behandla den svenska Koden för bolagsstyrning</p><p>(Corporate Governance) och mitt syfte var att göra en jämförelse mellan Kodens</p><p>och Aktiebolagslagens regler för bolagsstyrning För att lyckas med detta har jag</p><p>använt mig av den traditionella juridiska metoden och utgått från den</p><p>rättsdogmatiska ansatsen.</p><p>Bolagen ska, enligt Koden, offentliggöra tid och plats för stämman i samband</p><p>med att tredje kvartalsrapporten lämnas. I god tid ska bolaget på sin hemsida</p><p>informera om aktieägarnas rätt att få ärende behandlat av stämman och
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27

Fawcett, Jacob. "Corporate ideology and legal myth." Fairfax, VA : George Mason University, 2008. http://hdl.handle.net/1920/3420.

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Thesis (M.A.)--George Mason University, 2008.<br>Vita: p. 105. Thesis director: Denise Albanese. Submitted in partial fulfillment of the requirements for the degree of Master of Arts in English. Title from PDF t.p. (viewed Mar. 17, 2009). Includes bibliographical references (p. 94-104). Also issued in print.
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Kerachi, Ali, and Robert Elm. "Corporate Fundraising : Relationbaserad marknadsföring." Thesis, Södertörn University College, School of Business Studies, 2006. http://urn.kb.se/resolve?urn=urn:nbn:se:sh:diva-868.

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29

Smith, Anne Marie. "The appraisal remedy in corporate law a comparative study." Thesis, University of Ottawa (Canada), 1989. http://hdl.handle.net/10393/5717.

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30

Tajarloo, Reza. "Avoidance of antecedent transactions in English corporate insolvency law." Thesis, University of Essex, 2005. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.423549.

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31

Monyamane, Sasha. "The place of corporate social responsibility in company law." Thesis, University of Strathclyde, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367230.

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32

Cumming, Douglas, Igor Filatotchev, April Knill, David Mitchell Reeb, and Lemma Senbet. "Law, finance, and the international mobility of corporate governance." Palgrave Macmillan, 2017. http://dx.doi.org/10.1057/s41267-016-0063-7.

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We introduce the topic of this Special Issue on the "Role of Financial and Legal Institutions in International Governance", with a particular emphasis on a notion of "international mobility of corporate governance". Our discussion places the Special Issue at the intersection of law, finance, and international business, with a focus on the contexts of foreign investors and directors. Country-level legal and regulatory institutions facilitate foreign ownership, foreign directors, raising external financial capital, and international M&A activity. The interplay between the impact of fo
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Katelouzou, Dionysia. "Hedge fund activism, corporate governance and corporate law : an empirical analysis across twenty-five countries." Thesis, University of Cambridge, 2013. https://www.repository.cam.ac.uk/handle/1810/244631.

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This study investigates the brand of shareholder activism hedge funds deploy by reference to a unique hand-collected dataset of 11 years’ activist hedge funds’ campaigns across 25 countries. The analysis has two core elements, one of which is to chart the emergence of hedge fund activism outside the United States and the other being to account why hedge fund activism has developed differently across the sample countries. Both issues have been to date only tangentially explored. This study is the first one to seek to determine the extent to which corporate law is a determinant of the hedge fund
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Ojogbo, Samuel E. "Corporate violations of human rights and the environment in developing markets : exploring the role of corporate law." Thesis, University of Nottingham, 2018. http://eprints.nottingham.ac.uk/51824/.

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This thesis addresses the problem of environmental degradation and human rights abuses by Multinational Corporations (MNCs) operating in developing markets, which has been attributed to the difficulty in regulating modern MNCs. Three main factors that create the environment for corporate impunity for human rights and environmental abuse in developing markets as identified by current scholarship are the mismatch between the modern corporate structure and the rules of corporate law, the insensitivity of the governments of developing markets to the plight of human rights victims, and the general
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35

Ramage, Sally. "A comparative analysis of corporate fraud." Thesis, University of Wolverhampton, 2007. http://hdl.handle.net/2436/14408.

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The law is stated as at July 2006, before the enactment of the United Kingdom Fraud Act 2006. This thesis covers ‘serious’ corporate fraud and not commonplace petty fraud. I examined corporate fraud, concentrating on a comparison of the United Kingdom’s fraud with that of two civil law neighbouring countries, France and Germany, both with high financial activity, and also with a few American states, common law systems like the English legal system. The objective of this study is to identify ways of combating fraud in the UK by enquiry and discovery as to how fraud occurs and how the two differ
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36

Naidu, Jayanthi. "Reimagining the corporation : narratives of corporate social responsibility." Thesis, Queen Mary, University of London, 2008. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1800.

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This thesis evaluates standard setting initiatives in corporate social responsibility or 'CSR' engagements. Chapter 1 establishes how standard setting initiatives are developed through narratives of CSR. In chapter 2, the thesis unpacks hard and soft CSR which is seen as the key step to unlock the possibilities of standard setting. By showing that there is a nexus between hard and soft CSR, the regulatory divide is bridged. From here, CSR is seen to consist of internal and external narratives. When the narratives merge, standard setting can evolve in a coherent and meaningful way. In developin
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Chakanika, Andrew. "Corporate governance in South Africa progress and challenges." Master's thesis, University of Cape Town, 2013. http://hdl.handle.net/11427/4586.

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Includes abstract.<br>Includes bibliographical references.<br>South Africa is one of the fastest emerging economies of the world and this rapid economic growth has been largely attributed to the adoption of the King codes and the various corporate governance structures. Against this background, this dissertation will begin by discussing the major changes that have been made from the King II report to the King III report. The driving forces behind this dissertation are contained in chapters three and four as these chapters will seek to ascertain some of the major progresses and challenges that
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Chennels, Jack Francis Erskine. "Corporate governance and labour relations: a sustainable partnership." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/12890.

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Escobar, Rozas Freddy. "Corporate contracts and legal evolution." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123842.

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In any contractual operation, risks are presented, which have a significant cost in economic operations. In view of this, the parties, in exercise of their contractual freedom, regulate the allocation of risks in the most appropriate way to their needs, seeking efficiency. In this article, the author explains the importance of risks in contractual operations, the reason for the modification of legal provisions of risk allocation, and why contracts should be interpreted literally.<br>En toda operación contractual, se presentan riesgos, los cuales tienen un costo significativo en las operaciones
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Le, Roux Lu. "In the name of the company : an analysis of the provision and effect of section 21 of the Companies Act 71 of 2008." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/77305.

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A company acquires a legal personality upon incorporation and registration, before which it does not have the required capacity to enter into a valid contract. However, the promoter of a company may have to enter into an agreement on behalf of, or for the benefit of the company to be formed, either for the incorporation or for the future business of the company. Such a pre-incorporation contract often becomes a source of trouble and causes dispute over the validity or the legal consequences of the contract. Laws in common law jurisdictions and civil law jurisdictions make various provisions
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41

Zhao, Qin. "Corporate control, a comparative examination of corporate law in Canada and the People's Republic of China." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0018/MQ49477.pdf.

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42

Becker, Cleo. "What is the role of corporate governance as a sub-species of corporate law in the level of corporate risk taking?" Master's thesis, University of Cape Town, 2009. http://hdl.handle.net/11427/4554.

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The Aim of this paper is to highlight the possible causes of the current global financial crisis; both legal and regulatory, and to examine how corporate governance, as a sub-species of corporate law can be used to curb excessive risk taking. This paper will examine the failure of current corporate law and regulation to curb excessive risk taking behaviour and present proposals for reform of the existing system. This necessitates comparison between South Africa, the U.S.A (particularly the State of Delaware) and the United Kingdom, where the crisis has lead to recent legislative and regulatory
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43

Rühmkorf, Andreas. "The promotion of corporate social responsibility in English private law." Thesis, University of Sheffield, 2013. http://etheses.whiterose.ac.uk/4349/.

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The thesis rests on the argument that the literature on Corporate Social Responsibility (CSR) and the law has, so far, largely neglected the contribution that private law makes or could make to the promotion of CSR. The primary research question of this thesis is therefore to analyse the extent to which English private law already promotes and/or could better promote CSR. Based on the analysis of four substantive areas of private law (company law and corporate governance, contract law, consumer law and tort law), one of the overall contributions of this thesis is to demonstrate that private la
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Varela, David F. "The federal system and corporate law: the case of Delaware." Thesis, McGill University, 1989. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=55686.

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45

Kuntz, Marie [Verfasser]. "Conceptualising Transnational Corporate Groups for International Criminal Law / Marie Kuntz." Baden-Baden : Nomos Verlagsgesellschaft mbH & Co. KG, 2017. http://d-nb.info/1160479410/34.

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Vella, John. "Avoidance, characterisation and interpretation in tax, corporate and financial law." Thesis, University of Cambridge, 2007. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.707899.

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Burdette, David Alan. "A framework for corporate insolvency law reform in South Africa." [Pretoria : s.n.], 2002. http://upetd.up.ac.za/thesis/available/etd-11192002-142456.

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48

Haddadin, Fadi. "Critique of shareholder status in Jordanian corporate law : a comparative approach." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp03/MQ64279.pdf.

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Hebert, Jasmine. "Homicide Waiting to Happen: Sacrifice and Corporate Manslaughter Law in the UK." Thesis, Université d'Ottawa / University of Ottawa, 2018. http://hdl.handle.net/10393/37298.

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The original purpose or motive of the sacrifice, rooted in ceremonious or religious acts, was as a gift to a centralized power that ensured a common good or prosperity. In modern capitalist society, sacrifice is about “a willingness to sacrifice short-term gains for long-term gains” (Keenan 2005: 11) of freedom and fortune. What is concealed in this propaganda is that true freedom and prosperity is mostly restricted to a few exceedingly privileged and powerful individuals – and every year, these ‘short-term’ sacrifices include the millions of lives of the disciplined and altruistic workers tha
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Grahovar, Marina, and Martina Åkesson. "A Common Corporate Governance Code - Mission Impossible?" Thesis, Kristianstad University College, Department of Business Administration, 2005. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-3239.

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<p>The corporate governance codes are a way of creating trust for companies in national financial markets. The problem with implementing different codes within the European Union has lead to that the trust has been increased for the companies within the different countries but not internationally, within the European Union. This means that investors will have to look into each country code to decide if a company existing in a financial marketplace can be trusted. A resolution for creating trust internationally could be to create a common code for the European Union. Therefore the aim of our r
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