Description
Speaker: Professor Chris Thomale (University of Vienna, University Roma Tre)
Abstract: According to a widely received concept coined by Hansmann/Kraakman, “asset partitioning” denotes a bundle of doctrines surrounding the relationship of business owners as well as their business and private creditors, so-called entity shielding and owner shielding. Often, this configuration is associated with a legal entity, e.g., providing the “corporate veil” which allegedly protects owners’ assets from business creditors. Contrary to this intuition, it will be shown that legal personality, while offering a metaphorical framework for asset partitioning, is no institutionally indispensable prerequisite for it. To support this claim, we will look at historical and contemporary comparative evidence from continental-European as well as Middle- and South-American legal orders. This allows us to compare asset partitioning with and without legal personality and evaluate the policy implications of each.
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Speaker: Professor Christopher Nicholls (University of Western Ontario)
In 1933, in the depths of the Great Depression, the Yale Law School and Harvard Business School launched an innovative joint program: the “Law-Business Course”. The program’s principal architect was Yale law professor...
Published 11/12/24
Speaker: Dr Akshaya Kamalnath (Australian National University)
Governance of companies has always involved some uncertainty and technology related challenges similarly add to the risks and challenges involved. Yet, corporate governance – both the legal and non-legal aspects – finds ways to...
Published 10/29/24