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Title
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Freedom of establishment, conflict of laws and the transfer of a company's registered office : towards full cross-border corporate mobility in the internal market?
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Author
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Abstract
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| Cross-border corporate mobility in the internal market has developed in particular through the interpretation by the Court of Justice of the European Union of the Treaty provisions on freedom of establishment. Certain issues at the crossroads of conflict of laws and European Union (EU) law are still the subject of debate. One of these is whether freedom of establishment includes a right to solely transfer a companys registered office between Member States. As such transformation results in a change of the companys lex societatis, it is intrinsically linked to the debate on regulatory competition in the EU internal market, freedom of choice and the proper balancing of the public and private interests involved. The author defends a nuanced position, referring to the true meaning of establishment in the internal market, the policy of safe regulatory competition and the equivalence of the Member States conflict of laws rules. |
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Language
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English
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Source (journal)
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Journal of private international law. - Oxford
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Publication
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Oxford
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2017
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ISSN
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1744-1048
[print]
1757-8418
[online]
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DOI
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10.1080/17441048.2017.1353819
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Volume/pages
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13
:2
(2017)
, p. 294-323
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ISI
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000411574600003
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Full text (Publisher's DOI)
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Full text (publisher's version - intranet only)
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