Salomon's case has for a long time been widely seen as a landmark case that is the keystone of modern company law. A mythology has developed around the case that has resulted in the Salomon principle exercising an iron grip on company law. The rigid application of the principle in Salomon's case...

The applicable jurisdiction for insolvency proceedings, as provided by the Regulation (EC) No 1346/2000 on insolvency proceedings, is the court of the Member State where the debtor's centre of main interest (COMI) is located (Article 3(1)). The Regulation, however, does not provide a...

The fiduciary relationship is one of the most fundamental legal relationships, and its importance for both public and private law is increasingly recognized. Fiduciary mandates typically involve one person – the fiduciary – administering the affairs or property of other persons – an...

Despite its age, the longstanding debate surrounding corporate rights and duties remains unresolved. Until today, the type and scope of corporate rights and duties, as well as the manner by which they are assigned, are both contested and evolving. The questions at stake are manifold. For...

Several state LLC, LP and LLP statutes provide charging order protection for these entities which may provide substantial protection from creditors beyond that which available with a corporation. Many of these statutes indicate the charging order is the exclusive remedy available to creditors....

In the first months after a decision of the Delaware Supreme Court upholding a fee-shifting bylaw under which the unsuccessful plaintiff shareholder was required to reimburse all defendants for their legal and other expenses in the litigation, some 24 public companies adopted a similar provision...

Kosovo and its citizens need trade liberalization in order to get quality goods and also decrease the imbalance in foreign trade. Recent agreements with the European Union and future trade preferences will certainly help the trade between EU and Kosovo. With this step in hand and the already...

Spanish Abstract: En nuestro ordenamiento el arbitraje constituye un histórico y arraigado instituto heterocompositivo y potestativo de resolución de controversias coadyuvante de la jurisdicción que, sin embargo, parece estar hoy subestimado e, incluso, infravalorado en las instancias...

Spanish Abstract: Desde hace varias décadas una de las materias jurídicas más beligerantes en sede de responsabilidad civil -ya sea contractual o extracontractual- la constituye aquélla que afecta a los profesionales sanitarios, sobre todo, la relativa a los profesionales de la Medicina y la...