The European Commission's Action Plan for Company Law, Modernising Company Law and Enhancing Corporate Governance in the European Union, signals a reorientation of the approach to company law at the European level, away from the protection of those who deal with companies and in favour of...

The European framework for creditor protection has undergone a remarkable transformation in recent years. While the ECJ's Centros case and its progeny have introduced free choice with respect to the State of incorporation, and hence the substantive company law regime, the European Insolvency...

In the last dozen years, economists have produced a considerable body of research suggesting that the historical origin of a country’s laws is highly correlated with a broad range of its legal rules and regulations, as well as with economic outcomes. Much of this research has dealt with rules...

This paper deals with the issue of directors’ responsibility as one of the main instruments of efficient creditor protection. In continental laws this responsibility can be established in tort law, based on fault. Also, UK law and most developed continental laws are also introducing special...

Unfortunately, unlike other European countries, Spanish corporate law does not observe a specific regime for corporate groups, containing only protection mechanisms of corporate creditors with regard to a reality that disappears when their indebted company is incorporated into a group. In this...

This article critically engages the international debate on regulatory approaches to corporate creditor protection. It analyses recent reforms to the PRC Company Law in 2014, which removed minimum capital requirements for most limited liability companies in China. Using Chinese court cases, the...