International Aspects of Corporate Law and Insolvency
Credits
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15
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Module Convenor
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Dr Irit Mevorach
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Term Offered
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Spring
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Assessment
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Essay
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The first part of this module concentrates on the fundamental concepts of company law and the application of these concepts within global forms of incorporation. Questions examined will include:
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Whether traditional rules of company law operate properly in the multinational enterprise context.
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Whether entity theory or enterprise law should win through
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How and when to ‘lift the veil’ of incorporation.
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Is there really an international corporation?
The second part focuses on the event of insolvency of the corporation that had presence in more than one country. We will examine global models aimed to deal with issues pertaining to international insolvency. Questions examined will include:
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Where the insolvency proceedings against the multinational enterprise should take place
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How issues of jurisdiction may affect rights of the corporate stakeholders
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What is the law that should apply to the insolvency process?
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How the multinational corporate group in insolvency should be dealt with.