Jurisdictional Barriers to Enforcement

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

The substantive weaknesses discussed in other chapters of this book point to a lack of clarity concerning the nature and extent of shareholders’ duties, and ambiguous legal provision for the domestic enforcement of such obligations as do exist. The weaknesses in national substantive laws are exacerbated by the present state of transnational harmonisation. There is a lack of focused attention on specific problems arising from the corporate form, particularly insofar as the negative externalities of limited liability and separate legal personality are concerned. Coupled with intrinsic risks and costs of transnational litigation, this renders cross-border enforcement a costly and uncertain route for the attainment of justice. Essentially, the law fails to address the full spectrum of relationships arising from the corporate form in a coherent fashion, or to view significant market failures as much more than an ‘unfortunate wrinkle in the economic perfection of the law’.
Original languageEnglish
Title of host publicationEnforcing Shareholders' Duties
EditorsHanne S. Birkmose, Konstantinos Sergakis
Place of PublicationCheltenham
PublisherEdward Elgar Publishing Ltd.
Chapter13
Pages259-280
Number of pages22
ISBN (Electronic)9781788114875
ISBN (Print)9781788114868
DOIs
Publication statusPublished - 2019

Publication series

NameElgar Financial Law series
PublisherEdward Elgar Publishing

Keywords

  • EU
  • Free movement
  • Legal persons
  • Shareholders
  • Company Law
  • Enforcement
  • Private International Law
  • jurisdictional disputes

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    Borg Barthet, J. (2019). Jurisdictional Barriers to Enforcement. In H. S. Birkmose, & K. Sergakis (Eds.), Enforcing Shareholders' Duties (pp. 259-280). (Elgar Financial Law series). Edward Elgar Publishing Ltd.. https://doi.org/10.4337/9781788114875.00022