Whether in common law jurisdictions or in German civil law, the issue of pre-incorporation transactions has always been the subject of considerable controversy. Concerned with the promoters, third parties, the company and its shareholders, the law has found it difficult to balance these frequently conflicting interests without neglecting the need for clear and simple rules. Common law courts, sometimes excessively committed to legal principles, have even come up with absurd results. / This survey looks at the various attempts made in order to reconcile legal principles and business requirements--legislative in most common law jurisdictions, juridical in Germany. It will critically examine the approaches taken in Anglo-Saxon jurisdictions and compare their results and reasoning with the solution found in German law. It will be seen that even among closely related legal systems, results differ considerably. The survey will illustrate how established rules of law have turned out to be largely incapable of meeting the challenge of pre-incorporation transactions. From a comparative point of view, some suggestions will be made in order to achieve a solution that is more satisfactory in result and reasoning.
| Identifer | oai:union.ndltd.org:LACETR/oai:collectionscanada.gc.ca:QMM.59396 |
| Date | January 1989 |
| Creators | Heinemann, Klaus |
| Publisher | McGill University |
| Source Sets | Library and Archives Canada ETDs Repository / Centre d'archives des thèses électroniques de Bibliothèque et Archives Canada |
| Language | English |
| Detected Language | English |
| Type | Electronic Thesis or Dissertation |
| Format | application/pdf |
| Coverage | Master of Laws (Institute of Comparative Law.) |
| Rights | All items in eScholarship@McGill are protected by copyright with all rights reserved unless otherwise indicated. |
| Relation | alephsysno: 001068965, proquestno: AAIMM63563, Theses scanned by UMI/ProQuest. |
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