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Lirias
Article . 2011
Data sources: Lirias
European Company and Financial Law Review
Article . 2011 . Peer-reviewed
Data sources: Crossref
MPG.PuRe
Article . 2011
Data sources: MPG.PuRe
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Europe's Ius Commune on Director Revocability

Authors: Cools, Sofie;

Europe's Ius Commune on Director Revocability

Abstract

This article argues that a mandatory rule of at will revocability of company directors is typical of European civil law. The article shows that the rule is widely spread on the European continent, but not as a result of harmonization efforts of the European Union. Instead, the rule has its historical foundations in the early development of French law. It first appeared as a general rule in Napoleon's codification of commercial law and subsequently extended to the other major jurisdictions in the French and German civil law family. Despite some tempering of the rule, especially in the German legal tradition, it still plays an important role in European civil law jurisdictions. In traditional common law, in contrast, the rule is extraneous. It did not appear in old common law, was merely a default rule when first introduced in the United Kingdom, and is still not mandatory in the United States. These novel findings shed important light on some other differences in company law, and possibly also in prevailing stock ownership structures, between civil law and common law jurisdictions, and thus lay a promising basis for further research.

Country
Belgium
Related Organizations
Keywords

1801 Law, 4803 International and comparative law, CORPORATE, FIRMS, Social Sciences, Director removal, 4801 Commercial law, 4806 Private law and civil obligations, Company Law, PROXY CONTESTS, Government & Law, Law

  • BIP!
    Impact byBIP!
    selected citations
    These citations are derived from selected sources.
    This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    3
    popularity
    This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
    Average
    influence
    This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
    Average
    impulse
    This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
    Average
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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
3
Average
Average
Average
Green
bronze