The international jurisdiction for corporate actions according to Regulations 1215/2012 and 2015/848

Postgraduate Thesis uoadl:2754619 383 Read counter

Unit:
Κατεύθυνση Πολιτική Δικονομία
Library of the School of Law
Deposit date:
2018-05-11
Year:
2018
Author:
Kannavou Krystallia
Supervisors info:
Ιωάννης Στ. Δεληκωστόπουλος Επίκουρος Καθηγητής Νομικής Σχολής Πανεπιστημίου Αθηνών
Original Title:
Η διεθνής δικαιοδοσία για την εκδίκαση εταιρικών διαφορών κατά τους Κανονισμούς 1215/2012 και 2015/848
Languages:
Greek
Translated title:
The international jurisdiction for corporate actions according to Regulations 1215/2012 and 2015/848
Summary:
Legal entities constitute today the most basic tool for the development of the commercial and financial activities. The complexity of the markets today has weakened the individual business activity and has benefited the development of complex corporate entities, which respond better to modern financial needs. At the same time the fact that the legal entities constitute a legal mechanism creates the need for precise regulation of their nature and activity. Every national jurisdiction covers this necessity with statutory provisions, which are based on the historical, social and legal context which prevails at any specific time. This has as result that between different jurisdictions there are identified great differences regarding the provisions which regulate the type, form and ultimately the very activity of the legal entities.
This admission does not constitute a problem if every legal entity is examined separately and isolated from the others. Nevertheless, this aspect in the modern financial reality is deficient since no jurisdiction is nowadays completely autonomous and independent from the others as the needs of the global economy impose a constant dialogue between the national markets, which automatically is translated into a consistent interaction between the legal jurisdictions of the states.
This interaction between the national jurisdictions becomes even more intense in the context of EU, which constitutes an supra-national legal jurisdiction with main purpose the creation of one common financial market with basic characteristics the free and without obstacles in the movement of goods, employees and establishment legal entities. As it is easily understood in a legal fiction as that, the differences between national jurisdictions of the member states are a real problem and obstacle so as to achieve the purpose of a united European market. The different legal preferences between the member states impose hindrances in the free interaction between the national jurisdictions and make harder to achieve the basic goal of EU.
Ο ενωσιακός νομοθέτης γνωρίζοντας τη προβληματική αυτή έχει προβλέψει με διάφορους Κανονισμούς και Οδηγίες ειδικές διατάξεις για τη δράση των νομικών προσώπων στον ενωσιακό χώρο, ενώ η νομολογία του Δικαστηρίου του Λουξεμβούργου ερμηνεύει τις επιμέρους διατάξεις πάντα με γνώμονα την επιδίωξη της απαιτούμενης ομοιομορφίας στο πλαίσιο της Ένωσης.
Due to this issue, the European legislator through different Regulations and Directives has introduced special provisions for the activity of the legal entities in the EU while the case law the ECJ interprets these provisions always in the light of the pursue of the demanded uniformity in the context of EU.
Purpose of this thesis is the examination of the European procedural provisions referring to legal entities so as to achieve an overall view of the corporate actions in the EU. More precisely, the basic content of this specific thesis is to investigate the ways that the international jurisdiction is established according to Regulation 1215/2012, which concerns in general civil and commercial differences and Regulation 2015/848 for cross-border insolvency procedures in EU, while it will be attempted to compare the two legal Regulations regarding the choices of the European legislator about the criteria used to establish civil jurisdiction in each member state. At the same time purpose of the essay is also to look at the interaction between these two Regulations in cases where they are both applicable.
Main subject category:
Law and Legislation
Other subject categories:
Civil Procedure
Keywords:
corporate actions, Regulation 1215/2012, Regulation 2015/848, European Law, Civil Procedure Law
Index:
Yes
Number of index pages:
6
Contains images:
No
Number of references:
180
Number of pages:
125
File:
File access is restricted only to the intranet of UoA.

Η διεθνής δικαιοδοσία για την εκδίκαση εταιρικών διαφορών.pdf
1 MB
File access is restricted only to the intranet of UoA.