Corporate Law Essay

15602 Words Nov 23rd, 2014 63 Pages
Corporate Law

Course Overview

* Introduction to and sources of Company Law (2) * Types of companies – General characteristics (7) * Formation of a company (13) * Capital (19) * Financing of company * Corporate Bodies * General meeting * Control * Annual Corporate Compliance * Director’s liabilities * Restructuring of companies * Liquidation of companies * Continuity * Draft questions exam

Introduction to and sources of company law
Sources
When I start up a business in Belgium, whether I’m Belgian or my foreign company locates a subsidiary here, which legislative rules
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Jurisprudence
Jurisprudence is the study of the nature of law, of legal reasoning, legal systems and of legal institutions. There are four primary schools of thought in general jurisprudence: * Natural law is the idea that the foundations of law are accessible through human reason and it is from these laws of nature that human-created laws gain whatever force they have. * Legal positivism holds that there is no necessary connection between law and morality and that the force of law comes from some basic social facts. * Legal realism argues that the real world practice of law is what determines what law is. * Critical legal studies is primarily a negative thesis that holds that the law is largely contradictory, and can be best analyzed as an expression of the policy goals of the dominant social group.

Doctrine
A doctrine arises when a judge uses a self-outlined process to rule a case, and allows for it to be used in similar situations. When enough judges make use of the process, it becomes the de facto method of handling similar cases in the future.
The European Company Law
Belgian companies are further also submitted to one more legislation: the European Company Law. In an attempt to simplify and harmonize corporate law in the European Union, the European Commission has set (and will set in the years to come) with the help of the European Council and Parliament, directives on company law. These directives have been set with the intension to

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