Company Law and the Law of Succession

This book is one of the first to link company law to the law of succession by concentrating on family businesses. It shows that, to understand the legal framework underlying the daily operations of family businesses, one needs legal analysis, empirical data, psychological and sociological knowledge. The book works on the premise that, since many businesses have been founded by families, practitioners need to develop an understanding of the legal background of such businesses and build up experience to be able to create contracts, trusts, foundations and other legal mechanisms to give shape to systems and procedures for the transfer of shares and control within the family. Comparing the national legal order, techniques, and mechanisms in a range of countries, the book examines parallel developments in these fields of law across the world. Finally, it demonstrates the room for companies, shareholders and the members of a family to develop individual solutions within the legal framework for transferring businesses and shares to the next generation.

Uniquely, compares work on the interface of company law and the law of successionIdentifies the role of foundations and trusts as substitutes for wills Focuses on family businesses within the law of succession Works out the main developments in European countries enriched by the experience of other countries and legal cultures

Contenu

Part I General Report.- The interaction between Company Law and the Law of Succession a comparative perspective; Susanne Kalss.- Part II National Reports.- The influence of the Law of Succession and Company Law on Business Succession the Austrian way; Christopher Cach.- Company Law and the Law of Succession in Brazil; Gustavo Vieira da Costa Cerqueira.- Business Succession in Cyprus; Venetia Argyropoulou and Andreas Chr. Christoforou and Eleni-Tatiani Synodinou.- The interaction between Company Law and the Law of Succession in England; Jane Ball.- Company Succession in Scandinavia using the example of the Finnish legal system; Eira Kuisma.- Company Law and the Law of Succession in Germany; Anne Sanders.- Business Succession in Greece; Nikolaos Vervessos and Triantafyllos Stavrakidis.- Company Succession in the Latin Law Tradition using the example of the Italian legal system; Andrea Fusaro.- Legal Aspects about the interaction between Company Law and the Law of Succession in Japan; Tomoyo Matsui.- Business Succession in Malaysia; Chan Wei Meng and Usharani Balasingam.- Company Succession in the Netherlands; Wouter Burgerhart and Leon Verstappen.- The Law of Succession and the Company Law in Poland at the beginning of the 21st century; Stanisaw Sotysiski.- The Law of Succession and Company Law in Great Britain: The Scottish model an exception?; Remus Valsan.- Business Succession in Taiwan; Ying-hsin Tsai.- About the editor and the authors.