This thesis employs a methodological as well as a sequential way to uncover the essence of “freedom of establishment” in EU legislation and “freedom of formation” in US legislation. This is done in a way that includes a meaningful introduction, where the reader will obtain the essential background information and the exact aims and objectives of the project. After that, the body of the thesis, accordingly, presents an exhaustive analysis of the relevant legislation through the lenses of their social formation and conceptual essence, major precedents, and contemporary views. The juxtaposition of the two legal regimes is accomplished in an analytic section of the text. It is done by revealing commonalities, and differences and finally by highlighting their strong and weak effects. An important consequence of this structured approach is not only that it resonates with the complex subject of business regulations both on EU and US levels, but also that it provides campaigners with valuable nuts and bolts that are useful for developing their regulatory activities in the regions they are operating in. The conclusion of the thesis will reflect a deliberate position on the limitations of the study, and the study proposes directions to further research on corporate law harmonization, cross-border and business operation, and the scholarly discourse will be continued.
This thesis employs a methodological as well as a sequential way to uncover the essence of “freedom of establishment” in EU legislation and “freedom of formation” in US legislation. This is done in a way that includes a meaningful introduction, where the reader will obtain the essential background information and the exact aims and objectives of the project. After that, the body of the thesis, accordingly, presents an exhaustive analysis of the relevant legislation through the lenses of their social formation and conceptual essence, major precedents, and contemporary views. The juxtaposition of the two legal regimes is accomplished in an analytic section of the text. It is done by revealing commonalities, and differences and finally by highlighting their strong and weak effects. An important consequence of this structured approach is not only that it resonates with the complex subject of business regulations both on EU and US levels, but also that it provides campaigners with valuable nuts and bolts that are useful for developing their regulatory activities in the regions they are operating in. The conclusion of the thesis will reflect a deliberate position on the limitations of the study, and the study proposes directions to further research on corporate law harmonization, cross-border and business operation, and the scholarly discourse will be continued.
Freedom of Establishment in EU Law and "Freedom of Incorporation" in US Law: a comparison
AKBARI, TAMIMULLAH
2023/2024
Abstract
This thesis employs a methodological as well as a sequential way to uncover the essence of “freedom of establishment” in EU legislation and “freedom of formation” in US legislation. This is done in a way that includes a meaningful introduction, where the reader will obtain the essential background information and the exact aims and objectives of the project. After that, the body of the thesis, accordingly, presents an exhaustive analysis of the relevant legislation through the lenses of their social formation and conceptual essence, major precedents, and contemporary views. The juxtaposition of the two legal regimes is accomplished in an analytic section of the text. It is done by revealing commonalities, and differences and finally by highlighting their strong and weak effects. An important consequence of this structured approach is not only that it resonates with the complex subject of business regulations both on EU and US levels, but also that it provides campaigners with valuable nuts and bolts that are useful for developing their regulatory activities in the regions they are operating in. The conclusion of the thesis will reflect a deliberate position on the limitations of the study, and the study proposes directions to further research on corporate law harmonization, cross-border and business operation, and the scholarly discourse will be continued.File | Dimensione | Formato | |
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https://hdl.handle.net/20.500.12608/68335