The liability of groups of companies in Islamic law :
نام عام مواد
[Thesis]
نام نخستين پديدآور
El-Saadouni, Raed
عنوان اصلي به قلم نويسنده ديگر
a comparative study with common law
نام ساير پديدآوران
Davidson, Fraser
وضعیت نشر و پخش و غیره
نام ناشر، پخش کننده و غيره
University of Stirling
تاریخ نشرو بخش و غیره
2013
یادداشتهای مربوط به پایان نامه ها
جزئيات پايان نامه و نوع درجه آن
Thesis (Ph.D.)
امتياز متن
2013
یادداشتهای مربوط به خلاصه یا چکیده
متن يادداشت
Groups of companies offer considerable economic and practical advantages over other forms of business organizations. However, the phenomenon creates a long list of problems in terms of antitrust law, tax law, labour law, corporate law, and in the case of international companies, conflict of laws. National laws do not provide a complete solution to these problems because groups of companies are still governed by traditional corporate law, which is designed to govern single independent companies. On the other hand, harmonization of the law of corporate groups across Common legal systems is neither feasible not advisable. The most important problem which has not yet been completely solved by Common law systems is the liability of groups of companies for the debts of their subsidiaries. This has been described as "one of the great unsolved problems of modern company law". The present study aims to analyse the solutions provided by Common law systems to this problem and evaluate if they provide a solid settlement or whether further safeguards are needed for those dealing with corporate groups, namely minority shareholders and outsiders including creditors. By using a comparative approach with the Islamic law system, the study evaluates if the Common law solutions are also applicable in such a religious system or whether, due to its unique character Islamic law needs to create its own solution. This comparative approach assesses the possibilities of harmonization between Common law and Islamic law systems and promotes the Islamisation of modern laws in Islamic countries.
موضوع (اسم عام یاعبارت اسمی عام)
موضوع مستند نشده
Group of Companies, Islamic law, Corporate law, Limited Liability, Separate Personality, Parent companies, Subsidaries, Piercing the corporate veil, lifting the corporate veil, Islamic law of business organisation, Islamic Commercial law, Islamic partnership, Sources and Orign of Islamic law; Islamic law; Commercial law
نام شخص به منزله سر شناسه - (مسئولیت معنوی درجه اول )