Legal Research on Enterprise Group

Author: Wu Yue
Publisher:
Publish Date: 2004-08-01
Features: The formation of corporate groups is an inevitable result of the evolution of enterprises from a single form to a joint form, driven by the objective requirements of large-scale social production. Globally, corporate groups are an undeniable reality. Within corporate groups, unified management authority is established, and through this authority, the allocation of resources among enterprises can be more effectively achieved, thereby improving production and operational efficiency and promoting technological updates. For this very reason, economists have long been studying the phenomenon of corporate groups. Group economics has become a branch of economics. Currently, regulations on affiliated enterprises and corporate groups in various countries are primarily reflected in tax laws, accounting laws, and securities trading laws. Meanwhile, the regulation of corporate groups and affiliated enterprises by company law constitutes the core content of corporate group legal systems, as it involves issues of limited liability between independent enterprises and the transfer of management authority. Traditional company law is based on the principle of limited liability and the principle of the interests of a single company. However, the interrelationships between enterprises, particularly the emergence of corporate groups, have brought new research topics to the aforementioned principles. This book selects corporate law issues of corporate groups as its research subject, which undoubtedly holds significant theoretical and practical implications. In terms of the book's structure, the author employs a comparative law approach, first examining the legislative and judicial practices of Germany's Konzerne law. This section studies the theoretical foundations of Konzerne, their different legal forms, their organization and governance, the protection of creditors and minority shareholders, and the lifting of the corporate veil. It provides readers with a new perspective by combining institutional rules and case law with academic theories.