Company Law and the Law of Succession (Ius Comparatum - Global Studies in Comparative Law Book 5)

"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"--Back cover Front Matter....Pages i-viii Front Matter....Pages 1-1 The Interaction Between Company Law and the Law of Succession – A Comparative Perspective....Pages 3-46 Front Matter....Pages 47-47 The Influence of the Law of Succession and Company Law on Business Succession – The Austrian Way....Pages 49-73 Company Law and the Law of Succession in Brazil-Droit des sociétés et le droit des successions au Brésil....Pages 75-143 Business Succession in Cyprus....Pages 145-170 The Interaction Between Company Law and the Law of Succession in England....Pages 171-195 Company Succession in Scandinavia Using the Example of the Finnish Legal System....Pages 197-212 Company Law and the Law of Succession in Germany....Pages 213-259 Business Succession in Greece....Pages 261-288 Company Succession in the Latin Law Tradition Using the Example of the Italian Legal System....Pages 289-304 Legal Aspects About the Interaction Between Companies Law and the Law of Succession in Japan....Pages 305-323 Business Succession in Malaysia....Pages 325-345 Company Succession in the Netherlands....Pages 347-369 The Law of Succession and Company Law in Poland at the Beginning of the Twenty-First Century....Pages 371-385 The Transmission of a Business Mortis Causa in Scots Law....Pages 387-401 Business Succession in Taiwan....Pages 403-411