Edited by Alessio M. Pacces
Comment – Comparing Company Law in Europe and the United States: Some Remarks Inspired by Carney et al.’s Presentation
1 Maarten J. Kroeze 1. INTRODUCTION I am greatly honoured to discuss Carney’s speech. His contribution to the expanding body of literature on Delaware corporate law is original and thought provoking. It is also highly relevant for Europe and for the Netherlands. In my reaction to his speech, I will explain why the topic of his contribution is relevant for Europe and the Netherlands. I will conclude with some comments on the subject of Carney’s speech. I have to admit that this was not an easy task because the results of his research are convincing. Hopefully, my comments can add something to the discussion today. I would like to mention beforehand that, for the sake of discussion, I will speak without reservations on topics of Delaware law. Please note that I do not pretend to be an expert in the field of Delaware law. 2. FREEDOM OF ESTABLISHMENT: COMPARISON UNITED STATES – EUROPE First of all I would like to make some remarks about Europe and some comparative remarks about Europe and the United States.2 1 The presentation by William J. Carney was based on his chapter with George B. Shepherd and Joanna M. Shepherd, ‘Delaware Corporate Law: Failing Law, Failing Markets’, published in this volume, p. 23. 2 Some of these remarks were published earlier in: M.J. Kroeze, H.M. Vlettervan Dort, History and Future of Uniform Company Law in Europe, European Company Law 2008, 114–22. 68 Comment – Comparing company law in Europe and the US 69 2.1 The Start...
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