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School of Law, Politics and Sociology

Int & Comp Company Law (819M3)

International and Comparative Company Law

Module 819M3

Module details for 2022/23.

30 credits

FHEQ Level 7 (Masters)

Module Outline

Introduction and Theory: the company as an instrument of entrepreneurship, domestic and foreign models of corporate entities, business as a social and economic tool, the market and profit incentive, regulation and laws as an economic function and the conflict of legal and economic rules.

Company Law Concepts: the concept of the corporate contract, legal personality, the corporate veil, judicial avoidance of the doctrine, forms of business organisation, company as entity, group enterprise, distinction between corporate forms, the legislative framework, birth, life and death of the company.

Corporate Liability: general liability in tort and contract and trust relationships, general regulatory approach, the arguments for self-regulation and interventionism, the influence of criminal and civil liability concepts, ultra vires and agency doctrines, individual and corporate capacity, corporate crime.

Corporate Responsibility and Governance: companies as democracies, representation and power, the exercise of control, the management of conflict, internal and external control, stakeholder theory, directors duties and liabilities, administration and supervision, employee consultation and participation, dispute resolution, corporate social responsibility and philanthropy.

European & International Company Law: the EU framework for co-operation in corporate affairs, fundamental freedoms for companies, harmonisation of European law, jurisdictional issues and approaches in the common law and civil law systems, competition among jurisdictions and the Delaware effect, international co-operation issues, multinationals.

Module learning outcomes

Understand the framework, key principles and concepts of domestic, international and comparative company law

Explain in depth legal issues relating to specific topics of particular contemporary significance (cross-border migration of companies, the Europeanisation of company law etc).

Demonstrate a critical understanding of what it means to use the form of a company at domestic, European and international levels and the mechanisms the law provides for the protection of interests and rights in company law

Locate and make appropriate use of relevant primary and secondary materials in researching written and oral work

Show fluency in subject specific legal terminology

TypeTimingWeighting
Essay (5000 words)Semester 2 Assessment Week 2 Wed 16:00100.00%
Timing

Submission deadlines may vary for different types of assignment/groups of students.

Weighting

Coursework components (if listed) total 100% of the overall coursework weighting value.

TermMethodDurationWeek pattern
Spring SemesterSeminar2 hours11111111110

How to read the week pattern

The numbers indicate the weeks of the term and how many events take place each week.

Dr John Ho

Assess convenor, Convenor
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