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Article: Corporate Law, Private Law and Instrumentalism
Title | Corporate Law, Private Law and Instrumentalism |
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Authors | |
Keywords | Corporate law Private law Instrumentalism Rights |
Issue Date | 2015 |
Publisher | Informa UK Limited. The Journal's web site is located at http://www.maritimelawportal.com/lmclq |
Citation | Lloyd's Maritime and Commercial Law Quarterly, 2015, p. 541-574 How to Cite? |
Abstract | This article seeks to enrich our understanding of corporate law and private law. Deploying insights from the rights-based analysis in private law, this article argues that corporate law, in its instrumentalist conception, is unable to properly account for a defining feature of private law disputes, its bipolar structure consisting of the correlative and personality elements. Through a critical examination of certain corporate law cases, this article shows that the rejection of instrumentalist considerations by the rights-based thesis is unwarranted; it demonstrates how judges in private law disputes can accommodate instrumentalist considerations in a structured, coherent and restrained fashion. |
Persistent Identifier | http://hdl.handle.net/10722/223182 |
ISSN | |
SSRN |
DC Field | Value | Language |
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dc.contributor.author | Lim, EWK | - |
dc.date.accessioned | 2016-02-23T01:30:30Z | - |
dc.date.available | 2016-02-23T01:30:30Z | - |
dc.date.issued | 2015 | - |
dc.identifier.citation | Lloyd's Maritime and Commercial Law Quarterly, 2015, p. 541-574 | - |
dc.identifier.issn | 0306-2945 | - |
dc.identifier.uri | http://hdl.handle.net/10722/223182 | - |
dc.description.abstract | This article seeks to enrich our understanding of corporate law and private law. Deploying insights from the rights-based analysis in private law, this article argues that corporate law, in its instrumentalist conception, is unable to properly account for a defining feature of private law disputes, its bipolar structure consisting of the correlative and personality elements. Through a critical examination of certain corporate law cases, this article shows that the rejection of instrumentalist considerations by the rights-based thesis is unwarranted; it demonstrates how judges in private law disputes can accommodate instrumentalist considerations in a structured, coherent and restrained fashion. | - |
dc.language | eng | - |
dc.publisher | Informa UK Limited. The Journal's web site is located at http://www.maritimelawportal.com/lmclq | - |
dc.relation.ispartof | Lloyd's Maritime and Commercial Law Quarterly | - |
dc.subject | Corporate law | - |
dc.subject | Private law | - |
dc.subject | Instrumentalism | - |
dc.subject | Rights | - |
dc.title | Corporate Law, Private Law and Instrumentalism | - |
dc.type | Article | - |
dc.identifier.email | Lim, EWK: elimwk@hku.hk | - |
dc.identifier.authority | Lim, EWK=rp01531 | - |
dc.identifier.hkuros | 267767 | - |
dc.identifier.spage | 541 | - |
dc.identifier.epage | 574 | - |
dc.publisher.place | United Kingdom | - |
dc.identifier.ssrn | 2711815 | - |
dc.identifier.hkulrp | 2015/052 | - |
dc.identifier.issnl | 0306-2945 | - |