Hybrid Legal Forms at the Gates: The Transition from Combined Legal Forms to Hybrid Corporations and its Consequences for Creditor Protection

Schaper Martin

European Company and Financial Law Review, 2013, vol. 10, issue 1, 75-112

Abstract: This article illustrates that market participants not only choose legal forms but modify and especially combine legal forms which has strong implications as to the functioning of regulatory competition. By examining admissibility and proliferation of combinations of legal forms in the USA, England, Germany, Italy and Switzerland it will be shown that law makers react to customisations by amending their portfolio of legal forms with new hybrid legal forms. Hence, the evolutionary force of regulatory competition pierces the classic dichotomy of partnership and company law and opens new market segments. Finally, an analysis is made of how creditor protection can be assured in transnational combinations of legal forms.

Date: 2013
References: Add references at CitEc
Citations:

Downloads: (external link)
https://doi.org/10.1515/ecfr-2013-0075 (text/html)
For access to full text, subscription to the journal or payment for the individual article is required.

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:bpj:eucflr:v:10:y:2013:i:1:p:75-112:n:4

Ordering information: This journal article can be ordered from
https://www.degruyter.com/journal/key/ecfr/html

DOI: 10.1515/ecfr-2013-0075

Access Statistics for this article

European Company and Financial Law Review is currently edited by Heribert Hirte

More articles in European Company and Financial Law Review from De Gruyter
Bibliographic data for series maintained by Peter Golla ().