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Introduction to Company Law

Introduction to Company Law (2nd edn)

Paul Davies
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date: 25 October 2021

2. Corporate Personalitylocked

2. Corporate Personalitylocked

  • Paul DaviesPaul DaviesAllen & Overy Professor of Corporate Law, University of Oxford

Abstract

Celebrated for their conceptual clarity, titles in the Clarendon Law Series offer concise, accessible overviews of major fields of law and legal thought. Contemporary debate in company law focuses on the problems generated by the acceptance of separate legal personality for the company, rather than upon the question of whether it should, in principle, be made available. This chapter examines two such issues. The first is what exceptions, if any, should be made to the rule of separate legal personality. The second is how a company, which is an artificial person, can be said to act or to know anything. Topics discussed include the exceptions to separate legal personality; how a company acts and knows; rules of attribution; tortious liability; and criminal liability.

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