This book is a comparative law study exploring the piercing of the corporate veil in Latin America within the context of the Anglo-American method.
The piercing of the corporate veil is a remedy applied, in exceptional circumstances, to prevent and punish an inappropriate use of the corporate personality. The application of this remedy and the issues it involves has been widely researched in Anglo-American jurisdictions and, until recently, little attention has been given to this subject in Latin America. This region has been through internal political conflicts that undermined economic development. However, rise of democratic governments has created the political stability necessary for investment and economic development meaning that the corporate personality is now more commonly used in Latin America. Consequently, corporate personality issues have become a subject of study in this region.
Drawing on case studies from Mexico, Colombia, Brazil and Argentina, Piercing the Corporate Veil in Latin American Jurisprudence examines the ingenuity of Latin American jurisdictions to deal with corporate personality issues and compares this method with the Anglo-American framework. Focusing in particular on the influence of two key factors- legal tradition and the uniqueness of each legal system- the author highlights both similarities and differences in the way in which the piercing of the corporate veil is applied in Latin American and Anglo-American jurisdictions.
This book will be of great interest to scholars of company and comparative law, and business studies in general.
1. General Aspects regarding the Piercing of the Corporate Veil 2. Piercing the Corporate Veil in an Anglo-American Context 3. Corporate Veil in Latin America; general aspects about Franco-Hispanic civil law that has influenced the development of piercing the corporate veil in Latin America 4. The Piercing of the Corporate Veil in Mexico 5. The Piercing of the Corporate Veil in Colombia 6. The Piercing of the Corporate Veil in Brazil 7. The Piercing of the Corporate Veil in Argentina 8. Comparative Study between the Anglo-American and Latin American Piercing of the Corporate Veil
The credit crunch of 2007 and the ensuing financial crises have led to a renewed interest in the place of corporations in the modern world and the role of law and regulation in governing their behaviour. This series looks to survey the current developments within the field of corporate law as well as mapping out future opportunities for change. The series offers a comparative approach to the subject, looking not just at North America and Europe but also at the state of affairs elsewhere in the world. Written by influential scholars, the books offer thought-provoking and often critical analyses of corporate law. The functions and legal obligations and rights of multiple stakeholders including directors, investors, governments and regulators are examined from both empirical and theoretical standpoints. Whilst being grounded in law the series also draws upon research from the disciplines of economics, management studies, sociology and politics in order to explore the implications of corporate law in their wider social and economic context.