Category Archives: 2008

Unjust Factors or Restitution of Transfers Sine Causa

Duncan Sheehan*

(2008) Oxford U Comparative L Forum 1 at ouclf.law.ox.ac.uk | How to cite this article

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The Experiences of Denying Constitutional Protection to Sodomy Laws in the United States, Australia and Malaysia: You’ve Come a Long Way Baby and You Still Have a Long Way To Go!

‘the other refuses to disappear: it subsists, it persists, it is the hard bone on which reason breaks its teeth’1

Alan Berman*

(2008) Oxford U Comparative L Forum 2 at ouclf.law.ox.ac.uk | How to cite this article

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Britain’s Emerging Constitution?

Lord Mance1

(2008) Oxford U Comparative L Forum 3 at ouclf.law.ox.ac.uk | How to cite this article this article

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Lowering the Corporate Veil in Germany: a case note on BGH 16 July 2007 (Trihotel)

Charles Zhen Qu* and Björn Ahl**

(2008) Oxford U Comparative L Forum 4 at ouclf.law.ox.ac.uk | How to cite this article
In the recent Trihotel case, the German Federal Court of Justice has substantially modified its previous position on lifting the corporate veil, by which shareholders can become liable towards company creditors. The present case note argues that the tort-based new approach will not only afford company creditors with adequate protection but also direct German company law jurisprudence towards a greater regard for fundamental principles of company and insolvency law.

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