Corporate rights and obligations - the perspective of real entity theory

Micheler, Eva ORCID: 0000-0002-7922-2436 (2025) Corporate rights and obligations - the perspective of real entity theory. Transnational Legal Theory. ISSN 2041-4005

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Abstract

This paper examines the theoretical basis for corporate legal rights and duties from a corporate law perspective. Three theoretical approaches are discussed: concession theory, nexus of contracts and agency theory and real entity theory. The paper argues that real entity theory offers the most suitable framework for analysing corporate legal rights and duties. It acknowledges organisations as separate from their participants, justifying the provision of independent rights and obligations through the corporate form.

Item Type:	Article
Additional Information:	© 2025 The Author(s)
Divisions:	Law School
Subjects:	K Law
Date Deposited:	24 Apr 2025 14:18
Last Modified:	01 Jun 2025 04:22
URI:	http://eprints.lse.ac.uk/id/eprint/127987

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