Cooperation and Corporation: the Development of a »General Corporate Law«

Emanuel V. Towfigh and Jan Zepf present reflections on a »general corporate law« in the current issue of JZ (issue 21/2023): Private and public corporate law are based on common basic principles that become visible when one looks at the interests of the actors. An intradisciplinary legal comparison can uncover innovation reserves: What legal solution strategies for which conflicts of interest does the law of corporations hold, for example, and what can parliamentary law learn from this?

Emanuel V. Towfigh, Jan Zepf: Cooperation and Corporation. The development of a »general corporate law« as an interest-oriented matrix of an intradisciplinary organizational law, in: JuristenZeitung (JZ) 78 (2023), issue 21, pp. 937-946.

The entire essay is available online here (€).

Abstract | The relevant legal regimes for corporations under private and public law have – despite common roots – developed largely independently of each other, which is a consequence of the functional differentiation of the legal system. The trichotomous organization of the discipline obscures the structural similarities of the legal problems to be solved in the sub-legal systems. With the help of an intradisciplinary legal comparison, which is oriented towards a conflict and coordination topology based on behavioral economics, the matrix for the dogmatics of a common »general corporate law« in the sense of the unity of a principle-based legal system is to be designed.