1945年后西德的公司法与公司控制

Corporate law and corporate control in West Germany after 1945

Business History · 2017
被引 2
ABS 4

中文导读

本文从商业史视角分析战后德国公司控制的法律辩论与实践,认为股票公司法对控制实践影响有限,外部政治经济因素对德国协调市场经济和资本市场控制发展更为重要。

Abstract

According to the ‘Varieties of Capitalism’ and ‘Law and Finance’ approaches, legal institutions regulating corporate finance and governance shape specific national varieties of capitalism. This article analyses legal debates and practices of corporate control in post-war Germany from the perspective of business history. It argues that the stock corporation law did not have a significant impact on control practices. The law only roughly outlined rights of the supervisory boards and defined minimum standards. There was considerable room for manoeuvre within the corporations, and various effective and some ineffective control arrangements were possible. The article indicates that not only legal institutions but external political and economic factors were important for Germany’s coordinated market economy and for the development of greater capital market control.

资本主义多样性公司治理公司法商业史