Corporate rights and obligations—the perspective of real entity theory
Year: 2025
Type: article
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.
Source: Transnational Legal Theory
Author: Eva Micheler
Institution: London School of Economics and Political Science
Language: English
Topic: Corporate Governance and Law
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: hybrid
OpenAlex ID: W4410325134