In this chapter, an analysis of the ultra vires doctrine in common law is provided. We address from ancient until modern adjudications and legislation, taking into account that the roots of such a doctrine may be found both in the United States and latterly in the United Kingdom case law....
The doctrine of ultra vires is one of the English common law principles received in Nigeria as part of its company law. The doctrine was developed by the nineteenth century courts on grounds of both shareholder and creditor protection. Unfortunately, this doctrine became 'a double edged sword' ...
Does the ultra vires doctrine prevent courts from replacing Wednesbury review with proportionality? Sir Philip Sales has an interesting piece in the latest edition of the Law Quarterly Review. In “Rationality, Proportionality and the Development of the Law” (2013) 129 LQR 223, Sales responds to...
About Browse Submissions Patrons Energy Law Issues Morrow Essay Contest Search Login Home / Archives / Vol 6, No 2 / Case Comments and Notes Companies - Ultra vires Doctrine - History and Current Status - Legislative Change. H. & H. Logging Co. Ltd. and Attorney General of British Colum...
The doctrine of ultra vires once seemed a logical and indeed inevitable deduction from the nature of a company. Today it is widely felt that the doctrine is productive only of injustice. The Cohen Committee recommended its abolition and no doubt the Jenkins Committee will considerwhether to make...
The article focuses on the rise and fall of the Ultra Vires Doctrine in the U.S., Great Britain and Commonwealth Caribbean Corporate Common Law. The formation of companies under English, U.S., and Commonwealth Caribbean company law is discussed. Historically, legal parameters within which ...
In this chapter and the next one, there is a presentation of the ultra vires doctrine in the main civil law jurisdictions, both Europe (France, Germany, Italy and, Spain) and Latin America (Argentina, Brasil, Colombia, México, and Perú). This is a key research point of this monograph ...
ultra vires doctrineinternational lawcommon law jurisdictionsIn free market economies, corporate laws change over time. Modernization of corporate law is also crucial to commercial growth and to free market economies. Thdoi:10.1016/j.ifacol.2015.12.097Leacock, Stephen J...
corporate lawcorporate governancecorporate crimeultra vireshuman rightsThis paper argues that a remaining vestige of the ultra vires doctrine sets off illegal activities as "beyond the power" of corporations. Though larSocial Science Electronic Publishing...
ultra viresBefore the Czech Republic joined the European Union in 2004, its constitution has been amended with objective to guarantee constitutional conformity of the EU accession. The Czech legal system has been opened to external legal provisions and a constitutional mechanism has been established ...