Corporate rights and obligations - the perspective of real entity theory
Micheler, E.
(2025).
Corporate rights and obligations - the perspective of real entity theory.
Transnational Legal Theory,
16(1-2), 22 - 42.
https://doi.org/10.1080/20414005.2025.2496574
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 |
|---|---|
| Copyright holders | © 2025 The Author(s) |
| Departments | LSE > Academic Departments > Law School |
| DOI | 10.1080/20414005.2025.2496574 |
| Date Deposited | 24 Apr 2025 |
| Acceptance Date | 23 Feb 2025 |
| URI | https://researchonline.lse.ac.uk/id/eprint/127987 |
Explore Further
- https://www.scopus.com/pages/publications/105015834265 (Scopus publication)
ORCID: https://orcid.org/0000-0002-7922-2436
