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Hybrid Legal Forms at the Gates: The Transition from Combined Legal Forms to Hybrid Corporations and its Consequences for Creditor Protection

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  • Schaper Martin

Abstract

This article illustrates that market participants not only choose legal forms but modify and especially combine legal forms which has strong implications as to the functioning of regulatory competition. By examining admissibility and proliferation of combinations of legal forms in the USA, England, Germany, Italy and Switzerland it will be shown that law makers react to customisations by amending their portfolio of legal forms with new hybrid legal forms. Hence, the evolutionary force of regulatory competition pierces the classic dichotomy of partnership and company law and opens new market segments. Finally, an analysis is made of how creditor protection can be assured in transnational combinations of legal forms.

Suggested Citation

  • Schaper Martin, 2013. "Hybrid Legal Forms at the Gates: The Transition from Combined Legal Forms to Hybrid Corporations and its Consequences for Creditor Protection," European Company and Financial Law Review, De Gruyter, vol. 10(1), pages 75-112, March.
    • Handle: RePEc:bpj:eucflr:v:10:y:2013:i:1:p:75-112:n:4
    DOI: 10.1515/ecfr-2013-0075
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