NAVIGATING CORPORATE COMPLEXITIES THE DIVERGENCE OF COMPANY LAW FROM GENERAL LEGAL PRINCIPLES

This paper explores the distinct nature of Company Law, which diverges from general legal principles through the implementation of specialized rules that supersede broader statutory frameworks. The focus is on how these unique provisions, tailored to address corporate complexities such as governance structures, shareholder rights, and board accountability, create a distinct legal environment for corporate entities. The analysis is centered around the Companies Act, 2013 (India), particularly sections 166 (Duties of Directors) and 179 (Powers of the Board), which exemplify how company law overrides general legal principles in favor of detailed, corporation-specific regulations. The landmark case Salomon v. A. Salomon & Co. Ltd.[1] Is used to demonstrate the principle of separate legal personality, illustrating a key divergence from traditional legal doctrines, particularly in matters of liability and corporate autonomy.

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Publication Details

Journal
LawFoyer International Journal of Doctrinal Legal Research.
Published
2024-11-01
DOI
https://doi.org/10.70183/lijdlr.2024.v02.58
Primary Topic
Corporate Insolvency and Governance
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article
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article

NAVIGATING CORPORATE COMPLEXITIES THE DIVERGENCE OF COMPANY LAW FROM GENERAL LEGAL PRINCIPLES

Sania S. Bafna
1 links
LawFoyer International Journal of Doctrinal Legal Research.
Corporate Insolvency and Governance
article

NAVIGATING CORPORATE COMPLEXITIES THE DIVERGENCE OF COMPANY LAW FROM GENERAL LEGAL PRINCIPLES

Sania S. Bafna
article en

Abstract

This paper explores the distinct nature of Company Law, which diverges from general legal principles through the implementation of specialized rules that supersede broader statutory frameworks. The focus is on how these unique provisions, tailored to address corporate complexities such as governance structures, shareholder rights, and board accountability, create a distinct legal environment for corporate entities. The analysis is centered around the Companies Act, 2013 (India), particularly sections 166 (Duties of Directors) and 179 (Powers of the Board), which exemplify how company law overrides general legal principles in favor of detailed, corporation-specific regulations. The landmark case Salomon v. A. Salomon & Co. Ltd.[1] Is used to demonstrate the principle of separate legal personality, illustrating a key divergence from traditional legal doctrines, particularly in matters of liability and corporate autonomy.

LawFoyer International Journal of Doctrinal Legal Research.Vol. 2(4)
PPG Industries (United States) (US)
Peace, Justice and strong institutions
Openalex Percentile: Top 54%
Corporate Insolvency and Governance
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NAVIGATING CORPORATE COMPLEXITIES THE DIVERGENCE OF COMPANY LAW FROM GENERAL LEGAL PRINCIPLES — Sania S. Bafna · LawFoyer International Journal of Doctrinal Legal Research. (2024) | TGRS Research Map | TGRS