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.
Authors
- Sania S. Bafna
Institutions
- PPG Industries (United States) (US)
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
- Type
- article
- Field-Weighted Citation Impact
- 0.00