Corporate rights and obligations—the perspective of real entity theory

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.

Authors

Publication Details

Journal
Transnational Legal Theory
Published
2025-04-03
DOI
https://doi.org/10.1080/20414005.2025.2496574
Citations
1
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
2.23
Controls
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article

Corporate rights and obligations—the perspective of real entity theory

Eva Micheler
1 citations
Transnational Legal Theory
Corporate Governance and Law
2.23
article

Corporate rights and obligations—the perspective of real entity theory

Eva Micheler
article en
1 citations

Abstract

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.

Transnational Legal TheoryVol. 16(1-2)
Openalex Percentile: Top 12%
Corporate Governance and Law
2.23
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Corporate rights and obligations—the perspective of real entity theory — Eva Micheler · Transnational Legal Theory (2025) | TGRS Research Map | TGRS