This book offers a comparative review of the ultra vires doctrine in corporate law. Divided into three main sections, it first provides a brief overview of the historical background and the scope of the ultra vires doctrine. It then analyses the essential features of the doctrine in the common law and civil law traditions across the Western world. Lastly, the book examines the objects clause, procedural aspects, and the mechanism of ratification of such ultra vires acts. The book's comparative approach and global contextualization of the subject matter will be of interest to readers from around the globe, familiarizing them with legal provisions, case law, and recent literature. Although it is primarily intended for scholars in the area of corporate law, it is also a valuable resource for professionals in the field of commercial law who deal with issues related to the capacity of firms and the powers of their directors.

Autorentext

Marco Jiménez is currently an associate professor at the School of Law at the Universidad Militar Nueva Granada (Colombia). Marco studied law at the Universidad Santo Tomás (Colombia) and holds both a specialization in commercial law and a master's in law and economics from the Universidad Javeriana (Colombia). His research areas are business law and economic criminal law, where he focused on white-collar crime. He has written two books: Estudios sobre el Fideicomiso (2007) and El Delito de Colusión en la Contratación Estatal (2019).

Zusammenfassung

This book offers a comparative review of the ultra vires doctrine in corporate law. Divided into three main sections, it first provides a brief overview of the historical background and the scope of the ultra vires doctrine. It then analyses the essential features of the doctrine in the common law and civil law traditions across the Western world. Lastly, the book examines the objects clause, procedural aspects, and the mechanism of ratification of such ultra vires acts. The book's comparative approach and global contextualization of the subject matter will be of interest to readers from around the globe, familiarizing them with legal provisions, case law, and recent literature. Although it is primarily intended for scholars in the area of corporate law, it is also a valuable resource for professionals in the field of commercial law who deal with issues related to the capacity of firms and the powers of their directors.

Inhalt
Chapter 1. Introduction.- Chapter 2. Conceptual presentation of the ultra vires doctrine.- Chapter 3. The ultra vires doctrine in common law.- Chapter 4. The ultra vires doctrine in European civil law.- Chapter 5. The ultra vires doctrine in Latin America.- Chapter 6. The objects clause and the ultra vires doctrine.- Chapter 7. Legal procedure to reject ultra vires acts.- Chapter 8. Ratification of ultra vires acts.- Chapter 9. Conclusion.