Kollektivismus und Individualismus im Aktienrecht

Alexander Sajnovits offers a comprehensive comparative analysis of German and U.S. corporate law by focusing on key structural questions: the rigidity of corporate charters versus contractual flexibility, the independence and purpose of the corporation, the scope of directors' duties and accountability, and the position of shareholders. Rather than treating these issues in isolation, the work uncovers the paradigms-or "styles of thought"-that shape corporate law discourse in the two jurisdictions. German corporate law is grounded in collectivist traditions, while U.S. law is shaped by individualist approaches. These paradigms, deeply embedded in intellectual and legal history, have produced distinctive doctrinal frameworks and practical outcomes in corporate governance and internal organization. The author also addresses recent trends with the potential to challenge established paradigms and trigger convergence between the two legal systems. By situating corporate law within its broader intellectual context, the book reveals both the depth of transatlantic differences and the possibilities of rapprochement, providing valuable insights for scholars and practitioners alike.