Lex Damni vs. Lex Societatis in the Application of the French Law on the Corporate Duty of Vigilance of Parent Companies on their Subsidiaries: Chronicle of a Necessary Dialogue

  • Antonia Durán Ayago University of Salamanca
DOI: https://doi.org/10.18543/ced-63-2020pp183-206
Keywords: multinational companies, human rights, civil responsibility, duty of vigilance, lex societatis, lex damni

Abstract

The French Law on the corporate duty of vigilance of parent companies on their subsidiaries has introduced important elements for discussion, also from Private International Law. This paper deals with the analysis of the interrelation between the lex societatis, as a regulator of corporate social responsibility and the lex damni, as a regulator of liability for the damage caused by the subsidiaries of these companies in third States, and their repercussion to obtain a true reparation of the damage caused to the victims, an issue that has not yet been sufficiently paved, but that in what contributed by the French Law finds an interesting precedent from which it will be necessary to continue learning.

Received: 06 April2020
Accepted: 28 April 2020
Published online: 30 September 2020

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Author Biography

Antonia Durán Ayago, University of Salamanca
Associate Professor of Private Internacional Law at the University of Salamanca. PhD of Law from the University of Extremadura with Extraordinary Prize (2004). He has published two monographs, The international protection of homeless minors: legal regime (Colex, 2004) and The protection of SMEs in international trade: regulatory proposals (Atelier, 2008). And she is the co-author of the following books: Legal Practical Guide to Immigration (Comares, 2006); Course on Nationality and Immigration (Colex, last edition 2008) and Practical application of private international law: cases and solutions (Ratio Legis, last edition 2015). He has also written numerous articles and book chapters on different issues of Private International Law, mainly in matters of Family Law. He obtained the XV Prize «La Ley» on doctrinal articles for legal professionals with the article «International adoption « (2001). She has promoted the Legal Clinic of Social Action of the University of Salamanca and has directed it from its creation in 2016 to 2019.
Published
2020-09-30
How to Cite
Durán Ayago, Antonia. 2020. “Lex Damni Vs. Lex Societatis in the Application of the French Law on the Corporate Duty of Vigilance of Parent Companies on Their Subsidiaries: Chronicle of a Necessary Dialogue”. Deusto Journal of European Studies, no. 63 (September), 183-206. https://doi.org/10.18543/ced-63-2020pp183-206.
Issue
No. 63 (2020): Business and Human Rights
Section
Articles

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