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This chapter provides an introduction to the world of family companies and family constitutions from a legal perspective. It first studies the legal types of business organizations that family firms have chosen across time and jurisdictions. It then illustrates how early predecessors of family constitutions evolved in the late Middle Ages and what modern family constitutions look like in different countries today. Further considerations are devoted to the governance framework of family firms. The chapter concludes by exploring the potential legal effects of family constitutions under German company and contract law.

This chapter presents the current research status of family constitutions from an economics perspective. It locates the family constitution as part of the family and business governance structure of a family firm and the owner family. The typical structure and content of a family constitution are introduced. The chapter focuses on the status of research about family constitutions and provides a structured map for future research. With regard to extant research, it must be stated that the stock of literature is small. The contributions to literature are categorized in surveys; conceptual contributions; survey data; small sample, qualitative, empirical studies; and big sample, quantitative, empirical studies. The latter group includes three studies with a separate family constitution variable. This small number symbolizes that the family constitution still is an under-researched area. Therefore, family constitution research is far away from being able to answer central questions of advice-seeking owner families like, for example, whether a family constitution affects family performance, firm performance, or both; or whether the development process of a family constitutions disposes of an effect on family or firm performance separately from the hypothesized effect of the family constitution document.

The modern family constitution is a written declaration summarizing a process of agreement and decision-making within an entrepreneurial family regarding the motives, guidelines, and regulations for the family members’ cooperation within the family and the family business association. This chapter exposes facets of family constitutions from a historical and a practical point of view. In order to do so, it begins with a review of the predecessors and origins of family constitutions. Subsequently, focusing especially on the interplay between a family constitution and the family business’ binding legal agreements, it describes four forms of family constitutions that have evolved from different consulting approaches in practice. The chapter concludes with some legal implications.

This chapter addresses the main issues regulating property rights in Kosovo, with particular attention given to the public property. Through this chapter, an effort will be made to present a short historical overview of property forms in Kosovo, especially its transformation from one kind to another in the past as a part of former Yugoslavia, during the period of the 90s and for the period of UNMIK Administration, as well as an objective reflection of the current state of the legislation of the Republic of Kosovo with concern to public property.

The authors carried out a desk review of academic literature, national and international regulation, reports provided by international institutions and other available important resources. Besides the theoretical review of international and local literature, legislation in Kosovo and other relevant documents, the chapter focusses on practical research by analysing the relevant legal property acts in Kosovo and the current situation in ownership and property rights, nidificate legal vacuum and existing weaknesses.

The legal acts in Kosovo have not sufficiently regulated state property’s status, so the question of which level of power is competent to manage state property has become an object of various interpretations.

The authors herein propose a few measures to regulate real property right with special attention to one public property.

The authors define the need to regulate property forms in Kosovo and their harmonisation, such as undertaking the proper coordinated steps to have an adequate property rights regime.

This paper aims to fill gap in the literature and explore policy options for resolving the problems of accountability by framing three research questions. The research questions are (i) whether certain elements of Scott’s (2014) institutional pillars attenuate (accentuate) corporate and public accountability; (ii) whether the presence of ruling party-affiliated enterprises (RPAEs) create an increase (decrease) in the degree of corporate (public) accountability; and (iii) whether there is a particular form of ownership change that transforms RPAEs into public investment companies.

Using a qualitative research methodology that involves term frequency and thematic analysis of publicly available textual information, the paper examines Mechkova et al.’s (2019 forms of government accountability. The paper analyzes the gaps between the de jure and de facto accountability using the institutional pillars framework.

The findings of the paper are three. First, there are gaps between de jure and de facto in all three (vertical, horizontal and diagonal) forms of government (public) accountability. Second, the study finds that more than three fourth of the parties that contested the June 2021 election did have regional focus. They did not advocate for accountability. Third, Ethiopia’s RPAEs are unique. They have regional focus and are characterized by severe forms of agency and information asymmetry problems.

The main limitation of the paper is its exploratory nature. Extending this research by using cross-country data could provide a more complete picture of the link between corporate (public) accountability and a country’s institutional pillars.

Academic research documents that instilling modern corporate (public) governance standards in the Sub Sahara Africa (SSA) region has shown mixed results. The analysis made in this paper is likely to inform researchers and policymakers about the type of change that leads to better corporate (and public) accountability outcomes.

The institutional change proposed in the paper is likely to advance the public interest by mitigating agency and information asymmetry problems and enhancing government accountability. The changes make the enterprises investable, save scarce jobs, enhance diversity and put the assets in RPAEs to better use.

To the best of the authors’ knowledge, this is the first paper that uses the institutional pillars analytical framework to examine an SSA country's corporate (public) accountability problem. It demonstrates that accountability is a domestic and a (novel) traveling theory. The paper identifies the complexity of resolving the interlock between political institutions and business enterprises. It theorizes that it is impossible to instill modern corporate (public) accountability standards without changing regulatory, normative and cultural cognitive pillars of institutions. The paper contributes to the change management and public interest literature.

The Rajapaksa regime over the 2005–2022 period promoted a national-popular project based on a militarised Sinhala-Buddhist nationalism promoting a market-driven rentier economy. It illustrated a form of patrimonial capitalism undermining public accountability and the efficacy of the state bureaucracy. This popular-national project was dependent on strengthening ties with China while distancing relations with India and the Global North (USA and the EU). The ways in which the external relations were coordinated reinforced discrimination against Tamil and Muslim communities, while disregarding their demands for justice and reparations. The increasing integration of the economy with financial markets, driven by the Central Bank, amplified the commercialisation of the state, restraining public revenues and state oversight. Meanwhile, the militarisation of the state involved the commercialisation of the military, opaque military budgets and violent repression of protests. The Rajapaksa regime, which enabled a minority-privileged (leisure) class to culturally flourish in regulated safe spaces, also instigated multiple protests from below demanding democracy as well as justice.

The chapter deals with the interface between the law of succession and corporate law and explains the completely different objects of these two fields of law. Succession law tries to shift and contribute assets to the successors, whereas corporate law focuses on the well-being of the company. However, in a family business, it is necessary to find legal, social, and psychological techniques to combine these two areas and to establish strong and binding relations. This is the function of shareholder agreements and family constitutions.

Social enterprises are embedded in ecosystems with multiple actors interested in the field’s growth. One way to enhance social enterprises is through public policies and developing countries like Brazil included this in the public agenda. After an important mobilization of private organizations and public managers, the Brazilian federal government implemented in 2017 the National Impact Investment and Business Strategy (ENIMPACTO) renamed in 2023 to National Impact Economy Strategy with the same abbreviation. Since its creation, ENIMPACTO saw significant modifications leading to a decree in 2023 extending its mandate, amplifying membership and changing its name to the National Impact Economy Strategy while maintaining the same acronym. This experience leads us to the following question: How was ENIMPACTO created and developed?

We used institutional arrangements and advocacy coalition theory to analyze the key elements that contributed to ENIMPACTO’s creation and its evolution through time. A qualitative, single-case study on the Brazilian experience implementing ENIMPACTO was conducted through semi-structured interviews with national strategy members, participant observation, document and data analysis.

We argue that advocacy coalition and institutional arrangements frameworks combined are needed to understand Enimpacto’s complexity. The strategy presented an extensive multiple-actor articulation involving shared beliefs that were also important to gather support on recreating and expanding Enimpacto when external events threatened its continuity. Yet, it presented important challenges on how to achieve consensus and alignment regarding important concepts and regulation strategy among the actors and manage the public policy governance and activities implementation.

We combine institutional arrangements and advocacy coalition frameworks and apply them to analyze a public policy composed of actors of multiple sectors that play an active advocacy coalition role. We also present empirical evidence that elements of the advocacy coalition framework add analytical elements to institutional arrangements literature and how they affect each other. We point to two important elements of the institutional arrangements framework (territoriality and subsidiarity) that were not initially considered by ENIMPACTO and were later incorporated because of tensions in the field. We provide empirical evidence of the incipient role that public administration can play in promoting social enterprises' agenda that might base similar strategies to boost social enterprises in other locations.