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This paper proposes and empirically validates four theories of why legal origin influences growth and welfare through finance. It is a natural extension of "Law and finance: why does legal origin matter?" by Thorsten Beck, Asli Demirgüç-Kunt and Ross Levine (2003). We find only partial support...
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Financial Derivatives have established themselves as a major driving force in the international monetary sphere in the recent past. Financial Derivatives were originally used as an effective monetary instrument to multiply the wealth through ripple effect, of late, these instruments are also...
Persistent link: https://www.econbiz.de/10012947392
cost. By focusing only on offsetting escaped liability, the standard law and economic theory fails to account for the core … risk-based theory is needed to support legal limitations on punitive damages …
Persistent link: https://www.econbiz.de/10013037444
This Article identifies a market-based solution for monitoring large-scale litigation that proceeds outside of Rule 23's safeguards. Although class actions dominate the scholarly discussion of mass litigation, the ever-increasing restrictions on certifying a class mean that plaintiffs' lawyers...
Persistent link: https://www.econbiz.de/10013037441
Two recent cases, one from New Zealand and the other from the UK, highlight issues relating to the intersection between company law and securities law. In one, the directors attempted to defend alleged breaches of the statutory duty to make full prospectus disclosure by asserting that they were...
Persistent link: https://www.econbiz.de/10012999281
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Recent years have seen a rediscovery of the fact that a healthy financial and economic system cannot be based on the lowest common behavioural denominator of what is technically permissible under the black letter of the law. Something more is needed – variously described as ‘sound culture',...
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According to the law and economics approach, pure economic loss is a private loss that is not socially relevant but simply implies a redistribution of wealth. Consequently, wrongful behavior that induces reallocation of costs and benefits with no consequences on social welfare is not considered...
Persistent link: https://www.econbiz.de/10014186989