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Commercial Law Quarterly. The lectures were part of a special series, "The Common Law and Finance: Perspectives from the Bench …) were invited to reflect on the role of the common law judge in the regulation of commerce and finance. In this introduction …
Persistent link: https://www.econbiz.de/10012845563
maximum effect to the principle of freedom of contract in company law. This would not only give corporate lawyers the tool … experimentation. The second claim is that corporate lawyers in common law systems are more open to legal change and innovation than … their civil law colleagues. The difference seems to lie in the more experimental nature of common law compared to civil law …
Persistent link: https://www.econbiz.de/10014178892
This paper examines how the 'public' and the 'private' have historically been constructed in the common law and civil … law traditions, and how the differences in the respective constructions of each tradition may explain some observable …
Persistent link: https://www.econbiz.de/10014179071
Economists have documented pervasive correlations between legal origins, modern regulation, and economic outcomes around the world. Where legal origin is exogenous, however, it is almost perfectly correlated with another set of potentially relevant background variables: the colonial policies of...
Persistent link: https://www.econbiz.de/10014179220
for the trust of English law. The Courts of Seychelles have, however, a statutory equitable jurisdiction. That …
Persistent link: https://www.econbiz.de/10014129243
A central requirement in the design of a legal system is the protection of law enforcers from coercion by litigants … through either violence or bribes. The higher the risk of coercion, the greater the need for protection and control of law … France remained less peaceful than England), and may explain many differences between common and civil law traditions with …
Persistent link: https://www.econbiz.de/10014132365
Recent finance scholarship finds that countries with legal systems based on the common law provide better investor … protections and have more developed financial markets than civil law countries. These findings echo Hayek's claims of the … superiority of English to French legal institutions. In this paper, I present evidence that common law countries experienced …
Persistent link: https://www.econbiz.de/10014124938
literature; yet, it then goes further as it uses distinct categories into which each country’s law is allocated in quantitative … social sciences (initially in economics but subsequently also in political science, sociology and legal scholarship). This …
Persistent link: https://www.econbiz.de/10014081505
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