Transplanting Commercial Law Reform
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Transplanting Commercial Law Reform
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Author : John Gillespie
language : en
Publisher: Routledge
Release Date : 2017-03-02
Transplanting Commercial Law Reform written by John Gillespie and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Political Science categories.
The first sustained analysis examining legal transplantation into East Asia, this volume examines the prospects for transplanting a 'rule of law' that will attract and sustain international trade and investment in this economically dynamic region. The book develops both a general model that explains how legal transplantation shapes legal development in the region, whilst developing theoretical insights into the political, economic and legal discourses guiding commercial law reforms in Vietnam. For the first time, this book develops a research methodology specifically designed to investigate law reform in developing East Asia. In so doing, it challenges the relevance of conventional convergence and divergence explanations for legal transplantation that have been developed in European and North American contexts. As the first finely-grained analysis of legal development in Vietnam, the book will be invaluable to academics and researchers working in this area. It will also be of interest to those involved in commercial legal theory.
Private Company Law Reform
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Author : Joseph A. McCahery
language : en
Publisher: T.M.C. Asser Press
Release Date : 2010
Private Company Law Reform written by Joseph A. McCahery and has been published by T.M.C. Asser Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Law categories.
Private Company Law reform is among the most important topics for lawmakers and companies. This well-timed volume explains in details the legal reforms taking place in the principal European jurisdictions, the United States and Asia. The volume brings together a distinguished group of company law scholars to examine the factors leading to the rise of the new unincorporated entities in the US and Asia and explains in detail how private company law forms can be suitably adapted to meet a wide range of firms' needs. It examines the important reforms taking place in private company law across the EU and addresses how the reforms may lead to a more optimal environment for businesses to operate. Finally, it critically explores the advantages of introducing the European Private Company. This book is a valuable tool for scholars, corporate lawyers, practitioners, policymakers and advanced students in law, as well as for entrepreneurs in emerging and developed markets. Joseph A. McCahery is Professor of International Economic Law at Tilburg University, the Netherlands and Professor of Financial Market Regulation, Tilburg Law and Economics Center. Levinus Timmerman is Advocate General in the Supreme Court of the Netherlands and Professor of Foundations of Company Law at the Erasmus University Rotterdam, the Netherlands. Erik P.M. Vermeulen is Professor of Business Law at Tilburg University, Professor of Financial Market Regulation, Tilburg Law and Economics Center, and Vice President at the Corporate Legal Department of Philips International B.V.
Secured Transactions Law Reform Principles Policies And Practice
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Author : Louise Gullifer
language : en
Publisher:
Release Date : 2016
Secured Transactions Law Reform Principles Policies And Practice written by Louise Gullifer and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with Credit categories.
Foreword / Rt Hon Lord Saville of Newdigate -- Introduction / Louise Gullifer -- An outline of a typical PPSA scheme / Hugh Beale -- Historical overview of UCC Article 9 / Peter Winship -- Transplanting Article 9 : the Canadian PPSA experience / Catherine Walsh -- Current issues in secured transactions law in Canada : an Ontario perspective / Anthony Duggan -- The New Zealand perspective / Mike Gedye -- Australian secured transactions law reform / David Brown -- Secured transactions law reform in Malawi : the 2013 Personal Property Security Act / Marek Dubovec and Cyprian Kambili -- Reforming the law of secured transactions in Jersey / Roy Goode and John Rainer -- Reforming the company charge register in Ireland / Noel McGrath -- Reforming the law of secured transactions in Scotland / Andrew J.M. Steven and Hamish Patrick -- The English law of personal property security : under-reformed? / Louise Gullifer and Magda Raczynska -- An uneasy case of multiple tracing claims in English law / Magda Raczynska -- Should clauses prohibiting assignment be overridden by statute? / Louise Gullifer -- The peculiar approach of German law in the field of secured transactions and why it has worked (so far) / Moritz Brinkmann -- Italian secured transactions law : the need for reform / Anna Veneziano -- An overview of the French law on secured transactions / Jean-Francois Riffard -- The Belgian reform on security interests in movable property / Eric Dirix -- Secured transactions law reform in Lithuania / Andrius Smaliukas -- Modernisation of the law of secured transactions in Spain / Teresa Rodríguez de las Heras Ballell and Jorge Feliu Rey -- The ERBD's experience in secured transactions reform : how can outsiders help? / Frederique Dahan -- The United Nations Convention on the assignment of receivables in international trade and small businesses / N. Orkun Akseli -- The UNCITRAL legislative guide on secured transactions and the draft UNCITRAL model law on secured transactions compared / Spyridon V. Bazinas -- Conclusions and recommendations / Louise Gullifer
Domestic Law Reforms In Post Mao China
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Author : Pitman B. Potter
language : en
Publisher: Routledge
Release Date : 2019-07-12
Domestic Law Reforms In Post Mao China written by Pitman B. Potter and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-12 with Social Science categories.
This volume explores various aspects of the law in transition in post-Mao China. Stanley Lubman's introduction places each of the substantive chapters in the larger context of Chinese legal studies. Edward Epstein analyses the transplanting of European and Anglo-American legal ideologies into China, and the dilemmas this poses for the rule of law and legitimation in the reform period. Murray Scot Tanner analyses reforms in the legislative process, focusing particularly on the separation of the Communist Party from day-to-day legislative affairs and more pluralistic tendencies in the legislative process. William C. Jones, by addressing the opinion of the Surpreme People's Court regarding implementation of the general principles of civil law, raises compelling questions about legal interpretation in China in the context of social reform. James Feinerman analyses developments in Chinese contract law, raising the question as to whether in China it can form a basis for predictability and certainty in commercial transactions that are integral to the economic reforms. Judy Polumbaum studies developing efforts to enact a press law, reflecting the uses to which law has been put in pursuit of the political issue of press reform. Finally, Pitman Potter analyses the emerging concept of judicial review in the context of the Administrative Litigation Law of the PRC, an important aspect of political reform in China. By addressing these issues, the authors aim to reveal the various aspects of the developing autonomy that is embodied in China's legal reforms.
Legal Transplants In East Asia And Oceania
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Author : Vito Breda
language : en
Publisher: Cambridge University Press
Release Date : 2019-06-27
Legal Transplants In East Asia And Oceania written by Vito Breda and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-06-27 with Law categories.
This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law.
The Future Of Commercial Law
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Author : Orkun Akseli
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-16
The Future Of Commercial Law written by Orkun Akseli and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-16 with Law categories.
"The papers collected in this volume derive from a Society of Legal Scholars (SLS) seminar held at the College of St Hilde and St Bede at Durham University on 27-28 February 2017. The seminar was convened under the auspices of Durham Law School's Institute for Commercial and Corporate Law"--ECIP Introduction.
Successful Transplanting Of Law Is Socially Easy Diskutieren Sie Diese Aussage Watsons
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Author : Johannes Eichelsdörfer
language : de
Publisher: GRIN Verlag
Release Date : 2012-09-11
Successful Transplanting Of Law Is Socially Easy Diskutieren Sie Diese Aussage Watsons written by Johannes Eichelsdörfer and has been published by GRIN Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-09-11 with Law categories.
Studienarbeit aus dem Jahr 2012 im Fachbereich Jura - Sonstiges, Note: 1,3, Friedrich-Alexander-Universität Erlangen-Nürnberg, Sprache: Deutsch, Abstract: In dieser Proseminararbeit aus dem Bereich der Rechtsvergleichung im öffentlichen Recht werden Fragen des Rechtstransfers/ der Rechtstransplantate behandelt. Besonders wird auf die Relevanz gesellschaftlicher Aspekte für den Erfolg eines Rechtstransplantats eingegangen. Die Arbeit entwickelt ihre Ergebnisse ausgehend von Aussagen des Rechtsvergleichers Alan Watson (Legal Transplants: An Approach to Comparative law, Scottish Academic Press, Edinburgh 1974).
Secured Transactions Law Reform In Africa
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Author : Marek Dubovec
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-10-31
Secured Transactions Law Reform In Africa written by Marek Dubovec and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-31 with Law categories.
Over the last few decades, many countries have reformed their secured transactions law. One of the main reasons has been the clear link between reform and the availability of credit, and the drive to improve access to finance, particularly for micro, small and medium-sized enterprises. This book focuses particularly on developing economies in Africa, which have legal frameworks influenced by English, French, Belgian, Roman-Dutch and other laws. Reform in this area of law across African countries has taken a number of forms, which are explored and discussed in this book. Secured Transactions Law Reform in Africa is a mixture of a critical description of the pre-reform law and practice, and the reform process itself. It also includes a comparative analysis of the legal provisions and an examination of the early results of the reforms. The book sets out a road map for the future of secured transactions reform; primarily in Africa, but also in other countries that have undertaken or are contemplating similar reforms. This book is the second in a series of books about Secured Transactions Law in countries around the world, and its reform, both on a national and an international scale. The first book, Secured Transactions Law Reform: Principles, Policies and Practice, was published in 2016.
Commercial Law In East Asia
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Author : Roman Tomasic
language : en
Publisher: Routledge
Release Date : 2017-07-05
Commercial Law In East Asia written by Roman Tomasic and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-05 with Law categories.
The shift of economic gravity towards East Asia requires a critical examination of law's role in the Asian Century. This volume explores the diverse scholarly perspectives on law's role in the economic rise of East Asia and moves from general debates, such as whether law enjoys primacy over culture, state intervention or free markets in East Asian capitalism, to specific case studies looking at the nature of law in East Asian negotiations, contracts, trade policy and corporate governance. The collection of articles exposes the clefts and cleavages in the scholarly literature explaining law's form, function and future in the Asian Century.
New Directions In Comparative Law
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Author : Antonina Bakardjieva Engelbrekt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2009
New Directions In Comparative Law written by Antonina Bakardjieva Engelbrekt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This in-depth book explores the changing role of comparative law in an era of Europeanisation and globalisation. It explains how national law coexists and interacts with supranational and international law and how legal rules are produced by a variety of institutions alongside and beyond the nation-state. The book combines both theoretical and practically oriented contributions in the areas of law and development, comparative constitutional law, as well as comparative private and economic law. It offers a plurality of perspectives on the theory and methods of comparative law as a legal discipline, but also on comparative law when concretely applied in projects of legal aid, harmonisation of law and legal reform. Offering a multi-disciplinary perspective, this book will appeal to researchers and policymakers in international organisations. It will also serve as a valuable resource for advanced level courses on comparative law, and on law reform and legal aid.