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Ten Legal Change

in Law and Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226525273
eISBN:
9780226525297
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226525297.003.0011
Subject:
Law, Company and Commercial Law

This chapter explores several important questions related to legal change, legal transplants, and legal harmonization and convergence. It begins with the simple observation that all countries ... More


Understanding Legal Systems

in Law and Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226525273
eISBN:
9780226525297
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226525297.003.0010
Subject:
Law, Company and Commercial Law

This chapter shows that the alternative framework for thinking about how real-world legal systems operate proves more helpful in understanding how law actually relates to markets. In addition, it ... More


Third-Party Contracts

Philip Sutherland

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0008
Subject:
Law, Company and Commercial Law

This chapter examines third-party contracts in contract law in Scotland and South Africa. It investigates why the law should allow third-party contracts to be enforced, and when and how a third party ... More


Rethinking the Relation Between Legal and Economic Development

in Law and Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226525273
eISBN:
9780226525297
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226525297.003.0003
Subject:
Law, Company and Commercial Law

Law is not a fixed endowment in the sense of an unchanging foundation for market activity. It is hardly surprising, then, that the sustainable development of capitalist systems should depend in part ... More


Good Faith

Hector L MacQueen

in European Contract Law: Scots and South African Perspectives

Published in print:
2006
Published Online:
March 2012
ISBN:
9780748624256
eISBN:
9780748651429
Item type:
chapter
Publisher:
Edinburgh University Press
DOI:
10.3366/edinburgh/9780748624256.003.0002
Subject:
Law, Company and Commercial Law

This chapter considers good faith in the Principles of European Contract Law (PECL). It explains that Article 1:201 of PECL declares that each party must act in accordance with good faith and fair ... More


Law and Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Curtis J. Milhaupt and Katharina Pistor

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226525273
eISBN:
9780226525297
Item type:
book
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226525297.001.0001
Subject:
Law, Company and Commercial Law

Recent high-profile corporate scandals—such as those involving Enron in the United States, Yukos in Russia, and Livedoor in Japan—demonstrate challenges to legal regulation of business practices in ... More


Testamentary Formalities in South Africa

Marius J De Waal

in Comparative Succession Law: Volume I: Testamentary Formalities

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199696802
eISBN:
9780191732065
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199696802.003.0016
Subject:
Law, Company and Commercial Law

This chapter discusses the issue of testamentary formalities in the context of South Africa's ‘mixed legal system’. It traces the history of will-making in South Africa, explaining how the original ... More


The Role of Bureaucracy in Deregulation – The Case of Justice System Reform in Japan

Kahei Rokumoto

in Corporate Governance in Context: Corporations, States, and Markets in Europe, Japan, and the US

Published in print:
2005
Published Online:
March 2012
ISBN:
9780199290703
eISBN:
9780191700576
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199290703.003.0018
Subject:
Law, Company and Commercial Law

This chapter presents a case study from Japan of the role played by a top bureaucrat in bringing about a major reform in public governance, namely the justice system reform (JSR). It is shown that ... More


Conclusion

in Law and Capitalism: What Corporate Crises Reveal about Legal Systems and Economic Development around the World

Published in print:
2008
Published Online:
March 2013
ISBN:
9780226525273
eISBN:
9780226525297
Item type:
chapter
Publisher:
University of Chicago Press
DOI:
10.7208/chicago/9780226525297.003.0012
Subject:
Law, Company and Commercial Law

This book began by noting that the quest to link economic success with particular features of a legal system has attracted the attention of prominent scholars for more than a century. It takes ... More


The Lex Mercatoria as a Legal System

Orsolya Toth

in The Lex Mercatoria in Theory and Practice

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199685721
eISBN:
9780191765711
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199685721.003.0008
Subject:
Law, Company and Commercial Law, Private International Law

This chapter examines the lex mercatoria as an autonomous a-national ‘legal system’. It tests a-national law against Hart’s concept of law and explores secondary rules within the lex mercatoria. The ... More


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