David Cabrelli
Convergence, Legal Origins and Transplants in Comparative Corporate Law: A Case-Based and Quantitative Analysis
Cabrelli, David; Siems, Mathias
Authors
Mathias Siems
Abstract
In this Article, the authors intend to fill a gap in the comparative law literature by adopting a case-based approach to comparative corporate law that highlights the important dimension of specific cases in corporate law matters and how identifiable, but limited issues arising from such case disputes are resolved in different jurisdictions. Our study is based on ten cases used in a wider research project and their solutions in ten countries: eight European countries, the United States, and Japan. We assess the solutions to these cases using quantitative methods of network and cluster analysis. We also seek to enquire whether conceptual differences exist between the countries in terms of the source, form, style, and substance of the legal rules which comprise their corporate laws. The findings of this assessment are used to evaluate arguments developed in the academic comparative company literature which posit that the existence of fundamental differences in the protection of shareholders across countries reduces the scope for convergence in corporate law systems. The case-based evaluation is also applied to make a contribution towards other influential theories in comparative law, particularly the “legal origins” theorem and the “legal transplants” debate. For example, while we find some evidence of legal transplants, we show that the notion of legal origins has only limited value in today's corporate law. Furthermore, the research has a public policy dimension since the existence or absence of differences matters for the question of whether formal harmonization of corporate law in the EU, or further afield, is necessary, desirable, or at all possible.
Citation
Cabrelli, D., & Siems, M. (2015). Convergence, Legal Origins and Transplants in Comparative Corporate Law: A Case-Based and Quantitative Analysis. The American Journal of Comparative Law, 63(1), 109-153. https://doi.org/10.5131/ajcl.2015.0004
Journal Article Type | Article |
---|---|
Online Publication Date | Jan 1, 2015 |
Publication Date | Jan 1, 2015 |
Deposit Date | May 2, 2015 |
Publicly Available Date | Jan 19, 2016 |
Journal | American Journal of Comparative Law |
Print ISSN | 0002-919X |
Publisher | American Society of Comparative Law |
Peer Reviewed | Peer Reviewed |
Volume | 63 |
Issue | 1 |
Pages | 109-153 |
DOI | https://doi.org/10.5131/ajcl.2015.0004 |
Related Public URLs | http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2629847 |
Files
Accepted Journal Article
(651 Kb)
PDF
Copyright Statement
This is a pre-copyedited, author-produced PDF of an article accepted for publication in American journal of comparative law following peer review. The version of record [insert complete citation information here] is available online at: http://dx.doi.org/10.5131/AJCL.2015.0004
You might also like
Foreign-trained legal scholars in the UK: ‘irritants’ or ‘change agents’?
(2021)
Journal Article
The Power of Comparative Law: What Types of Units Can Comparative Law Compare?
(2019)
Journal Article
The law and ethics of ‘cultural appropriation’
(2019)
Journal Article
The Illusion of Motion: Corporate (Im)Mobility and the Failed Promise of Centros
(2019)
Journal Article
Downloadable Citations
About Durham Research Online (DRO)
Administrator e-mail: dro.admin@durham.ac.uk
This application uses the following open-source libraries:
SheetJS Community Edition
Apache License Version 2.0 (http://www.apache.org/licenses/)
PDF.js
Apache License Version 2.0 (http://www.apache.org/licenses/)
Font Awesome
SIL OFL 1.1 (http://scripts.sil.org/OFL)
MIT License (http://opensource.org/licenses/mit-license.html)
CC BY 3.0 ( http://creativecommons.org/licenses/by/3.0/)
Powered by Worktribe © 2024
Advanced Search