Literature on Comparative Company Law on the General Division into Legal Families (Term Paper Sample)
The paper intended to make a critical analysis with good evidence of wider readings and evidence of a comparative study on "The literature on Comparative Company law still insists on the general division into legal families. On one side, one can find the Common law model, pursuing a market-based approach, where the shareholder’s individual interests are to the fore; while, on the other side, one can find the Civil law model, with a prevalence of concentrated ownership, where, rather than control through the markets, what counts more are the relations within the company. Yet, in modern Company law, the differences between Civil and Common law countries have become less marked."
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COMPANY LAW
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Class
Date
Company Law
Literature on Comparative Company Law on the General Division into Legal Families
The efforts to categorize jurisdiction around the globe into a handful of lawful families by underlying common features has from historicity occupied a key role in comparative law. Although comparativists have continually been sophisticated on the concerns related to the limitations of legal family groupings, many, if not all comparative law treaties and books are still being systematized under this framework. Besides, in spite of the early thoughts that the seminal literature of Konrad Zweigert, Hein Kotz, and Rene David could have depleted this thesis as an entity of legal scholarship, quite startlingly, there have been fresh advances aimed at advancing and refining, rather than abandoning the concept of legal family classifications. This report will in its analysis cast doubt to the professed history authenticity of legal families in the insights of Company civil and common law systems of the different national taxonomies, it being a reason why this topic has remained a contentious debate in the modern time frame.[Mariana Pargendler, (Oxford University Press 2012). The Rise and Decline of legal families. The American Journal of Comparative Law, pp. Vol, 60, issue No 4, 1043-1074.] [Jaako Husa, (Revue internationale de droit comparé 2018). Classification of Legal Families Today. Is it time for a memorial hymn? - Persée. Retrieved from https://www.persee.fr/doc/ridc_0035-3337_2004_num_56_1_19249]
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