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Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo
Variations On A Theme: Corporate Law In Latin America, Continental Europe, And The United States, Ángel R. Oquendo
University of Miami Inter-American Law Review
The regulation of incorporated companies in Latin America and Continental Europe appears to distance itself from that in the United States. It differs in how it structures itself and handles incorporation, incorporators, piercing, governance, discipline, and shareholders. In their regulatory exertions, both regimes rely, certainly, on legislation and adjudication yet do so differently, qualitatively in addition to quantitatively.
Apparently, civil and common law continue to specialize respectively though not exclusively in statutes and binding precedents. Still, they ever more frequently intrude into each other’s apparent specialty, while leaving their own imprint on it. The tendency to converge coexists with that …
Let’S Shake On It: Perceived Pre-Contractual Risk In Cross-Border Investment, Kevin J. Fandl Jd, Phd
Let’S Shake On It: Perceived Pre-Contractual Risk In Cross-Border Investment, Kevin J. Fandl Jd, Phd
University of Miami Business Law Review
This article asks whether a legal system that provides protection for commitments made prior to contract formation is more or less conducive to risk-taking by foreign investors than a legal system that does not. I surmise that increased levels of protection for precontractual commitments establish an environment more hospitable to new business development, giving potential entrepreneurs added security in their ventures. And I further surmise that different legal traditions provide different levels of protection for these pre-contractual commitments.
To better understand the risks faced by cross-border business investors, this article describes the key distinctions between legal systems that create potential …