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Full-Text Articles in Securities Law
The Role Of Comparative Law In Shaping Corporate Statutory Reforms, Marco Ventoruzzo
The Role Of Comparative Law In Shaping Corporate Statutory Reforms, Marco Ventoruzzo
Journal Articles
This Essay discusses how comparative law played and plays a role in the statutory development of corporate laws. The influence of laws of other systems on the development of statutory law is common, explicit, and represents a tradition that accompanied legal reforms since the very beginning of the development of legislation.
Focusing on modern corporate law, I argue (but the argument could be extended to many other legal fields) that it is necessary to distinguish two basic ways in which comparative law influences legal reforms in one particular jurisdiction. The first one is through regulatory competition among different systems. In …
Issuing New Shares And Preemptive Rights: A Comparative Analysis, Marco Ventoruzzo
Issuing New Shares And Preemptive Rights: A Comparative Analysis, Marco Ventoruzzo
Journal Articles
The question of whether the corporate law of Europe and America are converging is still largely unanswered. One fundamental area in which the two systems diverge concerns how they regulate the issuing of new shares, in particular preemptive rights, a problem rarely addressed by comparative corporate law scholars. This essay fills that gap by examining the major comparative differences between the approaches followed on the two sides of the Atlantic, and offers some possible explanations for this divergence.