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Full-Text Articles in Law
Cambodia's Law On Secured Transaction, Timothy J. Holzer, Pho Sotheaphal
Cambodia's Law On Secured Transaction, Timothy J. Holzer, Pho Sotheaphal
Akron Law Review
Cambodian law permits the taking of and the perfecting of a security interest in movables (e.g., goods) and in intangibles (e.g., legally enforceable rights, such as contracts and rights in property.) Cambodia’s system is strongly patterned after Article 9 of the Uniform Commercial Code as developed in the United States. Perfection (i.e. notice to third parties that a security interest exists) is usually effected by the filing of a notice at the Secured Transactions Filing Office (the “STFO”) of the Ministry of Commerce, although sometimes physical possession may be required. However, conflicting or ambiguous provisions in other Cambodian laws may …
Non-Competition Agreements Under Vietnamese Law: Protection Of Trade Secrets And Free Choice Of Employment As Two Sides Of The Same Coin, Nguyen The Duc Tam, Le Nguyen Hong Nhung
Non-Competition Agreements Under Vietnamese Law: Protection Of Trade Secrets And Free Choice Of Employment As Two Sides Of The Same Coin, Nguyen The Duc Tam, Le Nguyen Hong Nhung
Akron Law Review
If you ask many employers in Vietnam why they use non-competition agreements (noncompetes), they will confidently tell you that they are trying to protect their legitimate ownership interests. However, what they are less confident about is the legal enforceability of noncompetes. Such uncertainty hurts both employers and employees. The ambiguity regarding the enforceability of noncompetes not only discourages employers from bringing trade secrets into Vietnam but also deprives employees of opportunities for employer investment and personal development. In this article, we argue that noncompetes should be enforceable in Vietnam. However, noncompetes should be binding only if they are necessary to …
Sustaining Vietnamese Economic Development By Improving The Transparency Of Choice Of Law Decisions, Luong Duc Doan, Trinh Thi Hong Nguyen
Sustaining Vietnamese Economic Development By Improving The Transparency Of Choice Of Law Decisions, Luong Duc Doan, Trinh Thi Hong Nguyen
Akron Law Review
Without a doubt, Vietnam has enjoyed outstanding economic performance since the adoption of doi moi in 1986. To a significant extent, Vietnam has accomplished this through the dramatic increase in international trade and investment. However, further economic progress will be undermined if international partners begin to question the fairness of the Vietnamese legal system – especially in the application of choice of law principles. At best, a perceived lack of transparency in choice of law decisions will increase uncertainty; at worst, it will foster the impression that Vietnamese Courts do not treat international parties fairly. Accordingly, this article recommends that …
The Global Benefits Of The Law & Economics Framework In Legal Education: Overview (Part 1), Patrick H. Gaughan
The Global Benefits Of The Law & Economics Framework In Legal Education: Overview (Part 1), Patrick H. Gaughan
Akron Law Review
This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …