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Penn State Law

Business Organizations Law

2014

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The Role Of Comparative Law In Shaping Corporate Statutory Reforms, Marco Ventoruzzo Jan 2014

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 …