Company Law, Lawyers and'Legal'Innovation: Common Law versus Civil Law

Type Working Paper - Lex Research Topics in Corporate Law & Economics Working Paper
Title Company Law, Lawyers and'Legal'Innovation: Common Law versus Civil Law
Author(s)
Issue 2011-3
Publication (Day/Month/Year) 2011
URL http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1907894
Abstract
In this essay we make two major claims. The first is that public legislatures should think seriously about giving maximum effect to the principle of freedom of contract in company law. This would not only give corporate lawyers the tool they need to provide legal services that match the needs of the current global business community, but also encourage legal experimentation. The second claim is that corporate lawyers in common law systems are more open to legal change and innovation than their civil law colleagues. The difference seems to lie in the more experimental nature of common law compared to civil law systems.

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