Capital market law in Latin America: a comparative law approach

2013 ◽  
Vol 18 (2) ◽  
pp. 201-224 ◽  
Author(s):  
M. F. Catapani
Keyword(s):  
Latin America ◽  
Capital Market ◽  
Comparative Law

scholarly journals Una aproximación al constitucionalismo latinoamericano, características principales y nuevas tendencias // An approach to the Latin-American constitutionalism, main characteristics, and new trends.

2017 ◽  
Vol 1 (100) ◽  
pp. 1239
Author(s):  
Carlos Hakansson
Keyword(s):  
Latin America ◽  
French Revolution ◽  
Latin American ◽  
Comparative Law ◽  
First Approximation ◽  
The Common ◽  
America Latina

Resumen:El presente trabajo es una primera aproximación a las diversas manifestacionesdel constitucionalismo en América Latina, a partir de algunas referencias comunes: Revolución Francesa, Derecho Comparado y alusiones a la modernidad. Summary:I. The common traits of the latin american constitutions. II. Content of the latin american constitutions. III. The degree of modernity of the latin american constitutions. IV. Constitutional trends. V. An approach to ibero-american presidential model. VI. Prospects for latin american constitutionalism.Abstract:The present paper is a first approximation on the diverse manifestations of the constitutionalism in Latin America, starting from some common references: French Revolution, Comparative Law, and allusions to modernity.

Development of Comparative Law in Latin America

2006 ◽  
pp. 260-302 ◽  
Author(s):  
Jan Kleinheisterkamp
Keyword(s):  
Latin America ◽  
Latin American ◽  
East Asian ◽  
Comparative Law ◽  
Legal Systems ◽  
American Law ◽  
Latin American Countries

Latin American law has largely been neglected by mainstream comparative law. The presumed ‘familiarity’ and the consequent perception of Latin American law as lacking sufficient originality, or rather exoticism, may explain why comparative works have often dedicated considerably more attention to Islamic, Hindu, and East-Asian law. The topics of both Latin American law as the object of comparative law, and comparative law as a subject in Latin American jurisprudence, have remained in the shade with the result that they have become battlegrounds for influence and domination. This article aims to provide a rough sketch of the development of comparative law in Latin America and its significance for, and impact on, the legal systems of the Latin American countries today.

scholarly journals The Italian Theory of Comparative Law Goes Abroad

2021 ◽  
Vol 1 (1) ◽  
pp. 5-28
Author(s):  
Elisabetta Grande ◽  
Rodrigo Míguez Núñez ◽  
Pier Giuseppe Monateri
Keyword(s):  
Latin America ◽  
South America ◽  
Comparative Law ◽  
Current Status ◽  
The Future ◽  
Future Challenges ◽  
National Boundaries

Abstract The aim of this paper is to assess the influence of the Italian comparative law scholarship outside its national boundaries, and particularly in Latin America, where it has had its strongest impact. In order to achieve our goal we will start by sketching a picture of the current status of the Italian comparative law, tracing its roots, explaining its development and analyzing its weaknesses and strengths. After exploring its reception in South America, we will ultimately try to envisage the future challenges, directions and contributions of the Italian Theory – as we labeled the Italian comparative law “way”.

scholarly journals Testamentary Inheritance in Comparative Law. A comparative View of Testamentary Practices and Legal Frameworks in Italy and Latin America

2021 ◽  
Vol 28 (42) ◽  
pp. 124-141
Author(s):  
Andreea Buțureanu
Keyword(s):  
Latin America ◽  
Comparative Analysis ◽  
Comparative Law ◽  
Societal Change ◽  
Common Elements ◽  
Left Behind ◽  
The Family ◽  
Vulnerable People ◽  
The Common ◽  
Legal Frameworks

Abstract The practice of making wills is as diverse as it is old. While the legislation in some cultures favors certain principles, others emphasize distinct precepts, all of which are guided in the background by the different cultural views about family and the importance attributed to the surviving spouse. Since the practice of testamentary inheritance is based on the desire to provide care to those left behind by the testator, and not in a few cases, in the absence of a constant income that he used to provide, it is important to identify the logic after which each legislator decides who are vulnerable people and which part of the successoral mass should be attributed to them. In the context of societal change in which the family no longer has the same definitions, the present study conducts a comparative analysis of testamentary practices and legal frameworks in Italy and Latin America in an effort to identify both the common elements that define these two Latin geographical areas, as well as their particularities. This analysis is relevant to the established literature in the field of inheritances by capturing the characteristics of two legal systems that have not received the necessary academic attention.

Development of Comparative Law in Latin America

2019 ◽  
pp. 251-288
Author(s):  
Jan Kleinheisterkamp
Keyword(s):  
Latin America ◽  
Latin American ◽  
Historical Development ◽  
Comparative Law ◽  
Legal Systems ◽  
American Law ◽  
Latin American Countries

Latin American law has largely been neglected by mainstream comparative law. The presumed ‘familiarity’ and the consequent perception of Latin American law as lacking sufficient originality, or rather exoticism, may explain why comparative works have often dedicated considerably more attention to other jurisdictions. The topics of both Latin American law as the object of comparative law, and comparative law as a subject in Latin American jurisprudence, have remained in the shade with the result that they have become battlegrounds for influence and domination. This article provides a rough sketch of the historical development of comparative law in Latin America and its significance for, and impact on, the legal systems of the Latin American countries today.

Part 2 National and Regional Reports, Part 2.5 Latin America: Coordinated by Lauro Gama and José Antonio Moreno Rodríguez, 61 Mexico: Mexican Perspectives on the Hague Principles

2021 ◽  
Author(s):  
Albornoz María Mercedes ◽  
Martín Nuria González
Keyword(s):  
Latin America ◽  
Comparative Law ◽  
Third Parties ◽  
Private International Law ◽  
Party Autonomy ◽  
Formal Validity ◽  
The Hague ◽  
The Law ◽  
Lex Mercatoria ◽  
The Right

This chapter explores Mexican perspectives on the Hague Principles. The Inter-American Convention on the Law Applicable to International Contracts (the Mexico Convention) includes party autonomy in Article 7, according to which ‘the contract shall be governed by the law chosen by the parties’. This rule admits express and also tacit choice of law, provided the latter is ‘evident from the parties’ behaviour and the clauses of the contract, considered as a whole’. Following this provision, the parties to the international contract can select the law applicable to the entire contract or to a part of it. Moreover, Article 8 establishes that the parties can at any time make or modify their choice, but such new choice ‘shall not affect the formal validity of the contract nor the right of third parties’. The chapter then considers the existence of a Project of Private International Law Act for Mexico, developed within the Mexican Academy of Private International and Comparative Law (AMEDIP). For the topic of international contracts, the project literally incorporates the provisions of the Mexico Convention. Here, the Hague Principles could bring enhanced precision on the lex mercatoria as the object of the parties’ choice.

Comparative Company Law

2006 ◽  
pp. 1160-1192 ◽  
Author(s):  
Klaus J. Hopt
Keyword(s):  
European Union ◽  
Capital Market ◽  
Comparative Law ◽  
Company Law ◽  
Future Research ◽  
Private Law ◽  
The European Union ◽  
Very Old

Comparative company law is at once very old and very modern. It is very old because ever since companies and company laws first existed, trade has not stopped at the frontiers of countries and states. The persons concerned, practitioners as well as rule-makers, had to look beyond their own city, country, rules, and laws. But comparative company law is also very modern. Most comparative work has focused on the main areas of private law, such as contract and torts, rather than company law. This article focuses on law and related rulemaking. It tries at least to touch upon the company law of five legal families in an eclectic way. It examines traditional and modern contracts in company law and comparative law, the harmonization of company law in the European Union, capital market law, and perspectives for future research.

British Direct and Portfolio Investment in Latin America Before 1914

1977 ◽  
Vol 37 (3) ◽  
pp. 690-722 ◽  
Author(s):  
Irving Stone
Keyword(s):  
Latin America ◽  
Latin American ◽  
Capital Market ◽  
Private Investment ◽  
Portfolio Investment ◽  
Factors Associated ◽  
Portfolio Composition ◽  
Total Investment ◽  
Major Factors ◽  
The Capital Market

This article aims to determine what changes occurred in Britain's control over its Latin American investments between 1865 and 1913. This is done by examining trends in the direct-portfolio composition of total investment and of private investment, as well as that of each industrial grouping. A major finding is the rise of British private portfolio investment. Differences in the capital market instruments used in each type of investment are analyzed as is the nationality of those controlling private portfolio investment. Finally, there is an assessment of major factors associated with the rise of the private portfolio component of investment.

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