2014

Institutional Competition between Common Law and Civil Law

Theory and Policy

Editors:

ISBN: 978-3-642-54659-4 (Print) 978-3-642-54660-0 (Online)

Table of contents (18 chapters)

  1. Front Matter

    Pages i-xxix

  2. Introduction

    1. Front Matter

      Pages 1-1

    2. No Access

      Book Chapter

      Pages 3-21

      Interdisciplinary Issues in Comparing Common Law and Civil Law

  3. Testing the Economic Impact of Common Law and Civil Law in Today’s Developed Countries

    1. Front Matter

      Pages 23-23

    2. No Access

      Book Chapter

      Pages 25-40

      Identifying the Effect of Institutions on Economic Growth

    3. No Access

      Book Chapter

      Pages 41-81

      Contract Rules in Codes and Statutes: Easing Business Across the Cleavages of Legal Origins

    4. No Access

      Book Chapter

      Pages 83-117

      Contract Modification as a rebus sic stantibus Solution to the Subprime Crisis

    5. No Access

      Book Chapter

      Pages 119-182

      A Counterintuitive Efficiency Divide Between Common Law and Civil Law: Rules and Structures of Civil Procedure in Eight Developed or Newly Industrialized Countries

  4. Overcoming the Legacies of Colonial Transplants of Common Law and Civil Law in Developing Countries and of Socialist Legal Origin in Transforming Countries

    1. Front Matter

      Pages 183-183

    2. No Access

      Book Chapter

      Pages 185-209

      Labour Law and Inclusive Development: The Economic Effects of Industrial Relations Laws in Middle-Income Countries

    3. No Access

      Book Chapter

      Pages 211-235

      Access to Justice in India

    4. No Access

      Book Chapter

      Pages 237-248

      Access to Justice in Latin America: Challenges to Classifying Legal Development in the Region

    5. No Access

      Book Chapter

      Pages 249-277

      Access to Justice in Indochinese Countries

    6. No Access

      Book Chapter

      Pages 279-296

      Access to Justice in Central Asian Countries

  5. Legal Cultures and Legal Reforms

    1. Front Matter

      Pages 297-297

    2. No Access

      Book Chapter

      Pages 299-322

      Push and Pull of Judicial Demand and Supply

    3. No Access

      Book Chapter

      Pages 323-330

      Why Is Litigation Density So Low in Japan? And What Are the Factors That May Have an Impact on It?

    4. No Access

      Book Chapter

      Pages 331-345

      The Legal Commentary Culture in China

  6. From Functional Comparisons to Strategic Choice

    1. Front Matter

      Pages 347-347

    2. No Access

      Book Chapter

      Pages 349-379

      Reforming the Reformers: A Different Approach to Access Issues

    3. No Access

      Book Chapter

      Pages 381-420

      Financial Crisis as a Catalyst of Legal Reforms: The Case of Asia

    4. No Access

      Book Chapter

      Pages 421-435

      Overcoming the Civil Law/Common Law Divide by Integration: The Case of OHADA

    5. No Access

      Book Chapter

      Pages 437-458

      The Trade Offs Between Common Law and Civil Law: Are We in the Right Ball Game?

  7. Conclusion

    1. Front Matter

      Pages 459-459

    2. No Access

      Book Chapter

      Pages 461-475

      Institutional Convergence and Competition