A view from the compared law and the economic analysis of law of the corporate structure in latin america
DOI:
https://doi.org/10.17533/udea.esde.2400Keywords:
economic analysis of Law, legal transplants, corporate governance, Comparative Law, Corporate Law, Latin American corporations, convergence of legal institutions, conflicts between majority and minority shareholdersAbstract
Although the globalization offers important opportunities for the developing countries, including the associated profits to the access to larger markets, creates an interdependency that is usually connected with homogeneous regulations.
One problem associated with globalization refers to the indiscriminate imposition of models and international schemes to achieve convergence. In some cases, this happens without keep in mind the diversity and local traditions. The increased presence of international agencies specialized in consulting services related to the convergence of legal institutions can demonstrate their challenging nature.
The frequent absence of an appropriate process of adaptation to the cultural and economic realities of the recipient country can certainly determine the failure of a legal transplant. Such importation of rules has already happened in the law of the corporate structure in Latin America.
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