Legal Evolution and Hybridisation

This is a book on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law and seeks to establish new perspectives to explain the mechanism of legal reception.
Author(s):
Matteo Solinas
Series:
Ius Commune Europaeum
Volume:
126
book | published | 1st edition
April 2014 | xxii + 247 pp.

Paperback
€64.-


ISBN 9781780682075


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Details

This is a book on comparative law and legal change. With a focus on corporate law and the law of personal property, it reviews the current state of the comparative debate on the evolution of law and seeks to establish new perspectives to explain the mechanism of legal reception. It finds the comparative discussions centred on the appropriateness of describing the movement of law from one country to another in terms of ‘legal transplants’ perplexing and lacking in a convincing inquiry into the reception process. In an attempt to fill that gap, this study contends that certain recent contributions on culture contact and culture change provide an interesting explanation for the circulation of juridical models across national boundaries. More precisely, this study argues that the notion of hybridity, as originated in postcolonial theory, offers a formidable conceptual means to examine the intricacies of legal evolution, to refine and to give content to the observation of the reception of law.

The analysis in comparative jurisprudence put forward in this book does not rest exclusively on theoretical grounds. The complexities of the themes involved are explored and tested by focusing on a case study. This is the legal mechanism by which shares in companies are transferred in England under the direct and indirect holding systems.

Chapters

Table of Contents (p. 0)

Introduction (p. 1)

PART I. THE IDEA OF HYBRIDITY IN COMPARATIVE LAW

Chapter 1. The Debate on the Diffusion of Law (p. 5)

Chapter 2. The Leitmotif of the Book (p. 23)

Chapter 3. Hybridisation and Legal Reception (p. 35)

Summary of Part I (p. 45)

PART II. THE CIRCULATION OF SHARES

Introduction to Part II (p. 47)

Chapter 4. The Transfer of Registered Shares (p. 51)

Chapter 5. The Transfer of Share Warrants to Bearer (p. 109)

Summary of Part II (p. 133)

PART III. THE TRANSFER OF (INTERESTS IN) SHARES

Introduction to Part III (p. 137)

Chapter 6. Indirect Holding and the Process of Legal Evolution (p. 141)

Chapter 7. The Protection of the Innocent Transferee of Intermediated Shares (p. 175)

Summary of Part III (p. 213)

Conclusions (p. 217)

Bibliography (p. 225)

About the series:

Ius Commune Europaeum

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The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.

The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.

Guidelines for the submission of a manuscript or proposal can be found here.

Editorial Board
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).


More about this series