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Legal Evolution and Hybridisation

The Law of Shares Transfer in England

Book | 1st edition 2014 | United Kingdom | Matteo Solinas
Description

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.

Technical info
More Information
Type of product Book
Format Paperback
EAN / ISSN 9781780682075 / 9781780685359
Series name Ius Commune Europaeum
Weight 460 g
Status Available
Number of pages xxii + 247 p.
Access to exercice No
Publisher Intersentia
Language English
Publication Date Apr 24, 2014
Available on Jurisquare No
Available on Strada Belgique No
Available on Strada Europe No
Available on Strada Luxembourg No
Chapters

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  • Table of Contents
  • Introduction
  • PART I. THE IDEA OF HYBRIDITY IN COMPARATIVE LAW
  • Chapter 1. The Debate on the Diffusion of Law
  • Chapter 2. The Leitmotif of the Book
  • Chapter 3. Hybridisation and Legal Reception
  • Summary of Part I
  • PART II. THE CIRCULATION OF SHARES
  • Introduction to Part II
  • Chapter 4. The Transfer of Registered Shares
  • Chapter 5. The Transfer of Share Warrants to Bearer
  • Summary of Part II
  • PART III. THE TRANSFER OF (INTERESTS IN) SHARES
  • Introduction to Part III
  • Chapter 6. Indirect Holding and the Process of Legal Evolution
  • Chapter 7. The Protection of the Innocent Transferee of Intermediated Shares
  • Summary of Part III
  • Conclusions
  • Bibliography