Get Private Law in Eastern Europe: Autonomous Developments or PDF

By Christa Jessel-Holst, Rainer Kulms, Alexander Trunk

ISBN-10: 3161505891

ISBN-13: 9783161505898

Greater than twenty years have handed because the downfall of socialist platforms. To speed up transformation tactics utmost precedence used to be given to the popularity of estate rights, an crucial requirement at no cost marketplace economies. Regulators quickly got here to achieve that the good fortune of transformation was once conditioned on a extra systematic strategy in the direction of codified civil legislation and enterprise legislations. quite a few comparative legislations reports on person japanese eu states were undertaken, yet they fail to painting the dynamic in its complete scope. experiences adopting long term views and providing multi-nation comparisons are quite infrequent. In March 2009, a symposium was once held on the Hamburg Max Planck Institute for Comparative and overseas legislation to deal with those shortcomings. during this convention quantity Christa Jessel-Holst, Rainer Kulms, and Alexander Trunk gather the contributions by means of foreign coverage advisors and students from jap and South jap Europe (Bosnia and Herzegovina, Bulgaria, Croatia, Hungary, Poland, Romania, Russia, Serbia, Slovenia and Ukraine) assessing codification techniques in vintage civil legislation fields and corporate and capital marketplace legislation. regardless of related transformation difficulties, the person strategies are relocating ahead fairly disparately, oscillating among 'old' socialist codifications, legislative initiatives trustworthy to the acquis communautaire and new codifications with a exceedingly self reliant method. still, so much transformation states are united of their attempt to set up effective courtroom structures that may deal with the acquis with no being positivistic.Contributors:Jurgen Basedow, Rainer Kulms, Michel Nussbaumer, Frederique Dahan, Thomas Meyer, Alexander Komarov, Volodymyr Kossak, Jelena Perovia?, Camelia Toader, Verica Trstenjak, Christian Takoff, Tatjana Josipovia?, Meliha Povlakia?, Dusan Nikolia?, Mirko Vasiljevia?, Alexandra Makovskaya, Oleg Zaitsev, Ionu? Radule?u, Tania Bouzeva, Radu Catana?, Andras Kisfaludi, Krzysztof Oplustil, Arkadiusz Radwan

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L. 13 (2005), 521 et seq. 14 Rainer Kulms rum where Eastern Europeans, by talking to other Eastern European scholars, discovered many similarities and disparities in their transformation processes. This is a significant autonomous development which deserves a warm welcome even by the most ardent supporters of the legal origins hypothesis. Promoting Legal Reform in Eastern Europe: the EBRD Approach M ICHEL NUSSBAUMER and F REDERIQUE D AHAN * I. II. 19 1. Why a legal transition programme? 19 2. 23 III.

Table 2: Legal Sector Assessment: Level of compliance with international standards for corporate governance Very high compliance High compliance Medium compliance Low compliance Very low compliance 0 countries 8 countries 14 countries 2 countries 6 countries Hungary Lithuania Czech Republic Romania Russia Slovak Republic Slovenia Turkey Armenia Bosnia & Herzegovina Bulgaria Croatia Estonia Kazakhstan Kyrgyz Republic Latvia FYR Macedonia Moldova Mongolia Poland Serbia Uzbekistan Albania Turkmenistan Azerbaijan Belarus Georgia Montenegro Tajikistan Ukraine Source: EBRD Legal Sector Assessment on Corporate Governance 2007 3.

Also, because the work is, to a large extent, remotely initiated and supervised (due to the centralised nature of the LTP and the fact that it covers all 30 countries where the EBRD operates), maximum impact must be achieved with limited operational and financial resources. A very effective way to build consensus on the shape of a future reform is to point to what neighbouring jurisdictions have achieved. For example, when EBRD advised the Serbian government on the development of the Law on Pledges over movable assets (ultimately adopted in 2003), it was able to refer to the Hungarian, Polish and Slovak laws and the practical solutions adopted in these countries.

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Private Law in Eastern Europe: Autonomous Developments or Legal Transplants? by Christa Jessel-Holst, Rainer Kulms, Alexander Trunk

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