kaal:claim:617681-017

Defects in a civil law jurisdiction's corporate statute, such as inadequate minority shareholder protection, are more easily fixed than defects in a judiciary that fails to apply the statute predictably and uniformly.

Problems with a civil law jurisdiction's underlying statute – for example if it gives inadequate protection for minority shareholders – are also more easily fixed than problems with a judiciary that fails to apply the statute in a predictable and uniform manner.

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004), D.I.2 Differences Between Common Law and Civil Law Approaches, p. 26
https://ssrn.com/abstract=617681 · source PDF

Christian Kirchner, Richard W. Painter, Wulf A. Kaal, Regulatory Competition in EU Corporate Law after Inspire Art Unbundling Delaware's Product for Euro (2004). SSRN: https://ssrn.com/abstract=617681

• civil law jurisdictions

mechanismsupport: arguedcorporate-governance

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