Lex mercatoria e competizione fra ordinamenti

Journal title SOCIOLOGIA DEL DIRITTO
Author/s Pier Giuseppe Monateri
Publishing Year 2005 Issue 2005/2-3 Language Italian
Pages 12 P. File size 48 KB
DOI
DOI is like a bar code for intellectual property: to have more infomation click here

Below, you can see the article first page

If you want to buy this article in PDF format, you can do it, following the instructions to buy download credits

FrancoAngeli is member of Publishers International Linking Association, Inc (PILA), a not-for-profit association which run the CrossRef service enabling links to and from online scholarly content.

The current panorama of legal globalisation features no co-operative evolution but is marked by vigorous competition between legal orders. In particular, stark contrasts can be identified with regard to: 1. contract law, in which a rough-and-ready model of contract in the American style, focusing on the literal wording of the contract itself, clashes with a softer European model, focusing on good faith and the judge’s capacity to fill in the gaps in the written contract; 2. company law, in which a model strongly protective of the minorities, represented by strong actors in the international system, such as the American investment funds, clashes with a model that hinges on the powers of the majority, represented by the local actors who lead the companies underpinned by corporate investment collection plans; 3. property law, where a local ownership of real property conflicts with a global ownership of financial assets, inventions and patents. All of this takes place against the backdrop of competition for legal services offered to global companies by the various different national legal orders.

Pier Giuseppe Monateri, Lex mercatoria e competizione fra ordinamenti in "SOCIOLOGIA DEL DIRITTO " 2-3/2005, pp , DOI: