Code or court: the financial-political aspect of correlation between common and civil law

• Autores: Olga Pogrebennyk
• Localización: European journal of law and economics, ISSN 0929-1261, Vol. 37, Nº 2, 2014, págs. 175-181
• Idioma: inglés
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• Resumen

  • This paper analyses the ‘law and finance theory’ and other papers which are based on it and finds that the theory has more in common with a political order than independent scientific research. This paper argues that, as our world becomes more and more globalized, common law countries in general, and case law in particular, have a little advantage when it concerns financial and business relationships. Consequently, such differences as legal origins can become a huge rift for global unity. It concludes that, in agreement with many philosophers, the best way is a ‘middle way’. It recommends the construction a new system of law, which combines the best aspects of the common and civil law families.