Advanced Search
MyIDEAS: Login

Legal Transplants In Romanian Corporate Law Seeking For Success

Contents:

Author Info

  • RADU N. CATANA

    ()
    (Faculty of Law, Babes-Bolyai University, Cluj-Napoca, Romania)

Registered author(s):

    Abstract

    The last period has seen an enormous investment in legal reform efforts in many transition and developing economies, much of it involving the importation of legal models from mature market economies. As a growing body of economic and legal literature shows, legal reforms in transition economies were largely grounded on transplants. The challenges raised in the legal transplants process can be revealed by reuniting two major approaches. The substantial approach is meant to present the results of legal transplants by taking into consideration there compatibility with the pre-existing Romanian corporate norms. Recent reforms of Romanian Corporate Law transplanted concepts and institutions referring to: a clear separation between the management and the control functions of the Board of Directors; introduction for the 1st time of the German two-tier administration; directors' fiduciary duties; directors' dismissal for righteous cause; enhanced shareholder democracy; new shareholders remedies. These transplants commonly raised problems related to their implementation and effectiveness in the recipient system The procedural approach develops and exemplifies the limits of legal transplants efficiency by underlying the manner in which the legal transplants were chosen to be incorporated within the Romanian Company Law by the way of European Law implementation. The transposition of the acquis communautaire, prior and after the accession to the European Union (EU), revealed procedural problems concerning the legislative technique of the European Company Law implementation. The success of the legal transplants depends on the possibility of the foreign models to be adapted to the social, economic and legal performances of the recipient system.

    Download Info

    If you experience problems downloading a file, check if you have the proper application to view it first. In case of further problems read the IDEAS help page. Note that these files are not on the IDEAS site. Please be patient as the files may be large.
    File URL: http://tbs.ubbcluj.ro/RePEc/bbn/journl/2009_2_3_Catana.pdf
    File Function: Revised version, 2009
    Download Restriction: no

    Bibliographic Info

    Article provided by Babes-Bolyai University, Faculty of Business in its journal JOURNAL STUDIA UNIVERSITATIS BABES-BOLYAI NEGOTIA.

    Volume (Year): (2009)
    Issue (Month): ()
    Pages:

    as in new window
    Handle: RePEc:bbn:journl:2009_2_3_catana

    Contact details of provider:
    Postal: Str Horea nr. 7, Cluj-Napoca 400174
    Phone: 004 0264 599170
    Fax: 004 0264 590110
    Email:
    Web page: http://www.tbs.ubbcluj.ro/
    More information through EDIRC

    Related research

    Keywords: legal reform; legal models; legal transplant; Romania;

    Find related papers by JEL classification:

    References

    No references listed on IDEAS
    You can help add them by filling out this form.

    Citations

    Lists

    This item is not listed on Wikipedia, on a reading list or among the top items on IDEAS.

    Statistics

    Access and download statistics

    Corrections

    When requesting a correction, please mention this item's handle: RePEc:bbn:journl:2009_2_3_catana. See general information about how to correct material in RePEc.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: (Cornelia Pop).

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If references are entirely missing, you can add them using this form.

    If the full references list an item that is present in RePEc, but the system did not link to it, you can help with this form.

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your profile, as there may be some citations waiting for confirmation.

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.