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  • Commercial Law
25 Sep 2017

The Anglo-Saxon Origins of the Latin American Trust

Sergio Rodríguez Azuero

Many business and financial transactions in Latin America are designed through business trusts (‘fideicomiso’). The Latin American trust is generally used for different business purposes, including...

OBLB categories

  • Corporate Governance
14 Sep 2017

Best Interests – Multifaceted but not Unbounded

Rosemary Teele Langford

The duty to act in good faith in the interests of the company (now the duty to promote the success of the company in s 172 Companies Act 2006 (UK)) is the central fiduciary duty of company directors...

OBLB categories

  • Commercial Law
28 Jun 2017

A Comparative Analysis of the Frustration Rule: Possibility of Reconciliation Between Hong Kong-English ‘Hands-off Approach’ and German ‘Interventionist Mechanism’

Gordon Chung

In a recent paper of mine, I conduct a comparative analysis on the general frustration rule with reference to two legal systems – Germany and Hong Kong. When considering how to deal with changed...
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OBLB categories

  • Commercial Law
31 Jan 2017

Comparative Contract Law and Development: The Missing Link?

Mariana Pargendler

Does contract law matter from an economic standpoint? If so, differences in the laws of contract across various jurisdictions may produce divergent economic outcomes. Given the centrality of...

OBLB categories

  • Commercial Law
  • Corporate Governance
06 Jan 2017

Mapping Shareholders’ Duties

Hanne Birkmose | Florian Möslein

Recent developments in European company law and capital market law have heralded a break with the traditional perception in company law that shareholders have no duties when they invest in companies...

OBLB categories

  • Commercial Law
  • Corporate Governance
28 Aug 2016

Directors’ Duties and Stakeholder Interests: Comparing India and the United Kingdom

Mihir Naniwadeka | Umakanth Varottil

An existential (but problematic) question in company law relates to the very purpose for which companies are incorporated and managed. Are companies to be run solely for the purpose of maximizing the...
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OBLB categories

  • Commercial Law
04 Aug 2016

Comparative Corporate Insolvency Law

Horst Eidenmüller, St Hugh's College

Interest in comparative corporate insolvency law has grown considerably in recent years, driven by various factors. It is increasingly recognized that (corporate) insolvency laws have a significant...

OBLB categories

  • Corporate Governance
21 Jul 2016

Learning from the Swiss Corporate Governance Exception

Massimiliano Vatiero

Swiss corporate governance, which according to legal origin theory should belong to a civil law system, is characterized by diffused corporate ownership, weak labour protection, and radical...
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OBLB categories

  • Financial Regulation
29 Jun 2016

Short Selling Restrictions in the EU and the US: A Comparative Analysis

Elizabeth Howell

Short selling is a sensitive topic. Setting aside moral concerns about selling something one does not own, short sellers can provide convenient targets of criticism as the practice allows investors...

OBLB categories

  • Financial Regulation
17 Apr 2016

The Evolution of Corporate Law in Canada: Towards Regulatory Competition?

Stéphane Rousseau

In the United States, the impact of regulatory competition on the evolution of corporate law has generated an intense and long lasting debate opposing the “race to the bottom” and “race to the top”...

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