By Christa Jessel-Holst, Rainer Kulms, Alexander Trunk
Greater than twenty years have handed because the downfall of socialist platforms. To speed up transformation techniques utmost precedence was once given to the popularity of estate rights, an crucial requirement at no cost marketplace economies. Regulators quickly got here to achieve that the good fortune of transformation was once conditioned on a extra systematic strategy in the direction of codified civil legislations and enterprise legislation. quite a few comparative legislations stories on person japanese ecu states were undertaken, yet they fail to painting the dynamic in its complete scope. stories adopting long term views and delivering multi-nation comparisons are quite infrequent. In March 2009, a symposium used to be held on the Hamburg Max Planck Institute for Comparative and overseas legislation to handle those shortcomings. during this convention quantity Christa Jessel-Holst, Rainer Kulms, and Alexander Trunk gather the contributions by means of foreign coverage advisors and students from jap and South jap Europe (Bosnia and Herzegovina, Bulgaria, Croatia, Hungary, Poland, Romania, Russia, Serbia, Slovenia and Ukraine) assessing codification approaches in vintage civil legislation fields and corporate and capital industry legislation. regardless of related transformation difficulties, the person strategies are relocating ahead rather disparately, oscillating among 'old' socialist codifications, legislative tasks trustworthy to the acquis communautaire and new codifications with a exceptionally independent strategy. still, so much transformation states are united of their attempt to set up effective court docket structures which may deal with the acquis with no being positivistic.Contributors:Jurgen Basedow, Rainer Kulms, Michel Nussbaumer, Frederique Dahan, Thomas Meyer, Alexander Komarov, Volodymyr Kossak, Jelena Perovia?, Camelia Toader, Verica Trstenjak, Christian Takoff, Tatjana Josipovia?, Meliha Povlakia?, Dusan Nikolia?, Mirko Vasiljevia?, Alexandra Makovskaya, Oleg Zaitsev, Ionu? Radule?u, Tania Bouzeva, Radu Catana?, Andras Kisfaludi, Krzysztof Oplustil, Arkadiusz Radwan
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Sample text
Rather than assessing general perceptions of effectiveness, as was the case between 1995 and 2002, the EBRD decided to try and assess the effectiveness of commercial legal reform in a more reliable and verifiable manner. This assessment gauges how the law works in practice for a given scenario. A selected law firm in each of the EBRD’s countries of operations is presented with a consistent and fixed set of facts concerning a hypothetical legal case and then asked to provide specific, Promoting Legal Reform in Eastern Europe: the EBRD Approach 31 factual answers about how the case would be resolved in practice.
As the practical outcome is compared, rather than a list of applicable rules, this approach allows for a more reliable comparison of law effectiveness across countries, providing less subjective responses. Moreover, expert respondents are encouraged to supply more detailed narrative responses to questions, providing a factual basis for their responses and opinions. There is thus more scope for exploring the flaws or bottlenecks which prevent the system from producing satisfactory outcomes. For the first case study in 2003, the EBRD secured transactions experts devised a case involving a secured creditor whose claim was not satisfied.
L. , emphasising the need to scrutinise the processes of legal change. 41 Cf. Grajzl/Grajzl-Dimitrova, The Choice in the Law-Making Process: Legal Transplants vs. Indigenous Law, Rev. L. & Econ. 5 (1) (2009), 615 et seq. 42 Cf. Reitz, Legal Origins, Comparative Law and Political Economy, Am. J. Comp. L. , Cardozo J. Int’l. & Comp. L. 13 (2005), 521 et seq. 14 Rainer Kulms rum where Eastern Europeans, by talking to other Eastern European scholars, discovered many similarities and disparities in their transformation processes.