Friday, August 3, 2012

Comparative Business Law


SUMMARY:

1. Introduction .- 2. Definition .- 3. Importance of the subject .- 4. Area of ​​knowledge .- 5. Branches of comparative business law .- 6. Macrocomparación .- 7. Microcomparación .- 8. Background of this research .- 9. Teaching comparative business law .- 10. The corporation in comparative law .- 11. The merger in comparative law .- 12. The split in comparative law .- 13. Corporate types in comparative law .- 14. The enterprise fund in comparative law .- 15. The employment contract in comparative law .- 16. Commercial Code in comparative law .- 17. Coding in comparative law .- 18. Taxation in comparative law .- 19. Criminal law firm in comparative law .- 20. Securities in comparative law .- 21. The bill of exchange in comparative law .- 22. Stock market in comparative law .- 23. Notarial law in comparative law .- 24. Compared registry law .- 25. Business compared procedural law .- 26. Contract law in comparative law .- 27. Business contracts in comparative law .- 28. Guarantees in comparative law .- 29. Levy in comparative law .- 30. The individual company with limited liability in comparative law .- 31. Sales tax registration installment in comparative law .- 32.

Extrajudicial execution of the mortgage in comparative law .- 33. Associative contracts in comparative law .-

1. INTRODUCTION

Agree that all research be introduced by allowing the same prior knowledge so they can better spread the subject matter of study.

In this paper we develop comparative corporate law which is very useful to comparativists, corporate lawyers and jurists dedicated to business activity.

We first define the comparative corporate law, which has not been made by the writers.

Then review the importance of the subject.

Later we will study the subject area of ​​corporate law compared.

Then develop the branches of business law compared, among which comparative commercial law.

Then explain the macrocomparación and microcomparación

Then we study the background to this research, noting that no history.

Then develop the teaching of comparative business law.

Then explain the corporation in comparative law.

Then we study the merger and the split in comparative law, which by the way institutions are very important in this legal discipline.

Then develop the corporate types in comparative law.

Then explain the business background in comparative law.

Then we study the employment contract in comparative law.

Then develop the commercial code in comparative law and comparative law encoding.

Then explain Taxation in comparative law.

Later study of the criminal law on a comparative law, securities in comparative law, the bill of exchange in comparative law, the stock market in comparative law, notarial law in comparative law, registration law comparative business compared procedural law, contract law in comparative law, business contracts in comparative law, Guarantees in comparative law, regulatory law, comparative law, the individual company limited in comparative law, Register installment sales tax in comparative law, the extrajudicial execution of the mortgage in comparative law and contracts associated in comparative law .-

2. DEFINITION

It is desirable that this seat is defined comparative corporate law, since it allows a more accurate knowledge of the subject matter of investigation.

Compared corporate law is the legal discipline of business law and compared to applying the comparative method studies the similarities and differences of corporate law in different states.

3. IMPORTANCE OF THE ISSUE

Any investigation is important to develop the importance of the issue in order to take a broader approach of the subject matter of study.

For our purposes should make a study of comparative corporate law as corporate counsel and those dedicated to business activity many opportunities opening branches of their companies abroad.

That is, compared corporate law to study is important because investments in other states.

It is also important to study this legal discipline because it has not been developed by the writers.

4. AREA OF KNOWLEDGE

This work is the whole area of ​​knowledge business law and comparative law, and is also the area of ​​corporate law knowledge, legal discipline as part of corporate law or business law or business law.

5. BRANCHES OF COMPARATIVE CORPORATE LAW

Some legal disciplines are divided into several branches of law and procedural law, commercial, contractual and business, among other areas of law.

Therefore we must point out that compared corporate law has so many branches as branches have the right business.

Compared corporate law has the following areas of law: Corporate comparative cartular compared, compared insolvency, securities compared, compared criminal enterprise, tax compared, comparative labor, trade or business compared, among other branches of business law compared.

6. MACROCOMPARACION

The macrocomparación is the comparison of large parts of law in this regard when compared completely full or corporate law of two or more states this is a case of macrocomparación. Another assumption is macrocomparación when comparing two code comprehensively trade.

7. MICROCOMPARACION

The microcomparación is the comparison of small parts of the law, so if you compare the corporation into two or more states this is a case of microcomparación. Another assumption is microcomparación compared to income tax in two or more states.

8. BACKGROUND OF THIS RESEARCH WORK

In all research it is important to determine whether it has a history, as if it is important to them prior review them.

The present study compared business law has no antecedents which is justified by research on the subject.

9. TEACHING COMPARATIVE CORPORATE LAW

There are few comparative business law lectures, however, it is clear that the Master in Business Law organized by the University of Lima is taught the course Comparative Business Law, which allows us to understand the importance of this legal discipline to further studies on it and thus have greater knowledge of that legal discipline.

10. The corporation in Comparative Law

The corporation is the most important type of company, by bringing together the largest capitals, and must specify that it is regulated in Peru, Argentina and Spain, among other states.

11. THE FUSION IN COMPARATIVE LAW

Fusion is one of most important institutions of corporate law, so at this venue should make a proper investigation and must specify that it is regulated in Argentina, Spain, Mexico, Peru, among other states.

12. The split in Comparative Law

The division is one of the most important institutions of corporate law, so at this venue should make a proper investigation and must specify that it is regulated in Argentina, Mexico, Peru, among other states.

13. CORPORATE TYPES IN COMPARATIVE LAW

The corporate types are the kinds of societies existing in a state, for which we must point out that they vary according to the right of every state, however, it is clear that the corporation is the type of company best known in corporate law compared .

14. ENTERPRISE FUND COMPARATIVE LAW IN

The enterprise fund is the set of goods by the company for which we must point out that in some states is expressly regulated as is the case of Argentina, however, the Peruvian state is not regulated.

It should be noted that the Peruvian law exists in the draft framework law of the business in which the figure is regulated by law, but clearly not in force.

In the Peruvian law is not very widespread this issue, not to be regulated the same Peruvian positive law in force. But in other states like Argentina if it is released the proper subject of business law.

15. CONTRACT WORK IN COMPARATIVE LAW

The contract work is important in comparative law, for which we must point out that in this matter the Peruvian labor law is well developed.

In the Peruvian state regulated mode subject to contracts and other contracts.

In some other states are not regulated the different types of employment contract.

16. TRADE CODE COMPARATIVE LAW

Not all states have commercial code, so we specify that a feature of corporate law is that it has Peruvian commercial code.

A special code is characterized by a regulatory body that regulates many institutions regulated branch of the law, but in the Peruvian case for having suffered the code in a process of decoding words no longer regulates the companies or securities, or the bankruptcy law, nor the right stock, so we can say that the Peruvian commercial code 1902 is almost obsolete. But it is clear that it regulates other matters such as insurance, part of which is in force.

17. CODING IN COMPARATIVE LAW

The coding is not taken into account in all legal families, therefore, the common law legal family there are no codes.

Therefore even in this family there decoding and recoding legal.

18. TAXATION IN COMPARATIVE LAW

Taxation is considered by the tax law, in this sense we can say that in different states are not regulated the same taxes, however, it is clear that the Peruvian law stands out for its importance to the income tax.

19. CRIMINAL LAW OF COMPARATIVE LAW FIRM

The criminal law of the company is important to study, to take a comprehensive approach to comparative law.

In not all states are regulated the same crimes and the criminal liability of legal persons.

However, it is clear that in all states commit crimes in all states also impose criminal penalties.

However, one must distinguish procedural systems, among which the system of civil law and common law system.

20. SECURITIES IN COMPARATIVE LAW

The securities available in all states, however, it is clear that all states are not regulated all securities. The securities are regulated and examined by the right cartular or exchange. The right cartular or Peruvian currency is characterized by the securities law currently regulates all securities. It was not the case with the previous and first Peruvian securities law in the Act 16587.

21. LETTER OF COMPARATIVE LAW CHANGE

Some securities are more important than others, in that sense we are obliged to record that in comparative law on security or receivable is the most important bill of exchange, which is the first that appeared in the story.

22. SECURITIES MARKET IN COMPARATIVE LAW

We need to study the stock market in comparative law in order to get a full picture of the subject matter of study, for which we must point out that in United States is more developed it.

23. ATTORNEY AT LAW COMPARATIVE LAW

The right belongs to the Peruvian notarial Latin notary system, so we record that the systems are three and notary are: Latin notary system, Anglo-Saxon and administrative staff.

The notary system of the United States belongs to the Anglo notarial system in which no notary notarial and not very important.

However, for our purposes is necessary to mention that all states have notaries, notary systems having greater importance than Latinos in other notarial system.

24. COMPARATIVE LAW REGISTRY

The registration system in Peru is rights record. We must point out that according to some classification of registration systems can be classified to the same registration systems of record-keeping and registration systems of registration of rights. In the early registration only determines which are the potential owners. In the past the registration determines who is the registered proprietor exclusive manner.

25. COMPARATIVE CORPORATE LITIGATION

The procedural law of entrepreneurship needs to be taken into account in this branch of comparative law, for which we must point out that in Spain there is no civil procedure code, but Code of Civil Procedure.

In comparative law, varying deadlines, procedural way, the procedural principles, and other procedural systems of procedural law subjects own business.

26. CONTRACT LAW IN COMPARATIVE LAW

In comparative law, are not regulated the same contracts by positive law, to that effect in the Peruvian law is not regulated the lease company, but if the contract of purchase and sale of businesses.

27. BUSINESS CONTRACTS IN COMPARATIVE LAW

Business contracts vary in comparative law, making it clear that in different states, the regulation is not the same, in this sense being a typical or atypical changes in the law of different states, which is necessary to into account in comparative law.

28. GUARANTEES IN COMPARATIVE LAW

The guarantees are security measures to fulfill obligations that may be security interests, or securities, or contracts, or insurance.

Therefore we must point out that in comparative law there is much similarity in this area.

However, it is clear that the title insurance is not held in the Peruvian law.

29. Levy in Comparative Law

In the Peruvian state regulators are INDECOPI, BCR, OSINERG, OSITRAN, SUNASS, among others, which is necessary to specify the name of the same varies in comparative law, as well as the existence of them.

30. INDIVIDUAL ENTERPRISE LIMITED LIABILITY IN COMPARATIVE LAW

The limited liability company's individual legal person-person, so it is not the legal entity the corporation.

The limited liability company's individual legal entity if it runs and recorded in public records is necessary to mention that almost all states is not allowed.

31. RECORD SALES TAX INSTALLMENT IN COMPARATIVE LAW

The sales tax registration time was regulated by the Peruvian state, however, the security interest Act of 2006 has been repealed, however, certain rights of other states regulate it.

32. Extrajudicial execution of the mortgage COMPARATIVE LAW

Peruvian state in the execution or performance of the judicial mortgage is, however, in other states is out of court, for example, is extrajudicial and judicial alternately in Spanish law.

33. Contracts associated in Comparative Law

Peruvian law regulates only two associative contracts such as participation and partnership. consortium.

However, there is also the joint venture and is to be noted that for some authors in the Peruvian state is regulated by the name of the consortium, ie state that has not been taken due care when legislating.

In the law of every state contracts are associative.

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