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Article: Derivative Action in China: Path Dependence Revisited

TitleDerivative Action in China: Path Dependence Revisited
Authors
Issue Date2016
PublisherWildy, Simmonds and Hill Publishing. The Journal's web site is located at http://www.wildy.com/isbn/1477-0814/journal-of-comparative-law-annual-subscription
Citation
The Journal of Comparative Law, 2016, v. 11, p. 151-162 (Forthcoming) How to Cite?
AbstractThe path dependence approach, developed by economists, has begun to be used by political scientists and legal scholars in different areas. The present writer has also adopted this approach to explain problems of legal transplantation of the derivative action in Japan and South Korea. In this note China is chosen to determine whether transplantation of the derivative action can equally be illuminated by the path dependence approach. If the path dependence approach is successful with respect to China, our understanding will be enhanced with respect to the transplantation of more general legal or political institutions. This note also examines the failure to use the derivative action brought by minority shareholders in listed companies in China, even though minority stockholders in limited liability companies or private companies in China are relatively active in using the institution.
Persistent Identifierhttp://hdl.handle.net/10722/231989
ISSN

 

DC FieldValueLanguage
dc.contributor.authorYu, G-
dc.date.accessioned2016-09-20T05:26:50Z-
dc.date.available2016-09-20T05:26:50Z-
dc.date.issued2016-
dc.identifier.citationThe Journal of Comparative Law, 2016, v. 11, p. 151-162 (Forthcoming)-
dc.identifier.issn1477-0814-
dc.identifier.urihttp://hdl.handle.net/10722/231989-
dc.description.abstractThe path dependence approach, developed by economists, has begun to be used by political scientists and legal scholars in different areas. The present writer has also adopted this approach to explain problems of legal transplantation of the derivative action in Japan and South Korea. In this note China is chosen to determine whether transplantation of the derivative action can equally be illuminated by the path dependence approach. If the path dependence approach is successful with respect to China, our understanding will be enhanced with respect to the transplantation of more general legal or political institutions. This note also examines the failure to use the derivative action brought by minority shareholders in listed companies in China, even though minority stockholders in limited liability companies or private companies in China are relatively active in using the institution.-
dc.languageeng-
dc.publisherWildy, Simmonds and Hill Publishing. The Journal's web site is located at http://www.wildy.com/isbn/1477-0814/journal-of-comparative-law-annual-subscription-
dc.relation.ispartofThe Journal of Comparative Law-
dc.titleDerivative Action in China: Path Dependence Revisited-
dc.typeArticle-
dc.identifier.emailYu, G: ghyu@hkucc.hku.hk-
dc.identifier.authorityYu, G=rp01276-
dc.identifier.hkuros266802-
dc.identifier.volume11-
dc.identifier.spage151-
dc.identifier.epage162-
dc.publisher.placeUnited Kingdom-

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