Comparative business law is important because it allows you to study investments in other states.
1. Introduction
Below we develop the branches of comparative business law, among which comparative commercial law stands out.
Then we explain the macro comparison and the micro comparison
Later we study the background of this research paper, noting that it has no history.
Next we develop the Teaching of comparative business law.
Then we explain the corporation in comparative law.
Later we study the merger and division in comparative law, institutions that certainly are very important in this legal discipline.
Below we develop the corporate types in comparative law.
Then we explain the business background in comparative law.
Later we study the employment contract in comparative law.
Next we develop the commercial code in comparative law and the Codification in comparative law.
Then we explain Taxation in comparative law.
Later we studied the criminal law of the company in comparative law, securities in comparative law, bill of exchange in comparative law, the stock market in comparative law, notarial law in comparative law, registry law. Comparative, Comparative Business Procedural Law, Contract Law in Comparative Law, Business Contracts in Comparative Law, Guarantees in Comparative Law, Regulatory Law in Comparative Law, Individual Limited Liability Company in Comparative Law, the Tax Registry of installment sales in comparative law, the extrajudicial execution of the mortgage in comparative law and associative contracts in comparative law.
2. Definition
It is convenient that comparative business law is defined in this headquarters, since it allows having a more accurate knowledge of the subject matter of research.
Comparative business law is the legal discipline of business and comparative law that applying the comparative method studies the similarities and differences of business law in different states.
3. Importance of the topic
In all research it is important to develop the importance of the subject in order to have a broader approach to the subject matter of study.
It is convenient for our purposes to make a study of comparative business law, since corporate lawyers and those dedicated to business activities many opportunities open branches of their companies abroad.
In other words, comparative business law is important because it allows studying investments in other states.
Furthermore, it is important to study this legal discipline because it has not been developed by the writers.
4. Knowledge area
The present work has as its area of knowledge all business law and comparative law, and the area of knowledge is also corporate law, a legal discipline that is part of business law, or company law or business law.
5. Branches of comparative business law
Some legal disciplines are divided into several branches of law such as procedural, commercial, contractual and business law, among other branches of law.
Therefore we must specify that comparative business law has as many branches as there are business law branches.
Comparative business law has the following branches of law: comparative corporate, comparative card, comparative bankruptcy, comparative stock exchange, comparative company criminal, comparative tax, comparative labor, comparative commercial or mercantile, among other branches of comparative corporate law.
6. Macro comparison
Macrocomparison is the comparison of large parts of the law, in this sense if the business law of two or more states is compared completely or completely, we are faced with a macrocomparison assumption. Another assumption of macro comparison is if two trade codes are compared comprehensively.
7. Micro comparison
Microcomparison is the comparison of small parts of the law, so if you compare the corporation in two or more states we are faced with an assumption of microcomparison. Another assumption of microcomparison is if you compare income tax in two or more states.
8. Background of this research work
In all research it is important to determine if it has a history, since in case of having them it is important to do a prior review of them.
This comparative business law work has no background, so it is justified to investigate on this topic.
9. Teaching of comparative business law
There are few chairs of comparative business law, however, it is clear that in the Master of Business Law organized by the University of Lima the Comparative Business Law course is taught, which allows understanding the importance of this legal discipline in order to deepen the studies on it and thus have greater knowledge of the aforementioned legal discipline.
10. The corporation in comparative law
The corporation is the most important corporate type, because it brings together the largest capitals, and we must specify that it is regulated in Peru, Argentina, Spain, among other states.
11. Merger in comparative law
The merger is one of the most important institutions of corporate law, for which reason it is convenient to carry out the corresponding study at this headquarters and we must specify that it is regulated in Argentina, Spain, Mexico, Peru, among other states.
12. The split in comparative law
The spin-off is one of the most important institutions of company law, for which reason it is convenient to carry out the corresponding study at this headquarters and we must specify that it is regulated in Argentina, Mexico, Peru, among other states.
13.Company types in comparative law
The corporate types are the classes of companies existing in a state, for which we must specify that they vary according to the law of each state, however, it is clear that the corporation is the best-known corporate type in comparative business law.
14. The business fund in comparative law
The business fund is the set of assets of the company, for which we must specify that in some states it is expressly regulated, as in the case of Argentina, however, in the Peruvian state it is not regulated.
It is necessary to specify that in Peruvian law there is a preliminary draft of the business framework law in which said legal figure is regulated, but it is clear that it is not in force.
In Peruvian law this topic is not very widespread, as it is not regulated in current positive Peruvian law. But in other states such as Argentina, if this topic of corporate law is widespread.
15. The employment contract in comparative law
The employment contract is important in comparative law, for which we must specify that in this matter Peruvian labor law is quite developed.
In the Peruvian state, contracts subject to modality and other contracts are regulated.
In some other states the different modalities of the employment contract are not regulated.
16. Commercial code in comparative law
Not all states have a commercial code, so we must specify that a characteristic of Peruvian business law is that it has a commercial code.
A special code is characterized by being a normative body that regulates many institutions of the regulated branch of law, but in the Peruvian case for having undergone the code in question a decoding process no longer regulates companies, nor securities, nor the bankruptcy law, or stock market law, for which we can affirm that the Peruvian commercial code of 1902 is almost obsolete. But it is clear that it regulates other issues such as insurance, part of which is in force.
17. Codification in comparative law
Codification is not taken into account in all legal families, therefore, in the common law legal family there are no codes.
Therefore, there is no decoding or recoding in said legal family.
18. Taxation in comparative law
Taxation is studied by tax law, in this sense we can affirm that in the different states the same taxes are not regulated, however, it is clear that in Peruvian law income tax stands out for its importance.
19. Criminal law of the company in comparative law
It is important to study corporate criminal law in order to have a comprehensive approach to comparative law.
In not all states are the same crimes and criminal liability of the legal person regulated.
However, it is clear that in all states crimes are committed, equally in all states criminal penalties are imposed.
However, a distinction must be made between procedural systems, among which the civil law system and the common law system stand out.
20. Securities in comparative law
Securities exist in all states, however, it is clear that not all securities are regulated in all states. The securities are regulated and studied by the cartular or exchange law. Peruvian postal or exchange law is characterized because the current securities law regulates all securities. What did not happen with the previous and first Peruvian securities law contained in law 16587.
21. The bill of exchange in comparative law
Some securities are more important than others, in this sense we are obliged to record that in comparative law the most important security or credit title is the bill of exchange, which is the first to appear in history.
22. Stock market in comparative law
It is necessary to study the stock market in comparative law in order to have a complete idea of the subject matter of study, which is why we must specify that it is more developed in the United States of America.
23. Notarial law in comparative law
Peruvian notary law belongs to the Latin notary system, for which we record that there are three notary systems and they are as follows: Latin, Anglo-Saxon and administrative notary system.
The notary system of the United States of America belongs to the Anglo-Saxon notary system, in which there is no notarial protocol and the notary is not very important.
However, for our purposes it is necessary to record that notaries exist in all states, being more important in Latin notarial systems than in other notarial systems.
24. Comparative registry law
The Peruvian registry system is a registry of rights. We must specify that according to a certain classification of registry systems, they can be classified into document registration systems and rights registration systems. In the former, the registry only determines which are the possible owners. In the latter, the registry determines who the registrant is exclusively.
25. Comparative business procedural law
Business procedural law must be taken into account in this branch of comparative law, for which we must specify that in Spain there is no civil procedural code, but rather a civil prosecution law.
In comparative law, deadlines, procedural routes, procedural principles, and procedural systems vary, among other issues of corporate procedural law.
26. Contract law in comparative law
In comparative law the same contracts are not regulated by positive law, in this sense in Peruvian law the company lease contract is not regulated, but the company sale and purchase contract.
27. Business contracts in comparative law
Business contracts vary in comparative law, so it is clear that in the different states the regulation is not the same, in this sense the fact of being typical or atypical varies in the law of the different states, which is necessary to have taken into account in comparative law.
28. Guarantees in comparative law
The guarantees are security measures for the fulfillment of the obligations that can be real rights of guarantee, or securities, or contracts, or insurance.
Therefore we must specify that in comparative law there is much similarity in this matter.
However, it is clear that title insurance is not held in Peruvian law.
29. Regulatory law in comparative law
In the Peruvian state, INDECOPI, the BCR, OSINERG, OSITRAN, SUNASS, among others, are regulatory agents, for which reason it is necessary to specify that their names vary in comparative law, as does their existence.
30. The individual company with limited liability in comparative law
The individual company with limited liability is the one-person legal person, so the legal person is not the same as the collective person.
The individual limited liability company is a legal entity when it is registered in public registries and it is necessary to record that almost in all states it is not allowed.
31. Tax record of installment sales in comparative law
The tax registry of installment sales was regulated in the Peruvian state, however, with the security guarantee law of 2006 it has been repealed, however, some rights of other states regulate it.
32. Extrajudicial execution of the mortgage in comparative law
In the Peruvian state the execution or realization of the mortgage is judicial, however, in other states it is extrajudicial, for example it is extrajudicial and judicial alternately in Spanish law.
33. Associative contracts in comparative law
Peruvian law regulates only two associative contracts such as the joint venture and the Consortium.
However, there is also the Joint Venture and it is necessary to specify that for some authors in the Peruvian state this is regulated with the name of consortium, that is, they specify that due care has not been taken when legislating.
Associative contracts are concluded in the law of all states.
