Trade and Commercial Law Assessment - Honduras - Economic ...

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TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS No. Type Recommendation Priority Duration 6. Institutional Integrate of the Central American stock market Low Long term strengthening Draft harmonized model of regulator y and procedural standards for stock market transactions Automation of stock market Promotional campaign about the advantages of the market addressed to small investors Devise a strategic plan for full integration Strengthen the Central American Stock Market CONTRACTS No. Type Recommendation Priority Duration 1. Institutional Reform the judicial system High Long term Strengthening/ Create a separate and independent entity in charge of appointing, training and Legislative removing judges. Promote involvement of the civil society in the creation of an independent entity in charge of the judiciary. Promote respect and compliance of the Law on Judicial Career through conferences, media discussion and workshops with stakeholders. 2. Legal reform Enhance the contract legal framework Medium Long term Update the draft civil procedure code to include oral procedures. Draft laws on leasing, factoring, franchising, electronic contracts and electronic signatures. The Law on Distribution Contracts should be redrafted to make it equally fair to both parties. Set up a working group on possibility Honduras signing the Interamerican Convention on Legal Regime of Powers to be used abroad 3. Institutional Reform the legal profession Medium Long term strengthening and Draft law on legal practice and include admissibility requirements for lawyers training such as bar exam Create independent supervisory and disciplinary body for lawyers Require compliance with continuous legal education credits for lawyers. Strengthen control and supervision on law schools. Attachment 1, pg. 2
TRADE AND COMMERCIAL LAW ASSESSMENT DECEMBER 2004 HONDURAS No. Type Recommendation Priority Duration 4. Institutional Improve use of arbitration as an alternative means for settling contract disputes. See High Long term strengthening also Commercial Dispute Resolution recommendations. Create more arbitration centers Create specialized arbitration centers devoted to settling disputes of SMEs. Undertake a promotional campaign on the use of alternative dispute mechanisms Restrict the use of amparo to exceptional cases in arbitration clauses and awards by legal reform and judge training. 5. Legal Education Improve knowledge of legal professionals and law students to support the international business community more effectively. Develop/revise law school curricula to include international standards in business transactions, economic analysis of law, international principles and conventions on contracts (UNIDROIT and INCOTERMS) and enhance training on importance of rule of law, basic legal principles, foreign jurisprudence and doctrine such as “substance over form”. Introduce the case methodology to teach lawyers and judges better ways to understand the law and the merits of the cases. Conduct continuing legal education seminars for legal professionals (notaries, lawyers, judges, court clerks) on same topics. Conduct workshops for common citizens about basic legal principals. REAL PROPERTY Medium Long term No. Type Recommendation Priority Duration 1. Institutional Regularize private property. High Long term Reform/legal Monitor and support the implementation of the Property Law. reform Set up working groups of justices, lawyers, members of the presidential commission on property reform, members of the chambers of commerce and peasant associations to be coached by international experts on property reform to build consensus on property reforms. Organize workshops on the Property Law should be offered in law schools, the Bar Association, other lawyers’ associations and Instituto de Notariado Launch a promotional campaign on the benefits of the Property Law addressed to the public at large. Attachment 1, pg. 3
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Trade and Commercial Law Assessment - Honduras - Economic ...

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