Los trasplantes institucionales en el campo del derecho. Una nueva perspectiva para la nueva economía institucional

摘要

New Institutional Economics (NIE) recently started to consider the usefulness of institutional transplants as a means of stimulating economic growth. However, they soon realised that these transplants generally failed due to the “path dependence” issue that caused the collision of the formal transplanted institution with the informal institutions of the host society. Are these institutional transplants something new or, on the contrary, are they a phenomenon imported from other discipline? In this article we analyse the origin of the transplants, providing an entirely legal view of the subject through the work of the jurists that have mainly studied this matter in the field of Law –especially in Comparative Law–.