Download or read book La responsabilit civile sur les march s financiers vol 581 written by Prorok and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book La responsabilit civile sur les march s financiers written by Johan Prorok and published by . This book was released on 2019-05-21 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: L'objectif de notre recherche a consisté à déterminer si le particularisme des marchés financiers nécessite un aménagement de la responsabilité civile. C'est sur le marché boursier proprement dit et pour des faits générateurs spécifiques - l'information publique défectueuse et les abus de marché - que le problème se pose dans toute son acuité, dès lors que ces faits générateurs portent atteinte au marché lui-même et peuvent donc léser l'ensemble des investisseurs. La logique multilatérale des marchés boursiers s'oppose alors frontalement à celle, individuelle, de la responsabilité civile, qui en ressort profondément affectée. Le préjudice est diffus, incertain et délicat à évaluer, et la responsabilité civile est soumise à un dilemme : faut-il réparer un préjudice classique d'altération de la décision ou bien un préjudice, plus spécifique, d'altération du marché ? Pour répondre à la question posée, nous avons eu recours au droit comparé. De lege lata, c'est dans tous les Etats l'information publique défectueuse qui suscite l'essentiel de l'intérêt : elle fait l'objet d'aménagements variés autour de la réparation d'une altération de la décision ou du cours, soit par le juge (Etats-Unis, France), soit par le législateur (Allemagne, Royaume-Uni). De lege ferenda, nous avons opéré un choix de politique juridique restrictif consistant à n'indemniser que les investisseurs s'étant fondés sur l'information, et ce tant pour l'information publique défectueuse que pour l'intervention frauduleuse sur le marché (manipulation de cours et opération d'initié). Cette conception restrictive ne nécessite aucun aménagement de la responsabilité civile délictuelle, de sorte que le droit commun doit continuer de s'y appliquer. Le particularisme du marché boursier est finalement trop important pour espérer que la responsabilité civile, même au prix d'un aménagement, puisse y jouer un véritable rôle. Il faut accepter qu'elle n'ait en la matière qu'une place résiduelle et qu'il revienne plutôt aux responsabilités pénale et administrative de jouer pleinement leur rôle afin de dissuader et d'éviter la survenance de préjudices au détriment des investisseurs.
Download or read book Cross Border Class Actions written by Arnaud Nuyts and published by Walter de Gruyter. This book was released on 2013-12-19 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether with regard to mass torts, civil-rights claims or as a means of private enforcement of antitrust and other regulatory policies: Collective redress of civil claims has been gaining in importance in Europe and worldwide. Long associated with the American model of class actions, an increasing number of EU Member States have made their own attempts at collective redress institutions. At the same time, the amendment of the Brussels I Regulation has shied away from dealing with the cross-border aspects of collective redress. In this book, a worldwide group of distinguished experts in private international law, civil procedure and regulatory law evaluate the problems of cross-border collective redress and provide proposals for a "European way" appropriate for the twenty-first century. This very topical work is, thus, indispensable for practitioners, academics, lobbyists and institutional agents.
Download or read book International Liability of State for Nuclear Damage written by Tadeusz Gadkowski and published by . This book was released on 1989 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Spanish Connection written by Eberhard Crailsheim and published by Böhlau Verlag Köln Weimar. This book was released on 2016-09-12 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: In early modern times, the city of Seville was the most important entrept̥ between the Old and the New World, attracting numerous merchants from all of Europe. They provided the American market with European merchandise, especially with textiles and metalware from Flanders and France. This book investigates the networks of Flemish and French merchants in Seville, displaying overall structures of trade as well as collective strategies of both merchant colonies.
Download or read book The Effects of Financial Crises on the Binding Force of Contracts Renegotiation Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
Download or read book Lords of Romagna written by John Larner and published by Springer. This book was released on 1965-06-18 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Principle of Numerus Clausus in European Property Law written by Bram Akkermans and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to develop a framework that can form a basis for the development of a European property law, this book provides a comparative analysis of property law from the perspective of four European legal systems and European law, focusing on the numerus clausus principle. The book offers theoretical insights on how substantive property law, European law, and, to a certain extent, private international law intersect. The principle of numerus clausus, one of the fundamental principles of property law, is adhered to by most legal systems. In this book, an analysis of the property law systems of France, Germany, the Netherlands, and England is provided. A description is given of the content of available property rights in each of these systems, followed by an examination as to whether these rights form a closed system and whether private parties are given freedom to shape property rights, or even create new types of rights. In the last decades, property law has come under pressure to allow more party autonomy. In other words, property law has become more and more subject to pressure from contract law. Private parties attempt to draft their contracts in such a way that their contractual arrangements are given property effect. Sometimes they also attempt to make use of a property right in a way that was not foreseen by legislature or courts. As a result, rights have come into existence that are intermediary between the law of contract and the law of property. Moreover, the systems of property law are also subject to a growing influence from European legislation. The development of the internal market in the European Union increasingly forces Member States to answer the question whether and, if the answer is affirmative, in what way property rights created in another Member State should be recognized. Substantive property law intersects here. Until now, national legal systems generally resist this influence of European law and use the principle of numerous clausus as a justification. It is to be questioned whether the numerus clauses principle can still act as a guardian against the influence of foreign and European law.
Download or read book Power in Economic Thought written by Manuela Mosca and published by Springer. This book was released on 2018-10-17 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a pluralistic vision of the way economists have dealt with the question of power in society over the last two centuries. Economists’ ideas about power are examined from political, theoretical and policy-making points of view, with additional discussion of the active participation of economists in the management of power. The book is organized into four main conceptions of power relations: i) Power as embedded in political institutions; ii) Power as emerging from the asymmetric relations caused by the unequal distribution of income and wealth; iii) Power as associated to the monopolistic or oligopolistic position held by some firms in the market; and iv) Power as the management of economic policies by the state. Mosca brings together contributions from a range of scholars to analyse how economists have considered the role of power, putting the discussion into a much needed historical context.
Download or read book Labour Rights as Human Rights written by Philip Alston and published by Collected Courses of the Acade. This book was released on 2005 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are efforts to protect workers' rights compatible with the forces of globalization? How can minimum standards designed to protect labour rights be implemented in a world in which national labour law is more and more at the mercy of international forces beyond its control? And does it makeany difference if we see rights such as the right to freedom of association, to non-discrimination in the workplace, to freedom from child labour, and to safe and healthy working conditions in terms of international human rights law? Or are they more appropriately seen as 'principles' to bepromoted as and where appropriate?The contributors to this volume argue that international agreements and institutions are of central importance if labour rights are to be protected in a globalized economy. But the report cards they give to the World Trade Organization, the European Union, NAFTA, and the Free Trade Agreement of theAmericas are generally very critical. While there is a strong rhetorical commitment to labour rights, at least on the part of the US and the EU, the substance of what has been achieved to date is hardly impressive. The role of the International Labour Organization is central and the authorsexplore some of the options that are open to governments, civil society, and the labour movement in the years ahead.
Download or read book Compensation for Pollution Damage written by Organisation for Economic Co-operation and Development and published by . This book was released on 1981 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book How to Find the Law written by H. A. White and published by . This book was released on 1909 with total page 24 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Creditor Rights and the Public Interest written by Janis Pearl Sarra and published by . This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Creditor Rights and the Public Interest supports the greater representation of non-traditional creditors in the process of insolvency restructuring in Canada, concentrating particularly on restructuring under the federal Companies' Creditors' Arrangement Act (CCAA). Arguing in favour of the representation of such non-traditional creditors as workers, consumers, trade suppliers, and local governments, Janis Sarra describes the existing process of addressing their interests, analyzes four case studies that focus on non-creditor groups, and compares the Canadian approach to that of several other countries, such as Germany, France, and the United States. Sarra draws on a comprehensive body of academic literature that covers a broad range of issues--insolvency theory, corporate governance theory, legislative history, and bankruptcy and insolvency practice. She further surveys the relevant legislation and supplements her analysis with insights drawn from extensive primary research of court records and personal interviews with lawyers, judges, and government officials. Creditor Rights and the Public Interest ultimately illustrates the way in which the concept of the public interest can be utilized to foreground the concerns of non-traditional stakeholders. Sarra provides a coherent account of the justification for recognizing these creditors by situating insolvency law in a legal regime that realizes a duty to maximize all of the interests and investments at stake in the corporation. In an academic field where scholarship is currently scarce, Sarra's text will be a welcome contribution.
Download or read book Ninety three written by Victor Hugo and published by . This book was released on 1908 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Oppression and Related Remedies written by Markus Koehnen and published by . This book was released on 2004-01-01 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Oppression and Related Remedies" is the definitive one stop shop for shareholder litigation. It avoids case summaries and provides a coherent, principled analysis of the factors that lead courts to one line of cases or the other by highlighting conflicting case law and analysing it. This comprehensive guide also provides detailed analysis of burgeoning related areas such as directors' liability and takeover bid litigation.
Download or read book The Time of the City written by Michael Shapiro and published by Routledge. This book was released on 2010-06-17 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: Engaging with critical theory, poststructuralist perspectives, cultural studies, film theory and urban studies, the book provides stunning insights into the micropolitics of ethnicity, identity, security, subjectivity and sovereignty.
Download or read book Alien Policy in Belgium 1840 1940 written by Frank Caestecker and published by Berghahn Books. This book was released on 2000 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: Belgium has a unique place in the history of migration in that it was the first among industrialized nations in Continental Europe to develop into an immigrant society. In the nineteenth century Italians, Jews, Poles, Czechs, and North Africans settled in Belgium to work in industry and commerce. They were followed by Russians in the 1920s and Germans in the 1930s who were seeking a safe haven from persecution by totalitarian regimes. In the nineteenth century immigrants were to a larger extent integrated into Belgian society: they were denied political rights but participated on equal terms with Belgians in social life. This changed radically in the twentieth century; by 1940 the rights of aliens were severely curtailed, while those of Belgian citizens, in particular in the social domain, were extended. While the state evolved into a "welfare state" for its citizens it became more of a police state for immigrants. The state only tolerated immigrants who were prepared to carry out those jobs that were shunned by the Belgians. Under the pressure of public opinion, an exception was made in the cases of thousands of Jewish refugees that had fled from Nazi Germany. However, other immigrants were subjected to harsh regulations and in fact became the outcasts of twentieth-century Belgian liberal society. This remarkable study examines in depth and over a long time span how (anti-) alien policies were transformed, resulting in an illiberal exclusion of foreigners at the same time as democratization and the welfare state expanded. In this respect Belgium is certainly not unique but offers an interesting case study of developments that are characteristic for Europe as a whole.
