Download or read book Reforming the French Law of Obligations written by John Cartwright and published by Bloomsbury Publishing. This book was released on 2009-04-17 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2005 Avant-projet de réforme du droit des obligations et de la prescription, also dubbed the Avant-projet Catala, suggests the most far-reaching reform of the French Civil code since it came into force in 1804. It reviews central aspects of contract law, the law of delict and the law of unjustified enrichment. There is currently a very lively debate in France as to the merits or the demerits of both the particular draft provisions and the general idea of recodification as such. This volume is the first publication to introduce the reform proposals to an English speaking audience. It contains the official English translation of the text, and distinguished private lawyers from both England and France analyse and assess particularly interesting aspects of the substantive draft provisions in a comparative perspective. Topics covered include negotiation and renegotiation of contracts, la cause, the enforcement of contractual obligations, termination of contract and its consequences, the effects of contracts on third parties, the definition of la faute, the quantification of damages, and the law of prescription. The volume also contains an overall assessment of the draft provisions by one of the most senior French judges who chaired the Working Party on the Avant-projet, established by the French Supreme Court, the Cour de cassation. The book is indispensable for comparative private lawyers and lawyers with a particular interest in French law. It is also of use to all private lawyers (both academics and practitioners) looking for information on recent international and European trends in contract and tort.
Download or read book Les bases thiques pour le droit et la soci t written by and published by Martinus Nijhoff Publishers. This book was released on 1986-10-20 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Problèmes de Conflits de Lois en Matière de Filiation, Jacques Foyer Jacques Foyer, Professor at the University of Paris II, notes in introduction of his course that it can be enlightening to compare the different modern methods of solution of the conflict of laws regarding filiation. The study of the different systems shows that there exist at least three methods to contradict the classic choice-of-law rule. The course is structured around the analysis of these three methods. Firstly, it is the criticism of the rigid character and the unpredictability of the traditional rule that triggers the temptation of a manipulation of the choice of law rule. The author then points out that one could question its abstract and arbitrary character, which leads on the one hand to an attempt to hierarchization, and on the other hand, to a diversification of the choice-of-law rules. Lastly, it is the principle of the foreign law's purpose to govern legal relationships in the same way as the lex fori that is questioned, which leads to its partial elimination to the profit of a more or less systematic application of the territorial law or of the one of the court hearing the action. General Course on Private International Law, Friedrich K. Juenger According to Friedrich Juenger, Professor at the University of California in Davis, the outstanding characteristic of the conflict of laws is the lack of consensus on the discipline's goals and methods. He proposes to put the accent in his course on the events for which public international law must find a solution in order to avoid the constant danger that threatens the discipline: that is, to become a simple academic game. Three examples of reported cases and the kinds of issues they raise are given in the Introduction. Professor Juenger next gives a detailed historical overview of the conflict of laws, from Antiquity to Mancini. In addition, the author presents the emergence of new orthodoxies, or rather proposes to re-examine the traditional doctrines, and points out the advantages of a teleological approach. That allows him to revisit the three cases mentioned in the Introduction. Les Bases éthiques pour le Droit et la Société Perspectives de la Commission indépendante sur les questions humanitaires internationales, Sadruddin Aga Khan Conference of July 30, 1985 Sadruddin Aga Khan, President of the Independent Commission on International Humanitarian Issues, recalls in his course on the ethical bases of law and society that the role of the commission he presides is to remind us of the basic elements of a code of ethics which has the same spiritual significance as that found in all major religions. Lawyers as well as scientists, adds the author, must mobilize their immense resources, bearing in mind that the rule of law should never disregard moral appreciation.
Download or read book The International Handbook of Social Enterprise Law written by Henry Peter and published by Springer Nature. This book was released on 2022-12-29 with total page 949 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open-access book brings together international experts who shed new light on the status of social enterprises, benefit corporations and other purpose-driven companies. The respective chapters take a multidisciplinary approach (combining law, philosophy, history, sociology and economics) and provide valuable insights on fostering social entrepreneurship and advancing the common good. In recent years, we have witnessed a significant shift of how business activities are conducted, mainly through the rise of social enterprises. In an effort to target social problems at their roots, social entrepreneurs create organizations that bring transformative social changes by considering, among others, ethical, social, and environmental factors. A variety of social enterprise models are emerging internationally and are proving their vitality and importance. But what does the term “social enterprise” mean? What are its roots? And how does it work in practice within the legal framework of any country? This handbook attempts to answer these questions from a theoretical, historical, and comparative perspective, bringing together 44 contributions written by 71 expert researchers and practitioners in this field. The first part provides an overview of the social enterprise movement, its evolution, and the different forms entities can take to meet global challenges, overcoming the limits of what governments and states can do. The second part focuses on the emergence of benefit corporations and the growing importance of sustainability and societal values, while also analyzing their different legal forms and adaptation to their regulatory environment. In turn, the last part presents the status quo of purpose-driven companies in 36 developed and emerging economies worldwide. This handbook offers food for thought and guidance for everyone interested in this field. It will benefit practitioners and decision-makers involved in social and community organizations, as well as in international development and, more generally speaking, social sciences and economics.
Download or read book The Future of the Commercial Contract in Scholarship and Law Reform written by Maren Heidemann and published by Springer. This book was released on 2018-11-02 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores commercial contract law in scholarship and legal practice, suggests new research agendas and provides a forum for debate of typical issues that might benefit from further attention by scholarship and legislatures. The authors from over ten different jurisdictions take an international and comparative approach. Not confined to EU law it re-opens the debate internationally and seeks to reclaim the wider meaning of European law as rooted in geography and cultural legal heritage. There is a need to focus on commercial contracts in more detail in research and legislation. The transactional approach, the role of recent law reform, including the new French Civil Code, cross-border dealings, substantive contract law in public international law and ICSID arbitration as well as current contractual practices like OEM, CSR, contractual co-operation, sustainability and intra-corporate arbitration contribute to a wider regulatory outlook for commercial transactions.
Download or read book Comparative Corporate Governance written by Klaus J. Hopt and published by Walter de Gruyter GmbH & Co KG. This book was released on 2015-02-06 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate governance has become an important issue in all industrial economies. This text has grown out of a conference entitled Comparative Corporate Governance, An International Conference, United States - Japan - Western Europe which considered the subject.
Download or read book The Law of Third Sector Organizations in Europe written by Antonio Fici and published by Springer Nature. This book was released on 2024-02-01 with total page 365 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents and discusses the law of third sector organizations in a selected number of European Union countries and in a comparative perspective, with the aim of providing a common basis for further legal analyses or legislative advancements both at the national and supranational level. The book is divided into two parts. Chapters in Part I present the ways in which each national jurisdiction deals with the group of organizations identified by the authors as “third sector organizations”, regardless of the ways in which these organizations are denominated or are commonly known in each country or the place in which their regulation is found. Chapters in Part II share a synthesis and comparative approach and draw the lines for further developments of the research activity culminated in the book.
Download or read book Abuse of Companies written by Hanne S. Birkmose and published by Kluwer Law International B.V.. This book was released on 2019-09-05 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether the corporate form is used to avoid liabilities or cover illegal acts, or whether abuse is practised to obtain certain advantages, the subject of this first-ever in-depth survey and analysis garners more attention every day – both in legal literature and in popular media. Taken together, the authoritative contributions in this book clearly and comprehensively reveal typical situations where abuse may take place and how company law and other areas of law have tackled these incidents and practices in a variety of key jurisdictions. Focusing on Europe but with global implications, the topics raised include the following: how group structures may be used by multinational enterprises to escape regulation and avoid taxation; whether the decision to incorporate a company in a particular jurisdiction may be abusive; companies set up for the purpose of money laundering; letterbox companies formed as a front to allow a company to benefit from one legal regime and avoid others; ex post transfers of seats such as cross-border mergers and conversions; when the use of phoenix companies may constitute an abuse of the corporate form; how corporate mobility is used to circumvent worker participation; and how online company formation and technological innovation may foster abuse. This book helps to explain how the line is drawn between abuse and (creative) use of the corporate form. Remedies covered include restricting the use of bearer shares, setting minimum capital requirements, piercing the corporate veil, ensuring transparency of beneficial ownership, using insolvency law to lodge claims against directors and shareholders and recover assets, and applying the general principle prohibiting abuse. There is no other book on the market focusing on abuse of companies and giving such a comprehensive analysis of the topic. Practitioners will get guidelines on how to avoid becoming involved in activities that may constitute abuse and how to address instances where abuse has occurred, and interested academics, legislators, and enforcement authorities in Europe and beyond will find this book’s perspectives invaluable.
Download or read book Handbook of Top Management Teams written by F. Bournois and published by Springer. This book was released on 2010-10-29 with total page 725 pages. Available in PDF, EPUB and Kindle. Book excerpt: Questions of company governance have been examined over the years, but this has generally been in areas concerning shareholders. Meanwhile the management team and board of directors remain comparatively unexplored. This book has been written to provide a way into this relatively unknown world of executive committees.
Download or read book Crime Histoire et Soci t s 2001 1 written by and published by Librairie Droz. This book was released on with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Changing Times Germany in 20 Th Century Europe Les Temps Qui Changent L Allemagne Dans L Europe Du 20 E Si cle written by Jürgen Elvert and published by Peter Lang. This book was released on 2008 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceedings of the doctoral summer seminar, «Changing times. Germany in 20th-Century Europe: Continuity, Evolution and Breakdowns», organised by the European Academy of Yuste Foundation in cooperation with the SEGEI network, in the Royal Monastery of Yuste and Palace of Charles V (10th-15th September 2007). Actes du séminaire doctoral d'été, « Les temps qui changent. L'Allemagne dans l'Europe du 20e siècle: Continuité, évolution et rupture », organisé par la Fondation Académie Européenne de Yuste et le réseau SEGEI dans le Monastère Royal de Yuste et le Palais de Charles Quint (du 10 au 15 septembre 2007).
Download or read book Encuesta de derecho comparado sobre las sociedades por acciones written by Mario Rotondi and published by . This book was released on 1974 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Cross Border Mergers written by Thomas Papadopoulos and published by Springer Nature. This book was released on 2019-09-28 with total page 511 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume focuses on specific, crucially important structural measures that foster corporate change, namely cross-border mergers. Such cross-border transactions play a key role in business reality, economic theory and corporate, financial and capital markets law. Since the adoption of the Cross-border Mergers Directive, these mergers have been regulated by specific legal provisions in EU member states. This book analyzes various aspects of the directive, closely examining this harmonized area of EU company law and critically evaluating cross-border mergers as a method of corporate restructuring in order to gain insights into their fundamental mechanisms. It comprehensively discusses the practicalities of EU harmonization of cross-border mergers, linking it to corporate restructuring in general, while also taking the transposition of the directive into account. Exploring specific angles of the Cross-border Mergers Directive in the light of European and national company law, the book is divided into three sections: the first section focuses on EU and comparative aspects of the Cross-border Mergers Directive, while the second examines the interaction of the directive with other areas of law (capital markets law, competition law, employment law, tax law, civil procedure). Lastly, the third section describes the various member states’ experiences of implementing the Cross-border Mergers Directive.
Download or read book Corporate Social Responsibility in Times of Geopolitical Uncertainty written by Mariia Domina and published by Ethics International Press. This book was released on 2024-08-30 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses the evolving nature of corporate social responsibility in times of geopolitical uncertainty. This uncertainty is prompted by geopolitical risks faced by modern companies, such as the COVID-19 pandemic and climate change, as well as social and economic consequences of wars in Ukraine and elsewhere. Such geopolitical risks undeniably raise questions as to what the new “ethical” norm of corporate conduct should be. This book strives to evaluate the effectiveness of European legal approach regarding the conduct of commercial companies in the times of geopolitical uncertainty. Amongst jurisdictions considered in the book, a particular attention is paid to France. It is one of the leading European countries when it comes to the regulation of corporate conduct vis-à-vis the interests of a large group of stakeholders. As a case study to assess the effectiveness of European legal approach, the book looks at the geopolitical risks provoked by the war in Ukraine. This unique and timely study fills a void in this important area of research by exploring key arguments related to what corporate conduct is, or should be considered as “ethical” in times of geopolitical uncertainty.
Download or read book Uniform Rules for European Contract Law written by Francisco de Elizalde and published by Bloomsbury Publishing. This book was released on 2018-06-28 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last 30 years, the evolution of acquis communautaire in consumer law and harmonising soft law proposals have utterly transformed the landscape of European contract law. The initial enthusiasm and approval for the EU programme has waned and, post Brexit, it currently faces increasing criticism over its effectiveness. In this collection, leading academics assess the project and ask if such judgements are fair, and suggest how harmonisation in the field might be better achieved. This book looks at the uniform rules in the context of: the internal market; national legislators and courts; bridging the gap between common and civil law; and finally their influence on non-member states. Critical and rigorous, it provides a timely and unflinching critique of one of the most important fields of harmonisation in the European Union.
Download or read book Droit de la finance alternative written by Jean-Marc Moulin and published by Bruylant. This book was released on 2017-05-11 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: La finance est en crise ; mais elle est indispensable à la vie des hommes en société. Cependant, il serait abusif de considérer "la finance" comme un tout homogène. En effet, loin de la finance conventionnelle qui fait la une de l'actualité, il existe une finance dite alternative qui tente de placer et de maintenir l'Homme au centre de son projet et à l'horizon de son ambition. Cet ouvrage, premier du genre, se propose de présenter sous forme d'études réalisées par des spécialistes du droit financier, les manifestations de cette finance alternative, les outils, instruments et techniques juridiques qui existent et qui permettent de concilier finance et humanisme. À travers l'analyse des critères de développement durable ou religieux appliqués à la finance, des monnaies alternatives, du microcrédit, de la notation extra-financière, du mutualisme et du coopératisme en finance, du crowdfunding, des fonds éthiques, du financement associatif, du financement alternatif de l'habitat ou du soutien des collectivités publiques aux entreprises, ce livre fait, en France comme en Espagne, au Royaume-Uni, en Grèce et au Canada, un tour d'horizon complet de ce segment du secteur financier souvent méconnu et qui offre néanmoins aux Hommes de réaliser leurs projets dans la perspective d'un mieux-être collectif. Pour rompre avec l'idée que la finance n'est que spéculation et prédation.
Download or read book Analyses Legales Et Economiques Sur Les Entreprises Multinationales written by Klaus J. Hopt and published by . This book was released on 1982 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt:
