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Book Droit des entreprises en difficult

Download or read book Droit des entreprises en difficult written by André Jacquemont and published by . This book was released on 2015-10-08 with total page 750 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le droit des entreprises en difficulté est au coeur de l'activité économique et sociale. Il s'adresse à ta fois aux débiteurs dont l'entreprise est en difficulté ou, souvent, en situation désespérée, à leurs créanciers qui vont être soumis à une discipline collective au service de la sauvegarde de l'entreprise ou de sa liquidation ainsi qu'aux salariés dont l'emploi et le paiement des salaires se trouvent fragilisés. Ce droit instable est plus complexe dans ses objectifs et ses procédures que le droit de la faillite dont il est historiquement issu. La perspective unique de ce dernier est aujourd'hui largement dépassée au profit de procédures visant à favoriser le règlement amiable des difficultés ou à prévenir la défaillance de l'entreprise en intervenant judiciairement avant sa cessation des paiements à la demande du débiteur qui se place sous la protection de la justice. Sa gestation continue est compliquée par la promulgation de nombreux textes réformant la grande loi du 26 juillet 2005. La matière s'enrichit également de la jurisprudence fournie de la Cour de cassation qui facilite l'interprétation, notamment, des conditions d'ouverture de la procédure de sauvegarde et de la mise en jeu de ta responsabilité des donneurs de crédit. Les étudiants comme les professionnels trouveront ici une présentation ordonnée des procédures et du sort des acteurs confrontés aux difficultés. De plus, sont indiqués dans le coeur des développements les principaux débats techniques et les pistes attendues de réformes à venir. La nouvelle édition de cet ouvrage présente le droit positif à jour au 6 août 2015. Il intègre notamment les ordonnances du 12 mars et 26 septembre 2014, le règlement 2015/848 du Parlement européen et du Conseil du 20 mai 2015 relatif aux procédures d'insolvabilité et la loi 015-990 du 6 août 2015 pour la croissance, l'activité et l'égalité des chances économiques.

Book Droit des entreprises en difficult

Download or read book Droit des entreprises en difficult written by André Jacquemont and published by . This book was released on 2006 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: Le droit des entreprises en difficulté est un droit instable, et assez éloigné dans ses objectifs du droit de la faillite dont il est historiquement issu. La dernière et très récente réforme - loi du 26 juillet 2005 sur la sauvegarde des entreprises, complétée par son décret d'application du 28 décembre 2005 - a tout particulièrement mis l'accent sur la nécessité de favoriser le redressement des entreprises en difficulté par un traitement amiable de ces difficultés ; et d'intervenir judiciairement, à la demande du débiteur lui-même avant que soit constatée la cessation des paiements des débiteurs. A été ainsi réorganisée la procédure de conciliation (ancien règlement amiable) en même temps que créée une nouvelle procédure collective - la procédure de sauvegarde - préventive parce que ouverte à la demande du débiteur pour éviter sa cessation des paiements. Dans tous les cas cependant, il s'agit plus d'une adaptation des procédures antérieures dans un contexte nouveau que d'une véritable création ex nihilo. Outre ces innovations, ce nouveau dispositif législatif et réglementaire a corrigé de nombreuses imperfections de la loi du 25 janvier 1985. La nouvelle édition de cet ouvrage est donc bien plus qu'une simple mise à jour. Elle a été refondue et fortement développée pour présenter le droit actuel avec toutes ses nouveautés, mais aussi ses difficultés d'interprétation, sans ignorer les solutions antérieures. Pour rester fidèle à l'esprit de la loi, l'auteur a choisi d'ordonner la présentation de la matière autour d'une double distinction : d'abord celle du traitement amiable (1° partie) et du traitement judiciaire des difficultés (2e, 3e et 4e parties) ; ensuite celle des procédures judiciaires tendant au redressement interne de l'entreprise, qu'elles soient préventives ou curatives (2e et 3e parties) et des procédures judiciaires tendant à la liquidation (4e partie). Sont enfin présentés et expliqués, en fin d'ouvrage, le sort des salariés et les responsabilités et sanctions pouvant frapper les dirigeants (5e partie). Ce manuel est conçu aussi bien pour la formation des étudiants que pour l'initiation à des recherches plus approfondies ou l'approche opérationnelle des difficultés des entreprises par les praticiens.

Book On the Take

Download or read book On the Take written by Lindy Muzila and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite broad international recognition of the criminalization of illicit enrichment, it has not been universally accepted as an anti-corruption measure. Instead, criminalization of illicit enrichment continues to generate extensive debate and controversy. Against this background, this volume aims to provide an analysis of how illicit enrichment works, and attempts to shed light on any contributions that it has made to the fight against corruption and the recovery of stolen assets. Rather than delving into the theoretical and academic debates around illicit enrichment, this study focuses primarily on the analysis of current practice, case law, and existing literature to offer a new perspective to the on-going discussions. More specifically, the volume addresses the legal framework upon which the concept of illicit enrichment rests, and the resulting policy implications of that legal framework. It also focuses on illicit enrichment as an anti-corruption mechanism, from its roots as a response to the problems inherent to prosecutions involving corruption, to an examination of elements and inchoate offenses relating to illicit enrichment under international conventions. It examines illicit enrichment jurisprudence in the global context. An extensive survey was carried out to determine the countries where the offense exists, what form it takes, how often it is used, and for countries where it doesn't, what other measures are used in its place. The authors neither recommend nor oppose the adoption of illicit enrichment provisions, but rather aim to assist jurisdictions considering such steps by highlighting key questions that might arise during implementation, including how the offense is defined and enforced domestically by States. Similarly, the authors do not endorse nor criticize any practice carried out by States in the implementation of the criminalization of illicit enrichment. Ultimately, it is also hoped that this study provides a basis for further discussion amongst policy makers and practitioners, and fuels upcoming discussions by the Conference of State parties of the UNCAC and its Working Groups

Book A Longing for the Light

    Book Details:
  • Author : Vincente Aleixandre
  • Publisher : Copper Canyon Press
  • Release : 2007-05-01
  • ISBN : 155659254X
  • Pages : 303 pages

Download or read book A Longing for the Light written by Vincente Aleixandre and published by Copper Canyon Press. This book was released on 2007-05-01 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive collection spans the entirety of Nobel Laureate Aleixandre's career, from his early surrealist work to his complex and fascinating "dialogues," as well as prose interludes.

Book Customary Law Today

    Book Details:
  • Author : Laurent Mayali
  • Publisher : Springer
  • Release : 2018-06-21
  • ISBN : 3319733621
  • Pages : 345 pages

Download or read book Customary Law Today written by Laurent Mayali and published by Springer. This book was released on 2018-06-21 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses current practices in customary law. It includes contributions by scholars from various legal systems (the USA, France, Israel, Canada etc.), who examine the current impacts of customary law on various aspects of private law, constitutional law, business law, international law and criminal law. In addition, the book expands the traditional concept of the rule of law, and argues that lawyers should not narrowly focus on statutory law, but should instead pay more attention to the impact of practices on “real legal life.” It states that the observation of practices calls for a stronger focus on usage, customs and traditions in our legal systems – the idea being not to replace statutory law, but to complement it with customary observations.

Book Gender Matters

    Book Details:
  • Author : Dennis van der Veur
  • Publisher : Council of Europe
  • Release : 2007-01-01
  • ISBN : 9789287163936
  • Pages : 180 pages

Download or read book Gender Matters written by Dennis van der Veur and published by Council of Europe. This book was released on 2007-01-01 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: "'Gender Matters' is a manual aimed to assist educators and youth leaders work on issues of gender and gender-based violence with young people. This publication presents theoretical information, methods and resources for education and training activities, along with concrete exercises that users can put into practice in their daily work. Violence is a serious issue which directly affects the lives of many young people. It often results in lasting damage to their well-being and integrity, putting even their lives at risk. Gender-based violence, including violence against women, remains a key human rights challenge in contemporary Europe and in the world. Working with young people on human rights education is one way of preventing gender-based violence from occurring. By raising awareness on why and how it manifests and exploring its impact on people and in society, gender-based violence will no longer go undetected. Gender really does matter, to women, to men, to young people - to all of us. This manual serves to explore these human rights issues and act upon them."--Book jacket.

Book Doing Business in 2004

Download or read book Doing Business in 2004 written by Simeon Djankov and published by World Bank Publications. This book was released on 2004 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: A co-publication of the World Bank, International Finance Corporation and Oxford University Press

Book Forum Shopping in the European Judicial Area

Download or read book Forum Shopping in the European Judicial Area written by Pascal de Vareilles-Sommières and published by Bloomsbury Publishing. This book was released on 2007-12-18 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the issues left untouched by the Brussels Convention of 27 September 1968 (and by the Brussels-1 Regulation replacing it) concerns the leeway left to domestic courts when applying European rules on international jurisdiction in civil and commercial matters. For instance, is the court under a duty of strict compliance with the jurisdiction rule as it is drafted? Would such a duty go so far as to require the court to abide by the jurisdiction rule, even though it is being used by one of the litigants to achieve an unfair result, for example to delay adjudication on the merits? Under what conditions may the Court decline jurisdiction on account of any unsuitable forum shopping, thus ruling out the European provision on jurisdiction? Recent litigation in the ECJ has yielded rather, even excessively, restrictive answers, ruling out any discretion by domestic courts to remedy any inconvenience arising from the strict application of the European provisions, if such discretion were provided for by the lex fori (the Gasser case, the Turner case, and the Owusu case). This series of rulings from the ECJ raises several questions. Most observers have questioned the appropriateness of prescribing a blind application of European rules on jurisdiction by domestic courts, relying on the legal traditions of EC Member States usually providing for corrective mechanisms - such as 'forum non conveniens' in English Law and 'exception de fraude' in French Law - in cases when a party abusively triggers the jurisdiction of a court in order to obtain an unjust advantage, thus practising unacceptable forum shopping. The time has now come for an analysis, under both Community and comparative law, of the ramifications of the recent Gasser/Turner/Owusu cases. Readers will find in this book a collection of studies by some of the leading English and French experts today, analysing the ins and outs of jurisdiction and forum shopping in Europe.

Book The Law of the International Civil Service

Download or read book The Law of the International Civil Service written by Chittharanjan Felix Amerasinghe and published by . This book was released on 1988 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The Global Competitiveness Report 2007 2008

Download or read book The Global Competitiveness Report 2007 2008 written by Michael E. Porter and published by Palgrave Macmillan. This book was released on 2007-12-15 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Economic Forum’s annual Global Competitiveness Report evaluates the potential for sustained economic growth of over 130 developed and emerging economies and ranks them accordingly. Since its first release in 1979, the Report has become the most authoritative and comprehensive study of its type. The 2007-2008 Report contains: • Detailed country competitiveness profiles of 131 economies • Data tables for survey and hard data variables ranking profiled economies • Global rankings: the Global Competitiveness Index and the Business Competitiveness Index, measuring growth and productivity, respectively • Exclusive data from the Executive Opinion Survey, with over 11,000 responses from business leaders worldwide. Produced in collaboration with a distinguished group of international scholars and a global network of over 130 leading national research institutes and business organizations, the Report also showcases the latest thinking and research on issues of immediate relevance for business leaders and policy-makers.

Book A Frequency Dictionary of French

Download or read book A Frequency Dictionary of French written by Deryle Lonsdale and published by Routledge. This book was released on 2009-03-25 with total page 974 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Frequency Dictionary of French is an invaluable tool for all learners of French, providing a list of the 5000 most frequently used words in the language. Based on a 23-million-word corpus of French which includes written and spoken material both from France and overseas, this dictionary provides the user with detailed information for each of the 5000 entries, including English equivalents, a sample sentence, its English translation, usage statistics, and an indication of register variation. Users can access the top 5000 words either through the main frequency listing or through an alphabetical index. Throughout the frequency listing there are thematically-organized lists of the top words from a variety of key topics such as sports, weather, clothing, and family terms. An engaging and highly useful resource, the Frequency Dictionary of French will enable students of all levels to get the most out of their study of French vocabulary. Former CD content is now available to access at www.routledge.com/9780415775311 as support material. Designed for use by corpus and computational linguists it provides the full text in a format that researchers can process and turn into suitable lists for their own research work. Deryle Lonsdale is Associate Professor in the Linguistics and English Language Department at Brigham Young University (Provo, Utah). Yvon Le Bras is Associate Professor of French and Department Chair of the French and Italian Department at Brigham Young University (Provo, Utah).

Book Doing Business in 2006

Download or read book Doing Business in 2006 written by World Bank and published by World Bank Publications. This book was released on 2006 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication is the third in a series of annual reports giving a comparative analysis of business regulations and their enforcement across 155 countries and over time. Comparable data indicators are given for 10 topics: starting a business, dealing with licences, hiring and firing workers, registering property, getting credit, investment protection, paying taxes, trading across borders, enforcing contracts, and closing a business. These indicators are used to assess socio-economic outcomes including levels of unemployment and poverty, productivity, investment and corruption; and to identify which regulatory measures enhance business activity and those that work to constrain it. This is a co-publication of the World Bank and the International Finance Corporation.

Book Business and Politics in India

Download or read book Business and Politics in India written by Stanley A. Kochanek and published by Univ of California Press. This book was released on 2023-04-28 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1974.

Book Politics and History in Band Societies

Download or read book Politics and History in Band Societies written by Richard Lee and published by Cambridge University Press. This book was released on 1982-09-30 with total page 524 pages. Available in PDF, EPUB and Kindle. Book excerpt: The papers collected in this volume present important information on the history and culture of contemporary gathering and hunting peoples from Canada, India, Africa, Australia and the Philippines. The volume focuses on two themes: first, on the techniques which band-living foraging peoples employ to organise their social and economic lives; and second, on their fight for the right to their own lands and for a measure of cultural and political autonomy. The contributors maintain that gatherer-hunters are not examples of a disappearing way of life, but peoples who have maintained their social and economic practices through long periods of contact with stratified societies. The aim of this volume it to make known to as wide an audience as possible the daily lives, the patterns of relations between the sexes and the political orientations of the world's contemporary foragers.

Book Doing Business in 2005

Download or read book Doing Business in 2005 written by and published by World Bank Publications. This book was released on 2005 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doing Business in 2005: Obstacles to Growth is the second in a series of annual reports investigating the scope and manner of regulations that enhance business activity and those that constrain it. New quantitative indicators on business regulations and their enforcement can be compared across more than 130 countries, and over time. The indicators are used to analyze economic outcomes and identify what reforms have worked, where and why. Topics in Doing Business in 2005 include: Licensing and Inspections: Having registered a business, now what? In most countries, firms face a myriad of sector specific licenses as well as inspections to enforce compliance. The Doing Business database constructs two sets of indicators on the regulation of operations. One measures the steps, time and costs of complying with licensing and permit requirements for ongoing. The other assesses the enforcement of regulations through two of the most common types of inspections-labor and tax. Registering Property: Property registries were first developed to help raise tax revenue. What was good for the tax authorities has since proven to be good for strengthening property rights-the registries strengthen incentives to invest, facilitate trade, and expand access to credit. New indicators cover the steps, time and cost to register property. Measures of the legal provisions that strengthen property rights and the efficiency of property registries are also developed. Protecting Investors: Corporate governance issues are often thought to affect only publicly listed companies in developed countries. In fact, corporate governance is relevant for every large privately held company that has more than one owner. New indicators examine several possible types of shareholder expropriation, including related-party transactions, guarantees and loans to company managers and directors, mergers and acquisitions, disclosure of ownership information, and treatment of conflicts of interest. Including a new emphasis on gender, Doing Business not only provides insights into business constraints throughout the world but highlights particular barriers faced by women. Doing Business is a comprehensive resource that no investor, economic adviser, business developer, or economic policymaker should be without.

Book The EU Charter of Fundamental Rights

Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 1938 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.