scholarly journals Leone Levi (1821–1888) and the History of Comparative Commercial Law

2021 ◽  
pp. 236-259
Author(s):  
Annamaria Monti
Keyword(s):  
Commercial Law ◽  
History Of

scholarly journals Responsibility and role of internal and external statutory auditors in extraordinary operations

2018 ◽  
Vol 15 (3) ◽  
pp. 66-79 ◽  
Author(s):  
Maurizio Rija
Keyword(s):  
Internal Control ◽  
Supervisory Board ◽  
External Control ◽  
Critical Periods ◽  
Commercial Law ◽  
Civil Responsibility ◽  
History Of ◽  
The Law ◽  
Accounting Control ◽  
Work Done

In the current work, the figures and functions of the external statutory auditor and internal statutory auditor are analysed. Before examining this subject, the historical and critical periods which have characterized the history of the subjects concerned is recalled; from the beginning will be shown the historical and regulatory process of auditing rules (activities engaged in by these subjects). From the dedicated and practical study of several documents, it is shown that with the progress of time, internal control carried out by the supervisory board is supported by an external control by the auditors or an audit firm. Until the mid-70s, auditing control was voluntary and the companies, without any impositions, believed it preferable to remain anchored to a purely internal control rather than an audit company. The law 136/1975 which made the external accounting control by an auditing company compulsory is under control of the Consob and the Draghi law clearly distinguishes the roles carried out by the auditors and work done by the supervisory board. After alluding to the reform of the commercial law, which took place in 2003, the law 39/2010 is analysed, modified by the recent law 135/2016. Successively, civil, criminal and administrative responsibility of the external and internal statutory auditors are analysed since with the EU Recommendation of 2008 (2008/473/EC) the state members are encouraged to limit the civil responsibility making the auditors no longer unlimitedly and jointly responsible but responsible relatively to the damage caused in the first person. Finally, in a comparative context, a study is carried out on the effects of the recommendation in other European countries pointing out any dissimilarities/similarities from both the criminal and administrative aspect.

1. Introduction to banking law and regulation

2019 ◽  
pp. 1-20
Author(s):  
Iris H-Y Chiu ◽  
Joanna Wilson
Keyword(s):  
Good Practice ◽  
Banking Regulation ◽  
Customer Relationship ◽  
Commercial Law ◽  
National Regulation ◽  
Bargaining Position ◽  
Banking Business ◽  
History Of ◽  
The Common

This introductory chapter provides an overview of banking law and regulation. Banking law and regulation covers private commercial law developed through banking custom, standards of good practice, and the common law, which together have a long history of shaping and refining the rights and obligations of banks and their customers. Consumer protection lies at the heart of many banking law and regulatory initiatives, which often seek to address or rebalance the superior bargaining position of banks in the bank–customer relationship. In recent decades, public regulatory sources of law in banking regulation have become multi-layered and complex, ranging from international to European and national regulation. The chapter also describes the nature of the banking business as well as its types and scope.

Part I General Principles, 1 The Nature, History, and Sources of Commercial Law

2015 ◽  
Keyword(s):  
Contract Law ◽  
International Organisations ◽  
Commercial Law ◽  
European Contract ◽  
History Of ◽  
Standard Term ◽  
Lex Mercatoria ◽  
International Chamber Of Commerce ◽  
European Contract Law

Chapter 1 examines the nature of commercial law and transnational commercial law, identifies the forces driving the development of commercial law and gives a brief history of commercial law from the early codes to the present day. After identifying the sources of national commercial law, it goes on to examine the nature and sources of transnational commercial law, with a particular focus on international trade usage and the lex mercatoria and discusses complex issues relating to the binding nature of usage. Also discussed are the major types of international instrument — conventions, model laws, contractually incorporated rules and trade terms promulgated by international organisations such as the International Chamber of Commerce, standard-term contracts, and scholarly restatements such as the UNIDROIT Principles of International Commercial Contracts and the Commission on European Contract Law Principles of European Contract Law.

scholarly journals Commercial books under Turkish commercial laws concerning accounting

2010 ◽  
pp. 85
Author(s):  
Batuhan Güvemli ◽  
Fehmi Yildiz
Keyword(s):  
Ottoman Empire ◽  
Islamic Law ◽  
Legal Regulations ◽  
Commercial Law ◽  
Regulatory Changes ◽  
History Of ◽  
The Republic

La modernización de las leyes comerciales de Turquía tiene una historia de 160 años (1850-2010). Los movimientos de occidentalización (Imperial Edicto de 1839) dentro del Imperio Otomano trajeron consigo la creación de la primera ley comercial, Kanunname-i Ticaret (1850 a 1926). Desde 1926 otras tres leyes comerciales fueron promulgadas. En este estudio, examinamos los libros de comercio dentro de esas cuatro leyes comerciales en el ámbito de la contabilidad. Nuestro objetivo es entender los efectos de los cambios de reglamentación comercial sobre la evolución de la cultura turca de contabilidad. Los resultados indican que debido a la ley islámica (Sharia), la aplicación de la ley comercial de 1850 no se había extendido. Las disposiciones legales que entraron en vigor con el establecimiento de la República en 1923 han hecho posible la promulgación de nuevas leyes comerciales. Así, el estudio también se ocupa del proyecto de ley de Derecho Mercantil de Turquía de 2005.<br /><br />The modernization of the Turkish commercial laws has a history of 160 years (1850-2010). The westernization movements (Imperial Edict of 1839) within the Ottoman Empire effected the establishment of the first commercial law, Kanunname-i Ticaret (1850-1926). Since 1926, three other commercial laws were enacted. In this study, we examine the commercial books within those four commercial laws under the scope of accounting. Our aim is to understand the effects of the commercial regulatory changes on the evolution of the Turkish accounting culture. Findings indicate that due to the Islamic law (Sharia), the application the commercial law of 1850 was not widespread. The legal regulations which were put into force with the establishment of the Republic in 1923 have made the enactment of new commercial laws possible. Thus, the study also addresses to the bill of Turkish Commercial Law dated 2005.<br />

scholarly journals Changes in agricultural land ownership in Poland in the period of the market economy

2011 ◽  
Vol 57 (No. 2) ◽  
pp. 93-101 ◽  
Author(s):  
J. Bański
Keyword(s):  
Market Economy ◽  
Agricultural Land ◽  
Size Structure ◽  
Land Ownership ◽  
Typical Feature ◽  
Farm Size ◽  
Commercial Law ◽  
State Farm ◽  
East European ◽  
History Of

The article concentrates on the changes of ownership ongoing in Polish agriculture in the period 1989&ndash;2004. Since Polish agriculture was above all private in nature throughout the period of communism, the changes in question were actually more limited than in other Central and East European Countries (CEEC). Those that have taken place have first and foremost involved the privatisation of the old State Farms, whose assets were taken over by individually-owned farms or commercial-law companies, with the intermediation of the Treasury Agricultural Property Agency established for the purpose. A major element of the assets undergoing privatisation was agricultural land. The size of the ownership change has varied from region to region. In the West and North, where more than half of all farmland was in the State Farm hands to 1989, there was a marked increase in the share of land under private ownership. On the other hand, in Central and Eastern Poland, the changes were very limited, concerning only the transfer of land between private farms. Important reasons accounting for the limited activity on the market for land in this part of Poland include the agrarian overpopulation and the widespread treatment of land as a form of the "insurance policy" against job losses. The ownership changes have further encouraged polarisation where farm size structure is concerned. Farms increased in size in the regions where the large average area has long been a typical feature. In turn, the areas characterised by the excessive agrarian fragmentation have not seen any more major changes in the size structure over the recent period. A detailed analysis of the changes in ownership over the market economy period is preceded by a discussion of the history of land ownership in Polish agriculture, with a particular emphasis being placed on the Communist era. The legal and social bases conditioning ownership change are also discussed. &nbsp;

A History of American Law

2019 ◽  
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Legal System ◽  
Legal Education ◽  
The United States ◽  
Colonial Period ◽  
Fourth Edition ◽  
Commercial Law ◽  
American Law ◽  
History Of ◽  
Sociological History ◽  
Great Stress

This book is a general history of the legal system of the United States, beginning in the colonial period, and continuing up to the present. The work was originally published in 1973; this is the fourth edition, which brings the material up to date and incorporates recent research. The book covers the changing configurations of commercial law, criminal law, and family law, and the law of property; lays great stress on race relations, especially black-white relations; it deals also with the legal profession and legal education. The approach throughout is geared toward an intelligent lay audience. Legal jargon is avoided. The underlying theory of the book is that law is the product of society, so that what is attempted, in essence, is a more or less sociological history of the legal system, as it evolved over the years.

The Law of Commerce and Trade

2019 ◽  
pp. 241-262
Author(s):  
Lawrence M. Friedman
Keyword(s):  
United States ◽  
Nineteenth Century ◽  
The United States ◽  
Marine Insurance ◽  
Commercial Law ◽  
History Of ◽  
Commercial Paper ◽  
International Body ◽  
The Law ◽  
Law Merchant

This chapter discusses the history of American commercial law covering the admiralty and general commerce, sale of goods, bankruptcy and insolvency, and contract. American commercial law was deeply and persistently in debt to England. Theoretically, even national sovereignty was no barrier. The laws of admiralty, marine insurance, commercial paper, and sale of goods were not, supposedly, parochial law, English law; they were part of an international body of rules. The law of sales of goods developed greatly in the first half of the nineteenth century. Many, if not most, of the leading cases were English and were adopted in the United States fairly rapidly. Two strains of law—contract and the law merchant—each with a somewhat different emphasis, were more or less godparents of the law of sales.

Part III Innovation and Trade-Finance Challengers, 15 Islamic Trade Law and the Smart Contract Revolution

2021 ◽  
Author(s):  
Ercanbrack Jonathan
Keyword(s):  
Islamic Law ◽  
Comparative Law ◽  
Islamic Finance ◽  
Smart Contracts ◽  
Commercial Law ◽  
Trade Finance ◽  
Trade Law ◽  
Islamic Tradition ◽  
History Of ◽  
Basic Calculus

The history of Islam is inextricably connected to a celebrated history of trade and commerce which distinguishes it amongst monotheistic faiths. The modern incarnation of Islamic trade finance, however, bears only rudimentary similarity to the trade practices of old. Modern Islamic trade finance is devised to replicate conventional trade practices so that the barter-like immediacy of the Islamic contract of sale has been replaced with promissory attributes (wa’d). Yet Islamic law (sharia) has shown itself to be fully capable of adapting to modern trade practices so long as its major principles remain intact. The introduction of blockchain and smart contracts for Islamic trade finance does not change this basic calculus and yet these technologies promise to revolutionise Islamic trade practices in a way that compels the industry to operate in closer keeping with its commercial principles. Paradoxically, these technologies require substantive changes in the way in which Islamic trade finance is practiced, helping the industry to overcome its attachment to legal artifice (hiyal). Using comparative law methodology, this chapter briefly examines a short history of trade and commerce in the Islamic tradition, followed by the development of modern Islamic finance. It addresses the principles of Islamic commercial law as the basis for understanding the murabaha contract for trade finance, followed by an analysis of the legal and sharia-related issues that English courts have dealt with in the practice of Islamic trade finance. Finally, the chapter considers the transformative capacity of blockchain and smart contracts for Islamic trade finance, highlighting prominent legal and sharia-related issues that compel the industry to transform its trade practices markedly.

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