Part III Prospectus Liability and Litigation, 21 France

2020 ◽  
Author(s):  
Bonneau Thierry
Keyword(s):  
Point Of View ◽  
Financial Information ◽  
French Law ◽  
Judicial Decision ◽  
Misleading Information ◽  
Prospectus Liability

This chapter sets out the French law. Financial operations triggering the obligation to draw up a prospectus are common in France. By contrast, the chapter shows that there is no judicial decision holding people accountable for infringing the prospectus legislation. However, this does not mean that there are no decisions concerning prospectuses or, more generally, financial information. The chapter asserts that these decisions to in fact exist. However, in these decisions, either provisions other than provisions of the prospectus legislation are applied to prospectuses, or the document of information is other than the prospectus. More often than not, the decisions are about people who are accused of having spread false or misleading information. From this point of view, these decisions are relevant regardless of the context and the document used in order to disseminate such information. The solutions resulting from these decisions are applicable to difficulties concerning information included in a prospectus.

ARBITRATION FLASH JUSTICE?

2021 ◽  
Vol 11 (1) ◽  
pp. 60-77
Author(s):  
A.R. SULTANOV
Keyword(s):  
Law Enforcement ◽  
Point Of View ◽  
Judicial System ◽  
Court Decision ◽  
Sources Of Information ◽  
Judicial Decision ◽  
Criminal Proceedings ◽  
Russian Science ◽  
Administration Of Justice ◽  
External Conditions

In this article, the author attempts to comprehensively consider such a concept as “flash justice”. The study of this concept, new for Russian science, takes place through the prism of law enforcement practice and the use of many illustrative examples of judicial acts, interviews with representatives of the judicial system and other sources of information. The mentioned phenomenon is considered and evaluated from the point of view of not only civil and arbitration, but also criminal proceedings, where examples are more colorful and clear. The author also cites foreign, in particular English, legal experience as an example. Thus, it is noted that a draft judicial act can be prepared by both the court staff, and its individual provisions can be prepared by the parties. At the same time, the existing guarantees related to the prevention of misleading the judge, as the author notes, contribute to the formulation of the draft court decision, which reflects only the objective facts established by the court and meets the criteria of truth and legality. Also, the article indirectly touches on certain retrospective aspects related to the development of the institution of judicial decision, as well as its transformations in the light of the changing external conditions of the administration of justice.

scholarly journals Development of Integrated Reporting in Poland

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Bartosz Rymkiewicz
Keyword(s):  
Negative Impact ◽  
Rapid Development ◽  
Point Of View ◽  
Financial Information ◽  
Integrated Reporting ◽  
Public Companies ◽  
Wide Range ◽  
Quality Of Reports ◽  
Financial Disclosures ◽  
Social Environmental

Organizational reporting is the most important tool of communication between an enterpriseand its stakeholders. However, it is not a static tool but continues to develop and adapt to ongoingeconomic and social changes. Formerly covering only financial information; currently, it is supplementedby a wide range of non-financial information relating to all aspects of the business. The evolution ofreporting is particularly fostered by the rapid development of the concepts of corporate socialresponsibility and sustainable development, as well as the progressing changes in the information needsof stakeholders. Enterprises are increasingly publishing voluntary reports concerning the social,environmental, and employment aspects of their business in addition to reports required by law. Thisresults in the multiplication of reports and duplication of content, which has a negative impact on thereports' usefulness. The solution to this problem may be integrated reporting, which integrates andinterconnects financial and non-financial disclosures. A milestone for the development of integratedreporting was the elaboration of integrated reporting guidelines by the International Integrated ReportingCouncil (IIRC) in December 2013. The aim of the paper is to present the development of integratedreporting in Poland in 2014-2020 on the example of public companies listed on the Warsaw StockExchange. The quality of reports was assessed from the point of view of compliance with IIRC guidelines,as well as their usefulness for stakeholders. Content analysis of corporate publications and comparativeanalysis was used for this purpose.

scholarly journals Incommunicado detention and torture in Spain, Part III: 'Five days is enough’: the concept of torturing environments

2018 ◽  
Vol 26 (3) ◽  
pp. 13
Author(s):  
Lilla Hárdi ◽  
Pau Pérez-Sales ◽  
Miguel Angel Navarro-Lashayas ◽  
Angeles Plaza ◽  
Benito Morentin ◽  
...  
Keyword(s):  
Qualitative Analysis ◽  
Point Of View ◽  
Misleading Information ◽  
Psychological Techniques ◽  
Sexual Torture ◽  
Adequate Understanding ◽  
Istanbul Protocol ◽  
The Individual ◽  
False Accusations

Background: Torture is changing in western societies, evolving from pain-producing torture to more subtle mixed psychological methods that are harder to detect. Despite this, there is not an adequate understanding of the complexities of contemporary psychological techniques used in coercive interrogation and torture. Methods: The interrogation and torture techniques used on 45 detainees held in short-term incommunicado detention in Spain during the period 1980-2012 were analyzed. The list of torture categories set out in the Istanbul Protocol (IP) were assessed quantitatively. Software-aided qualitative analysis of the testimonies was conducted, using both inferential and deductive approaches to deduce a classification of torture techniques from the point of view of the survivor. Findings: The most frequent methods according to the IP categories used against detainees were isolation and manipulation of environment (100%), humiliation (93%), psychological techniques to break down the individual (91%), threats (89%) and forced positions and physical exercises until extenuation (80%). Additionally, with a frequency of between 51 and 70%, mild but constant blows, being forced to witness the torture of others, hooding (mainly dry asphyxia) and unacceptable undue conditions of detention were also frequent. Sexual torture was also widespread with sexual violence (42%), forced nudity (38%) and rape (7%). Qualitative analysis showed that most detainees were submitted to coercive interrogation using a wide array of deceptive techniques. This is often a central part of the torturing process, frequently used in conjunction with many other methods. It was found that giving false or misleading information or making false accusations was most frequently used, followed by maximization of responsibility or facts and giving false information regarding relatives or friends. Different patterns of harsh interrogation, ill-treatment and torture are described that appear to have been tailored to the profile of Basque detainees. Interpretation: The study shows the need to improve the conceptualization of psychological torture suggested by the IP. Key to this view is the idea that we must not concern ourselves with 'torture methods' but with Torturing Environments. The concept of Torturing Environments is defined and proposed as a focus for future study.

Part II The New EU Prospectus Rules, 9 The Contents of the Prospectus: Non-Financial Information and Materiality

2020 ◽  
Author(s):  
de Serière Victor
Keyword(s):  
Capital Markets ◽  
Investor Protection ◽  
Tort Law ◽  
Financial Information ◽  
Good News ◽  
Level Playing Field ◽  
Playing Field ◽  
Prospectus Liability ◽  
Capital Markets Union ◽  
The Eu

This chapter addresses the non-financial information to be included in a prospectus, alongside an analysis of the fundamental concept of materiality. It examines some issues relating to non-financial information to be included in a prospectus under the new EU prospectus regime. A level playing field in terms of uniform investor protection within the EU accordingly has regrettably not been achieved. This chapter argues that the Prospectus Regulation could have achieved more by requiring Member States to impose certain uniform tort law requirements in their national prospectus liability regimes. Another topic addressed in this chapter relates to the possibility for offerors of securities to obtain liability protection by including exoneration clauses in prospectuses. The Prospectus Regulation does not regulate this topic, but the analysis in this chapter shows that the possibilities appear to be severely limited; practice in any event shows that exoneration is seldom (if ever) stipulated. The chapter concludes that all this appears to be relatively good news in terms of investor protection generally, but the lack of harmonisation stands in the way of a unified EU capital markets union.

Berücksichtigung statutsfremder Sicherheits- und Verhaltensregeln

2020 ◽  
Author(s):  
Florian Keßenich
Keyword(s):  
International Law ◽  
Point Of View ◽  
Private International Law ◽  
International Capital ◽  
International Capital Markets ◽  
Applicable Law ◽  
Liability Law ◽  
Legal Situation ◽  
Prospectus Liability

This study develops a consistent concept for the application of the special conflicts law rule of Art. 17 of the Rome II Regulation. The concept developed is subjected to a case study in cross-border prospectus liability law. The work is the first to demonstrate that Art. 17 of Rome II can be used to take into account the law of the marketplace in a methodologically convincing manner, and it thus makes a contribution not only to general private international law but also to international capital markets law. In particular, economic reasons demand a link to the marketplace where securities have been issued. However, according to the current legal situation, the different residence rights of the investors have to be applied. As a consequence, the applicable law is fragmented from the issuer’s point of view (mosaic principle). This inappropriate situation can be corrected with the help of Art. 17 of Rome II, and the study’s findings can be extended to other fields of law.

scholarly journals Custom and reason as sources of Japanese law in the Meiji era

2020 ◽  
pp. 19-29
Author(s):  
Vera Romanovskaya ◽  
Vladimir Puzhaev
Keyword(s):  
Civil Code ◽  
Point Of View ◽  
Customary Law ◽  
French Law ◽  
Criminal Cases ◽  
Positive Law ◽  
Meiji Era ◽  
Reported Study ◽  
Legal Document ◽  
Japanese Law

The article explores the role and meaning of custom and reason (jôri) in the system of sources of Japanese law in the Meiji Era. It defines the characteristics of the introduction of Western concepts of custom and customary law into Japanese legal circulation. The focus is on studying the provisions of the Dajōkan Decree no. 103 dated 8 June 1875, which was a key milestone in the regulation of sources of Japanese law in the modern age. The Decree no. 103 established new rules for the administration of justice in civil and criminal cases before Japanese courts. In the context of studying the decree, the article provides an overview of the main comments made by Japanese academics on the preconditions for the emergence of Article 3 of this legal document. Article 3 of the Dajōkan Decree is noteworthy in that it formalised the hierarchy of sources of Japanese private law for the first time, defining custom and reason (jôri) as optional sources of law used by the court in the case of a gap in positive law. From this point of view, Article 3 of the decree was the historical predecessor of the famous Article 1 of the 1907 Swiss Civil Code. In the article, it was also found that the inspiration for Article 3 of the Decree no. 103 was the outstanding French comparator Gustave Boissonade de Fontarabie, who came to Japan in 1873 at the invitation of the Meiji government to help the Japanese modernise their national legal system. With unconditional respect in his host country, Professor Boissonade became an active promoter of the ideas and principles of French law in the Japanese archipelago. Despite the fact that the draft Civil Code prepared by Boissonade has never entered into force, it has been actively used in practice by Japanese courts as “written reason and justice”. With the adoption of the new Japanese Civil Code in 1898, the influence of the Boissonade draft as an optional source of law effectively ceased. However, many of the provisions of the Boissonade Code found their way into the structure of the new Civil Code, so that Japanese courts could now use them as norms of positive law in force. Acknowledgments: The reported study was funded by RFBR, project number 20-011-00034 “Legal views of Gustave Boissonade de Fontarabie and the reception of French law in Japan”.

scholarly journals Direito Fundamental a uma nacionalidade

2017 ◽  
Vol 17 (33) ◽  
pp. 125
Author(s):  
Leila Arruda Cavallieri
Keyword(s):  
Family Life ◽  
International Adoption ◽  
Point Of View ◽  
Fundamental Rights ◽  
Judicial Decision ◽  
Transnational Law ◽  
Great Achievement ◽  
The Status ◽  
The Right ◽  
Italian Legislation

Os direitos fundamentais são a base da garantia do exercício pleno da dignidade humana.A salvaguarda desses direitos pelo país é um dever que não pode ser relegado ou olvidado. Desta forma, existem mecanismos que compelem o Estado a proteger, defender e cobrar respeito pelos mesmospor parte da sociedade e de outros Estados. No caso da adoção internacional, o direito à convivência familiar é conquistado pelos adotandos a partir da sentença judicial brasileira. Porém, ao se tornarem filhos de pais domiciliados em outro Estado, as crianças e adolescentes aqui nascidos precisam ter as garantias que são atinentes ao status de cidadão daquele país. A partir do reconhecimento do direito à nacionalidade pelo país de acolhida das crianças, elas passam a usufruir de uma condição de equiparação a seus adotantes, do ponto de vista de direitos e deveres. A nacionalidade ou cidadania para os adotandos é um direito fundamental que necessita ser conquistado e preservado, através das normativas internas ou de direito convencional, visando atender ao superior interesse da criança ou adolescente. A legislação italiana é uma das legislações estrangeiras que possui tais dispositivos, o que se torna uma grande conquista no direito transnacional. PALAVRAS-CHAVE: direitos fundamentais; adoção internacional; direito à convivência familiar; direito à nacionalidade   Abstract Fundamental rights are the basis for ensuring the full exercise of human dignity. The safeguarding of these rights by the country is a duty that can not be relegated or forgotten. Thus, there are mechanisms that compel the State to protect, defend and claim respect for them by society and other States. In the case of international adoption, the right to family coexistence is won by adoptees based on the Brazilian judicial decision. However, when they become children of parents domiciled in another State, the children and adolescents here born need to have the guarantees that are pertinent to the status of citizen of that country. From the recognition of the right to nationality by the host country of the children, they will enjoy a condition of equality with their adopters, from the point of view of rights and duties. Nationality or citizenship for adopte is a fundamental right that needs to be won and preserved, through internal norms or conventional law, in order to meet the superior interest of the child or adolescent. The Italian legislation is one of the foreign laws that have such devices, which becomes a great achievement in transnational law. KEYWORDS: fundamental rights; international adoption; right to family life; right to nationality

Condiții privind recunoașterea statutului civil al persoanelor transsexuale și transgender în sistemul român de drept

2020 ◽  
Vol 2019 ◽  
pp. 24-35
Author(s):  
Daniela-Anca Deteșanu ◽  
◽  
Cristina-Mihaela Nicolescu ◽  
Keyword(s):  
Social Life ◽  
Point Of View ◽  
Judicial Decision ◽  
The Public ◽  
Civil Status ◽  
Identity Card ◽  
Judicial Procedures ◽  
Public Health Insurance System ◽  
Legal Consequences ◽  
Made In

Under the Romanian legal system there are no specific regulations concerning transsexualism, nor are clear medical, administrative or judicial procedures configured. However, without any doubt, the medical transition to the gender with which a trans person identifies him/herself is allowed, as well as the legal recognition of the new sexual identity. If a trans person obtained a favourable judicial decision, based on which the necessary changes have been made in the civil status acts, being issued a new identity card, then, in principle that person can prevail him/herself of the legal consequences of his/her new identity, in all areas of social life. Regarding the coverage by the public health insurance system of treatments and operations for gender reattribution, there is no convergent point of view of competent institutions.

Managerial Accounting

2021 ◽  
pp. 233-246
Author(s):  
Traian Ovidiu Calotă
Keyword(s):  
Production System ◽  
Minimum Cost ◽  
Point Of View ◽  
Financial Information ◽  
Economic Environment ◽  
Managerial Accounting ◽  
Special Instrument ◽  
Rational Organization ◽  
Optimum Production

The role of managerial accounting consists in detailing, analyzing, and interpreting the information provided by the general accounting, presenting it in a form that is accessible to the company management. Financial information is confidential, addressed to the internal environment of the company and presented as no standardized periodical reports adapted to the internal management needs. Costs play a determinant role in substantiating the decisions regarding the optimum production system and its adjustment in any competitive economic environment, as a special instrument determining the management of the company both as a whole and for each internal subdivision. But cost will only be able to play its true role if determined in a realistic and pertinent way. Consequently, the final objective of management from the point of view of forecasting, rational organization, information, analysis, prompt decision, and constant control is to obtain production at minimum cost.

Part III Prospectus Liability and Litigation, 25 Luxembourg

2020 ◽  
Author(s):  
Hoffeld Veronique
Keyword(s):  
Civil Liability ◽  
Case Law ◽  
Civil Code ◽  
Misleading Information ◽  
Legal Provisions ◽  
Prospectus Liability ◽  
Material Information

This chapter focuses on the Luxembourg civil liability regime which applies to information given in a prospectus. Luxembourg has implemented certain specific provisions on prospectus liability; however, these do not constitute an entirely autonomous civil liability regime on prospectus liability as such. Most aspects with regards to a person's liability must be determined in accordance with the general Luxembourg provisions on civil liability from the Luxembourg Civil Code. No questions have yet arisen before the Luxembourg courts on the liability regime which applies to those persons responsible for the information given in a prospectus. There is therefore no established Luxembourg case law complementing the provisions currently in place. This chapter thus concerns those situations where a prospectus contains misleading information or omits to include material information infringing the requirements of the Luxembourg legal provisions on prospectuses.

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