The English Scheme of Arrangement

2019 ◽  
pp. 161-187
Author(s):  
Nicolaes Tollenaar
Keyword(s):  
English System ◽  
Key Features ◽  
The Right ◽  
Exclusive Right

This chapter examines the English scheme of arrangement, which is laid down in sections 895–99 of the Companies Act 2006. It gives an outline of the procedure and looks at past attempts to reform the procedure. As with Chapter 6, it then goes on to discuss the key features of the procedure, including the right to propose a plan, the commercial content of the plan, the voting in classes, and the acceptance and sanctioning of a scheme. The chapter also considers criticisms of the English system. These include the costs and formalities of the procedure, the lack of the necessary flanking measures, the requirements of ‘give’ or ‘take’, the lack of a cramdown mechanism and the exclusive right to propose a plan.

Der Spielraum bei der Vermarktung von Waldleistungen ist eingeschränkt (Essay) | The scope for the commercialization of forest services is limited (essay)

2009 ◽  
Vol 160 (8) ◽  
pp. 228-231
Author(s):  
Hansruedi Walther
Keyword(s):  
Private Property ◽  
Legal Framework ◽  
Third Parties ◽  
Wood Products ◽  
Forest Owner ◽  
Free Access ◽  
School Class ◽  
Market Niche ◽  
The Right ◽  
Exclusive Right

A forest owner can only commercialize non-wood products and services within a tightly restricted market niche. On account of free access being permitted to the forest it is impossible to deny to third parties the consumption of many non-wood products and services: everybody has the right to be in the forest for recreation. As a result many non-wood services cannot be commercialized by the forest owner, or not exclusively. What would seem unthinkable elsewhere on private property seems to be taken for granted in the forest: third parties may take products from the forest and even sell them without being the forest owners. For certain nonwood services or products, such as the installation of rope parks or for burial in the forest, the organizer must conclude an agreement with the forest owner or draw up a contract for servitude or benefit. In addition, for these activities a permit from the Forestry Department is necessary. On the other hand, for an itinerant school class or for the production of forest honey neither a binding regulation with the forest owner nor a permit from the Forestry service is necessary, provided that no constructions are erected in the forest. The only exclusive right which remains to the forest owner, besides the sale of his property, is the exploitation of his trees within the legal framework.

scholarly journals Legal Nature and Role of Swap Arrangements and Options as Financial Instruments

2019 ◽  
Vol 57 (4) ◽  
pp. 459-480
Author(s):  
Ružica Petrović ◽  
Tamara Milenković Kerković ◽  
Dragana Radenković Jocić
Keyword(s):  
Interest Rate ◽  
Financial Markets ◽  
Financial Innovation ◽  
Fixed Time ◽  
Financial Derivatives ◽  
Bank Loans ◽  
Bond Issues ◽  
Legal Nature ◽  
The Right ◽  
Exclusive Right

AbstractFinancial derivatives are, in the last forty years, the most important financial innovation that influence the creation of new, very deep and broad financial markets. Their number is constantly increasing. There is a creation of new variants of existing derivative contracts and therefore the subjects have the opportunity to differently manage risk. Although their controversial legal nature, generally accepted view is that they were contracts. Swap is the youngest of all financial derivatives and represents a financial innovation of a later date. Market swaps recorded one of the fastest growth rate among global financial markets. Swap represents a private agreement between the two parties regarding exchange cash flow of the fixed time in the future in accordance with a predetermined pattern. The most common users of swaps are non-financial corporations, which want to receive variable, and to pay a fixed interest rate in order to limit interest expenses on bank loans or bond issues with variable interest rate, as well as banks, the governments of some supranational institutions such as the World Bank. In economic theory emphasized is the view that the comparative advantage is the basis for swaps functioning. Options are contracts in which one party has the exclusive right, while the other contracting party assumes only the obligation to buy or sell assets to which the option is created. In the nationa legislation the option contract is transferable standardized contract binding the buyer has the right to, including the payment obligation of the agreed premium on the day or days of maturity specified in the contract.

Entry Barriers

2019 ◽  
pp. 83-171
Author(s):  
Sheilagh Ogilvie
Keyword(s):  
Entry Barriers ◽  
Economic Activities ◽  
Parental Occupation ◽  
Marriage Age ◽  
The Right ◽  
Exclusive Right

This chapter explores how guilds defined and enforced entitlement. A first entitlement sought by any guild was to decide who could practise certain economic activities. Every guild aimed to secure the exclusive right for its members to do specific kinds of work in a particular place. A guild also secured the right to decide who could gain admission to the guild “mysteries.” To enforce these privileges, guilds erected an elaborate array of entry barriers, making admission costly or impossible for any applicant who could not satisfy conditions relating to citizenship, ethnicity, religion, occupation, wealth, property, fees, marriage, age, legitimate birth, parental occupation, ancestral “purity,” reputation, or approval by existing guild members. By limiting the number of practitioners, guilds sought, in the words of the Burgdorf shoemakers' guild in 1785, “to create a better and surer livelihood for the remainder.”

While the Treaty does not affect the existence of intellectual property rights, there are nonetheless circumstances in which the exercise of such rights may be restricted by the prohibitions laid down in the treaty. 2. Article 36 permits exceptions to the free movement of goods only to the extent to which such exceptions are necessary for the purpose of safeguarding the rights that constitute the specific subject-matter of the type of intellectual property in question. Perhaps the main advantage of this formula, apart from the fact that it narrows the scope of the exceptions permitted by Article 36, is that it allows subtle distinctions to be made depending on the type of intellectual property in issue. 3. The exclusive right conferred on the owner of intellectual property is exhausted in relation to the products in question when he puts them into circulation anywhere within the Common Market. Spelt out more fully, ‘the proprietor of an industrial or commercial property right protected by the legislation of a Member State may not rely on that legislation in order to oppose the importation of a product which has lawfully been marketed in another Member State by, or with the consent of, the proprietor of the right himself or person legally or economically dependent on him’. The expression ‘industrial and commercial property’ clearly embraces patents and trademarks. It also extends to such specialised areas as plant breeders’ rights. The court has held that copyright can also be a form of industrial or commercial property because it ‘includes the protection conferred by copyright, especially when exploited commercially in the form of licences capable of affecting distribution in the various Member States of goods incorporating the protected literary or artistic work’. The principle that the Treaty does not affect the existence of industrial and commercial property rights is derived from Article 222 of the treaty. This provides that ‘the treaty shall in no way prejudice the rules in Member States governing the system of property ownership’. Consequently intellectual property rights are unaffected by the provisions of the treaty unless they hinder free movement or offend the rules of competition. In Keurkoop v Nancy Kean (see below) the design of a handbag which was manufactured in Taiwan was registered in the Benelux countries but without the authority of the actual author. In Case 78/70, Deutsche Grammophon v Metro-SB Grossmärkte [1971] ECR 487, [1971] CMLR 631, the European Court stated:

1997 ◽  
pp. 110-114
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Member State ◽  
Intellectual Property Rights ◽  
Free Movement ◽  
Member States ◽  
Commercial Property ◽  
European Court ◽  
The Right ◽  
Exclusive Right

Copyright Issues in the Context of the Digital Library

2016 ◽  
pp. 70-83
Author(s):  
Pedro Pina
Keyword(s):  
Digital Library ◽  
Public Libraries ◽  
Legislation And Jurisprudence ◽  
The Right ◽  
Exclusive Right ◽  
Right Of Reproduction

Libraries have a strong role on promoting culture and knowledge as intermediaries between creators and readers. In the analogical world, such usages didn't have relevant effects on the normal exploitation of copyrighted works. However, digitisation had a strong effect on rightholders' interests by facilitating and democratizing access to works, considering that libraries may reproduce them and promote their online accessibility. Litigation regarding the referred actions has dramatically increased in the last years as they may stress the normal exploitation of copyrighted works and the exclusive rights of reproduction and of distributing. Based on the European Union's legislation and jurisprudence, the present chapter analyses the lawfulness of public libraries digitisation of books from their collection in order to make them available to users without the right holder's consent, confronting them with the exclusive right of reproduction and the making available right.

Copyright Issues in the Context of the Digital Library

2020 ◽  
pp. 291-304
Author(s):  
Pedro Pina
Keyword(s):  
Digital Library ◽  
Public Libraries ◽  
Legislation And Jurisprudence ◽  
The Right ◽  
Exclusive Right ◽  
Right Of Reproduction

Libraries have a strong role on promoting culture and knowledge as intermediaries between creators and readers. In the analogical world, such usages didn't have relevant effects on the normal exploitation of copyrighted works. However, digitisation had a strong effect on rightholders' interests by facilitating and democratizing access to works, considering that libraries may reproduce them and promote their online accessibility. Litigation regarding the referred actions has dramatically increased in the last years as they may stress the normal exploitation of copyrighted works and the exclusive rights of reproduction and of distributing. Based on the European Union's legislation and jurisprudence, the present chapter analyses the lawfulness of public libraries digitisation of books from their collection in order to make them available to users without the right holder's consent, confronting them with the exclusive right of reproduction and the making available right.

The Ethical Demand and Social Norms

2019 ◽  
pp. 48-65
Author(s):  
Robert Stern
Keyword(s):  
Social Norms ◽  
The Social ◽  
Variable Character ◽  
Key Features ◽  
The Right ◽  
Ethical Demand ◽  
The Way

This chapter covers Chapters 3 and 4 of The Ethical Demand. In these chapters, Løgstrup adds to his characterization of the demand by claiming that it is ‘radical’. He explains this radicality in terms of various further key features, including the way it may intrude on our lives and pick us out as individuals, while even the enemy is included in the requirement on us to care. At the same time, Løgstrup argues that we do not have the right to make the demand, while also denying that it is ‘limitless’. The features of the demand that make it radical distinguish it from the social norms, while the unconditional and absolute nature of the demand contrasts with the variable character of such norms, a contrast which he uses to respond to the challenge of relativism.

scholarly journals Altered Biomechanical Properties of Gastrocnemius Tendons of Turkeys Infected with Turkey Arthritis Reovirus

2016 ◽  
Vol 2016 ◽  
pp. 1-6 ◽  
Author(s):  
Tamer A. Sharafeldin ◽  
Qingshan Chen ◽  
Sunil K. Mor ◽  
Sagar M. Goyal ◽  
Robert E. Porter
Keyword(s):  
Tensile Strength ◽  
Histological Examination ◽  
Modulus Of Elasticity ◽  
Tendon Rupture ◽  
Elasticity Modulus ◽  
Biomechanical Properties ◽  
Turkey Poults ◽  
Key Features ◽  
Intertarsal Joint ◽  
The Right

Turkey arthritis reovirus (TARV) causes lameness and tenosynovitis in commercial turkeys and is often associated with gastrocnemius tendon rupture by the marketing age. This study was undertaken to characterize the biomechanical properties of tendons from reovirus-infected turkeys. One-week-old turkey poults were orally inoculated with O’Neil strain of TARV and observed for up to 16 weeks of age. Lameness was first observed at 8 weeks of age, which continued at 12 and 16 weeks. At 4, 8, 12, and 16 weeks of age, samples were collected from legs. Left intertarsal joint with adjacent gastrocnemius tendon was collected and processed for histological examination. The right gastrocnemius tendon’s tensile strength and elasticity modulus were analyzed by stressing each tendon to the point of rupture. At 16 weeks of age, gastrocnemius tendons of TARV-infected turkeys showed significantly reduced (P<0.05) tensile strength and modulus of elasticity as compared to those of noninfected control turkeys. Gastrocnemius tendons revealed lymphocytic tendinitis/tenosynovitis beginning at 4 weeks of age, continuing through 8 and 12 weeks, and progressing to fibrosis from 12 to 16 weeks of age. We propose that tendon fibrosis is one of the key features contributing to reduction in tensile strength and elasticity of gastrocnemius tendons in TARV-infected turkeys.

scholarly journals Archaeology in Greece, 1890—91

1891 ◽  
Vol 12 ◽  
pp. 385-397
Author(s):  
E. A. Gardner
Keyword(s):  
High Efficiency ◽  
The Other ◽  
Wide Spread ◽  
Other Hand ◽  
French School ◽  
Greek Government ◽  
The Right ◽  
Exclusive Right ◽  
The Village ◽  
Tedious Process

The season which is to be recorded in the following pages has been marked by a persevering and wide-spread activity, both on the part of the Greek Government and the Archaeological Society, and also among all the foreign schools established in Athens. This activity has been rewarded by results which are in many cases very interesting; but at the same time there are no discoveries to record so fortunate and brilliant as those which gave us last season the gold cups of Baphion or the great group by Damophon at Lycosura. One fact, however, is of higher importance than any single discovery. The long-postponed excavation of Delphi has at last been formally conceded to the French School. Those who have heard of the complicated negotiations which have been going on about this matter for the last few years may be surprised to hear that the original draft of the contract, which was published last spring, bears the date 1887. But it did not receive the Royal assent and so become law until 13/25 April, 1891. The chief features of the agreement, which follows the same lines as that made with the Germans about Olympia, are as follows. Right of compulsory expropriation is given, as in the case of roads and railways; all land thus acquired becomes the property of the Greek Government, as also do all antiquities of any kind which may be discovered. On the other hand the right of excavation is given to the French for ten years, and also the exclusive right of copying, photographing, and publishing all antiquities discovered for five years from the date of discovery in each case. The expropriation of the village of Castri is a difficult and tedious process; but it is to be hoped that work will actually begin upon the site of Delphi during the coming season. All will await its results with the highest interest, and with confidence that the French School, under the able direction of M. Homolle, will carry out the excavations with the same high efficiency that has marked its other undertakings.

scholarly journals The Role of Entrepreneurship in Changing The Employment Rate in The European Union

2021 ◽  
Author(s):  
Athanasios Anastasiou ◽  
Vasiliki Argiri ◽  
Dimitrios Komninos ◽  
Zacharias Dermatis ◽  
Christos Papageorgiou
Keyword(s):  
Economic Growth ◽  
Economic Activity ◽  
The European Union ◽  
Literature Research ◽  
Modern Economic ◽  
Key Features ◽  
The Right ◽  
New Jobs

Abstract The aim of this research is to examine the concept of entrepreneurship in the context of modern economic realities by presenting features and factors that contribute to economic growth. High unemployment, low economic growth and shrinking investment are key features of the long-term economic crisis at both national and European level.New entrepreneurship, combined with the strengthening of the existing one, is a powerful antidote to the fight against unemployment, as it provides the opportunity, mainly to young people, to innovate and create new products and services contributing to the wider economic and social whole, reducing unemployment while creating the right conditions for a remarkable and outward-looking economy. Taking into account the literature research, it is examined how the development of entrepreneurship actually contributes to the encouragement of economic activity, creating a favorable ground for growth in all sectors of the economy and the creation of new jobs.

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