Enforcement

2021 ◽  
pp. 237-258
Author(s):  
Eva Micheler
Keyword(s):  
Public Law ◽  
Third Parties ◽  
Normal Process ◽  
Minority Shareholders ◽  
Public Enforcement ◽  
Private And Public ◽  
The Law

This chapter studies the rules governing the enforcement of the duties imposed on directors, distinguishing between private and public enforcement. Directors owe their duties to the company and so the company is responsible for enforcing these duties. The law prefers such litigation decisions to be taken by the company through its normal process. The courts only interfere if that process cannot be made to work independently of the wrong-doers. It is unlikely for a derivative claim to succeed against the wishes of an independent majority and so it is right to observe that the shareholders are the main focus of the law. But here too the law is more nuanced and integrates the interests of minority shareholders and creditors. The duties of the directors are also enforced through the means of public law. The chapter then shows that public law sanctions particularly attach in relation to duties that enhance the interest of third parties interacting with the company. This leads to the conclusion that these interests are at least formally better protected than those of the shareholders.

scholarly journals Dualism of Public Relations Regulation (Legal and Regulatory Regulation)

2021 ◽  
pp. 7-16
Author(s):  
V. F. Popondopoulo ◽  
Keyword(s):  
Public Relations ◽  
Power Relations ◽  
Self Regulation ◽  
Public Law ◽  
Regulatory Regime ◽  
Private And Public ◽  
The Law ◽  
Legal Forms ◽  
The Right

The article examines the issues of differentiation of the regulation of public relations, defined primarily by the differentiation of public relations, and then inherent in their legal forms (based on self-regulation) and external regulatory forms (based on power regulations). The need to renounce the traditional differentiation of the right to industry, including its division into so-called private and public law, is justified because it reflects external forms of expression of law, i.e. differentiation of legislation governing a variety of public relations, divided into private and public relations. The notion of dualism (pluralism) of the law must be replaced (or at least interpreted) with the notion of dualism of the regulation of public relations, meaning legal and regulatory regulation, with all the ensuing consequences. Such an approach implies the need to clarify the entire terminology range of jurisprudence. This article discusses issues such as the legal and regulatory regime (mechanism) of public relations regulation, legal and regulatory principles for regulating public relations, legal and regulatory legal facts, as circumstances that are the basis for the emergence, change and termination of legal relations and power relations.

The French Roots of Russian Law: Historical Analysis

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0
Author(s):  
Мария Захарова ◽  
Mariya Zakharova
Keyword(s):  
Legal System ◽  
Historical Analysis ◽  
Public Law ◽  
French Law ◽  
Long Period ◽  
French Experience ◽  
Close Relationship ◽  
Private And Public ◽  
Russian Law ◽  
The Law

In the article, the author carries out a historical analysis of the French law influence on the development of the Russian legal system. In this article, the author refers to the assessment of such influence at the level of the “spirit” and the “letter” of the law. In particular, “the spirit” of the French law penetrated into the Russian terrain due to close relationship maintained between France and Russia for a long period. One can observe direct dispersive influence of the French law on the evolution of the domestic system of justice at the level of the “letter” of the law in the process of drafting and implementation of the private and public law reforms. Summing up the results of the conducted research, the author, in general, positively evaluates the results of the open model of development of the Russian legal system, involving the use of foreign (particularly French) experience in the reconstruction of the national legal order, and concludes that in the context of the reforms, the Russian legislator should not maintain aloofness to global legal trends, but be part of the whole, without ceasing to be individual.

Enforcement

2019 ◽  
pp. 669-720
Author(s):  
Carsten Gerner-Beuerle ◽  
Michael Schillig
Keyword(s):  
Final Section ◽  
Practical Importance ◽  
Civil Law ◽  
Public Law ◽  
Private Enforcement ◽  
Minority Shareholders ◽  
Public Enforcement ◽  
Great Practical Importance ◽  
Enforcement Mechanisms ◽  
A Company

This chapter explores whether the lower level of investor protection that some commentators associate with the civil law can be explained with deficiencies in the enforcement mechanisms that investors, and in particular minority shareholders, have at their disposal. It starts with a discussion of the so-called ‘contracwetualisation of responsibility’. It then analyses how the claims that a company has against its own directors can be enforced, in particular, by minority shareholders. The last part of the chapter gives an overview of substitute enforcement mechanisms for the minority shareholder lawsuit that are of great practical importance in some jurisdictions. In contrast to litigation by the company (acting through its authorized organ or minority shareholders), these substitute mechanisms are predominantly of a public law nature. Thus, this final section will illustrate how some legal systems have a preference for public enforcement, while others rely extensively on private enforcement.

scholarly journals Г. РАДБРУХ ПРО ЦІННІСНУ ПРИРОДУ ПРАВА

2019 ◽  
Vol 13 ◽  
pp. 123-131
Author(s):  
В. В. Дудченко
Keyword(s):  
Public Law ◽  
Law And Ethics ◽  
Statutory Law ◽  
Private And Public ◽  
The Law ◽  
Philosophical Doctrine

Проаналізовано головні теми філософського вчення про право Радбруха, а саме методологію права, факти і цінності, цінність природи права, право і етика, мета у праві, приватне і публічне право, правова держава, законне неправо і надзаконне право. Усі теми вчення поєднані формулою Радбруха, згідно з якою не право залишиться не пра­вом, навіть коли йому надати форму закону.   Analyzed the main themes of the philosophical doctrine of the law of Radbruch, namely the methodology of law, facts and values, the value of the nature of law, law and ethics, the purpose of the law, private and public law, legal State, statutory lawlessness and supra-statutory law. All the themes of the teachings have been composed by Radbruch formula, according to which lawlessness will remain lawlessness, even if it is shaped in the form of law.

scholarly journals Private and public law: mordern views on the problem of defenition and division

2016 ◽  
Vol 3 (3) ◽  
pp. 103-110
Author(s):  
V V Guryanova
Keyword(s):  
Rule Of Law ◽  
Public Law ◽  
The State ◽  
Behavior Model ◽  
Private Law ◽  
International Level ◽  
Objective Criterion ◽  
The Rule Of Law ◽  
Private And Public ◽  
The Law

In the article is considered the interest in the norm of law as objective criterion of the division of the law to private and public. Author proposes to determine these areas of law in the following way. Public law is complex of the rule of law which governs the behavior model of subjects for the implementation and protection of the state, national, international interests. Private law is complex of the rule of law which establish the model of behavior of subjects in order to implementation and protect the interests of individuals and organization, not only at national but also at international level.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

Private and Public Law

2020 ◽  
pp. 574-592
Author(s):  
Thomas W. Merrill
Keyword(s):  
Law And Economics ◽  
Public Law ◽  
Private Law ◽  
General Criterion ◽  
The Public ◽  
Private Ordering ◽  
Public Rights ◽  
Private And Public ◽  
The Relationship ◽  
Derivatives Of

This chapter explores the relationship between private and public law. In civil law countries, the public-private distinction serves as an organizing principle of the entire legal system. In common law jurisdictions, the distinction is at best an implicit design principle and is used primarily as an informal device for categorizing different fields of law. Even if not explicitly recognized as an organizing principle, however, it is plausible that private and public law perform distinct functions. Private law supplies the tools that make private ordering possible—the discretionary decisions that individuals make in structuring their lives. Public law is concerned with providing public goods—broadly defined—that cannot be adequately supplied by private ordering. In the twentieth and twenty-first centuries, various schools of thought derived from utilitarianism have assimilated both private and public rights to the same general criterion of aggregate welfare analysis. This has left judges with no clear conception of the distinction between private and public law. Another problematic feature of modern legal thought is a curious inversion in which scholars who focus on fields of private law have turned increasingly to law and economics, one of the derivatives of utilitarianism, whereas scholars who concern themselves with public law are increasingly drawn to new versions of natural rights thinking, in the form of universal human rights.

‘Were it not against our laws’: oppression and resistance in Shakespeare's Comedy of Errors

Legal Studies ◽  
2009 ◽  
Vol 29 (2) ◽  
pp. 230-263 ◽  
Author(s):  
Eric Heinze
Keyword(s):  
Early Modern ◽  
Public Law ◽  
Legal Norm ◽  
Private And Public ◽  
Parent Child

The Comedy of Errors, always loved on the stage, has long been deemed less substantial than Shakespeare's ‘mature’ works. Its references to private and public law have certainly been noted: a trial, a breached contract, a stand-off between monarchical and parliamentary powers. Yet the play's legal elements are more than historical curios within an otherwise light-hearted venture. The play is pervasively structured by an array of socio-legal dualisms: master–servant, husband–wife, native–alien, parent–child, monarch–parliament, buyer–seller. All confront fraught transitions from pre-modern to early modern forms. Those fundamentally legal relationships fuel character and action, even where no conventionally legal norm or procedure is at issue. ‘Errors’ in the play serve constantly to highlight unstable and shifting relationships of dominance and submission. Law undergoes its own transition from feudal–aristocratic to commercial forms. Through a theatrical framing device, it thereby re-emerges to remind us that those dualisms, even in their new incarnations, will remain squarely within law's ambit.

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