Conclusion

Author(s):  
Andreas Televantos

This concluding chapter reiterates the points made in the previous chapters to tell a story of how a commercial law was created by giving voice in law to broader political economic concerns. Although, as with the Factors Acts, there were instances of conflict between judges and merchants, the overall picture here is not one of judges pushing back against merchants riding the tide of economic progress. Unlike many modern courts, judges did not see their role as simply encouraging commercial activity. This was rooted in the wider belief that commercial activity was not per se desirable, as too much trade was causing economic instability. This was not a mindset specific to judges or lawyers. This analysis itself raises a broader question. Given that large joint stock companies were perceived of us inefficient and even immoral, why did England introduce general incorporation in 1844, and limited liability in 1855? The chapter draws from the foregoing analysis to make some observations.

2020 ◽  
Vol 9 (3) ◽  
pp. 538
Author(s):  
Inna Kovalchuk ◽  
Olesia Melnyk ◽  
Anna Pakhomova

The article is devoted to theoretical and practical aspects of reforming the commercial and legal regulation of advisory services in the agrarian business of Ukraine. The characteristic of agricultural advisory activity model structure in Ukraine is given, which currently consists of several levels of subjects of such activity: the first level - national, nationwide; second level - regional; third level - local; fourth level - personal. Particular attention is given to the legal analysis of the essence of "advisory services in the agricultural business" as a type of commercial activity, and taking into account the provisions of the current legislation, it is proved that in its essence and legal nature - agribusiness advisory is an institution of commercial law. The article examines and characterizes a typical business agreement for the provision of advisory services in the agricultural sector of the Ukrainian economy, the essential conditions for this type of contracts are given, and their characteristics are defined. The advisory activity is seen as an effective instrument of state agrarian policy. Keywords: commercial and legal regulation, advisory service, advisory activity, agrarian business, advisor, expert consulting services, consulting


2017 ◽  
Vol 3 (1) ◽  
pp. 1
Author(s):  
LESTARI NINGRUM

Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The purpose of this research is to analyze the linkage of the board directors and the status of aviation industry licensing law. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study. The result shows that the airlines company should provide the capital risk and high insurance of the third party. UUPT also has given the authority of the shareholders (who owns 20 % of the share) to be decision makers in the company. However, without independent surveillance, it is possible that the shareholders do some mistakes in making decisions. Some mistakes are related to the policy, the using of authorized capital, and others. Aviation business is a capital intensive and high risk in terms of safety. Legislation in force in Indonesia requires enterprises should cost in the form of a limited liability company that is obliged to deposit the basic capital of 500 billion rupiah. The capital cannot be made in working capital which is useful for the collateral to a third party. The regulations for a limited liability company are to be established by at least 2 people. The position of the legal status of business entities where shareholder is only one person is to be studied in this descriptive study.


2021 ◽  
Vol 39 (3) ◽  
Author(s):  
Paulo Meira e Silva de OLIVEIRA

Social inequality is the phenomenon that differentiates between people in the context of the same society, placing some individuals in structurally more advantageous conditions than others. It manifests itself in all aspects: political, economic among others. The main causes of inequality are investment lack in social areas, health and education. Among the consequences of inequality, we highlight: increased violence, poverty, delay in economic progress; hunger, destruction and infant mortality; young marginalization people, and finally; rising unemployment. Among the main inequality types, we highlight: people with and without disabilities, regions, races; income and sex. To measure this inequality, we highlight HDI, Theil and MPI. A person with a disability is any person who presents a loss or abnormality that generates an inability to perform one or more activities, and these characteristics hinder their social inclusion, access to the labor market, transportation, education, financing and training; urban and environmental barriers, and finally; ignorance of employers. Situations like these provide disabilities people with lower wages when employed, worse purchasing power, less social participation providing greater exclusion and disadvantaged situations when compared to those without disabilities. For this work we used exploratory analysis techniques considering data sets from the 2010 IBGE Census and UNDP.


Author(s):  
Tibor Tajti

Chapter VI is a new chapter in the EIR. Its presence signals the importance that data protection law has gained in Europe since the adoption of the Data Protection Directive 95/46/EC (DPD) and Regulation 45/2001. Although the DPD is not—though it comes close to—a maximum harmonisation directive, its implementation by Member States by the end of 1998 increased data protection standards on national levels as well. Yet the concrete reason that led to the addition of this Chapter is the expanded scope of the EIR as far as the exchange and publication of personal data is concerned. The expansion and thus the enhanced need for data protection is due in particular to the provision made in the recast EIR for newly established interconnected national insolvency registers, accessible via the European e-Justice Portal. This provision has been made at a time when data protection law is increasingly recognised as a ‘stand-alone’ subject, emancipated from privacy law, as expressed indirectly also by the popularisation of the ‘data protection’ nomenclature originating in the German term ‘Datenschutz’. This has clear implications for private and commercial law, including insolvency law.


2019 ◽  
Vol 1 (86) ◽  
pp. 76
Author(s):  
Aldis Kaļva

The paper explores termination of the activity of a capital company if it cannot be reached at its registered office. For almost ten years, there is a grapple with a problem that limited liability companies are absent at their legal addresses or the consent of the owners of the property is forged to register the legal address of the company. Regulations have already been amended for several times with the aim of eliminating unfair practices, however, with little success up to now. Recently, in 2017, the amendments to the Commercial Law have come into force, which provides for the elimination of a capital company that will not be accessible at its legal address; therefore it is important to study the particular issue to determine the impact of the aforementioned amendments on the registration of a front company. As the aim of the paper was set to discover and analyse the problem of capital companies’ simplified liquidation if they cannot be reached at their legal addresses. Systemic, dogmatic and comparative methods of studying and analyzing normative acts and court rulings have been used in the paper.


2019 ◽  
Vol 2 (2) ◽  
pp. 213-229
Author(s):  
Sead Selimović ◽  

The school system represents one of the most important segments for each state and society. For this reason, and for a number of other reasons, the authorities are trying to put schools under their control. Through the education of Bosnia and Herzegovina, political, economic, cultural, national and other goals of the ruling political elites were achieved. The curricula removed contents whose educational goals were in line with the interests of the Austro-Hungarian regime. The ruling elite was spreading the idea of a "three-nation nation", seeking to create a unique political, economic, educational and cultural space. Schools were given the task of developing the idea of a common fold and the idea of '' national and national unity ''. The idea, in the view of the ruling elite, could have been realized by schools, not by the army and officials. Teachers who had to respond to the '' spirit of the times '', as well as curricula and textbooks, played an important role in achieving the goals. Significant changes were made in the group of national subjects (history, geography, Serbian or Croatian language), with an emphasis on the history and geography of Serbs, Croats and Slovenes, and works on Serbian, Croatian or Slovenian literature were prescribed for the school textbook. Most of the textbooks were written by authors from Croatia and Serbia, while only a small number were from Bosnia and Herzegovina.


2020 ◽  
pp. 25
Author(s):  
Konstantinos Papageorgiou ◽  
Demetrios Lekkas

In this work, we undertake the task of laying out some basic considerations towards straightening out the foundations of an abstract logical system. We venture to explain what theory is as well as what is not theory, to discriminate between the roles of truth in theory and in reality, as well as to open the road towards clarifying the relationship between theory and the real world. Etymological, cultural and conceptual analyses of truth are brought forth in order to reveal problems in modern approaches and to set the stage for more consistent solutions. One such problem addressed here is related to negation per se, to its asymmetry towards affirmative statements and to the essential ramifications of this duality with respect to the common perceptual and linguistic aspects of words indicating concepts akin to truth in various languages and to attitudes reflected and perpetuated in them and to their consequent use in attempted informal or formal logic and its understanding. Finally, a case study invoking the causes or “causes” of gravity both clarifies and reinforces the points made in this paper.


Author(s):  
Bashar H. Malkawi

Corporate governance is developing rapidly in many countries across the world. In this article, the existing state of corporate governance in Jordan is examined. Jordan does not have a corporate governance code per se. The article reveals that overall Jordan has in place some of the features of corporate governance best practice, but that there remains further progress to be made in areas such as independence of directors, compensation, and correlation between shareholding and entitlement to seats on the board. The article recommends legal reforms in order to enhance corporate governance in Jordan.


2019 ◽  
Vol 2 (55) ◽  
pp. 157
Author(s):  
Fábio Da Silva VEIGA ◽  
João Otávio Bacchi GUTINIEKI

RESUMOPelo presente trabalho apresenta-se a teoria neoestruturalista como uma resposta aos desafios enfrentados pelo Direito na atualidade. Para tanto, busca-se conceituar a maneira segundo a qual aplicar-se-ia esta teoria, bem como demonstrar situações práticas que envolvem diretamente a conjuntura político-econômica em seu contato com o Direito Comercial. Por fim, analisa-se o risco, assim como a plausibilidade do estruturalismo frente aos desafios jurídicos atuais. PALAVRAS-CHAVE: Desenvolvimento; legislação comercial; neoestruturalismo; proteção de interesses; poder econômico. ABSTRACT The present paper presents the neo-structuralist theory as a response to the challenges faced by law today. In order to do so, it seeks to conceptualize the way in which this theory would be applied, as well as to demonstrate practical situations that directly involve the political-economic conjuncture in its contact with Commercial Law. Finally, we analyze the risk as well as the plausibility of structuralism in the face of current legal challenges. KEYWORDS: Development; Commercial Legislation; Neo-Structuralism; Protection Of Interests; Economic Power.


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