Reincorporations: a comparison between Greek and Cyprus law

2018 ◽  
Vol 60 (3) ◽  
pp. 901-919
Author(s):  
Thomas Papadopoulos
Keyword(s):  
Careful Analysis ◽  
Legal Framework ◽  
Company Law ◽  
Comparative Approach ◽  
Private International Law ◽  
Content Type ◽  
Applicable Law ◽  
Incorporation Theory ◽  
Real Seat ◽  
Practical Implications

Purpose This paper aims to analyse the legal framework of reincorporations and subsequent change of applicable law in Greece and Cyprus. A comparison between Greek Law and Cyprus Law is drawn. This paper highlights possible required reforms. Cyprus has a quite detailed legal framework of voluntary inbound and outbound reincorporations. While Greece has certain provisions on outbound reincorporations, it does not have any provisions on inbound reincorporations. The compatibility of these national provisions with internal market rules, as interpreted by the case law of the Court of Justice of the EU (CJEU), is discussed. Design/methodology/approach This paper follows a comparative approach. After a careful analysis of each national legal framework, a comparison between Greek law and Cyprus law follows. This paper also follows an EU law approach. Findings These two jurisdictions present some differences. Cyprus adopting the incorporation theory has a detailed, sophisticated and flexible legal framework of reincorporations. Although Greece adopting the real seat theory has some special provisions for outbound reincorporations, there are no specific provisions for inbound reincorporations. Inbound reincorporations are possible under Greek law, but the absence of detailed provisions is against legal certainty. Cyprus law on reincorporations could be used as an example for Greek legislature. However, possible EU harmonisation of seat transfers is expected to have an immense impact on national provisions for reincorporations. Practical implications Reincorporations constitute a significant corporate restructuring technique with important practical implications on the economy. Apart from academics, this paper attracts the interest of lawyers, managers, accountants, officers of supervisory and regulatory bodies and policymakers engaged with reincorporations. Originality/value This is one of the few academic papers comparing Greek and Cyprus company law and private international law. It is the first paper that compares the Greek and Cyprus legal framework of reincorporations.

scholarly journals THE RIGHT TO ACQUIRE THE MOTHER'S NATIONALITY

2021 ◽  
Vol 03 (08) ◽  
pp. 225-240
Author(s):  
Hiba Thamer MAHMOOD
Keyword(s):  
International Law ◽  
Islamic Law ◽  
Comparative Approach ◽  
Private International Law ◽  
Human Right ◽  
Applicable Law ◽  
Mother And Child ◽  
The Right ◽  
International Conventions ◽  
Nationality Law

Acquiring the mother's nationality is a human right in general and the rights of the mother and child in particular stipulated in international conventions and the Iraqi constitution in force for the year 2005, in addition, the Iraqi Nationality Law stipulates the mother’s right to transmit nationality to her children, but according to conditions previously set by the Iraqi legislature, because it helps to reduce the issue of statelessness, is considered one of the important and contemporary jurisprudence topics, which stirred controversy among legal jurists between supporters and opponents, especially Islamic law jurists because the child is attributed to his father, and the state legislations differed in it, as well as in the legal implications of acquiring the mother’s nationality, including dual nationality, applicable law, inheritance issues and other Private international law matters. Therefore, the research dealt with the topic according to the comparative approach in two topics, the first study on the child's right to the nationality of his mother and was divided into two demands, the first requirement is what is the mother’s nationality, and the second requirement is about equality in the right to acquire a nationality, while the second topic examined the foundations of acquiring the mother’s nationality In the Iraqi Nationality Law, it was divided into two topics: The first requirement is the cases of acquiring the mother’s nationality in the Iraqi Nationality Law. The second requirement relates to how to acquire the mother’s nationality and its implications. Through the foregoing, where a number of results and proposals have been reached, we found that the transmit of nationality from the mother to the child born in the territory of a state would be beneficial in the event that the father's nationality had been rejected for political reasons, the issue of granting nationality by the mother to her children helped in the transfer of inheritance from the mother to the children and the acquisition of ownership, especially real estate, which states require the foreigner to have multiple conditions for approval of ownership, where countries have to unify their legislation regarding the mother's right to grant citizenship to her children based on the right of blood to limit the problems of international law, such as the issue of determining the applicable law, Actual nationality and other matters‎‎. Keywords: Mother's Nationality, Human Rights, Gender Equality, Acquisition of Nationality, Discrimination Against Women, International Conventions

Entrepreneurship and fintech development: comparing reward and equity crowdfunding

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ciro Troise ◽  
Diego Matricano ◽  
Elena Candelo ◽  
Mario Sorrentino
Keyword(s):  
Design Methodology ◽  
State Of The Art ◽  
Methodological Approach ◽  
Point Of View ◽  
Comparative Approach ◽  
Current Debate ◽  
Content Type ◽  
Equity Crowdfunding ◽  
Research Propositions ◽  
Practical Implications

Purpose Starting from the state-of-the-art of Fintech development, this study aims to propose some research propositions comparing reward-crowdfunding (RCF) and equity-crowdfunding (ECF). In this sense, the present research provides a comprehensive analysis of fintech development and – to conceptualize the comparison between RCF and ECF – it focuses on campaigns’ characteristics, aims and post-campaigns scenarios. Design/methodology/approach All the research propositions related to the comparison between RCF and ECF are rooted in dedicated literature. The methodological approach adopted in the present paper can be referred to theorizing. Findings This study suggests that five key elements characterize the development of fintech: regulation, infrastructure, technologies, finance and innovations. The research provides nine propositions: four related to the campaigns’ characteristics; two related to the use of crowdfunding models by entrepreneurs; and three related to the performance of crowdfunded companies. Practical implications By offering nine research propositions, this study is expected to foster and support the investigation of fintech development from an entrepreneurial and managerial point of view. Originality/value To the best of authors’ knowledge, this study is among the first to explore the fintech development and to propose a comparative approach between RCF and ECF. This research contributes to the current debate on fintech development as well as on the comparison between crowdfunding models.

Need to pioneer Islamic tourism in tourist resorts in Maldives

2019 ◽  
Vol 11 (4) ◽  
pp. 895-916
Author(s):  
Aishath Muneeza ◽  
Zakariya Mustapha ◽  
Fathimath Nashwa Badeeu ◽  
Aminath Reesha Nafiz
Keyword(s):  
Design Methodology ◽  
Secondary Data ◽  
Legal Framework ◽  
Tourism Industry ◽  
Qualitative Approach ◽  
Financing Structure ◽  
Content Type ◽  
The Subject ◽  
Practical Implications ◽  
Insight Into

Purpose The purpose of this paper is to formulate ways in which Maldives could pioneer Islamic tourism on a befitting framework and financing structure as a leverage to develop its tourism industry. Design/methodology/approach The research uses qualitative approach whereby primary and empirical data on tourism practices as well as relevant laws and guidelines, issued in Maldives and in other Muslim jurisdictions of the Muslim, are analyzed. Doctrinal approach is used in analyzing secondary data on the subject. Findings The research reveals the potential of Islamic tourism in Maldives as well as the challenges that have constrained its development in the country. Certainty is needed in halal products, services and conducts. Codifying extant Maldives Halal Tourism Standards will establish legal framework for a standard Shariah-compliant tourism industry. Islamic financing structure enables mobilizing required funds and address financing constraints. Practical implications This research presents an insight into establishing and developing Islamic tourism industry in the Maldives. Harmonizing tourism regulations with Shariah shall bring about the required consciousness on Shariah compliance in target tourists and their desires. Private individuals can contribute in mobilizing the much needed Shariah-compliant resources to finance Islamic model resorts befitting an Islamic tourism industry. Originality/value The research puts forward proposal that identifies and recognizes a more viable Islamic financing alternative as well as Shariah-compliant regulations to pioneer the development of Islamic tourism in Maldives. The research recommends how to overcome related challenges helps government understand the proposed strategies for establishing Islamic tourism industry.

The implementation of the SADC code on HIV/AIDS and employment in Mauritius: successes and prospects

2020 ◽  
Vol 62 (4) ◽  
pp. 355-364
Author(s):  
Roopanand Mahadew
Keyword(s):  
Legal Framework ◽  
Legal Aspects ◽  
Comprehensive Overview ◽  
Content Type ◽  
Case Study Analysis ◽  
Civil Society Organisations ◽  
African Community ◽  
Practical Implications ◽  
Hiv Aids

Purpose The purpose of this paper is to provide a comprehensive overview of the implementation of the Southern African Community Development (SADC) Code on HIV/AIDS and employment in Mauritius. It focusses on the existing normative framework on HIV/AIDS and employment in Mauritius and the ways in which adopting various aspects of the SADC Code could further bolster the framework for more effective protection of people with HIV/AIDS at the workplace. Design/methodology/approach The methodology used is based on a mix of the legal research method and case study analysis. The SADC Code is analysed, and its application and relevance to the Mauritian context are assessed. Findings The implementation of the SADC Code into the Mauritian legal framework is still at its infancy. Despite being a state party to it, Mauritius has not done much towards the domestication of the Code which explains the incomplete protection of employees with HIV/AIDS at the workplace from discrimination. Practical implications This paper serves as a tool for civil society organisations and other stakeholders to understand the SADC Code and also to engage in a debate related to its implementation in Mauritius. Originality/value There has been dearth of literature on the legal aspects of HIV/AIDS and employment in Mauritius. This paper serves as a platform on which this debate can be initiated and continued.

Reflections on civil culpability and accountability in the destabilization of financial institutions

2010 ◽  
Vol 17 (3) ◽  
pp. 333-336
Author(s):  
Mario Serio
Keyword(s):  
Financial Markets ◽  
Financial Institutions ◽  
Design Methodology ◽  
Practical Implication ◽  
Comparative Approach ◽  
Private Law ◽  
New Approach ◽  
Content Type ◽  
The Public ◽  
Practical Implications

PurposeThe purpose of this paper is to try and trace a new itinerary in the matter of the destabilization of financial institutions, i.e. the identification of a catalogue of measures that private law can offer in order to make sure that all unlawful initiatives resulting in the loss of credibility of financial markets and prejudice to the public at large do not escape the imposition of all possible liabilities.Design/methodology/approachThe matter here applied consists of the recourse to a number of experiences deriving from European legal systems that have tackled the phenomenon of unlawful attacks on the integrity of the financial markets through individual or organized acts. This comparative approach also benefits from the scrutiny of both legislation and judicial decisions: the latter are also looked at from the perspective of legal authors.FindingsThe most striking result of the research is that the instruments provided for by the private law remedies seem to be very efficient in the contrast of unlawful practices adversely affecting financial markets: the new spirit emerging from this survey is that it is imperative to set aside all contracts and agreements aimed at creating illicit ways to make profits and hide their origins.Practical implicationsThe practical implication should be to encourage all institutions with the task of checking the good functioning of financial markets to avail themselves of the tools here described to stabilize markets and deprive illegal contracts of their ill effects: it would be most desirable if such an approach were to be taken.Originality/valueThe novelty lies in the new approach described above (practical implications).

scholarly journals Defamation on Social Media

2021 ◽  
Vol 5 (1) ◽  
pp. 121-134
Author(s):  
Sandra Sakolciová
Keyword(s):  
Social Media ◽  
International Law ◽  
Case Law ◽  
Legal Framework ◽  
Status Quo ◽  
Private International Law ◽  
Online Environment ◽  
Negative Effects ◽  
Applicable Law ◽  
Cross Border

There is no doubt that social media have become a very important part of many people’s everyday life. The consequences of their usage is an increased engagement in defamation, most likely due to the aspect of anonymity present in the online environment. Such cross-border (or more precisely border-less) defamation raises difficult challenges in terms of jurisdiction and applicable law. These challenges, which will be analysed in more detail in the article, remain unresolved up until today. Moreover, negative effects occur not only within private international law itself, but status quo significantly influences the exercise of basic human rights, too. Besides analysing the existing EU legal framework and applicable case-law, the article also looks into the possible alternatives.

Informal learning spaces (ILS) in university libraries and their campuses

2016 ◽  
Vol 117 (1/2) ◽  
pp. 49-62 ◽  
Author(s):  
Matthew Cunningham ◽  
Graham Walton
Keyword(s):  
Informal Learning ◽  
Design Methodology ◽  
Single Case ◽  
Comparative Approach ◽  
University Libraries ◽  
Learning Spaces ◽  
Structured Interviews ◽  
Content Type ◽  
Practical Implications

Purpose – This paper aims to explore at Loughborough University (UK) how informal learning spaces (ILS) are used by students in the Library and elsewhere on campus. Focus includes learning activities undertaken by students, reasons why the ILS is chosen, suggestions on how they can be improved and how technologies are used. Comparison will be drawn between how students use Library ILS and other ILS. Design/methodology/approach – Case study based at Loughborough University and its Library. Semi-structured interviews were held with 265 students in various ILS spaces across campus. Findings – Similarities and differences are present in the way students use Library ILS compared with other ILS campus spaces. These include impact of campus geography and individual academic levels of students. Research limitations/implications – This is a single case study and the results can only relate to Loughborough University. There may be some lessons and themes that are relevant to other universities. The number of interviewees is relatively small. Practical implications – Highlights the need for cooperation between various university stakeholders to strategically and operationally manage different ILS on campus. Originality/value – This is one of the very few studies that investigate together the range of ILS including the Library in a comparative approach.

scholarly journals Who’s in charge, in whose interest? The experience of ownership and accountability in the charity sector

2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Donald Nordberg
Keyword(s):  
Empirical Work ◽  
Company Law ◽  
Psychological Ownership ◽  
Content Type ◽  
Non Profit ◽  
Regulatory Constraints ◽  
Material Benefits ◽  
The Uk ◽  
Valuable Role ◽  
Practical Implications

Purpose This paper aims to examine the puzzles of “ownership”, the legal and psychological commitment of directors, through the experience of the work of boards at non-profit organisations. Design/methodology/approach An exploration of the literature on charity governance leads to a first-person reflection on the tensions in directing two common types of non-profit organisations. Findings In the UK as in other countries, charities are companies, bound by company law as well as regulatory constraints of the non-profit sector. This creates responsibilities of ownership without the material benefits. In contrast to corporate share ownership, a sense of psychological ownership may pre-date appointment as a director, facilitating stewardship behaviour, facilitating stewardship and accountability. Research limitations/implications This paper calls for expanded empirical work on boards of non-profit organisations, giving a focused agenda of aspects to highlight the differences between charities and the corporate sector. Practical implications The focus on psychological ownership can influence recruitment, induction and organisation of the work of charity boards, helping to ease resource deficits. Social implications With pressure mounting in deliver of public services, the charity sector needs to fill growing gaps in provision. The constitution of boards plays a valuable role. Originality/value By incorporating psychological ownership in a framework of accountability, this paper points towards both a research agenda and practical considerations for charity boards.

E-ViVa, the national Hellenic fulltext database on Librarianship and Information Science

2014 ◽  
Vol 48 (4) ◽  
pp. 383-393
Author(s):  
Filippos Tsimpoglou ◽  
Vasiliki V. Koukounidou ◽  
Eleni K. Sakka
Keyword(s):  
Information Science ◽  
Scientific Paper ◽  
Legal Framework ◽  
Content Type ◽  
Open Access Database ◽  
The University ◽  
National Databases ◽  
Practical Implications ◽  
Scientific Fields ◽  
Future Plans

Purpose – The purpose of this paper is to present E-ViVa (Ellinike Vivliothikonomike Vase), the national Hellenic fulltext database on Librarianship and Information Science, developed by the Library of the University of Cyprus. The objectives of E-ViVa are to identify, locate, gather, organize, index, digitize, preserve and promote the results of the research conducted in Greece and Cyprus in the scientific fields of Archival, Library and Information Sciences. Design/methodology/approach – The paper provides data concerning the volume, the coverage, the inclusion criteria, the content, the format and the platform of the database, as well as the steps that have been followed for the development. The legal framework related with the copyright issues that are raised are also discussed. Findings – A comparison is attempted between the coverage of E-ViVa and the relative records included in five subject-related databases: eLIS, LISA, LISTA, ISI-SSCI and SCOPUS. Finally the future plans for the project are presented. Research limitations/implications – Future plans concerning E-ViVa are based on the completeness of the database, the linguistic exploitation of the terms used through time and check of Lotka's law application concerning authors. Practical implications – As the vast majority of the records and fulltext are not provided by any other organized database, E-ViVa emerges as a “must search first” for any future author of scientific paper concerning the situation on librarianship research in Greece and Cyprus. The case of E-ViVa and the methodology that was followed can be used as a pattern for developing national databases on LIS or other fields. Social implications – E-ViVa is offered as an open access database with fulltext. Originality/value – E-ViVa is the only fulltext database on Librarianship and Information Science, which concentrates the related publications produced in or related to Greece and Cyprus.

scholarly journals BREXIT AND THE IMPLICATIONS FOR TACIT CHOICE OF LAW IN THE UNITED KINGDOM

Obiter ◽  
2018 ◽  
Vol 39 (3) ◽  
Author(s):  
Garth Bouwers
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Legal Framework ◽  
Private International Law ◽  
The European Union ◽  
European Union Law ◽  
Choice Of Law ◽  
Applicable Law ◽  
The United Kingdom

The influence of European Union law on the United Kingdom is noteworthy. In the commercial arena, it has transformed the rules of private international law in the United Kingdom. The European Union has established a common framework for jurisdiction of national courts, the recognition and enforcement of judgments and the determination of the applicable law. The article highlights the implications of Brexit on the determination of the applicable law in the United Kingdom, more specifically, its impact on a tacit choice of law in international commercial contracts. The article examines the current legal position in the United Kingdom (i.e. the legal framework in a so-called “soft-Brexit” scenario). Secondly, the article analyses the effect of a complete withdrawal from the European Union (i.e. the legal framework in a “hard- Brexit” scenario).

Sign in / Sign up

Export Citation Format

Share Document