To What Extent Do Differences in Legal Systems Affect Cross-Border Insolvency? Evidence from Foreign-Owned Italian Firms

2016 ◽  
pp. 161-188 ◽  
Author(s):  
Rosanna Pittiglio ◽  
Filippo Reganati ◽  
Claudia Tedeschi
Keyword(s):  
Legal Systems ◽  
Cross Border

scholarly journals SPECIALIZATION OF JURISDICTION BACK FROM OBLIVION – A NEW ATTENTIVE AND ASSIDOUS APPROACH TO COMPLEX CROSS BORDER FAMILY LAW CASES OR POSSIBLE REVITALIZATION OF ‘MUTUAL TRUST’

2021 ◽  
Author(s):  
Milka Rakočević ◽  
Ilija Rumenov
Keyword(s):  
International Law ◽  
Family Law ◽  
Private International Law ◽  
Mutual Trust ◽  
Legal Systems ◽  
The European Union ◽  
Political Decision ◽  
Cross Border ◽  
Complex Cross ◽  
The Hague

New trend emerges in the quest for establishing real actual trust between the main stakeholders in the complex cross border family law cases, which is providing for concentration of jurisdiction. The Hague Conference of Private International Law (HCCH) and the European Union (EU) are in forefront of establishing concentrating jurisdiction for those proceedings based on limitation of the number of courts in order to solve two problems: to enhance the predictability and the uniformity of the outcomes in these cases and to re-establish the mutual trust on realistic grounds instead of its current notion as a political decision. Such strategy is welcomed since it starts from the bottom and it tends to elevate the trust between the persons concerned in these proceedings and with that it stretches its prerogatives to the top, which is to enhance the trust between the legal systems. Whether it will succeed it depends again on the modalities of its establishment in the national legal systems. Generally, specialization of jurisdiction is frequently considered to be an important reform initiative in improving the development of a successful judicial system which is why it is recognized as a rapidly growing trend regarding the organization of the judiciary systems worldwide. The article will discuss the concepts of specialization of jurisdiction and its possible implementation in the national legal system of Republic of North Macedonia (N. Macedonia) regarding the complex cross border family law cases.

scholarly journals Conflict and the history of conflict mediation

2021 ◽  
pp. 71-83
Author(s):  
Constantin Mihalescu ◽  
Keyword(s):  
European Parliament ◽  
Legal Systems ◽  
Member States ◽  
Republic Of Moldova ◽  
Cross Border ◽  
Conflict Mediation ◽  
History Of ◽  
American Way ◽  
The Republic

Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation used to exist from the early times of the civilization, and in the form we see it nowadays appeared in Europe ‘90s through the American way, as through Directive CE / 52/2008 of the European Parliament, all the Member States needed to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties’ affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. We consider that analyzing the history of the mediation institution could help strengthen citizens’ trust in this way of resolving voluntary and alternative disputes through a mediator.

Verwaltungskooperation in der Europaregion

2019 ◽  
Keyword(s):  
Public Administration ◽  
European Region ◽  
Legal Systems ◽  
South Tyrol ◽  
Border Regions ◽  
Common Space ◽  
Cross Border

Cooperation is both a challenge and a necessity for modern public administration authorities. The increasing differentiation in public administration requires increasing cooperation to create synergy. Nevertheless, cooperation faces many difficulties due to different legal systems or administrative cultures. Furthermore, cross-border administrative cooperation has to meet challenges set by various national and subnational legal systems. Cooperation between regional administrations is inevitable if cross-border regions want to create a common space for their citizens. This volume examines cross-border administrative cooperation, especially illustrated by the example of the European region that encompasses Tyrol, South Tyrol and Trentino. With contributions by Bernhard Raschauer, Barbara Marchetti, Peter Bußjäger, Simone Carrea, Alice Engl, Melanie Plangger, Hans Martin Tschudi, Martina Büchel-Germann, Günther Pallaver/Christian Traweger, Alex Boninsegna/Christoph Mitterer/Rudolf Pollinger, Andreas Greiter, Fabio Scalet/Marilena Defrancesco/Valentina Piffer, Anna Gamper

Cross-Border Medical Care and Telemedicine

2012 ◽  
Vol 3 (1) ◽  
pp. 46-61
Author(s):  
Isao Nakajima
Keyword(s):  
Diagnostic Imaging ◽  
Medical Care ◽  
Medical Tourism ◽  
Mutual Recognition ◽  
Legal Systems ◽  
Societal Factors ◽  
Cross Border ◽  
National Medical ◽  
Medical License ◽  
Communication Lines

Globalization is making cross-border medical care a reality. Cross-border medical care has three aspects: information, patients, and practitioners. The outsourcing of diagnostic imaging via communication lines has begun, and information on treatment poised to cross borders. However, the latter possibility raises issues concerning legal medical qualifications. Japanese legislation bans medical practice by persons not licensed by the Minister of Health, Labour and Welfare. The Ministry of Health, Labour and Welfare recently issued a bulletin regarding the medical activities of foreign licensed physicians and an interpretation of Article 17 of the Medical Practitioner’s Act, permitting foreign licensed physicians to provide medical care in the event of disasters. European countries have established a system for mutual recognition of national medical licenses, and cross-border medical care has achieved a solid foothold there. Based on these societal factors, Japan must revise its legal systems or conclude bilateral medical license recognition agreements. This paper describes the various difficulties and obstacles confronting Japan as it modifies its legal systems to achieve cross-border remote medical care and medical tourism and proposes some concrete solutions.

Cross-border Development Plans—An Outline of a Useful Planning Instrument for European Border Regions

2009 ◽  
Vol 6 (2) ◽  
pp. 233-253
Author(s):  
Martin Kment
Keyword(s):  
Public Participation ◽  
Legal Framework ◽  
Legal Systems ◽  
Border Regions ◽  
Advantages And Disadvantages ◽  
Cross Border ◽  
Procedural Law ◽  
Development Plans

AbstractThis article addresses the legal framework, the benefits and the difficulties of cross-border development plans. They will be presented by examining the advantages and disadvantages of two possible models with respect to a range of relevant criteria. The most important criteria are elements of procedural law, especially public participation; the preparation of planning regulations; the structure of the planning entity; and the implementation of templates into national legal systems. This analysis will point out, that the greatest obstacle to be overcome is assimilating the legal systems of the states involved—irrespective of which model is taken into account.

Legal systems and gains from cross-border acquisitions

2012 ◽  
Vol 65 (9) ◽  
pp. 1301-1312 ◽  
Author(s):  
Leonidas Barbopoulos ◽  
Krishna Paudyal ◽  
Gioia Pescetto
Keyword(s):  
Legal Systems ◽  
Cross Border

scholarly journals The need to strengthen the mediation institution in commercial cases in Romania and the Republic of Moldova

2021 ◽  
pp. 109-119
Author(s):  
Constantin Mihalescu ◽  
Keyword(s):  
Vegetative State ◽  
European Parliament ◽  
Legal Systems ◽  
Member States ◽  
Republic Of Moldova ◽  
Cross Border ◽  
The Republic ◽  
Commercial Disputes

Mediation has represented and represents an alternative for state justice that impartially solves a conflict between two parties. Mediation, as it’s generally known today, appeared in Europe in ‘90s through the American branch, and imposed through Directive CE / 52/2008 of the European Parliament, that all Member States need to take steps in including the mediation in civil and commercial cases where issues appear most frequently related to the parties' affiliation to different and cross-border legal systems. In Romania, the mediation institution operates based on Law no. 196/2006 in regards to mediation and mediator profession, and in the Republic of Moldova based on Law no. 137/2015 in regards to mediation. I firmly believe that that the procedure for mediation in commercial disputes needs to be adapted, considering the fact that is a special type of mediation, as the mediator is required to possess certain knowledge and qualities specific to this field. I, therefore, consider that the specific legislation is insufficiently regulated, and due to this context, the institution of commercial mediation is in a vegetative state at this moment.

Cross-Border Medical Care and Telemedicine

2017 ◽  
pp. 72-90
Author(s):  
Isao Nakajima
Keyword(s):  
Diagnostic Imaging ◽  
Medical Care ◽  
Medical Tourism ◽  
Mutual Recognition ◽  
Legal Systems ◽  
Societal Factors ◽  
Cross Border ◽  
National Medical ◽  
Medical License ◽  
Communication Lines

Globalization is making cross-border medical care a reality. Cross-border medical care has three aspects: information, patients, and practitioners. The outsourcing of diagnostic imaging via communication lines has begun, and information on treatment poised to cross borders. However, the latter possibility raises issues concerning legal medical qualifications. Japanese legislation bans medical practice by persons not licensed by the Minister of Health, Labour and Welfare. The Ministry of Health, Labour and Welfare recently issued a bulletin regarding the medical activities of foreign licensed physicians and an interpretation of Article 17 of the Medical Practitioner's Act, permitting foreign licensed physicians to provide medical care in the event of disasters. European countries have established a system for mutual recognition of national medical licenses, and cross-border medical care has achieved a solid foothold there. Based on these societal factors, Japan must revise its legal systems or conclude bilateral medical license recognition agreements. This paper describes the various difficulties and obstacles confronting Japan as it modifies its legal systems to achieve cross-border remote medical care and medical tourism and proposes some concrete solutions.

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