Selected Issues on the Incorporation Process in Romania and Thoughts on its Improvement in Light of the Delaware Model: A Note

2004 ◽  
Vol 29 (1) ◽  
pp. 97-124
Author(s):  
Catalin Tripon
Keyword(s):  
Corporate Governance ◽  
Case Law ◽  
Legal Framework ◽  
The Other ◽  
Business Activity ◽  
Corporate Policies ◽  
Freedom Of Contract ◽  
Other Hand

AbstractOur purpose in writing this article is two-fold. First , we will provide a brief description of the incorporation process in Romania, the evolution thereof, and the policies that support the process. This description will also include a brief comparison of Delaware law and practice. We have selected Delaware since, among other (perceived) benefi ts offered to investors, the Delaware spirit refl ects the liberal corporate policies that many observers believe attract entrepreneurs to that state. On one hand, the process of establishing a business entity has been wiped clean of formalism, thereby accelerating the procedure to the point that incorporation can generally be realized in less than one day. On the other hand, the corporate governance legal framework (both statutory and case law) allows investors to shape their business activity in almost any manner they desire. Second , it offers a set of recommendations for further improving shareholders' "freedom of contract"—the institution that opposes traditional continental doctrines justifying state interventionism in economic ventures.

CONDUCTING A NON-AGRICULTURAL BUSINESS ACTIVITY AS A SOCIAL INSURANCE TITLE – SELECTED ISSUES

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 641-654
Author(s):  
Kamil Antonów
Keyword(s):  
Social Insurance ◽  
The Other ◽  
Agricultural Activity ◽  
Business Activity ◽  
Personal Care ◽  
Other Hand ◽  
Agricultural Business ◽  
The Right

Conducting non-agricultural business activity is a special title of social insurance. It results from the fact that within the scope of being subject to social insurance, only entrepreneurs (out of all persons conducting non-agricultural activity) have the right to periodically exclude the obligation of social insurance and to suspend the conducting of business activity, not only due to the personal care of a child. On the other hand, in the sphere of paying social insurance contributions, there are three ways of establishing the contribution calculation basis on this account (ordinary, preferential and income-dependent basis). In general, it should be stated that conducting non-agricultural business activity as a social insurance title is of the following nature: commercial, obligatory, general (in case of an overlapping of social insurance titles), independent (autonomous), strictly paid and privileged (in relation to other forms of non-agricultural activity).

A minoritized language on both sides of the border: legal framework and language policy of Catalan in Andorra and Catalonia

Multilingua ◽  
2019 ◽  
Vol 38 (2) ◽  
pp. 155-168
Author(s):  
Juan Jiménez-Salcedo
Keyword(s):  
Language Policy ◽  
Legal Framework ◽  
The Other ◽  
Language Policies ◽  
Lingua Franca ◽  
Cross Border ◽  
Other Hand ◽  
State Schools

Abstract This article analyzes the legislation of the two territories that have the most advanced legal framework regarding language policies towards Catalan: Andorra and Catalonia. The study of the legislation in relation to contexts of social and institutional use shows how this legal framework is not sufficient to change Catalan from being a minoritized language, since the phenomenon of minoritization is innate to the ecosystem in which languages develop. This ecosystem is conditioned by the presence of Castilian as a lingua franca on both sides of the border between Andorra and Catalonia. In the case of Andorra, its status as a cross-border microstate makes it a plurilingual space with Castilian as a socially cross-cutting language; moreover, the fact that until recently there was no network of state schools hindered Catalan language normalisation efforts. Catalonia, on the other hand, is an even more complex example on account of how the implementation of llengua pròpia policy contradicts the constitutional control the Spanish state exercises on this.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

Physical Education and Religious Freedom

2019 ◽  
pp. 144-155
Author(s):  
Konstantinos Margaritis
Keyword(s):  
Human Rights ◽  
Physical Education ◽  
Religious Freedom ◽  
Case Law ◽  
Democratic Society ◽  
The Other ◽  
Recent Case ◽  
Freedom Of Religion ◽  
Other Hand ◽  
European Court

Freedom of religion has been constantly characterized as one of the foundations of a democratic society. On the other hand, the significance of physical education in the development of children's overall personality is beyond dispute. Thus, the question that arises is, What happens in a case of a conflict involving the above? The aim of this chapter is to provide an answer on the basis of the case law of the European Court of Human Rights. In particular, the fundamental cases of Dogru vs. France and Kervanci vs. France will be examined, as well as the recent case of Osmanoglu and Kocabas vs. Switzerland. Through the analysis of the cases, useful conclusions will be drawn on the possible impact of religious freedom on physical education.

scholarly journals Statutory Decrystallisation of the Floating Charge: Implications for Business Sustainability

2016 ◽  
Vol 5 (1) ◽  
pp. 237
Author(s):  
Friday Okafor Onamson
Keyword(s):  
Case Law ◽  
The Other ◽  
Fixed Charge ◽  
Business Sustainability ◽  
Going Concern ◽  
Statutory Provision ◽  
General Law ◽  
Other Hand ◽  
The One ◽  
The Relationship

This paper analyzes the provisions of the Nigerian Companies and Allied Matters Act 2004 which, against the grain of general law rules on decrystallisation of floating charge, provides that a crystallised floating charge can decrystallise or refloat where the creditor withdraws from possession after the debtor has commenced payment or if the receiver, with consent of the creditor, is withdrawn. The analysis is relevant because the provision has dire implications for business sustainability since parties engage in debt transaction to sustain the going concern basis of their businesses. Bearing in mind that uncertainty pervades the boundaries between fixed and floating charge, the paper asks what is the priority status of a decrystallised floating charge as against a floating charge created prior to refloatation; and what is the relationship between the decrystallised floating charge and a fixed charge that predated the decrystallisation on the one hand and a fixed charge created post refloatation on the other hand. Using the case law and existing literature the paper showed that the statutory provision for decrystallisation of floating charge not only failed to clarify the general law rules on decrystallisation of floating charge, but it has cast a veil of uncertainty over the rights of parties to a debt transaction secured by floating charge. Since the provision can impact on the health of businesses, it behoves on the parties to be proactive in crafting debts contracts creating an interest secured by floating charge.

Part II Commentaries to Typical Sofa Rules, 9 Civilian Components

2018 ◽  
Author(s):  
Muñoz-Mosquera Andrés ◽  
Chalanouli Nikoleta
Keyword(s):  
United Nations ◽  
Legal Framework ◽  
The Other ◽  
Other Hand ◽  
Effective Performance ◽  
The United Nations ◽  
Common Understanding

This chapter addresses the civilian components accompanying Visiting Forces. For these components, the privileges and immunities of the UN and those specific of the mission apply. This mission immunity is essential for an impartial and effective performance of the specific UN mandate, which is ‘a prerequisite for the success of the mission’. The legal framework for these privileges and immunities has to be sought in Art. 105 of the UN Charter, which consecrates the principle that the UN officials shall enjoy in the territory of each of its members such privileges and immunities as are necessary for the fulfilment of UN purposes in order to be independent in the exercise of their functions. On the other hand, the 1946 Convention on Privileges and Immunities of the United Nations has not come to bring a common understanding on to whom it applies when peacekeepers are involved.

scholarly journals The Effect Of Corporate Governance On Corruption In Public Listed Companies In The Context Of Jordan

2021 ◽  
Vol 58 (1) ◽  
pp. 555-566
Author(s):  
Mohamed Fahmi Ghazwi
Keyword(s):  
Corporate Governance ◽  
Financial Institutions ◽  
Listed Companies ◽  
The Other ◽  
Minority Shareholders ◽  
Legal Provisions ◽  
Other Hand ◽  
Number Of Factors ◽  
The One ◽  
The Relationship

The OECD defined corporate governance  as, enforce laws, rules and standards that define the relationship between company management on the one hand, shareholders, stakeholders or parties associated with the company on the other, and urge financial institutions to adopt those laws and standards in their systems to ensure universal classification, such laws and standards are called corporate governance. Some countries have adopted such standards, which are based on integrity and transparency, such as the Hashemite Kingdom of Jordan, but the apply these standards to protect the minority of shareholders in the joint stock companies are in conflict with certain legal provisions laid down by the Jordanian legislature in the companies Act. The Jordanian companies' law and some other financial laws have, of course, included a number of factors that encourage corporate governance, but on the other hand, we find texts that still impede the application of these standards and provide indicators that do not encourage the application of their standards and affect the rights of minority shareholders. The study will refer to the most important corporate governance criteria that balance the rights of the minority and majority shareholders with those that still need to be modified.

scholarly journals Le Sezioni Unite della Cassazione sul crocifisso a scuola: alla ricerca di un difficile equilibrio tra pulsioni laiciste e giurisprudenza europea

2021 ◽  
Author(s):  
Paolo Cavana
Keyword(s):  
Case Law ◽  
The Other ◽  
Reasonable Accommodation ◽  
State School ◽  
Freedom Of Conscience ◽  
Religious Symbols ◽  
Other Hand

SOMMARIO - 1. Il crocifisso in classe davanti alle Sezioni Unite - 2. Laicità dello Stato e autonomia scolastica - 3. Conflitto tra diritti e reasonable accommodation - 4. La regola della reasonable accommodation nella giurisprudenza straniera e italiana - 5. Il crocifisso come simbolo “essenzialmente passivo” nella giurisprudenza europea - 6. Reasonable accommodation in assenza di una lesione di diritti: rilievi critici - 7. Bilanciamento dei diritti e legislazione scolastica - 8. Il rapporto asimmetrico tra docente e alunni nella scuola: un dato del tutto omesso - 9. La rimozione del crocifisso da parte del docente: un atto lecito? Osservazioni conclusive. The Supreme Court’s United Sections on the Crucifix controversy in schools: searching for a difficult balance between laicism and European case-law ABSTRACT: This paper examines critically, in the light of the Italian and European case-law, the contents and the juridical arguments of a recent decision issued by the United Sections of the Italian Court of Cassation concerning the Crucifix controversy arisen in a State school. The judges established, on one hand, that the crucifix may be hung in a classroom upon demand of the students as it does not infringe the dissenting teacher’s freedom of conscience or of teaching, according to Lautsi ECHR decision (2011); on the other hand, the clash of values involved would need a reasonable accommodation which could require other religious symbols alongside the crucifix or its removal during the lessons of the dissenting teacher. Such a decision, according to the author, appears to be somewhat contradictory and ambiguous, and it does not resolve the case in a well-balanced way.

scholarly journals Pelayanan Advokasi Bebas Rentenir Bagi Masyarakat Dhuafa Oleh Lembaga Sinergi Dompet Dhuafa Jabar Kota Bandung

2013 ◽  
Vol 2 (1) ◽  
pp. 35-48
Author(s):  
Soni A. Nulhaqim
Keyword(s):  
Social Work ◽  
Daily Life ◽  
Legal Education ◽  
Debt Relief ◽  
The Other ◽  
Poor People ◽  
Business Activity ◽  
West Java ◽  
Other Hand ◽  
Surrounding Areas

In general, Moneylenders-Release Advocacy Service, conducted by DD Synergy Institute, is a service and advocacy for debt relief of poor people to moneylenders in Bandung and its surrounding areas. Moneylenders-release advocacy support can only be granted if the debt is used for living purposes (education, health and economic). Basically, this service is only advocating  poor people who have debts to loan sharks. This qualitative-approached research showed that the results of existing legal education implementation at Dompet Dhuafa Synergy Institute West Java has empowered clients, viewed from the perspective of client empowerment and strength, which is contained in one of the basic values of social work advocacy where the value is based on a belief that individuals have power to acquire knowledges. However, in the other hand, research found that client feel being watched by Dompet Dhuafa Synergy Institute West Java in every business, activity, and in fullfilling the needs of daily life. Keywords: kemiskinan, masyarakat dhuafa, rentenir, dan pelayanan advokasi.

DAMPAK PENERAPAN PSAK 50/55 (REVISI 2006) TERHADAP MANAJEMEN LABA DIPERBANKAN: PERANAN CORPORATE GOVERNANCE SEBAGAI VARIABEL MODERATING

2012 ◽  
Author(s):  
Yeasy Darmayanti ◽  
Teti Susanti
Keyword(s):  
Corporate Governance ◽  
Earnings Management ◽  
Stock Exchange ◽  
Foreign Ownership ◽  
The Other ◽  
Financial Report ◽  
Other Hand ◽  
Ownership Composition ◽  
Positive Effect ◽  
Test Result

The practicing of earnings management in banking companies certainly has pro and con's from the stockholders, because it tends to harm the users of information and the service of financial report. This research, therefore, aims to investigate the effect of application of PSAK 50/55 (2006 revision) toward earnings management with corporate governance as the moderating variable. This research was implemented in banking companies that listed in Indonesia Stock Exchange. This research used 28 banking companies that published financial report in period of 2009 — 2011 completely. The test result indicated that the application of PSAK 50/55 (2006 revision), moderation of foreign ownership, composition of commissioner council, standard of KAP and committee of audit as the moderator did not have any significance effect toward the practicing of earnings management in banking companies that listed in ISE. On the other hand, the application of PSAK 50/55 (Revision 2006) moderated by the KAP size had the positive effect toward practicing of earnings management.

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