scholarly journals Registered and bearer shares in England, other countries of Europe and the U.S.A.

1978 ◽  
Author(s):  
Φανή Δασκαλοπούλου

Registered and "bearer shares in different countries and the comparison of the different regimes which govern them is the subject of this thesis· The study of this subject aims at finding out the ways in which these forms of shares are used in each particularcountry, as well as pointing out the differences and similarities, both theoretical and practical, between the different legal systemsin this respect. An attempt is also made to find out whether the distinction between registered and bearer shares is clear-cuteverywhere and in all cases and, if not, how and why these two forms have come closer to each other or have sometimes even"merged" with each other. In the Introduction of the thesis the historical development of registered and bearer shares is followed and the common "intrinsic" characteristics of shares in different countries are sought. Specific fundamental questions are then examined in separate chapters. These questions are: a) sources of law and nature of shares in the countries examined b) forms of shares (registered, bearer or "certificates") in use in these countries c) methods of their transfer d) restrictions which may be imposed on theirtransferability and e) "insider trading" as a topic connected with registered and bearer shares and their transfer. Each chapter is complemented by a comparison of the ways in which the law in different countries deals with the same question. Finally in the Epilogue conclusions from the preceding comparative study are drawn and an appraisal of the practical advantages and disadvantages of registered end bearer shares is made, pointing to the fact that the distinction between these two forms of shares has lost, in practice, much of its sharpness today. Still, it maintains some meaning in specified cases and may, for practical reasons again, dc even more so in the future.

2009 ◽  
Vol 29 (S 01) ◽  
pp. S22-S26
Author(s):  
G. Glaeske ◽  
W. Schramm ◽  
D. Herzig

SummaryAlthough hospitals primarily provide treatment for in-patients, treatment is also given to a large number of out-patients. The law covering haemophilia patients, who receive their treatment as out-patients, actually has several different bases. This has advantages and disadvantages. The question concerning us: Which, at the moment, is the best legal basis for any care-agreement? Another important factor for any agreement between the two parties, is that there should be a broad consensus, based on shared interests.The common aim should be the future guarantee for the treatment of patients suffering from haemophilia in suitable medical facilities. At the same time care must be taken to provide an efficient and economically viable care-service for these patients, as well as ensuring that the quality and efficiency of the service remain transparent.


1892 ◽  
Vol 38 (162) ◽  
pp. 378-382
Author(s):  
A. Wood Renton

In view of the interest which the subject is at present arousing, a critical analysis of the historical development of the law of insanity in its relation to divorce may be neither inopportune nor uninstructive.


2015 ◽  
Vol 5 ◽  
pp. 357-368
Author(s):  
Hanna Zalewska-Jura

This article discusses the relatively unknown poetry of Bessarion, the future Cardinal. The author argues with a negative opinion of F. M. Pontani concerning the three epicedia on the death of Theodora Comnena. The author analyses the composition, artistic means of expression and intertextual links in order to revise the common opinion in the subject and to prove the presence of literary values in the mentioned poems.


1979 ◽  
Author(s):  
Ευστάθιος Μπανάκας

Financial harm may be caused in many different ways. It can be said that it appears in several different ’’types", each produced in distinct factual circumstances. Different "types" of financial harm may demand a different treatment by the law. The considerations that ought to determine the policy of the law vary together with the factual . circumstances, in which each particular type offinancial harm becomes manifested. Thence the need for a separate examination of the major, or "generic", types of such harm, a need that has already been - detected by Comparative lawyers writing on the subject.(20) The present study will concentrate on the problem ' of financial harm that is not the product of a harmful intention (21) . In the Common Law of Negligence this problem is known as the "pure economic loss" problem. The solutions given to it by English Law are compared to the solutions of the French Law of Torts, and to those of the law of Torts of the German Federal Republic (West Germany)(22). The compared Tort systems not only are leadingthe major legal traditions of our age, each employing its own individual "style" (23), but, also, operate in virtually similar social and economic environments. This should allow the comparison to expose more easily the true merits of any "stylistic" idiosyncrasies, thatthey might possess in this particular connection. The problem of pure economic, loss caused by erroneous advice or information is not examined in * detail in the present study. It has been already the subject of comprehensive Comparative examination (24).


2019 ◽  
pp. 1-13
Author(s):  
JE Penner

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.


1970 ◽  
Vol 23 (2) ◽  
pp. 258-264
Author(s):  
A. N. Cockcroft

A Great deal has already been written about possible amendments to the Collision Regulations, but as there may be an international conference on the subject in 1972 the various schemes should be discussed as much as possible so that their advantages and disadvantages will be fully appreciated.Criticism of the present Steering and Sailing Rules is mainly concerned with Rule 21. Disadvantages of this rule include the following:(1) If a giving-way vessel on a crossing course takes no action the privileged vessel must not act until collision cannot be avoided by the giving-way vessel alone. By such time collision is likely to be inevitable.(2) Small sailing vessels which may not easily be seen, especially at night, are required to maintain course and speed for large power-driven vessels.(3) High-speed vessels such as hovercraft are required to maintain course and speed for low powered ships crossing from the port side.(4) No provision is made for different types of hampered vessel approaching one another so as to involve risk of collision. If deep-draught vessels in certain areas are to be included in this category in the future the question of priorities may have to be considered.


Author(s):  
Simon Deakin ◽  
Zoe Adams

Markesinis and Deakin’s Tort Law, now in its 8th edition, provides a general overview of the law and discussion of the academic debates on all major topics, highlighting the relationship between the common law, legislation, and judicial policy. In addition, the book provides a variety of comparative and economic perspectives on the law of tort and its likely development, always placing the subject in its socio-economic context, thereby giving students a deep understanding of tort law. The book is composed of eight parts. Part I starts by setting the scene, Part II looks at the tort of negligence. Part III turns to special forms of negligence. This is followed by Part IV which examines interference with the person. Part V turns to intentional interferences with economic interests. The next part looks at stricter forms of liability. Part VII examines the protection of human dignity which includes looking at defamation and injurious falsehood, and human privacy. The last part looks at defences and remedies.


Author(s):  
Daniel Visser

Unjustified enrichment confronted both civil and common lawyers with thinking which was often completely outside the paradigm to which they had become accustomed. The recognition of unjustified enrichment as a cause of action in its own right in English law created a new arena of uncertainty between the systems. This article argues that comparative lawyers can make an important contribution to the future of the fractured and fractious world of unjustified enrichment. It may help to uncover the enormous wealth of learning of which both the common law and the civil law are the repositories, and so bring the same level of understanding to the law of unjustified enrichment which has, over the years, been achieved between the systems in regard to contract and tort.


1999 ◽  
Vol 6 (3) ◽  
pp. 235-248 ◽  
Author(s):  

AbstractWithin the common law world, the use of the term informed consent implies the American doctrine. Informed consent as a doctrine is not part of the law in the United Kingdom. However, it is possible to predict a way forward in disclosure cases yet to be heard in the courts of the United Kingdom. These predictions are based on current developments in the common law in the United Kingdom as well as those in Canada and Australia, on the European convention on Human Rights and Biomedicine and on trends within the medical profession itself in the light of the Bolam test.


Rural History ◽  
2013 ◽  
Vol 24 (1) ◽  
pp. 25-40 ◽  
Author(s):  
AUDREY ECCLES

Abstract:Madness has been a social problem from time immemorial. Wealthy lunatics were made royal wards so that their estates would be looked after, and the common law very early admitted madness and idiocy as conditions justifying the exemption of the sufferer from punishments for crime. But the vast majority of lunatics have never been either criminal or wealthy, and many wandered about begging, unwelcome in any settled community. Finally, in the eighteenth century, the law made some attempt to determine a course of action which would protect the public and theoretically also the lunatic. This legislation and its application in practice to protect the public, contain the lunatic, and deal with the nuisance caused by those ‘disordered in their senses’, form the subject of this article. Much has been written about the development of psychiatry, mainly from contemporary medical texts, and about the treatment of lunatics in institutions, chiefly from nineteenth-century sources, but much remains to be discovered from archival sources about the practicalities of dealing with lunatics at parish level, particularly how they were defined as lunatics, who made such decisions, and how they were treated in homes and workhouses.


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