scholarly journals THEORETIC AND LEGAL COMPARATIVE RESEARCH OF THE LEGAL NATURE OF A CORPORATE CONTRACT ON THE LAW OF FRANCE AND THE USA

2017 ◽  
pp. 69-74
Author(s):  
Ольга Терновая ◽  
Olga Tyernovaya ◽  
Светлана Соловьева ◽  
Svyetlana Solovyeva
Keyword(s):  
The United States ◽  
Profit Sharing ◽  
Legal Doctrine ◽  
Business Corporation ◽  
Legal Nature ◽  
The Usa ◽  
Contractual Relations ◽  
The Law ◽  
Anglo American ◽  
The Right

This article deals with theoretical and legal approaches and peculiarities of the regulation of corporate contract under the laws of France and USA. One of the factors that promoted the promulgation of the shareholders agreement was the participation of Anglo-American investors in French societies, which were more accustomed to contractual relations then to the use of rigidly fixed forms of joint-stock companies. Despite the fact that one of the aims of such agreements was an attempt to get rid of excessive publicright control, such contracts could never contradict the mandatory requirements of the law and the provisions of the company’s charter. In the United States legislative embodiment of the right of shareholders to enter into various types of agreements is carried out by laws regulating activities, the procedure of the establishment and management of Business Corporations. The content of a shareholders agreement and the right to participate in such agreement is regulated by the legal regime of corporation. The agreement between the members of close corporation de facto may change the provisions of corporation’s charter relating to corporate governance and profit sharing. All types of shareholders agreements, which could be concluded by the members of Business Corporation, are considered in the present article. State law that regulates contractual relations does not apply to shareholders agreements despite the legal doctrine view that corporations are of a contractual nature. The comparative analysis of the jurisprudence, legal doctrine and provisions of US and French legislation allows us to conclude that in the USA, unlike France, shareholders agreements are regulated by Corporate Law, not by the provisions of the Contract Law as it takes place in France.

scholarly journals Prawo do wizerunku w społeczeństwie informacyjnym

2021 ◽  
Vol 7 (1) ◽  
pp. 21-38
Author(s):  
Piotr Horosz ◽  
Agnieszka Grzesiok-Horosz
Keyword(s):  
Information Society ◽  
Critical Analysis ◽  
Moral Rights ◽  
Legal Regulations ◽  
Legal Doctrine ◽  
Legal Nature ◽  
Personal Nature ◽  
The Law ◽  
The Right

The right to one’s image in an information society This article is focused on selected aspects of the right to one’s image. The authors would like to contribute to the ongoing discussion on the legal nature of the right to one’s image. In our opinion, it is not adequate to meet the requirements presented by an information society. Concepts derived from analog techniques are inadequate to meet the requirements of the digital field. The commercialisation of images also means that rights of a personal nature (moral rights) as set by the law are treated as economic ones, which is accepted partially by the legal doctrine and recognized in jurisprudence. The conducted research is supported by the critical analysis of binding legal regulations (Articles 81 and 83 of the Act on Copyright and Related Rights) and followed by de lege ferenda proposals.

Sociological Jurisprudence and Legal Realism as a Basis for the Development of Judicial Law-Making

2019 ◽  
Vol 9 (5) ◽  
pp. 1528
Author(s):  
Gyulnaz Eldarovna ADYGEZALOVA
Keyword(s):  
Legal System ◽  
The United States ◽  
Regulatory Function ◽  
Legal Realism ◽  
Sociological Jurisprudence ◽  
The Law ◽  
Anglo American ◽  
Historical Comparative ◽  
The Right ◽  
Law Making

The aim of the present work is to study the role of sociological jurisprudence and legal realism for the development of judicial law making in the modern legal system. During the study, the author used general scientific methods, including historical, comparative, and logical ones. An analysis of legal documents was also performed, which allowed making conclusions about trends in the Russian legal system. The study showed that sociological jurisprudence and the realistic school of law of the United States were milestones of the development of the same socio-legal school. It was determined that the supporters of sociological trends could be attributed to the moderate direction of the American sociological legal school, and the legal realists – to the radical one. The basis of the socio-legal school is formed by the ideas of pragmatism, which are expressed in the functional and instrumental approach to the law. One of the basic tenets of the proponents of socio-legal school is the following: the law shall harmonize the interests, actually act and be implemented in the activities of the court. Views of sociologists of law contributed to the approval of the idea of judicial law making not only within the Anglo-American legal family but also in the legal systems of the Romano-Germanic legal family. They drew attention to the process of decision-making by the court, the process of setting up the rule of law by the court. The novelty of this research is that we have identified not only the influence of supporters of sociological school of law on the beginning of the new phase in the development of law, but also that the process was legitimate, and representatives of the scientific direction were able not only to recognize the pattern of ongoing legal development but also tried to steer the process in the right direction, so that the law would not lose its regulatory function and would not become a soulless mechanism in the hands of law enforcers.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals POETRY OF NATASHA TRETHEWEY IN CONTEMPORARY CULTURAL DISCOURSE

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Oleksandr Lukyanenko ◽  
Keyword(s):  
African American ◽  
American Literature ◽  
The United States ◽  
Library Of Congress ◽  
Early 21St Century ◽  
Poet Laureate ◽  
The Usa ◽  
The Individual ◽  
State Registration ◽  
The Right

The article provides an analysis of the presence of the American poet-laureate Natasha Trethewey in modern literary discourse. The publication emphasizes the need to combine the methods of linguistics and culturology, anthropology and everyday history in the study of the construction of everyday USA in the works of the poet. The author explains the relevance of certain topics in the work of N. Trethewey to understand the psychology of the African American population in the USA. The state of studying the work of the poet-laureate in domestic science is determined. Remarks were made on the specifics of the creative search for the master of the word. The article illustrates the problem of reflection and national (ethnic) consciousness through the prism of the poetic word. She became the poetic voice of black America in the early 21st century. The ambiguous African-American side of the history of the United States awoke in the pages of her collections. With the deepening equality movement that swept North America during Donald Trump’s reactionary presidency, the lines of her poetry condemning racism, showing the country's participation in the American nation's foundation, and the often painful diffusion of white and black worldviews sound rather poignant. America. These reflections gained special strength with the development of the Black Lives Matter public initiative. The author’s work is gaining weight with the emphasis of the world community on gender issues. During the existence of the award in its various forms, women struggled to fight for the right to be the face of American literature. Of the 30 poetry advisers in the Library of Congress (the award was named from 1936 to 1986), only 6 were women. Since the renaming of the award in 1986, an unprecedented wave of feminization has begun. In 2012, Natasha Trethewey became the sixth woman to work among the nineteen winners in this office at the Library of Congress since the late 1980s. The work was carried out within the framework of the research theme of the Department of Culturology of the Poltava National Pedagogical University named after V.G.Korolenko “Polylogue of the global and regional in the formation of the socio-cultural identity of the individual” (state registration number 0120U103840).

America in Indochina, 1957–1963: British Perceptions, Hopes, and Strategy

2003 ◽  
Vol 12 (1-2) ◽  
pp. 81-104
Author(s):  
Meghan Nealis
Keyword(s):  
United States ◽  
Public Opinion ◽  
Prime Minister ◽  
Methodological Approach ◽  
The United States ◽  
Post Colonial ◽  
Anglo American ◽  
The Times ◽  
The Right ◽  
Core Issues

AbstractBritish perceptions of the United States in Indochina between 1957 and 1963 were cautious and constructive. This article examines the perceptions of policymakers in Prime Minister Harold MacMillan's government and public opinion as expressed in the Times of London. British policymakers had basic doubts regarding American policy in Indochina, but Britain remained involved in the region after 1954 and agreed with the United States on defining the problem and on the broad methodological approach to the crisis. London wanted to ensure that Washington pursued the “right” policy in Indochina, that Britain utilized its expertise in post-colonial and counter-insurgency, and that the Anglo- American alliance maintained its importance for both countries. The study of these perceptions reveals some concerns which we would anticipate, but also shows that Britain respected the United States as a leader in the region and that it agreed with the United States on core issues.

CONCEPT AND TYPES OF MEDIATION SET FORTH IN THE LEGISLATION AND EXPOUNDED IN THE LEGAL DOCTRINE IN RUSSIA, FRANCE, SPAIN, AND THE USA

2021 ◽  
Vol 10 (6) ◽  
pp. 137-176
Author(s):  
E.V. VERSHININA ◽  
D.V. KONOVALOV ◽  
V.S. NOVIKOV ◽  
S.V. KHOKHLACHEVA
Keyword(s):  
Legal Analysis ◽  
Legal Doctrine ◽  
Scientific Analysis ◽  
Legal Nature ◽  
Different Types ◽  
The Usa ◽  
Similarities And Differences ◽  
Common Understanding

This article presents a scientific analysis of mediation based on legislation and legal doctrine of Russia, France, Spain, and the USA. This paper also explores different types of mediation. The concept and types of mediation have been researched repeatedly by scholars. However, a common understanding has not yet been achieved. The authors of the article carry out a comparative legal analysis of the concept and types of meditation in Russia, France, Spain, and the USA. The purpose of this article is to determine the legal nature and essential features of institute of mediation through the analysis of its various definitions set forth in the legislation and expounded in the respective legal doctrine in Russia, France, Spain, and the USA; to identify existing similarities and differences between those definitions and to carry out a comparative legal analysis of different types of mediation.

Third United Nations Conference on the Law of the Sea and the Ronald Reagan Administration in the United States

Istoriya ◽  
2021 ◽  
Vol 12 (11 (109)) ◽  
pp. 0
Author(s):  
German Gigolaev
Keyword(s):  
United States ◽  
United Nations ◽  
Reagan Administration ◽  
Ronald Reagan ◽  
The United States ◽  
Law Of The Sea ◽  
White House ◽  
Draft Convention ◽  
The Usa ◽  
The Law

The USA, as well as the USSR, initiated the convocation of the III UN Conference on the Law of the Sea (1973—1982). However, after the Ronald Reagan administration came to the White House, American diplomacy significantly changed its policy toward the Conference, which eventually resulted in US refusal to support the draft Convention on the Law of the Sea, which was worked out during the Conference. This behavior was in line with policy course of the Reagan administration — more aggressive than that of their predecessors. The article considers the American policy regarding Law of the Sea negotiations in the first months of Reagan's presidency, during the Tenth Session of the III UNCLOS.

scholarly journals The True Meaning of Force: A Further Response to Tom Ruys in the Interest of Peace

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 153-154
Author(s):  
Mary Ellen O’Connell
Keyword(s):  
Human Rights ◽  
Security Council ◽  
Common Sense ◽  
Use Of Force ◽  
The United States ◽  
Low Level ◽  
Lethal Force ◽  
Intelligence Services ◽  
The Law ◽  
The Right

I very much appreciate the seriousness with which Tom Ruys read my comments on his article. Rather than convince me that his thesis about Article 2(4) is correct, however, his reply provides further support for the opposing view. Minor force is excluded from Article 2(4) but regulated under other legal principles. Here are some examples: •He accepts that there are many cases where states and courts have treated low level uses of force as regulated under rules other than Article 2(4). He also argues, and I agree, that some cases are unclear as to whether they support an Article 2(4) threshold or not. Yet, he fails to deal with the really important point in my comment that the great weight of authority clearly supports the threshold. In his reply he even cites with favor the recent report of the Independent International Fact-Finding Mission on the Conflict in Georgia, but the report supports the view that low level uses of force fall below the Article 2(4) threshold.•Ruys concedes that some low-level uses of force are outside Article 2(4). In his reply he provides a new hypothetical of such a minor use of force, a bar fight in Afghanistan between soldiers of different nationalities. He says it is a matter of common sense that such a use of force is excluded from Article 2(4). Yes, common sense is one of the reasons to conclude low-level force is excluded. Given that he agrees on this, his article should be about where the threshold is, not an argument that there is no threshold at all. I argue that various other rules of international law from the principle of non-intervention to human rights law to the law of countermeasures indicate where the threshold is. In his reply he takes up an example I provide on “targeted killing,” asking where is the legal distinction between knifing an individual and launching a Hellfire missile at an individual, as opposed to launching a Hellfire at a group of people—the example I used. I categorize all Hellfire attacks as covered by Article 2(4) because of the amount of firepower involved. The Hellfire was developed as a tank-killing weapon. The number of persons targeted is not as significant as the fact the Hellfire involves more too much firepower to conform to the rules governing lawful law enforcement (police) deployment of lethal force. Lawful deployment of a Hellfire must comply with one of the exceptions to Article 2(4).•Saying minor force is excluded from Article 2(4) is not the same as saying such force is lawful. The example just mentioned of knifing an individual, say by the intelligence services of one state acting on the territory of another state, implicates non-intervention, human rights, and countermeasures, among other rules relevant to regulating minor uses of force. In his reply, Ruys criticizes the adequacy of some of this law. No doubt some of the law is inadequate, but that is a different issue from the one he is examining, which is what law applies to minor uses of force.•If Article 2(4) included minor uses of force states could not lawfully employ countermeasures involving minor uses of force in, for example, rescue and arrest efforts. Using force under today’s law, which does not include Ruys’s proposal to expand the right to use force in self-defense, requires Security Council authorization. This is clearly a problem for his analysis. States simply do not do this. The United States did not go to the Security Council to get permission to try to rescue the American journalist, James Foley, beheaded by ISIL militants in Syria in August or to detain Abu Khattala in Libya in June. Both operations followed the rules regulating lethal force by police and were lawful in my view, but not in Ruys’s view of the current law.

The Government of the United States and American Foreign Missionaries

1912 ◽  
Vol 6 (1) ◽  
pp. 70-85
Author(s):  
James Brown Scott ◽  
George F. Seward
Keyword(s):  
United States ◽  
Church Of England ◽  
Common Knowledge ◽  
Atlantic Coast ◽  
The United States ◽  
State Constitutions ◽  
The Law ◽  
The Rich ◽  
The Government ◽  
The Right

It is common knowledge that the United States was originally settled either by God-fearing men and women fleeing from persecution, or by political refugees who were unable to bring about reforms which they believed essential to good government and were unwilling to comply with the state of affaire existing in the Old World, or, finally, by those who, unfortunate at home, were desirous of bettering their condition in the New World. The Pilgrim and the Puritan, the Episcopalian and the Catholic, the Quaker, the Presbyterian and the Lutheran settled the Atlantic Coast. The roundhead and the cavalier, the rich and the poor and the inmate of the debtor’s prison found themselves side by side upon a plane of equality without the traditions and the conservatism of an older world. Whether the colony was composed of Puritans and manifested intolerance to the protestant brother of a different faith; whether the settlement remained loyal to the Church of England, as Virginia, or favored the Catholic, as Maryland, or freely accepted the law-abiding without questioning his religion, as the Quakers of Pennsylvania, the principle of religious toleration steadily gained ground, and by the time of the Revolution it may be said generally that religious differences ceased to influence men or their conduct toward each other, by virtue of a conception of liberty which embraced not merely the right to and protection of property but the freedom of thought, of speech and of public worship. The example of Virginia, which in 1786 established religious freedom by statute, profoundly influenced the Federal Government and the various States of the Union; for, by the First Amendment to the Constitution of the United States, it is provided that “Congress shall make no law respecting the establishment of a religion, or prohibiting the free exercise thereof,” and the States of the American Union have, in their various Constitutions, placed the same restriction upon their legislatures. The amendment of the Constitution and the like provisions in State Constitutions were not dictated by indifference or hostility to the principles of the Christian religion, but aimed to prevent not merely the establishment of any one form of religion, however widely spread, but to establish upon a firm footing the right before the law of every religious sect.

scholarly journals Peffer v. Stephens

2020 ◽  
Vol 7 (3) ◽  
pp. 647-678
Author(s):  
Shane Landers
Keyword(s):  
Civil Liberties ◽  
Fourth Amendment ◽  
The United States ◽  
Constitutional Rights ◽  
Technological Advancement ◽  
Court Of Appeals ◽  
The People ◽  
The Law ◽  
The Right ◽  
Constitutional Republic

The Fourth Amendment provides for the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures. Search warrants may only be issued upon a finding of probable cause. This core tenet of our constitutional republic becomes progressively flexible with every development in Fourth Amendment interpretation. In Peffer v. Stephens, the United States Court of Appeals for the Sixth Circuit delivered the latest blow to constitutional rights that restrict the State from engaging in unprincipled searches. In an issue of first impression, the Sixth Circuit held that a criminal defendant’s alleged use of a computer during the commission of a crime was adequate probable cause to justify a search of the defendant’s home and a seizure of the technological equipment inside. Such a shortsighted justification fails to consider technological innovation, economic policy, and historical civil liberties. Peffer v. Stephens is the latest proof of the parasitic relationship between the law and technological advancement. As technology evolves, the law struggles to keep pace and resultingly impedes economic development. With the exponential growth of technology in the 21st century, a visionary approach to search and seizure law is necessary to promote economic innovation and to refrain from further dismantling Fourth Amendment protections.

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