Financial Leasing Under the UNIDROIT Convention and the Uniform Commercial Code: A Comparative Analysis

1995 ◽  
Vol 5 (2) ◽  
pp. 267-302
Author(s):  
David A. Levy
Keyword(s):  
Comparative Analysis ◽  
Financial Leasing ◽  
Commercial Code

Comparative analysis on flow over cylinder between commercial code and open source algorithm

2017 ◽  
Author(s):  
Zulaikha Asyiqin Nur Azri ◽  
Ishkrizat Taib ◽  
Azmahani Sadikin ◽  
Muhammad Sufyan Amir Paisal ◽  
Akmal Nizam Mohammed ◽  
...  
Keyword(s):  
Comparative Analysis ◽  
Open Source ◽  
Commercial Code ◽  
Flow Over Cylinder

scholarly journals Financial leasing as financial and credit support for investment activities of enterprises

2018 ◽  
pp. 59-68
Author(s):  
Tetiana Vasylieva ◽  
Liudmyla Zakharkina ◽  
Oleksii Zakharkin
Keyword(s):  
Comparative Analysis ◽  
Subject Matter ◽  
Statistical Data ◽  
Credit Market ◽  
Legal Regulation ◽  
Financial Leasing ◽  
Current State ◽  
The Subject ◽  
Scientific Rationale

The purpose of the article is to provide scientific rationale of the place and role of financial leasing in financial and credit support for investment activities of enterprises. The subject matter of the research includes various aspects of the current state of financial leasing and ways of its advancement in Ukraine. The article provides an analysis of investment activities based on the volume of investments in Ukraine and determines the role of financial leasing as a funding for investment resources of enterprises. The paper also examines the legal and regulatory framework for financial leasing operations and highlights different interpretations of this form of financing as well as its formal indicators. An analysis of statistical data on the financial and credit market provides important insights into trends of financial leasing contracts and the volume of loans issued to corporate borrowers, and thus makes it possible to conclude that there is a lack of leasing operations in business activities of entities. The point is mainly supported by the fact that financial leasing contracts which have been made lately are not widespread enough after the crisis in 2014. The dynamics of changes in the volume of leasing contracts by dates of signing is considered, and it is found that there is a tendency to shortening the duration of financial leasing services. An industry factor of providing financial leasing services is taken into consideration and the main industries where these services are widespread are described. The existing approaches to evaluating the effectiveness of leasing contracts are systematized. The key challenges that hinder the growth of leasing in Ukraine are identified. The research methods used in the article include: analysis, synthesis and abstraction (for forming the rationale and developing the terminological and conceptual framework of the study); comparison, systematization and logical generalization (for examining the concept of financial leasing, its legal regulation and specific features of using in Ukraine); statistical, structural and comparative analysis (for exploring ways of advancement of financial leasing in Ukraine).

Specific Performance: A Comparative Analysis (1)

2003 ◽  
Vol 7 (1) ◽  
pp. 5-26
Author(s):  
Shael Herman
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
United Nations ◽  
The Other ◽  
Commercial Law ◽  
Commercial Code ◽  
Specific Performance ◽  
The Usa ◽  
United Nations Convention ◽  
Anglo American

This paper explores the regulation of specific performance of sales by reference to Spain and the USA, two jurisdictions which are exemplars of their respective legal families. It contrasts provisions under the Spanish Civil Code, Spain's Ley de Enjuiciamiento Civil, and under the American Uniform Commercial Code, and speculates on the interaction of these municipal laws with the regulation of specific performance under the United Nations Convention on Contracts for the International Sale of Goods (CISG). The study is split into two parts, the first of which appears here, and the second of which follows in the next issue of the Edinburgh Law Review. In this first part, section B outlines method, while section C explores the modern Spanish doctrine on performance and damages in light of the Romano-Germanic preference for performance. Section D examines the preference for damages over performance in US commercial law. By comparing Spanish and United States approaches to specific performance, Section E identifies points of possible convergence between the two systems as well as some noteworthy differences between them. In the second part of the study, Section F will explore the CISG's approach to specific performance, with the goal of inquiring, on one hand, whether the drafters have successfully accounted for both the Anglo-American and the Romano-Germanic preferences, or, on the other hand, whether the CISG's synthesis of the preferences is faulty and manifests incompatible goals that may be difficult to harmonise. Recent US decisions on specific performance under the CISG will be sampled in section G, which will make explicit some assumptions underlying the reasoning processes of US courts in commercial cases. Section H, an epilogue, will speculate on reasons for the intensity of the rivalry between proponents of specific performance as a primary remedy and those favouring damages as a primary remedy.

The features of customs duties payment for importing equipment under the international financial leasing agreement

2021 ◽  
pp. 34-39
Author(s):  
V. N. Ionicheva
Keyword(s):  
Comparative Analysis ◽  
Foreign Investments ◽  
Financial Leasing ◽  
Domestic Use ◽  
Authorized Capital

The article examines the features of customs duties payment for importing goods to the customs territory of the EAEU according to the international financial leasing agreement. The possibilities of partial customs duties payment in the application of the customs procedure of temporary importation are analyzed; a comparative analysis of the advantages of the customs procedure of temporary importation and release for domestic use in relation to imported equipment is carried out. The procedure for applying the tariff relief in respect of goods imported as a contribution to the authorized capital of an enterprise with foreign investments, as well as the possibility of applying VAT benefits in respect of leasing equipment, is investigated.

scholarly journals THE TURKISH AND AZERBAIJANI LAWS ON UNFAIR COMPETITION VIA STANDARDISED TERMS OF CONTRACT - ASSESSMENTS AND SUGGESTIONS

2021 ◽  
Vol 6 (1) ◽  
pp. 309-322
Author(s):  
Ece Deniz Gunay ◽  
Gozde Engin Gunay
Keyword(s):  
Comparative Analysis ◽  
Civil Code ◽  
Unfair Competition ◽  
Good Faith ◽  
The Other ◽  
Legal Regulations ◽  
Economic Relations ◽  
Market Participants ◽  
Commercial Code ◽  
Turkish Commercial Code

This paper presents a comparative analysis between Turkish and Azerbaijani law systems and it attempts to evaluate whether the usage of standardised terms of contract in a way that causes the infringement of the principle of good faith forming unfair competition. Standardised terms are pre-prepared without negotiating with the other contracting parties. The paper highlights that the two countries have strong connections, especially in economic and commercial terms which render even more important convergence of legal regulations. In this respect, upon examining the regulations on standardised terms and unfair competition and considering the fact that the two systems have similar approaches regarding standardised terms, the paper suggests that the usage of standardised terms in a manner that violates good faith should be qualified as unfair competition under Azerbaijani law in accordance with Article 55/1(f) of the Turkish Commercial Code. The paper assesses the issue in conjunction with the Turkish Commercial Code, Turkish Code of Obligations, the Civil Code of Azerbaijan (Mulki Mecelle) and Code on Unfair Competition. The scope of the protection that is envisaged in the relevant Turkish and Azerbaijani codes is studied from consumers’ and merchants’ aspects, respectively. The paper inter alia assesses that protecting all market participants is the most effective way to provide market balance. The paper aims to contribute to the improvement of the economic relations of Turkey and Azerbaijan via its suggestion on harmonising the two law systems in terms of unfair competition regulations.   Keywords: Banks, merchant-consumer, principle of good faith, standardised terms of contract, unfair competition.   Cite as: Gunay, E. D., & Gunay, G. E. (2021). The Turkish and Azerbaijani laws on unfair competition via standardised terms of contract – Assessments and suggestions. Journal of Nusantara Studies, 6(1), 309-322. http://dx.doi.org/10.24200/jonus.vol6iss1pp309-322

scholarly journals PROBLEMATIC ISSUES THAT ARISE IN THE SPHERE OF APPLICATION ADMINISTRATIVE AND ECONOMIC SANCTIONS AND WAYS OF THEIR SOLUTION

2019 ◽  
pp. 59-65
Author(s):  
M. V. Kolesnikova ◽  
A.D. Skoryk
Keyword(s):  
Comparative Analysis ◽  
Present Article ◽  
Economic Sanctions ◽  
Case Law ◽  
Legal Responsibility ◽  
Unified Approach ◽  
Historical Aspect ◽  
Economic Relations ◽  
Commercial Code ◽  
Legal Nature

The present article deals with the study of the legal nature of administrative and economic sanctions, the concept of administrative and economic sanctions has been found out, their species have been identified, the historical aspect of the emergence of the concept of administrative and economic sanctions has been characterized, different approaches to understanding the legal nature of administrative and economic sanctions have been analyzed, comparative analysis of administrative and economic sanctions has been done. The authors’ attention has been drawn to the terms of the application of administrative and economic sanctions, case law on the terms of the application of administrative and economic sanctions has been analyzed. It has been suggested to leave the application period sanctions of organizational nature established in the Part 1 Art. 250 of Commercial Code of Ukraine and for sanctions of property nature to provide for twice the duration of their application in the article. Problematic issues that arise in the sphere of application of administrative and economic sanctions have been generalized at this work. Among problematic issues, it has been highlighted uncertainty about the place of administrative and economic sanctions in the system of legal responsibility, lack of a unified approach to finding out the branch of sanctions, ambiguous interpretation of the terms of the application of administrative and economic sanctions, lack of clear regulatory regulation of the terms of application administrative and economic sanctions. It has been suggested to attribute administrative and economic sanctions to economic sanctions, to supplement the provisions of the Economic Code of Ukraine with the rule on administrative and economic sanctions, without delimiting economic sanctions as a whole. It has been emphasized by the authors of the article for non-proliferation of norms on the terms of the application of sanctions on penalties, the amount and procedure of recovery of which are determined by the Tax Code of Ukraine, Laws of Ukraine «On Currency and Currency Transactions», «On Banks and Banking» and other laws, the control of compliance with which is vested in the bodies of income and fees. Keywords: economic relations, economic and legal responsibility, economic sanctions, administrative and economic sanctions, Economic Code of Ukraine.

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