scholarly journals Disposal of the Interdiction on Being a Sole Shareholder in Several Limited Liability Companies (The Repeal of Art. 14 of the Companies Law No. 31/1990) – Who Does It Use?

2021 ◽  
Vol 8 (1) ◽  
pp. 104-113
Author(s):  
Mioara-Maria Dumitru-Nica

The present article proposes a brief analysis of one of the most controversial amendments to the Companies Law no. 31/1990: the repeal of art. 14 or, in translation, the disposal of the interdiction on a natural or legal person on being a sole shareholder in several limited liability companies. Starting from the presentation of the route taken by the legislative proposal- which currently takes the form of Law no. 102/2020 for the amendment and completion of the Companies Law no. 31 / 1990-, presenting the reason for such a change, in the final part of the article we balance the nuances of enthusiasm, but also those of reluctance with which the doctrine and the business environment embraced the disposal of this interdiction.

2021 ◽  
Vol 7 (5) ◽  
pp. p1
Author(s):  
Luo Xiao ◽  
Jun Chen

“Piercing the corporate veil” system is a subversion and exception to the company’s independent personality system and the shareholder limited liability system, but these two are dialectically unified, which are like two sides of a coin. Enriching and improving the legal person system can pave a smooth way for the construction of a fair and legal business environment. Through case study, analysis and comment, this article will explore what enlightenment and guiding role “piercing the corporate veil” system has in corporate operation, and how to ring the alarm to operators and shareholders. Through case study and review, this article summarizes the practical effects of “piercing the corporate veil” system, and help readers have a deeper understanding of the important status of this system.


2018 ◽  
Vol 2018 (1) ◽  
pp. 83-96
Author(s):  
Ramon Reichert

The history of the human face is the history of its social coding and the media- conditions of its appearance. The best way to explain the »selfie«-practices of today’s digital culture is to understand such practices as both participative and commercialized cultural techniques that allow their users to fashion their selves in ways they consider relevant for their identities as individuals. Whereas they may put their image of themselves front stage with their selfies, such images for being socially shared have to match determinate role-expectations, body-norms and ideals of beauty. Against this backdrop, collectively shared repertoires of images of normalized subjectivity have developed and leave their mark on the culture of digital communication. In the critical and reflexive discourses that surround the exigencies of auto-medial self-thematization we find reactions that are critical of self-representation as such, and we find strategies of de-subjectification with reflexive awareness of their media conditions. Both strands of critical reactions however remain ambivalent as reactions of protest. The final part of the present article focuses on inter-discourses, in particular discourses that construe the phenomenon of selfies thoroughly as an expression of juvenile narcissism. The author shows how this commonly accepted reading which has precedents in the history of pictorial art reproduces resentment against women and tends to stylize adolescent persons into a homogenous »generation« lost in self-love


Religions ◽  
2021 ◽  
Vol 12 (4) ◽  
pp. 232
Author(s):  
Christina M. Gschwandtner

What is the nature (or “Wesen”) of the liturgical phenomenon? It has become immensely popular to describe liturgical or ritual practice as a kind of “holy play,” whether as metaphor, as productive analogy for pragmatic or theological purposes, or even as making an ontological claim about what liturgy “is” in its essence. The present article seeks to complicate the association of the phenomena of liturgy and of play. The first part traces the origins of the notion of play and the development of its application to ritual in the most influential sources from Kant to Gadamer. The second part highlights its prevalence in the contemporary discussion and elucidates how it is being used. The third part provides a phenomenological analysis to demonstrate important differences between the two phenomena and to question the contention that liturgy is a form of play. The final part tries to ascertain the broader practical and theological aims being served by the association of the two phenomena and—via a return to the question of the nature of the liturgical phenomenon in a more theological mode—suggests that these aims might be accomplished more productively in ways that avoid the downsides of identifying ritual or liturgy with play.


2020 ◽  
Author(s):  
А.Б. Бритаева

В представленной статье на материале произведений Музафера Дзасохова известного современного осетинского писателя, поэта, публициста, переводчика, рассматриваются художественные особенности лирической прозы, а именно, автобиографической повести в осетинской детской литературе. Повесть Весенние звезды (1973) и ее продолжение На берегу Уршдона Барагун (1981) стали началом эпопеи о жизни отдельно взятой семьи, а на их примере всей страны в тяжелые послевоенные годы. В качестве одной из важнейших констант художественного мира писателя рассматривается образ детства. В ходе анализа особое внимание уделяется преобладанию нравственного аспекта, актуализации проблемы регулятивно-воспитательной функции национального этикета, ценностно-нормативных ориентиров осетинской ментальности. С опорой на биографический и историко-генетический методы, основное внимание в исследовании акцентируется на темах послевоенного детства, роли семьи и общества в формировании нравственных ориентиров, в становлении личности, образе матери, теме памяти, а также на художественном осмыслении этих проблем и тем в автобиографических повестях писателя. Типологически воплощение детской темы в творчестве М. Дзасохова во многом опирается на традицию изображения детства в русской автобиографической прозе XX в. В заключительной части сформулированы выводы, отражающие особенности лирической прозы в творчестве М. Дзасохова, обозначено место автобиографических повестей автора в контексте осетинской детской литературы второй половины XX века.Актуальность и научная новизна работы обусловлены недостаточной исследованностью истории и проблем осетинской детской литературы. Результаты исследования могут быть использованы при написании истории осетинской детской литературы. The present article examines the artistic features of lyrical prose, namely, autobiographical story in the Ossetian childrens literature in the works of Muzafer Dzasokhov, a well-known modern Ossetian writer, poet, publicist, translator. The story Spring Stars (1973) and its continuation - On the Bank of Ursdon Baragun ... (1981) marked the beginning of an epic about the life of a family, and via their fates the author shows life of the whole country in the difficult post-war years. The theme of childhood is considered as one of the most important constants of the writers artistic world. In the course of the analysis, special attention is paid to the predominance of the moral aspect, the actualization of the problem of the regulatory and educational function of national etiquette, the value and normative guidelines of the Ossetian mentality. The focus of the study is based on biographical and historical-genetic methods and highlights the themes of post-war childhood, the role of the family and society in the formation of moral guidelines, in the formation of personality, the image of the mother, the theme of memory, as well as on the artistic understanding of these problems and topics in autobiographical novels of the writer. Typologically, the embodiment of the childrens theme in the works of M. Dzasokhov is largely based on the tradition of depicting childhood in Russian autobiographical prose of the XXth century. The formulated conclusions in the final part reflect the peculiarities of lyrical prose in the works of M. Dzasokhov, the place of the authors autobiographical stories is indicated in the context of Ossetian childrens literature of the second half of the XXth century. The relevance and scientific novelty of the work are due to insufficient research on the history and problems of Ossetian childrens literature. The results of the study can be used in writing the history of Ossetian childrens literature.


Author(s):  
Tomasz Pilikowski

Disclosure of the current method of representation of a limited liability company and liability for breach of the undertakingThe existence and participation of legal persons in the market makes it necessary to verify the persons representing them to perform actions on their behalf. Information about artificial persons — including the rules of representation and persons entitled to represent them — is available due to their disclosure in the National Court Register. However, it may happen that for whatever reason the register’s information may not correspond to the actual legal status. The provisions of the National Court Register Act provide for the possibility of such a situation, but the normative regulation does not settle all controversies in a satisfactory manner. The article tries to answer the question how the legal person can demonstrate the rightfulness of its representation when the composition of the relevant bodies does not coincide with the composition disclosed in the National Court Register. In the current legal situation, the problem is opened whether and how the legal person can demonstrate the correctness of the representation when the composition of the relevant bodies does not coincide with the composition disclosed in the National Court Register. The consequence of this problem is the issue of the assessment of liability for improper performance of the undertaking, if as a result of the said discrepancy, the obligation will be breached e.g. as a result of the failure to conclude a preliminary contract within the prescribed period.The author tries to solve these problems and settle the controversies arising, referring to the views of his own thoughts and views of doctrine and jurisprudence. The position presented in the article is the result of an analysis of the applicable legal provisions, especially the National Court Register Act, and the jurisprudence and doctrine resulting from it.


2013 ◽  
Vol 4 (1) ◽  
pp. 56-60
Author(s):  
Anissa Khaldi

One of the factors that have been found to significantly influence EFL language learners’ success is motivation. It is said that it provides a strong impetus to initiate learning and, at the same time, a driving force to sustain the long, often tiring process of learning. Hence, it is crucial for instructors to consider how to foster this important variable. The present article argues that motivation can be stimulated through a number of teaching practices. It will set out to review some research concerning motivation along with its different components. Moreover, the article will explain how motivation helps learners pursuit their challenging learning goals in the path of success. The bulk of the final part will be devoted to some of the instructional practices that teachers may use so as to get learners motivated as well as sustain their motivation. Finally, the conclusion of this article will also shed light on the idea that although motivation is a key factor for success, it is not the only variable that EFL instructors should seek to take into account. There are other variables that can be held responsible for successful learning.


Author(s):  
Lisa Siraganian

Of all the corporate person’s vital qualities, the most powerful and contentious was limited liability: the rule that a corporation’s shareholders cannot be held responsible for more than the value of the shares they own. This chapter examines challenges to that rule and its effects in the world by analyzing the responses of three very different writers: law professor Maurice Wormser, novelist Theodore Dreiser, and poet and lawyer Charles Reznikoff. Should corporations be understood as veils for individuals or as fully formed entities inextricably meshed with their managers, owners, and environment? Each writer struggled to know a corporate person behind its “entity veil” (as Wormser terms it), coming to see that limited liability functioned to minimize the essential duties of managers, employees, and owners. While Wormser recommends “veil piercing” when corporations are taken over by nefarious individuals, Dreiser’s The Financier (1912) uncovers problems with this strategy, and Reznikoff’s epic poem Testimony (1965–78), maps out systemic injuries that limited liability generated. Dreiser and Reznikoff deploy literary form to think about this corporate person precisely when it did not acknowledge all of its attributes as a legal person. When the corporate person devolved and acted more like a tool or machine, how was society supposed to treat it? This chapter’s three conceptual explorations of corporate limited liability shine light on the legal system’s deficiencies when contending with the corporation’s social role. Each writer begins, in his own way, to envision solutions other than strictly legal remedies.


Author(s):  
Imogen Moore

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter considers the main legal forms used for businesses in the UK—particularly sole traders, general partnerships, limited liability partnerships (LLPs), and companies (public and private). It then examines how registered companies limited by shares come into existence. On registration a company becomes a legal person, separate from its shareholders and directors. This chapter explores this ‘corporate personality’ and the popular topic of when the ‘veil of incorporation’ can be lifted or pierced by statute or the courts.


2018 ◽  
Vol 31 (31) ◽  
pp. 63-80
Author(s):  
Klaudia Grzebiela

The main purpose of this article is to present the role and position of partners in a limited partnership. The growing interest in choosing this organizational and legal form is due to its specificity. A limited partnership allows shaping the rights and obligations of the company’s partners, who are divided into two groups: general partners and limited partners. The reason for different legal nature of these entities who are relative to each other should be noticed. Furthermore their liability for the company’s liabilities is shaped differently, as well as the issue of running company’s affairs and its representation. Currently a common type of limited partnership called Limited Liability Limited Partnerships (LLLP), wherein Limited Liability Company as a legal person becomes the general partner. This legal solution is beneficial for its partners. In doctrine is considered as an atypical legal company.


10.12737/7545 ◽  
2015 ◽  
Vol 3 (2) ◽  
pp. 0-0
Author(s):  
Артем Цирин ◽  
Artem Tsirin ◽  
Сергей Зырянов ◽  
Sergey Zyryanov

The present article is devoted to problem aspects of administrative responsibility for illegal remuneration on behalf of the organization in the Russian Federation. In the article on the base of law-enforcement practice are analyzed suggestions for improvement of legislative mechanisms of involvement organizations to responsibility for the corruption offenses made from a name or in interests of such organizations. Carrying out researches on the designated subject is provided by the National plan of corruption counteraction for 2014—2015. In Russian law-enforcement practice there are a lot of cases when the organization actively assists in criminal prosecution of the guilty person. However, judges make the organization responsible. Considering the big sizes of sanctions provided by this article, the situation is perceived as injustice and doesn´t promote achievement of the objectives of administrative responsibility. In this regard authors developed the special bases of releasing organization from responsibility in cases when governing bodies actively promote disclosure and investigation of the criminal offence made by interested person.


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