scholarly journals Problematyka uchwał negatywnych i uchwał nieistniejących organów spółek kapitałowych

2018 ◽  
Vol 25 ◽  
pp. 27-40
Author(s):  
Tomasz Piotrowski
Keyword(s):  
Critical Analysis ◽  
Case Law ◽  
Company Law ◽  
Commercial Law ◽  
Legal Provisions ◽  
Legal Nature ◽  
Legal Structures

Issues connected with negative resolutions and non-existent resolutions of bodies of capital companiesThis article is devoted to the issue of the admissibility of distinguishing negative resolutions and non-existent resolutions adopted by bodies in capital companies. The current legal provisions do not contain explicit regulations that allow or prohibit the existence of these legal structures. However, the fact whether it is possible to separate them is not only doctrinal, but also above all practical. This work considers the legal nature of the resolution as a legal act and also presents the most important problems regarding the admissibility of negative and non-existent resolutions. The aim of the article is to assess the admissibility of these structures on the basis of regulations and general principles of company law. The arguments adopted both by the representatives of the commercial law doctrine, as well as the analysis of the thesis from the case-law, which have the most significant impact on the solution to the problem, were presented. Critical analysis of the concept of non-applicable regulations and non-compliant with the rules of economic turnover were also made.

Problematic issues of application of terms of appeal to court in the consideration of labor disputes on remuneration

2021 ◽  
pp. 105-109
Author(s):  
V. Mamai
Keyword(s):  
Practical Problem ◽  
Case Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
Labor Disputes ◽  
Legal Provisions ◽  
Legal Nature ◽  
The Supreme Court ◽  
Functional Orientation ◽  
The Right

The articles explore the practical problems of the application of procedural deadlines in the consideration of labor disputes relating to remuneration, their application. The article proclaims the practical problem of choosing the terms proposed in Article 233 of the Labor Code of Ukraine. Thus, it is determined that when applying the terms proposed in Part 2 of Article 233 of the Labor Code of Ukraine, does not necessarily expand the understanding of the category of “wages” and “wages”. Pay attention to the solution of this issue in the articles on all developed cooperation, the concept of “wages” and “wages”, which is used in Part 2 of Article 233 of the Labor Code of Ukraine, the relevant decision of the Constitutional Court of Ukraine is analyzed. By solving the problems of the legal nature of the payments involved to employees for recovery, which can be applied to Part 2 of Article 233 of the Labor Code of Ukraine, the author conducted a study and analysis of recent case law and examples of court decisions, namely the rulings of the Supreme Court and decisions of the Constitutional Court of Ukraine, in this court with the formation of clear legal provisions governing the legal nature of payments. this can be used Part 2 of Article 233 of the Labor Code of Ukraine. Also the question of structure of a salary, its basic elements, the analysis of provisions of the basic regulatory legal acts, both laws, and by-laws regulating the certain questions is investigated. The article concludes that the concepts of “wages” and “wages”, which are used in Part 2 of Article 233 of the Labor Code of Ukraine are identified. To this notion of “wages” it is proposed to create an extensive structure of payments. The criterion for canceling the payment to the structure of wages is the founder of the connection of such payment with the performance of duties of employees and its functional orientation (from the creation and incentives). In view of this, the author supports the view that Part 2 of Article 233 of the Labor Code of Ukraine can not join the dispute over the recovery of these amounts, the right to quality applies to employees as a result of breach of their obligations by employers (Articles 117, 235, 236, 237-1 of the Labor Code of Ukraine)

Grenzüberschreitender Formwechsel

2020 ◽  
Author(s):  
Mike Karl Schmidt
Keyword(s):  
Case Law ◽  
Company Law ◽  
Practical Implementation ◽  
Legal Certainty ◽  
Commercial Law ◽  
High Expectations ◽  
Applicable Law ◽  
Cross Border ◽  
The Cross ◽  
First Time

Can the long-awaited Company Law Package fulfill the high expectations and the need for legal certainty for the cross-border conversion? The aim of this dissertation is to examine the Company Law Package in detail by analyzing European and German case law and taking into account the (still) applicable law regarding the cross-border conversion. This analysis can be divided into two central facets: 1. The Digitalization Directive will be evaluated under commercial law publicity in order to determine whether the "bridging" between the registers of the country of departure and the country of immigration succeeds which is essential for the cross-border conversion. 2. The Mobility Directive provides a procedural regime for the first time that is being examined with regard to its current practical implementation.

scholarly journals THE MARINE INSURANCE CONTRACT AND ITS MEANING FOR COMMERCIAL SHIPPING

2020 ◽  
Author(s):  
Anton Grozdanov ◽  
Keyword(s):  
Case Law ◽  
Insurance Contract ◽  
Legal Institutions ◽  
Marine Insurance ◽  
Commercial Law ◽  
Legal Nature ◽  
Merchant Shipping

The report examines the legal nature of the Marine Insurance Contract as one of the legal institutions forming the shape of the Maritime Commercial Law. The essential importance of a merchant shipping contract is illustrated by an example from the English Case Law, which is leading worldwide.

scholarly journals CORRELATION OF FACTORING AGREEMENT WITH CERTAIN TYPES OF CONTRACTS IN UKRAINE

2019 ◽  
pp. 45-49
Author(s):  
A. V. Ivanytskyi
Keyword(s):  
Comparative Method ◽  
Case Law ◽  
Legal Regulation ◽  
Complex Nature ◽  
Legal Personality ◽  
Theoretical Approaches ◽  
Legal Nature ◽  
Legal Structures ◽  
The Difference ◽  
Characteristic Features

The legal construction of a factoring contract has separate features similar to other business agreements. At the same time, factoring is characterized by a number of certain features, which makes it possible to distinguish it as an independent type of economic agreement with its own, specific legal regulation. Doctrinal literature suggests that factoring is not a separate type of obligation, but is instead considered as a subspecies or specific form of other treaties. In order to refute such judgments, we consider it necessary to clarify the difference between factoring agreements and related categories. The article improves the comparative characteristics of the factoring contract and the cession contract – a number of different characteristics are revealed, which allow to differentiate factoring relations from the relations of the cession. Using the comparative method, the differences of the contract of faking from the different types of contracts are investigated on the basis of the subject of contracts, independence, payment, formof conclusion of contracts, legal personality of the parties, sources of legal regulation, complex nature, etc. Further developed the provision on the economic and legal nature of the factoring agreement, which objectively corresponds to its nature, features and characteristic specificity, based on the analyzed theoretical approaches to determining the legal nature of the factoring agreement, foreignexperience, case law and case law international law and the author’s own positions. It is proved that the factoring contract is an independent and complete economic obligation, which has its own characteristic features and features that make it possible to distinguish the factoring contract with similar legal structures. On the basis of a systematic study of the relation of the factoring contract with certain types of contracts, new scientific provisions have been developed, and proposals for improvement of legislation on a number of issues have been substantiated.

Prestaţia compensatorie în Codul civil român

2021 ◽  
Vol 2021 (2021) ◽  
pp. 164-179
Author(s):  
Flavius Antoniu BAIAS ◽  
◽  
Stela STOICESCU ◽  
Keyword(s):  
Case Law ◽  
Social Utility ◽  
Legal Institution ◽  
Legal Regime ◽  
Procedural Law ◽  
The Social ◽  
Legal Nature ◽  
Legislative Framework ◽  
The Right ◽  
Compensatory Payment

This study aims to describe the legal regime of the compensatory payment, with reference to the legislative framework, the sources of inspiration of the regulation, as well as to the current national case-law in this matter, which confirms, by the large number of cases solved after the entry into force of the Civil Code, the social utility of this legal institution. On the basis of the case law examples provided, the authors analyze the legal nature of the compensatory allowance by distinguishing it from similar institutions – the maintenance obligation between ex-spouses or the right to compensation – the conditions to be fulfilled when granting compensatory payment, the criteria used to impose, modify or terminate the obligation, and the substantive and procedural law difficulties of these disputes.

scholarly journals Let Them Learn

2021 ◽  
Vol 7 (2) ◽  
pp. 230-260
Author(s):  
Christian Martinez
Keyword(s):  
Critical Analysis ◽  
Oil And Gas ◽  
Common Law ◽  
Case Law ◽  
The Self ◽  
Self Assessment ◽  
Proposed Model ◽  
Design Build ◽  
Free Flow Of Information ◽  
Flow Of Information

Organizations often conduct probing self-studies to review internally existing policies, procedures, and business methods. Yet, despite an increasing social need for these studies, the Texas legislature has yet to construct a privilege designed to protect an organization from being harmed from these studies by adverse litigants. The self-critical analysis privilege, or SCAP, is an alluring, common law doctrine that protects the free flow of information sharing through an organization’s self-assessment. This Comment proposes a model statute for the codification of the SCAP for the consideration of the Texas legislature. This model statute is not a general codification of the privilege. Instead, the statute is meant to apply only to Texas’s Design-Build industry. This Comment discusses the significant policy considerations supporting the SCAP and analyzes case law to derive proper drafting language. Although this proposed model statute narrowly applies to Texas’s Design-Build industry, the hope is to have a workable statute that could apply to general products, oil and gas, and other property related industries.

scholarly journals In the name of the public: Representatives of collective and wider interest of the public in administrative matters in Serbia

Pravni zapisi ◽  
2020 ◽  
Vol 11 (2) ◽  
pp. 504-531
Author(s):  
Jelena Jerinić
Keyword(s):  
Public Interest ◽  
Case Law ◽  
Legal Framework ◽  
Interested Party ◽  
The Public ◽  
Administrative Procedure ◽  
Active Approach ◽  
Legal Provisions ◽  
Direct Indication ◽  
Administrative Procedures

Serbian Law on General Administrative Procedure (LGAP) opened a possibility for broadening the standing in administrative procedures and administrative disputes, by inclusion of subjects representing collective interests and interest of the wider public - primarily, citizen associations and similar organizations. However, by failing to regulate a series of concrete issues, the Law places the administration and the Administrative Court before a challenge, demanding from them an extensive interpretation of not only LGAP's provisions, but other legislation already recognizing such organizations as AIDS in realization of the public interest. The author analyzes relevant legislation, as well as available administrative and court caselaw in search of these answers. The lack of explicit legal provisions could be balanced by a creative approach in practice, especially by the Administrative Court. Having in mind comparative solutions, the question arises whether it is necessary to regulate this category of potential parties separately or to link it more explicitly to the already existing notion of an interested party. Instead, completely new notions have been introduced - collective interests and the wider interests of the public - which are not or not consistently defined in Serbian law. The current, not so voluminous case law, shows that the administrative bodies need a more direct indication of the rules, i.e. a more explicit definitions of these terms. However, despite the restrictive legal framework, administrative bodies should be open to understanding the specific circumstances, i.e. the motivation that an organization has when it seeks standing. In the normative sphere, one of the solutions could be to envisage the analogous application of LGAP's provisions on the interested party. Other solutions could be sought in explicitly mentioning them in the provisions on right to appeal. The current formulations of LGAP do not provide sufficient guidance to the administration and an extensive interpretation would be a great challenge for them. An active approach of the Administrative Court could show the way for the administration toward and effective application of these provisions of LGAP.

scholarly journals Terror as a Tool of Stalin’s Rule Book Review: Syrykh VM. The Legal Nature of Stalin’s Terror: In Compliance with the Directives of the Party, but Contrary to the Law. Moscow: Yurlitinform Publ.; 2020

Lex Russica ◽  
2021 ◽  
pp. 146-155
Author(s):  
V. G. Baev ◽  
A. N. Marchenko
Keyword(s):  
Russian Federation ◽  
Critical Analysis ◽  
The State ◽  
State System ◽  
Legal Scholar ◽  
Soviet People ◽  
Legal Nature ◽  
The Russian Federation ◽  
Legal Theorist

The paper provides for a critical analysis of the monographic work by famous Marxist legal scholar, Doctor of Law, Professor, Honored Scientist of the Russian Federation Vladimir M. Syrykh. As known, there are a lot of works investigating the crimes of Stalinist politics based on open sources that have become available to scientists. Prof. Syrykh cultivates a different, legal view of the activities of Stalinist leadership. As a legal theorist and methodologist, he set himself the goal of analyzing the legal nature of Stalin’s repressive policies and his associates in the 1930s-1950s. The researcher concluded that Stalin’s leadership in the process of building the socialist state turned away from the requirements of the constitution and Soviet legislation, acted contrary to law, replacing it with Directives, which can be qualified as undermining the state system.Reviewers praise the work by Vladimir M. Syrykh, sharing many of his submissions. As reviewers see, the author’s intention was to purge the very idea of socialism from the distortions and perversions brought by Stalin. According to the author, Stalin perverted the creative nature of Marxism and Lenin’s legacy. However, the authors of the review indicate that the policy of terror against the Soviet people coincides with the period of Stalin’s rule, which gives grounds to Prof. Syrykh opponents to claim: 40 years of socialist construction involved violence, coercion and killing thousands of people. The book under review is written to counter such claims.

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