LIABILITY FOR THE DEBTS OF A DISSOLVED COMPANY. IS THE ITALIAN LEGAL SYSTEM LOSING CONTEST WITH OTHER EUROPEAN SYSTEMS?

2018 ◽  
Vol 9 (1) ◽  
pp. 59
Author(s):  
Federica Pasquariello
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Code ◽  
Company Law ◽  
The Other ◽  
Contingent Liabilities ◽  
Protection Strategies ◽  
Legal Entities

Italian legal framework provides two credit protection strategies which can be employed to enforce the liability for debts ( both contingent liabilities and unpaid debit residuals ) of a dissolved company: the first based on Company Law , the other on Bankruptcy Law.According to Company Law, by virtue of art. 2495, Civil code, capital companies which have been removed from the Register after a liquidation process(1), are to be considered extinct. Moreover, according to the Court of Cassation, U.S.,February 22nd, 2010, no. 4060-4061-4062(2) the same conclusion can be drawn for partnerships because of systematic coherence. Therefore, following the cancellation from the Company Registry, the companies no longer exist neither as legal entities nor as subjects of law. Shareholder and liquidator will respond in different ways to any surviving or overdue social debt, according to artt. 2312 and 2495 c.c.

scholarly journals Corporations in Ukrainian Law

Legal Ukraine ◽  
2020 ◽  
pp. 26-35
Author(s):  
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Code ◽  
Corporate Law ◽  
Company Law ◽  
Legal Concept ◽  
Legal Entity ◽  
Corporate Rights ◽  
General Sign ◽  
Legal Entities

This article deals with the special development of the company (or rather corporate) law in Ukrainian legal system. The current legislation does not set the concept of corporation. As a result, the consept «corporation» is the center of the scientific discussions. Judicial practice forms different conceptions of the concept «corporation» also. At the same time, the concept «corporation» is the general element of the company law development in the future. The legal concept of the corporate relationships forms one their general sign only. The object of these relationships is the corporate rights. The form of the legal entity predetermines the maintenance of the corporate rights. Thus, the list of subjects is the criterion for the corporate nature of the relationships. The maintenance of the concept «corporation» is different in the world legal systems. Thus, the implementation of this concept into our legal system is the difficult process. Being in past the post social state, Ukraine did not have the company (or corporate) law. The modern Ukrainian legislation has a high level of dynamics. It adapts to the necessities of modern society. All mentioned above circumstances need special criteria. Such criteria should form the maintenance of the concept «corporation». They are the most difficult problem. The main reasons of this situation are: the existence of two codes – Civil Code and Commercial Code; the existence of a lot of special legal acts. As a result, there are a lot of ways for understanding of the concept «corporation» in Ukrainian science: from some forms of the companies to all legal entities. The corporate relationships have got one general sign – the special legal connection between legal entity and it’s membership. Such connection is the nature of the corporation. The scientists formed a lot of signs of the corporation. For example, general social aim, association of persons and capitals, existence of property and non property rights for participants. The most of these signs are in all legal entities. At the same time, mentioned above list includes one special sign — the existence not only non property rights, but property rights too. The participants of the non-entrepreneurial legal entities have not property rights. It is not exists the property connection between the non-entrepreneurial legal entity and participants. What does the nature of the entrepreneurial legal entity? The aim to get the income it is not sufficient sign for entrepreneurial legal entity. According to provisions of the Civil Code, non-entrepreneurial legal entity may also to get income. All legal entities may get some income from activity in modern economic relationships. The nature of the entrepreneurial legal entities — distribution of income between the participants. As a result, participants of such legal entities have got full list of the corporate rights (including property and non-property rights). Thus, the corporate legal nature is the main feature for the entrepreneurial legal entity. Key words: corporation, legal entity, incom, corporate rights, entrepreneurial legal entity.

scholarly journals Dilemmas about the scope of the Act on Prevention of Domestic Violence from a human rights perspective

2020 ◽  
Vol 66 (4/2019) ◽  
pp. 193-206
Author(s):  
Darko Simović
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
Legal System ◽  
Legal Framework ◽  
The Other ◽  
Effective Prevention ◽  
Other Hand ◽  
International Obligations ◽  
The Republic ◽  
The One

The adoption of the Act on Prevention of Domestic Violence was driven by the creation of a more effective legal framework for the protection of victims of domestic violence, and, therefore, also by the alignment of the legal system of the Republic of Serbia with international obligations. The main novelties include multi-sectoral cooperation and primarily preventive nature of the law. However, from its very adoption, it has been pointed to its noticeably repressive character, as well as to provisions with potentially harmful impacts. Hence, this paper represents a contribution to the discussion on the importance and scope of the solutions provided for in the Act on Prevention of Domestic Violence. On the one hand, it points to major novelties intended to contribute to a more effective prevention of domestic violence. On the other hand, it questions the constitutionality and appropriateness of some of the legal solutions, arguing that, in particular respects, the lawmaker had to use a wiser and more subtle approach to conceptualising the provisions of this law.

National Report for Spain

2012 ◽  
Keyword(s):  
19Th Century ◽  
21St Century ◽  
Legal System ◽  
Satisfactory Result ◽  
Legal Framework ◽  
Civil Code ◽  
Procedural Law ◽  
National Report ◽  
The 19Th Century ◽  
The Eu

The current insolvency legislation is the result of a long and cumbersome evolution. It was approved on 7 July 2003 (Ley 22/2003, the Insolvency Act 2003 (‘IA’)) and came into force on 1 September 2004, putting an end to one of the most embarrassing situations that the Spanish legal system has ever had to endure: coming into the 21st century with an insolvency legislation dating back to the beginning of the 19th century. The previous insolvency system was composed of as many as five different legal instruments: the Commercial Codes (Codigo de Comercio) of 1885 and 1829 (only partially in force) and the Law on Suspension of Payments of 1922 (Ley de Suspension de Pagos), which regulated some procedural aspects and all material aspects of commercial insolvency; the Civil Code of 1889, which regulated the insolvency of the general—non-commercial—debtor; and the Civil Procedural Law, dating from 1881 (Ley de Enjuiciamiento civil ). It can then be said that the insolvency of a large business in a developed European economy (the fifth largest in the EU) had to be solved with laws that dated from two centuries before. The reform has been a relief and it has greatly modernised Spain’s economic legal legal framework. However, this process was neither easy nor did it produce a fully satisfactory result.

‘Plural Sharīʿah’. A Liberal Interpretation of the Sharīʿah Constitutional Clause of the 2014 Egyptian Constitution

2017 ◽  
Vol 31 (1) ◽  
pp. 74-88
Author(s):  
Giancarlo Anello
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Code ◽  
Arab Countries ◽  
The State ◽  
Constitutional Court ◽  
Islamic Religion

This article addresses the Egyptian Constitution issued in 2014 (dustūr ǧumhūriyyah miṣr al-ʿarabiyyah). Article 2 declares that Islam is the religion of the State and that the Sharīʿah is the main source of legislation. The aim of the author is to interpret this provision considering the role that the Islamic religion plays in the cultural and legal framework of Arab countries, notably in Egypt. Furthermore, this article tries to develop a pluralistic interpretation of the norm, taking into account some foundational aspects of the Egyptian legal system including the Civil Code of 1948, the particular tradition of Arab Constitutionalism, and the former jurisprudence of the Supreme Constitutional Court.

scholarly journals Inovações do Código Civil Brasileiro de 2002 na Disciplina do Negócio Jurídico Simulado

2013 ◽  
Vol 8 (1) ◽  
Author(s):  
Angela Cristina Viero
Keyword(s):  
Legal System ◽  
Civil Code ◽  
Third Parties ◽  
Good Faith ◽  
The Other ◽  
Legal Certainty ◽  
Other Hand ◽  
The World

Resumo: O presente artigo tem por objetivo analisar a disciplina do Código Civil de 2002 no que se refere à simulação nos negócios jurídicos. O Código Civil atualmente em vigor inovou na regulamentação dos negócios jurídicos simulados em relação ao Código Civil revogado, fundamentalmente quanto à causa da simulação para que o fenômeno seja relevante para o Direito, bem como no que concerne à dimensão no mundo dos fatos jurídicos em que se situa o negócio jurídico simulado, com implicações nos efeitos da simulação entre aqueles que dele participam (partes) e aqueles que lhe são alheios (terceiros). Da sanção de nulidade prevista no art. 167, caput, decorre a possibilidade de arguição da simulação entre as partes entre si, circunstância que deve ser analisada com cautela em cada caso concreto, a fim de evitar que o escopo da simulação, quando fraudulenta, seja concretizado. Por outro lado, prevê o Código Civil de 2002 a inoponibilidade da simulação pelas partes em face dos terceiros de boa-fé, em homenagem à tutela da confiança com a finalidade de preservação da segurança jurídica. Não obstante, quanto a este último aspecto, não há previsão de critérios que auxiliem na solução de eventuais conflitos entre diferentes categorias de terceiros de boa-fé. Palavras-chave: Negócio Jurídico Simulado; Código Civil brasileiro de 2002; Causa da simulação; Nulidade; Efeitos. Abstract: This article aims to analyze the normative discipline of the simulated transactions on the Brazilian Civil Code of 2002. The Civil Code currently in force has innovated on the rules about simulated transactions in comparison to the revoked Civil Code, fundamentally in relation at the motive of the simulation to become relevant for the legal system, as well as concerning the dimension on the world of facts in which are situated the simulated transactions, involving the effects of the simulation among the participants on it (parties) and those who are out of it (third parties). From the nullity sanction settled by the art. 167, caput, arises the possibility to argue for the simulation of the parties among themselves, circumstance that must be analyzed prudently in each case, to avoid that the objective pursued with the simulation, when it is fraudulent, to be rendered concrete. By the other hand, the Civil Code of 2002 settles to the parties the impossibility of opposing the simulation against thirds parties in good faith, in honor to protect trust intending to preserve legal certainty. Nevertheless, as far as this last aspect is concerned, there are not forecasted criteria to support solutions for eventual conflicts between different categories of thirds parties in good faith.        Keywords: Simulated transactions; Brazilian Civil Code of 2002; Motive of simulation; Nullity; Effects. 

Formation of Integrated Legal Entities in Legal System: Tribute to Fashion or Necessity?

2016 ◽  
Vol 4 (5) ◽  
pp. 0-0
Author(s):  
Елена Сидорова ◽  
Elena Sidorova
Keyword(s):  
Legal System ◽  
Scientific Community ◽  
Legal Framework ◽  
Focus Of Attention ◽  
Theoretical Level ◽  
Legal Entity ◽  
The Status ◽  
Legal Character ◽  
Legal Entities

Today integrated legal entities are again in the focus of attention of the scientific community. Addressing this problem is so topical and popular that one can safely acknowledge persistent urge to consider any question of legal character mainly through the lens of determining the integrated nature of law. What’s to be done in this situation when it is necessary to determine the status of a relevant legal entity? Therefore, with a certain degree of objectivity the article notes important issues related to integrated legal entities, their formation within the legal framework, provides definition to the method of an integrated branch of law, demonstrates differences between the main branches of law and integrated legal entities. The article also identifies and sets forth possible ways to resolve the issues at the theoretical level. Taking into account considerable advantages provided by integral regulation, the author assumes that there will be a further surge in the interest towards these topics.

scholarly journals The Ratification and Status of the International Treaties in the Legal System of the Islamic Republic of Iran

2017 ◽  
Vol 10 (5) ◽  
pp. 85
Author(s):  
Seyed Ahmad Tabatabaei ◽  
Siamak Karamzadeh
Keyword(s):  
Legal System ◽  
Civil Code ◽  
The Other ◽  
International Treaties ◽  
Islamic Republic ◽  
Islamic Revolution ◽  
Objective Interpretation ◽  
The Status ◽  
Islamic Republic Of Iran ◽  
The Guardian

After the Islamic revolution in Iran in 1979, fundamental changes occurred in Iran’s political and legal system. Pursuant the referendum on creating the Islamic Republic in March 1979, the new constitution came into force in the same year and many of the ordinary laws of the country were also reformed. The purpose of this study is to consider the method of ratification of international treaties and the status of these instruments in the legal system of Iran. Firstly, the stages of the ratification of treaties in Iran's legal system have been explained. Secondly, the position of treaties among the other laws is discussed. This study concludes that, the international treaties, like ordinary laws, primarily should be passed by the Islamic Consultative Assembly; and after the approval of the Guardian Council, they should be signed by the President. Under the Constitution of Iran all international treaties should all be ratified by the Islamic Consultative Assembly (parliament) and the Guardian Council; however, based on the interpretations of the Guardian Council and the executive procedures, some treaties have been excluded from the ratification of the Islamic Consultative Assembly. International treaties may enjoy a higher position than that of the ordinary law through an objective interpretation, although they have been recognized as ordinary laws by the Article 9 of the Civil Code of Iran.

scholarly journals LANDSCAPE OF LAWS AND PROCEDURE OF WINDING UP OF COMPANIES IN PAKISTAN

2019 ◽  
Vol 1 (2) ◽  
pp. 77-89
Author(s):  
Rehmat Ali ◽  
Keyword(s):  
Legal System ◽  
Radical Change ◽  
Legal Framework ◽  
Company Law ◽  
Financial Assistance ◽  
Corporate Sector ◽  
New Techniques ◽  
The World ◽  
A Company ◽  
Substantial Change

Under the Company Law of Pakistan the winding up process through Court is regulated under sections 293, 305, 306 and of new Companies Act 2017. Nonetheless, the main focus of the courts is “to save the corporate sector” on the ground that it is “just and equitable” under Section 301 of Act, that a company should be put to winding up proceeding or not and there is no other mode to avoid the winding up of the companies like providing financial assistance. However, a radical change has been introduced in the world, in the field of windings up of the companies since the incorporation of the companies in Pakistan. Firstly we followed Companies Act 1913 and secondly a company ordinance 1984 promulgated and recently Companies’ Act 2017 has been introduced but no substantial change has been introduced in winding up proceeding of the companies. In the wake of the present mechanism and corporate legal framework in Pakistan, it is endeavored to research whether, in view of modern corporate cultures prevalent in the world, the Companies Act, 2017 provides adequate measures for the companies sought to be wound up in Pakistan. This article also aims, inter alia, to analyze the new techniques prevalent in various jurisdictions of the world and consider the aspects of legislative transplant of the same within the corporate legal system of Pakistan.

Part VII Rights—Substance and Content, Ch.50 Personal Laws

2016 ◽  
Author(s):  
Agnes Flavia
Keyword(s):  
Legal System ◽  
Legal Framework ◽  
Civil Code ◽  
Fundamental Rights ◽  
Colonial Rule ◽  
Indian Constitution

This chapter examines the legal framework for personal laws in India. It begins with an overview of the legal system introduced for personal laws during colonial rule, along with the evolution of legislation for such laws. It then considers Hindu law reforms following Independence and goes on to discuss the manner in which the courts have tackled the challenges to the constitutionality of personal laws. In particular, it explores two approaches used by the courts to test personal laws on the touchstone of fundamental rights: the non-interventionist approach and the scrutinising approach. The chapter concludes by assessing Article 44 of the Indian Constitution and the debate over the Uniform Civil Code.

Sign in / Sign up

Export Citation Format

Share Document