scholarly journals PUBLICZNOPRAWNE ASPEKTY KONSTRUKCJI „ZŁOTEJ AKCJI”

2016 ◽  
Vol 12 (2) ◽  
pp. 29
Author(s):  
Elżbieta Małecka
Keyword(s):  
Public Law ◽  
Public Order ◽  
Commercial Law ◽  
The Public ◽  
Eu Countries ◽  
Golden Share

PUBLIC ASPECTS OF GOLDEN SHARE CONSTRUCTION Summary In this paper I have tried to show the aspects of public law involved in the construction of a golden share. In view of the numerous privatisation processes which companies of strategic importance for the public order and security of a given state have undergone, the institution of the golden share has been made subject to public law. The literature I refer to presents the components of public law applicable to the golden share. The solutions prescribed in the Polish act of 2010 and in the legislation of other EU countries confirm that currently the connections of this institution with commercial law are becoming more and more tenuous.

Part I General Principles, 3 International Law as it Affects Private Law Conventions Governing Cross-Border Commercial Transactions

2015 ◽  
Keyword(s):  
International Law ◽  
Public Law ◽  
Private Law ◽  
Commercial Law ◽  
Typical Structure ◽  
The Public ◽  
State Security ◽  
The Subject ◽  
The Relationship ◽  
Domestic Law

Chapter 3, after describing general principles of international law and the relationship between international law and domestic law, focuses on the hitherto neglected subject of private commercial law conventions. Textbooks on international law invariably focus on public law treaties. By contrast this chapter addresses issues relating to private law conventions. It goes through the typical structure of a private law convention, the interpretation of conventions and the treatment of errors, and the enforcement of private conventional rights against States. The subject of private law conventions and public law has become of increasing importance with the appearance in several private law instruments of provisions of a public law nature designed, for example, to ensure that creditors’ rights are not enforced in a manner that adversely affects the public interest or State security. Reservations and declarations are also discussed, together with the subject of conflicts between conventions.

scholarly journals PROVIDING PUBLIC ORDER IN THE LIGHT OF CODIFICATION OF CURRENT LEGISLATION

2019 ◽  
pp. 90-93
Author(s):  
S. A. Komissarov
Keyword(s):  
Social Relations ◽  
Legal Regulation ◽  
Administrative Law ◽  
Public Law ◽  
Public Order ◽  
Main Function ◽  
The Public ◽  
Public Purpose ◽  
Legal Thinking ◽  
European Standards

The article deals with the codification of administrative legislation. The basic concepts are considered, approaches to a problem are revealed, directions of improvement of the current legislation are analyzed. The main attention is paid to the issue of codification as a legal category and codification of administrative law, since it is a form of lawmaking, and its main purpose is to providing the most complete legal regulation of a certain sphere of social relations by adopting logically complete normative acts of complex and generalizing nature. It is suggested that public law should perform the function of public order, which is provided with appropriate means of influence in case of violation of relations in this field. It is emphasized that the list of remedies of public order includes the rules of public law, but those with a protective orientation, public-legal relations that arise in cases of committing offenses in the sphere of public order, and acts of implementation of these rules. As for administrative law, its main function should be to protect the rights and freedoms of a citizen from illicit acts or inction of state bodies (officials). On the basis of a critical analysis of the foundations of post-Soviet jurisprudence, a modern understanding of the role and content of norms of administrative law is offered, as well as a comprehensive, balanced and consistent revision of the legislation, and its adjustment with modern European standards. In particular, there is an urgent need to reform the administrative law of Ukraine, the basis for defining the purpose of which is an approach formed in Soviet times, which should be based on a substantially updated, more democratic understanding of the public purpose of public law, which will replace Soviet administrative law. It is concluded that a qualitatively new ideology of legal thinking must be created and practically introduced in Ukraine.

scholarly journals Acquisition and Loss of the Public Law Status of Entrepreneur – Interpretation Problems of Public Commercial Law in Poland

2013 ◽  
Vol 33 (1) ◽  
pp. 127-138
Author(s):  
Maciej Etel
Keyword(s):  
National Court ◽  
Public Law ◽  
Entrepreneurial Activity ◽  
Commercial Law ◽  
The Public ◽  
Central Register ◽  
The Creation ◽  
The Moment ◽  
Scientific Value

Abstract The obligation of the legalization of entrepreneurial activity from Article 14 of The Act of July 2, 2004 on the freedom of entrepreneurial activity caused deliberations regarding constitutive or declarative character of the legalization entry and as a result, created a problem with indication of the moment when the public law status of an entrepreneur is acquired (or respectively - lost). The answer to the question whether Central Register and Information of Entrepreneurial Activity or the register of entrepreneurs of the National Court Register have also the creation function incites many controversies and is subject to discussions, in the process of which two main standpoints were formed. It is also important to note that the resolution of the discussed issue not only holds scientific value, but above all, it has significant importance in practice. Therefore, it is necessary and even essential. Furthermore, it is typical for this issue that concerns related thereto and arguments raised during the discussion have their basis in the legislation in force and in fact, encapsulate the favoured path of its interpretation.

Public Order: Concept and Category Content

2020 ◽  
pp. 95-99
Author(s):  
R. G. Kalustov
Keyword(s):  
Law Enforcement ◽  
Public Order ◽  
Law Enforcement Agencies ◽  
The Public ◽  
History Of

The article discusses the emergence and development, as well as existing approaches to understanding the concept of “public order”. The history of the formation of this category is examined by analyzing regulatory legal acts. This method allows you to track the change in value and determine how to correctly understand the “public order” today. Revealing the concept, ambiguity arises in understanding this category, in connection with which the most applicable approach is currently determined for use in practice by law enforcement agencies.

User Property, User Rights, and User Privileges

2017 ◽  
Author(s):  
Pascale Chapdelaine
Keyword(s):  
Public Law ◽  
Copyright Law ◽  
Future Application ◽  
Private Law ◽  
The Public ◽  
Freedom Of Contract ◽  
Competing Interests ◽  
Regulatory Changes ◽  
Law And Policy ◽  
User Property

This chapter proposes two principles that should inform the development of copyright law and policy and of user rights. The first calls for more cohesion between copyright law, private law, and public law, and for less exceptionalism in copyright law. The second requires that the balance in copyright law be adjusted for its future application as a mediation tool between the competing interests of copyright holders, users, intermediaries, and the public. Instituting positive obligations for copyright holders in relation to users and steering freedom of contract toward the objectives of copyright law are necessary regulatory changes to rectify ongoing imbalances. The principle of technological neutrality should guide the judiciary in its application of copyright’s objective of promoting a balance in copyright law. The proposed guiding principles lead to the creation of a taxonomy and hierarchy of copyright user rights that take into account the myriad ways users experience copyright works.

Fiduciary Principles and Public Offices

2019 ◽  
pp. 302-322
Author(s):  
Ethan J. Leib ◽  
Stephen R. Galoob
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
Public Institutions ◽  
Policy Implications ◽  
Public Officials ◽  
Public Office ◽  
Public And Private ◽  
Normative Structure ◽  
The Public ◽  
Positive Law

This chapter examines how fiduciary principles apply to public offices, focusing on what it means for officeholders to comport themselves to their respective public roles appropriately. Public law institutions can operate in accordance with fiduciary norms even when they are enforced differently from the remedial mechanisms available in private fiduciary law. In the public sector, fiduciary norms are difficult to enforce directly and the fiduciary norms of public office do not overlap completely with the positive law governing public officials. Nevertheless, core fiduciary principles are at the heart of public officeholding, and public officers need to fulfill their fiduciary role obligations. This chapter first considers three areas of U.S. public law whose fiduciary character reinforces the tenet that public office is a public trust: the U.S. Constitution’s “Emoluments Clauses,” administrative law, and the law of judging. It then explores the fiduciary character of public law by looking at the deeper normative structure of public officeholding, placing emphasis on how public officeholders are constrained by the principles of loyalty, care, deliberation, conscientiousness, and robustness. It also compares the policy implications of the fiduciary view of officeholding with those of Dennis Thompson’s view before concluding with an explanation of how the application of fiduciary principles might differ between public and private law settings and how public institutions might be designed or reformed in light of fiduciary norms.

Private and Public Law

2020 ◽  
pp. 574-592
Author(s):  
Thomas W. Merrill
Keyword(s):  
Law And Economics ◽  
Public Law ◽  
Private Law ◽  
General Criterion ◽  
The Public ◽  
Private Ordering ◽  
Public Rights ◽  
Private And Public ◽  
The Relationship ◽  
Derivatives Of

This chapter explores the relationship between private and public law. In civil law countries, the public-private distinction serves as an organizing principle of the entire legal system. In common law jurisdictions, the distinction is at best an implicit design principle and is used primarily as an informal device for categorizing different fields of law. Even if not explicitly recognized as an organizing principle, however, it is plausible that private and public law perform distinct functions. Private law supplies the tools that make private ordering possible—the discretionary decisions that individuals make in structuring their lives. Public law is concerned with providing public goods—broadly defined—that cannot be adequately supplied by private ordering. In the twentieth and twenty-first centuries, various schools of thought derived from utilitarianism have assimilated both private and public rights to the same general criterion of aggregate welfare analysis. This has left judges with no clear conception of the distinction between private and public law. Another problematic feature of modern legal thought is a curious inversion in which scholars who focus on fields of private law have turned increasingly to law and economics, one of the derivatives of utilitarianism, whereas scholars who concern themselves with public law are increasingly drawn to new versions of natural rights thinking, in the form of universal human rights.

Public order as a protectable interest

Legal Studies ◽  
2021 ◽  
pp. 1-20
Author(s):  
Zhilong Guo
Keyword(s):  
Everyday Life ◽  
Public Order ◽  
Important Criterion ◽  
Public Interests ◽  
The Public

Abstract Public order as a protectable interest is an important criterion for determining a consistent and rational scope of crimes against public order. From the specific perspective of everyday life, Feinberg's theory of minimum welfare interests neglects those kinds of interests that relate to a smooth or harmonious life. Socio-legal perspectives make it clear that safety interests, which directly concern basic living (bodily existence), do not include various kinds of order interests – and thus life order interests in convenience, comfort and peace, distinguishable from safety interests that are protected by English public order laws, can be construed as the public order interest. By critically adopting Feinberg's individualistic approach to analysing public interests in three types of case, the test of being public is further clarified. Typical categories of public order are socially and normatively identified before concluding with a discussion of the effects the identification made by the paper might make to the scope and nature of public order law and offences.

Sign in / Sign up

Export Citation Format

Share Document