Offset and Third Parties Ⅱ - The Exercise of the Right of Set-off by a Third Party and the Exercise of the Right of Set-off against a Third Party -

2021 ◽  
Vol 24 (4) ◽  
pp. 437-469
Author(s):  
HoHaeng Lee
Keyword(s):  
Third Parties ◽  
Third Party ◽  
The Right

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

scholarly journals Residual Profit Allocation by Income

2021 ◽  
pp. 189-265
Author(s):  
Michael P. Devereux ◽  
Alan J. Auerbach ◽  
Michael Keen ◽  
Paul Oosterhuis ◽  
Wolfgang Schön ◽  
...  
Keyword(s):  
Current System ◽  
Third Parties ◽  
Destination Country ◽  
Third Party ◽  
Superior Performance ◽  
Reform Proposal ◽  
Goods And Services ◽  
Profit Allocation ◽  
The Right

This chapter sets out our first detailed reform proposal: the Residual Profit Allocation by Income (RPAI). This is one of a family of schemes based on separating multinational profit into ‘routine’ and ‘residual’ profit, a distinction that exists under the current system. The RPAI allocates the right to tax routine profit to the country where functions and activities take place. It allocates the right to tax residual profit to the market, or destination, country where sales are made to third parties. We evaluate the RPAI against our five criteria. We conclude that while it is far from perfect, it performs well against these criteria. Its superior performance stems primarily from allocating taxing rights for residual profit to the destination country, where there is a relatively immobile third party purchaser of goods and services sold by the company.

scholarly journals Objection to the trademark application or the action of international registration of a trademark in Ukraine

2021 ◽  
pp. 87-94
Author(s):  
Olesia Kharchenko
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
The State ◽  
Third Party ◽  
The Right

Keywords: objection, opposition, trademark, appellate chamber, period of opposition The article analyses themain approaches to the practice of filing and the consequences of filing objections ofthird parties against trademark applications or international trademark registrationsbased on a study of the provisions of regulations of Ukraine and foreign countries.The filing of an objection to an application for a trademark is defined as theright of any third party to state its views on the inconsistency of the designation appliedfor registration with the conditions of granting legal protection. It is concludedthat this procedure in Ukraine is not fully harmonized with the practice of the EuropeanUnion: Ukrainian law does not provide for the submission — of observation ofthird parties, when the trademark cannot be registered ex officio. Such observationcan be submitted by any person free of charge, but this person will not become a partyto the proceedings during the designation examination.It is determined that this right in Ukraine can be exercised within several instances:1) Objection of a third party, which is filed at the stage of examination of the designation;2) Objection of a third party, which is submitted to the Appeals Chamber of the NationalIntellectual Property Authority;3) Appeal of the approved decision of the Appeals Chamber of the National IntellectualProperty Authority in court.The article provides suggestions for improving the procedure for filing objections toan application for a trademark or the action of international registration of a trademarkin Ukraine:1) granting the right to third parties to submit to the National Intellectual PropertyAuthority free observations against trademark applications that do not relate to«relative» grounds for refusal of the legal protection of the designation.2) increase the fee for filing an objection to a trademark application or internationaltrademark registration to reduce the number of filing of unscrupulous objections,the purpose of which is to increase the term of registration of the applicant'strademark.3) extension of the terms of payment of the state fee for issuing a certificate ofUkraine for a trademark and the fee for the publication of the issuance of a certificatefor up to five months for those applications for trademarks against whichthird parties have filed objections.

Ch.5 Content, third party rights and conditions, s.2: Third party rights, Introduction to Section 5.2 of the PICC

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Basic Rule ◽  
Conflict Of Interests ◽  
The Third ◽  
The Creation ◽  
The Third Party ◽  
Triangular Relationship ◽  
The Right ◽  
Default Rules

Section 5.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with contracts in favour of third parties. It covers the creation of a third party right by way of contract and includes the basic rule that provides for the validity and enforceability of contracts in favour of third parties and states the requirements for bringing a third party right into existence. It also defines the rights and duties of the parties in the triangular relationship arising from a contract in favour of a third party. These provisions provide default rules for the conflict of interests typically arising between the three parties involved. Section 5.2 also discusses the defences of the promisor, the extent of the original parties' power to modify or revoke the third party's right, and the right of the third party to renounce the benefit conferred upon it.

On Absolute Legal Force of Obligations

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Sergey Kasatkin
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Judicial Practice ◽  
Legislative Changes ◽  
State Registration ◽  
The Right ◽  
Subjective Rights ◽  
Legal Consequences ◽  
Legal Force

The article considers the recent legislative changes that allow the extension of the notion of an obligation as a relative relationship. Based on judicial practice and the positions of well-known jurists, the author comes to the conclusion that an obligation does not only connect the debtor with the creditor, but also generates passive duty for all the subjects of law to refrain from creating obstacles to the creditor in the exercise of its subjective rights. Meanwhile a creditor has the right to protect subjective rights from violations not only on the part of the debtor but also on the part of any third party. However, in a number of statutory cases, the creditor may be denied the opportunity to refer to the obligation in relations with third parties. Such legal consequences occur, in particular, in case of non-fulfillment of legislative requirements on the necessity of state registration of the contract, and in case of violation of the rules of the notification on the pledge of movables. The author proposes to refer to legal significance of relative relationship for third parties as an absolute legal force of obligations.

scholarly journals Prawo właściwe dla skutków przelewu wierzytelności w stosunku do osób trzecich. Uwagi z perspektywy międzynarodowego prawa upadłościowego

2019 ◽  
Vol 24 ◽  
pp. 47-75
Author(s):  
Wojciech Klyta
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Insolvency Law ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
The Third ◽  
The Right ◽  
Insolvency Proceedings ◽  
Rome I ◽  
Foreseeable Risk

The claims are rights in personam but the assignment of claims has a hybrid nature. Abolishing the “nomina ossibus inhaerent” rule has increased commercial significance of the assignment of claims. However, the contemporary legal situationleaves parties with great legal uncertainty, as to the question under which circumstances does the cross — borders assignment is valid. A recent judgment of the CJEU of 9 October 2019 (C — 548/18) in case BGL BNP Paribas SA v. TeamBank AG Nürnberg has augmented this uncertainty. The Luxemburg Court ruled that: “Article 14 of the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 (‘Rome I’) must be interpreted as not designating, directly or by analogy, the applicable law concerning the third-party effects of the assignment of a claim in the event of multiple assignments of the claim by the same creditor to successive assignees”. In this situation, one would highly welcome an attempt to establish a new set of conflict of laws rules relating to the law applicable to third — parties effects of the assignment of claims. This attempt has recently been made by the European Commission in its Report “on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over the right of another person”, dated 29 September 2016. In the present article, the author reviews the most important propositions formulated in the conflicts’ doctrine through the “lens” of the international insolvency law. Multiply provisions of the Regulation (EU) 2015/848 of 20 May 2015 on insolvency proceedings (recast) — despite many judgments of the CJEU in this area — also lack certainty. Insolvency is a foreseeable risk, but without clear rules concerning the third parties’ effects of the assignment of claims, it may become unenforceable for the creditors of the assignor.

scholarly journals Changing the past: retroactive choice of law and the protection of third parties in the European regulations on patrimonial consequences of marriages and registered partnerships = Cambiando el pasado: elección retroactiva de la ley aplicable y protección de terceras partes en los reglamentos europeos sobre los efectos patrimoniales de los matrimonios y de las uniones registradas.

2018 ◽  
Vol 10 (1) ◽  
pp. 7
Author(s):  
Lukas Rademacher
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Choice Of Law ◽  
Applicable Law ◽  
The Past ◽  
Retroactive Effect ◽  
European Regulations ◽  
Legal Position ◽  
The Right ◽  
Property Regime

Abstract: Two forthcoming EU Regulations are going to address, inter alia, the law applicable to the patrimonial consequences of marriages and registered partnerships. Under the Regulations, spouses and partners will not only be able to choose the applicable law but they are also granted the right to give their choice of law retroactive effect. Although the patrimonial consequences of marriages and partnerships are of relevance primarily to the spouses and registered partners, they may also directly affect the legal position of third parties. The aim of this paper is to identify and analyze the risks for third parties inherent in a retroactive change of the applicable law and the measures implemented in the Regulations to safeguard third party interests.Keywords: matrimonial property regime, partnership property regime, applicable law, choice of law, retroactivity, third parties.Resumen: Dos Reglamentos europeos regirán, entre otras cosas, la ley aplicable a los efectos patrimoniales de los matrimonios y de las uniones registradas. Según los Reglamentos, los cónyuges y los miembros de la unión además de poder elegir la ley aplicable tienen la posibilidad de dotar esta elección de efecto retroactivo. Aunque los efectos patrimoniales de los matrimonios y de las uniones registradas tienen relevancia ante todo para los cónyuges y los miembros de la unión registrada, pueden afectar directamente a la posición jurídica de terceras partes. El objetivo de este artículo es identificar y analizar los riesgos para terceros inherentes a un cambio retroactivo de la ley aplicable y las medidas implementadas en los Reglamentos para salvaguardar los intereses de terceras partes.Palabras clave: régimen económico matrimonial, efectos patrimoniales de las uniones registradas, ley aplicable, elección de la ley aplicable, retroactividad, terceras partes.

scholarly journals Subrogation in the Rear-View: Evaluating Alberta's Current Approach to Automobile Liability Insurance for Impaired Drivers

2014 ◽  
Vol 51 (3) ◽  
pp. 601
Author(s):  
Kendal Gummer
Keyword(s):  
Public Policy ◽  
Current System ◽  
Current Approach ◽  
Third Parties ◽  
Third Party ◽  
Liability Insurance ◽  
Previous Approach ◽  
The Public ◽  
Policy Objectives ◽  
The Right

In Alberta, automobile insurers are required to indemnify an insured up to policy limits for injury or property damage to third parties for which the insured is liable. Prior to 1 June 1982, insurers could demand reimbursement for third party liability payments if the insured driver caused loss while under the influence of drugs or alcohol. However, the Insurance Amendment Act removed the right of insurers to recover these sums. This article evaluates this amendment by considering its impact on the public policy objectives ordinarily associated with subrogation, and argues that, compared to the previous approach, Alberta’s current system of third party liability coverage better serves the objectives of subrogation.

Cláusulas de franquicia o deducible en seguros de responsabilidad civil en el Derecho español: Naturaleza y efectos respecto de terceros perjudicados

2018 ◽  
pp. 101
Author(s):  
Rafael Lara González
Keyword(s):  
Civil Liability ◽  
Third Parties ◽  
Insurance Contract ◽  
Third Party ◽  
Liability Insurance ◽  
Legal Doctrine ◽  
Insurance Contracts ◽  
Spanish Law ◽  
Palabras Clave ◽  
Legal Nature

ResumenPese a su ubicuidad en la práctica contractual, las cláusulas de franquicia han recibido tratamiento incidental en la doctrina. La discusión sobre ellas se ha enfocado en los contratos de seguros de responsabilidad civil, y en la interpretación del artículo 76 de la Ley española de Contrato de Seguro. En este contexto se ha tratado de establecer si el asegurador puede o no oponer la cláusula de franquicia al tercero perjudicado. El presente trabajo analiza la cláusula de franquicia en la obligación principal del asegurador, su naturaleza jurídica, y examina su relación con los terceros perjudicados. La consideración principal a este respecto estará en si nos encontramos ante un seguro obligatorio o ante un seguro voluntario de responsabilidad civil. Palabras clave: Contrato de seguro; Cláusula de franquicia; Terceroperjudicado; Responsabilidad civil.AbstractDespite their ubiquity in contractual praxis, deductible clauses have received only incidental treatment in legal doctrine. Discussion on them has focused on civil liability insurance contracts, and the interpretation of article 76 of the Spanish Law of Insurance Contracts. In this context it has been attempted to establish whether the insurer can invoke the clause to oppose the injured third party's claim. This article examines the deductible clause included in the insurer's main obligation, its legal nature, and its relation to injured third parties. The main consideration in this regard will be whether the insurance contract is of a mandatory or voluntary nature.Keywords: Insurance contract; Deductible clause; Injured third party; Civil liability.

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