scholarly journals Practical Aspects Regarding the Dissolution of a Company by Declaring the Company Null and Void

2020 ◽  
Vol 14 (1) ◽  
pp. 1211-1216
Author(s):  
Andreea Stoican
Keyword(s):  
Traditional Approach ◽  
Third Parties ◽  
Point Of View ◽  
Legal Requirements ◽  
Current Form ◽  
Practical Point ◽  
Initial Form ◽  
The Law ◽  
A Company

AbstractLaw no. 31/1990 on companies, in its initial form, developed a more traditional approach of the consequences of the non-compliance with the legal requirements for the establishment of a company. Though, in the mentioned version, the interest of protecting third parties prevailed, with the exclusion of the drastic sanction of nullity. However, the legislator, in time, reached the conclusion that a more modern approached needed to be taken into consideration, which should reach a balance between the need to protect the interests of third parties and the imperative to comply with the law with reference to the conditions that must be met to establish a company. Even so, in this current form of the regulation, a concern still remains, respectively that of trying to save the company, to bring it to fulfill the conditions of legality and, through this, to protect third parties also. But in some cases it is necessary for the company to cease to exist by declaring its nullity. Therefore, the current study aims in presenting and analyzing, from a more practical point of view, the occurrence of the nullity of a company and the consequences of such a measure both for the company itself and also for its partners.

scholarly journals Economic Efficiency in Economic Analysis of Law

2017 ◽  
Vol 3 (15) ◽  
Author(s):  
Tomasz Famulski
Keyword(s):  
Economic Efficiency ◽  
Critical Analysis ◽  
Point Of View ◽  
The Other ◽  
Legal Regulations ◽  
Economic Analysis Of Law ◽  
Practical Point ◽  
A Value ◽  
The Law ◽  
Fundamental Value

The aim of the article is to identify the category of economic efficiency on the grounds of L&E. According to the primary thesis of L&E economic efficiency is a fundamental legal value. The study discusses said thesis. On one hand, the controversy surrounding the thesis stem from lack of its unequivocal understanding. On the other, law has been functioning for centuries, while the question of its economic efficiency has only been raised for a few decades. Fundamental value, which has always been associated with law, is justice. It follows that the issue of various approaches to the relation between economic efficiency and justice in L&E is considered. Critical analysis of the literature allows to formulate arguments for and against each of these values in enacting and enforcing the law. Significant differences in various approaches to this matter are identified. Simultaneously, the assumption that efficiency is a value realized in the law beside justice is considered to be correct. The issue raised is important from the practical point of view. A theoretical consensus would support formulating a model, which would allow assessment of legal regulations based on criteria of economic efficiency and justice.

Raising the Age of Criminal Responsibility in Israel

1981 ◽  
Vol 16 (2) ◽  
pp. 225-249 ◽  
Author(s):  
Yael Hassin
Keyword(s):  
Criminal Responsibility ◽  
Youth Care ◽  
Point Of View ◽  
Practical Point ◽  
Delinquent Behaviour ◽  
Penal Law ◽  
The Law ◽  
To Receive

On June 28, 1978, the Israeli Knesset passed a Law which changed the age of criminal responsibility of juveniles, raising the threshold from 9 years of age to 13 years of age. This Law, known as the Penal Law (Amendment no. 3) 1978, is popularly called the “Yitzhaki Law”, after MK Yitzhak Yitzhaki (Likud) who initiated the Law.From a practical point of view, the Amendment means that police interrogators may not interrogate minors under the age of 13, nor may they open criminal files on such minors or prosecute them. When and if the police are confronted with juveniles suspected of delinquent behaviour the police may take their testimony, and may refer them to the welfare officers, who, operating by virtue of the Youth (Care and Supervision) Law, 1960, are authorized to decide whether the minor requires care, and if so, the kind of care he is to receive.

scholarly journals GOING CONCERN. THE AUDITOR’S LIABILITY TOWARDS THE LAWFULNESS APPEARANCE

2010 ◽  
Vol 1 (2) ◽  
pp. 278
Author(s):  
Miruna Lucia Nachescu ◽  
Anca Cristina Mataragiu
Keyword(s):  
Financial Statements ◽  
Professional Role ◽  
Point Of View ◽  
Financial Systems ◽  
Going Concern ◽  
Economic Practices ◽  
The Law ◽  
A Company ◽  
Cover Up

The increasing appetite for risk developed by companies as well as their investors lead to economic practices which from the auditor’s point of view should have raised questions in regard to the company’s ability to maintain as a going concern. There was also the lack of appropriate legislation which in the end allowed for a cover up of major exposures to risk and in the end for a trust put in fragile financial systems. Evaluating a company as a going concern the auditor shall have to perform not only rigorous valuations of the company’s exposure to risks but also make sure he adapts its audit procedures to the assessed risks. Appearances are not to be trusted when it comes to an audit of financial statements, as in the end besides the obvious professional role it has, the auditor should also play the role of a fortune-teller or else be prepared to face the law for his negligence.

scholarly journals How to Make Sure My Cryptokitties Are Here Forever? The Complementary Roles of Blockchain and the Law to Bring Trust

2019 ◽  
Vol 10 (2) ◽  
pp. 315-329
Author(s):  
Charlotte DUCUING
Keyword(s):  
Real Life ◽  
Third Parties ◽  
Point Of View ◽  
Blockchain Technology ◽  
Complementary Role ◽  
The Law ◽  
Certification Mark ◽  
The Eu

Under the phrase “code is law” and based on its “trustless trust”, blockchain has emerged as a disrupting technology considered by some as an alternative to the law. Based on a study of real-life blockchain-based decentralised applications (Dapps), this article takes blockchain developers at their word and adopts the point of view of users: can blockchain live up to its promise and enable them to transact with each other without the need for the trust granted by the law? The article particularly highlights that users need to be able to ascertain that a self-advertised Dapp indeed qualifies as one. Blockchain technology may make it possible to do away with trust in third parties, but this is not enough. Users also need to trust that an alleged Dapp genuinely is one, and blockchain alone cannot provide this. Beyond Dapps, it is argued that blockchain needs the complementary role of the law to deliver its promises and especially to authenticate blockchain “virtues”. The EU certification mark is identified as a promising form of co-regulation for that purpose.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Tertiary Nitrification Pilot Plants on Parisian Waste Water

1990 ◽  
Vol 22 (1-2) ◽  
pp. 347-352 ◽  
Author(s):  
C. Paffoni ◽  
B. Védry ◽  
M. Gousailles
Keyword(s):  
Waste Water ◽  
Metropolitan Area ◽  
Fixed Bed ◽  
Point Of View ◽  
Operating Conditions ◽  
Research Center ◽  
Daily Output ◽  
Practical Point ◽  
Fixed Bed Reactors

The Paris Metropolitan area, which contains over eight million inhabitants, has a daily output of about 3 M cu.meters of wastewater, the purification of which is achieved by SIAAP (Paris Metropolitan Area Sewage Service) in both Achères and Valenton plants. The carbon pollution is eliminated from over 2 M cu.m/day at Achères. In order to improve the quality of output water, its tertiary nitrification in fixed-bed reactors has been contemplated. The BIOFOR (Degremont) and BIOCARBONE (OTV) processes could be tested in semi-industrial pilot reactors at the CRITER research center of SIAAP. At a reference temperature of 13°C, the removed load is approximately 0.5 kg N NH4/m3.day. From a practical point of view, it may be asserted that in such operating conditions as should be at the Achères plant, one cubic meter of filter can handle the tertiary nitification of one cubic meter of purified water per hour at an effluent temperature of 13°C.

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.

Contracts for the Benefit of Third Parties in Japan

2018 ◽  
Author(s):  
Masami Okino
Keyword(s):  
Case Analysis ◽  
Case Law ◽  
Contract Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
German Model ◽  
Recent Debate ◽  
The Law

This chapter discusses the law on third party beneficiaries in Japan; mostly characterized by adherence to the German model that still bears an imprint on Japanese contract law. Thus, there is neither a doctrine of consideration nor any other justification for a general doctrine of privity, and contracts for the benefit of third parties are generally enforceable as a matter of course. Whether an enforceable right on the part of a third party is created is simply a matter of interpretation of the contract which is always made on a case-by-case analysis but there are a number of typical scenarios where the courts normally find the existence (or non-existence) of a contract for the benefit of a third party. In the recent debate on reform of Japanese contract law, wide-ranging suggestions were made for revision of the provisions on contracts for the benefit of third parties in the Japanese Civil Code. However, it turned out that reform in this area was confined to a very limited codification of established case law.

scholarly journals Street triage services in England: service models, national provision and the opinions of police

2018 ◽  
Vol 42 (6) ◽  
pp. 253-257 ◽  
Author(s):  
Abirami Kirubarajan ◽  
Stephen Puntis ◽  
Devon Perfect ◽  
Marc Tarbit ◽  
Mary Buckman ◽  
...  
Keyword(s):  
Mental Health ◽  
National Survey ◽  
Police Officers ◽  
Traditional Approach ◽  
Clinical Implications ◽  
Modes Of Operation ◽  
Specialist Services ◽  
Service Models ◽  
The Law ◽  
Core Part

Aims and methodStreet triage services are increasingly common and part of standard responses to mental health crises in the community, but little is understood about them. We conducted a national survey of mental health trusts to gather detailed information regarding street triage services alongside a survey of Thames Valley police officers to ascertain their views and experiences.ResultsTriage services are available in most areas of the country and are growing in scope. There is wide variation in levels of funding and modes of operation, including hours covered. Police officers from our survey overwhelmingly support such services and would like to see them expanded.Clinical implicationsMental health crises now form a core part of policing and there are compelling reasons for the support of specialist services. Recent changes to the law have heightened this need, with a requirement for specialist input before a Section 136 is enacted. Those who have experienced triage services report it as less stigmatising and traumatic than a traditional approach, but there remains little evidence on which to base decisions.Declaration of interestNone.

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