scholarly journals The Enforcement of Environmental Damages Judgement as a Basis for Piercing the Corporate Veil within a Corporate Group

2021 ◽  
Vol 28 ◽  
pp. 197-234
Author(s):  
Tomasz Tomczak
Keyword(s):  
Present Article ◽  
Corporate Group ◽  
High Profile ◽  
Environmental Damages ◽  
Piercing The Corporate Veil ◽  
The Veil

The present article, on the basis of the high-profile Chevron case, rethinks the principle of corporate veil within a corporate group. It tries to convince the reader that a plaintiff holding an environmental damages judgement should be able to enforce it against any company in the corporate group of defendant regardless of the fact that such company was not a defendant in the underlying action (the new test). To attain this goal, firstly, the basic notions as an “environmental damages judgement,” a “corporate group,” and “the corporate veil” are explained. The article then elaborates on the importance of the corporate veil principle. Furthermore, it describes what would currently constitute a potential ground for piercing of the corporate veil in Canada. Later on, it provides a three-level justification for why the veil, in the described circumstances, should be pierced. Finally, the new test regarding piercing the corporate veil is proposed.

scholarly journals Penerapan Asas Piercing The Corporate Veil: Perspektif Tanggung Jawab Direksi Perseroan Terbatas

2018 ◽  
Vol 1 (1) ◽  
pp. 45
Author(s):  
Putri Sari Harahap ◽  
Tumanggor Tumanggor
Keyword(s):  
Board Of Directors ◽  
Common Law ◽  
Descriptive Analysis ◽  
Secondary Data ◽  
Good Faith ◽  
Fiduciary Duty ◽  
Legal Research ◽  
The Board Of Directors ◽  
Piercing The Corporate Veil ◽  
The Veil

<p>Piercing The Corporate Veil principle is a common law doctrine that teaches about the veil special breakout company (corporate veil) covering the Board of Directors and other organs in running the company does not fit or have violated the principle of fiduciary duty (good faith) to the intent and purpose of the company.This type of research in this thesis is a normative legal research means tend to use secondary data in the form of primary legal materials, secondary law and tertiary  legal materials. To collect the data in this research is a stud y done by the descriptive analysis. The resulted in losses for both the company and third parties, First Defendant's actions can be categorized  as a tort (onrechtmatige daad) under Article 1365 of the Civil Code. In the verdict the judge in his ruling has been applying the principle of piercing the corporate veil but does not necessarily resolve the matter of debts between the Compa- ny (Plaintiff) with rights holders of promissory notes "mayofield notes" or the Board of Directors (Defendant 1) with the holders of promissory notes " mayofield note.</p><p>Keywords: Piercing the corporate veil, directors fiduciary duty</p>

scholarly journals Prest v Petrodel Resources Limited: The Veil Finally Pierced?

2020 ◽  
pp. 15-26
Author(s):  
Mohammad El-Gendi
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Company Law ◽  
The European Union ◽  
The United Kingdom ◽  
Economic Climate ◽  
Piercing The Corporate Veil ◽  
The Veil ◽  
The Uk ◽  
The Eu

With the United Kingdom preparing to exit the European Union, the UK needs to create a clear case for why the UK should be the preferred place of business. Unclear, arbitrary and unprincipled laws and rulings may cause businesses to move to the EU post-Brexit. As such, it is necessary to reassess certain key case and areas of law in order to address their suitability for the new economic climate. The chosen area is company law, specifically piercing the corporate veil, which has someway yet to be ready to demonstrate the best case for UK business.

scholarly journals PERDAS DE GRÃOS EM TRANSPORTE PELAS BR’s 135 E 222 NO ESTADO DO MARANHÃO

2021 ◽  
Vol 7 (20) ◽  
pp. 202103
Author(s):  
Marcelino Silva Farias Filho ◽  
Juan Guilherme Costa Siqueira ◽  
Willane Da Silva Rodrigues ◽  
Aldenice Correa Duarte
Keyword(s):  
Present Article ◽  
Transportation Systems ◽  
The State ◽  
Wild Animals ◽  
Field Surveys ◽  
Environmental Damages ◽  
Poor Infrastructure ◽  
Grain Losses

GRAIN LOSSES IN TRANSPORT BY THE BR-135 AND BR-222 HIGHWAYS IN THE STATE OF MARANHÃOPÉRDIDAS DE GRANOS EN EL TRANSPORTE POR LAS BR-135 Y BR-222 EN EL ESTADO DE MARANHÃORESUMOO transporte da soja e de outros grãos é realizado no Brasil, predominantemente, em caminhões por estradas com infraestrutura precária, o que conduz a perdas significativas de parte da produção. O presente artigo analisa o desperdício de grãos, especialmente os de soja, pelas rodovias BR-135 (trecho entre São Luís até o entroncamento com a BR-222 em Itapecuru Mirim) e BR-222 (trecho Entroncamento até município de Anapurus) no Estado do Maranhão. Para desenvolvimento deste artigo foi realizada pesquisa bibliográfica e levantamentos de campo para identificação dos fatores que influenciam o desperdício nestas rodovias. Ao longo da pesquisa, identificou-se que as condições de infraestrutura para o escoamento das commodities não acompanhou o desenvolvimento do agronegócio no Estado. O excesso de carga, aliado às irregularidades asfálticas, assim como as más condições do modal utilizado, constituem os principais motivos para o desperdício de grãos e, muitas vezes, resultam em acidentes envolvendo animais domésticos e silvestres que são atraídos pelos grãos caídos às margens das rodovias. Os dados e as informações obtidos reforçam a necessidade do aperfeiçoamento dos sistemas de transportes e recuperação das rodovias para que os desperdícios de grãos sejam minimizados e vários danos socioambientais sejam evitados.Palavras-chave: Transporte de Soja; Desperdício de Grãos; Estado do Maranhão.ABSTRACTTransport of soybeans and other grains is carried out in Brazil, predominantly in trucks on roads with poor infrastructure, which leads to significant losses of part of the production. The present article analyzes the wastage of grains, especially soybean, by the BR-135 highways (stretch between São Luís to the junction with BR-222 in Itapecuru-Mirim) and BR-222 (Entroncamento stretch to Anapurus municipality) of Maranhão state. For the development of this article was carried out bibliographical research and field surveys to identify the factors that influence the waste in these highways. Throughout the research, it was identified that the infrastructure conditions for the flow of commodities did not accompany the development of agribusiness in the State. Excess cargo combined with asphaltic irregularities as well as the bad conditions of the modal used are the main reasons for grain wastage and often result in accidents involving domestic and wild animals that are attracted by the grains deposited along the roadsides. The data and information obtained reinforce the need to improve transportation systems and road rehabilitation so that grain wastes are minimized and several socio-environmental damages are avoided.Keywords: Soy Transportation; Grain Waste; State of Maranhão.RESUMENLa soja y otros granos se transportan en Brasil, principalmente en camiones por carreteras con poca infraestructura, lo que conduce a pérdidas significativas en parte de la producción. Este documento analiza el desperdicio de granos, especialmente soja, por la BR-135 (tramo entre São Luís hasta la unión con la BR-222 en Itapecuru Mirim) y la BR-222 (Entroncamento al municipio de Anapurus) en el Estado de Maranhão. Para el desarrollo de este artículo, se llevaron a cabo investigaciones bibliográficas y encuestas de campo para identificar los factores que influyen en los desechos en estas carreteras. A lo largo de la investigación, se identificó que las condiciones de infraestructura para el flujo de productos no acompañaron el desarrollo de los agronegocios en el Estado. La sobrecarga, junto con las irregularidades del asfalto, así como las malas condiciones del modo utilizado, son las principales razones del desperdicio de granos y a menudo resultan en accidentes que involucran animales domésticos y salvajes que son atraídos por los granos caídos en los bordes de las carreteras. Los datos y la información obtenidos refuerzan la necesidad de mejorar los sistemas de transporte y la recuperación de carreteras para que se minimice el desperdicio de granos y se eviten diversos daños sociales y ambientales.Palabras clave: Transporte de Soja; Residuos de Cereales; Estado de Maranhão.

scholarly journals DIKTYS OF CRETE

2012 ◽  
Vol 58 ◽  
pp. 58-87 ◽  
Author(s):  
Peter Gainsford
Keyword(s):  
Present Article ◽  
Comprehensive List ◽  
Trojan War ◽  
High Profile ◽  
General Overview ◽  
Recent Scholarship ◽  
Modern Thought

‘Diktys of Crete’ is a fictionalised prose account of the Trojan War. It does not enjoy a high profile in modern thought, but looms large in Byzantine and mediaeval histories of the Troy matter. Although the ‘Latin Dictys’ has enjoyed a moderate revival in recent scholarship, the Byzantine testimony to Diktys is still badly neglected. The present article focuses on: (1) a general overview of the Greek Diktys, including up-to-date information on dating; (2) a comprehensive list of witnesses to Diktys (the first list of its kind for over a century, and the first ever in English); (3) some problems relating to Book 6 of the ‘Latin Dictys’; and (4) an overview of theSisyphosfrage, that is, the question of the role of ‘Sisyphos of Kos’ in the transmission of the Greek Diktys.

scholarly journals PIERCING THE VEIL – A DODO OF A DOCTRINE?

2013 ◽  
Vol 25 (1) ◽  
pp. 241-254
Author(s):  
Alistair Alcock
Keyword(s):  
Supreme Court ◽  
Begging The Question ◽  
The Supreme Court ◽  
Piercing The Corporate Veil ◽  
English Law ◽  
The Veil ◽  
Do So

In the course of the 2012/13 legal year, the Supreme Court has had to consider the doctrine of piercing the corporate veil twice, in VTB Capital plc v Nutritek International Corpn (VTB),  and more recently in Prest v Petrodel Resources Ltd (Prest). On both occasions, the Court was in effect asked to remove the whole doctrine from English Law, but narrowly failed to do so, begging the question, does the doctrine really serve any purpose now? Let me start with Prest. 

Eyewitness Narrativesand the Creation of the Beurette

2016 ◽  
pp. 121-161
Author(s):  
Kathryn A. Kleppinger
Keyword(s):  
Visual Media ◽  
North African ◽  
High Profile ◽  
The North ◽  
Beur Literature ◽  
History Of ◽  
African Community ◽  
The Veil ◽  
The Impact ◽  
Significant Attention

Through the context of the rise of fears of Islamism after several high-profile terrorist attacks in France, this chapter considers the impact of discourses of violence against women in the North African community. After a brief history of the ‘veil affairs’ in France (1989-2003), the chapter focuses on two authors who received significant attention in the audio-visual media: Soraya Nini for her 1993 novel Ils disent que je suis une beurette and Samira Bellil for her 2002 memoir Dans l’enfer des tournantes. These texts, although different in literary genre and scope and published nearly a decade apart, were discussed in parallel terms: as voices of emancipated young women who support French institutions and call for more involvement and protection from state authorities against supposedly violent and barbaric young men. Through these conversations a new iteration of ‘beur literature’ was born, that of the ‘beurette’ (young woman) struggling to declare her independence and freedom from oppressive familial customs.

3. Lifting the veil

2016 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Limited Liability ◽  
Parent Company ◽  
Personal Injury ◽  
Costs And Benefits ◽  
Corporate Group ◽  
The Core ◽  
The Subject ◽  
The Veil ◽  
Group Structures ◽  
Corporate Personality

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses ‘lifting the veil’, a phrase that refers to situations where the judiciary or the legislature have decided that the separation of corporate personality from the members must not be maintained. In this case, the veil of incorporation is said to be lifted. ‘Lifting’ is also known as ‘peeping’, ‘penetrating’, ‘piercing’, or ‘parting’. The chapter presents statutory examples of veil lifting, many of which involve corporate group structures and others involve straightforward shareholder limitation of liability issues. It also considers cases of veil lifting by the courts as well as classical veil lifting during the periods of 1897 to 1966, 1966 to 1989, and 1989 to the present. Three cases are highlighted: Creasey v Breachwood Motors Ltd (1993), Ord v Belhaven Pubs Ltd (1998), and Trustor AB v Smallbone (No 2) (2001). The chapter also examines claims of tortious liability, the liability of a parent company for personal injury, and commercial tort. Finally, it looks at the costs and benefits of limited liability.

Seven Hellenes and One Christian in the Endless Peace Treaty of 532

2017 ◽  
Vol 1 (4) ◽  
pp. 359-380
Author(s):  
Ekaterina Nechaeva
Keyword(s):  
Roman Empire ◽  
Present Article ◽  
Religious Beliefs ◽  
Peace Treaty ◽  
Population Transfer ◽  
Peace Agreement ◽  
High Profile ◽  
The Status ◽  
Displaced People ◽  
First Time

The so-called Endless Peace treaty, signed between Rome and Persia in 532, contained several provisions that regulated issues of population transfer. According to the famous evidence of Agathias of Myrina, in the treaty there was also a clause guaranteeing safety from persecution and the tolerance of religious beliefs in the territory of the Roman Empire for the seven Neoplatonic philosophers returning from their Persian emigration. The present article proposes a re-evaluation of the clause mentioned by Agathias by extracting parallel information from an East-Syriac hagiographical source: an anonymous account of martyrdom of the high-profile Persian Christian convert Mar Grigor. The study deconstructs Agathias' evidence regarding the circumstances of the philosophers' emigration and return, and examines the available set of “conventional” sources on how the Endless Peace treaty regulated the status of different categories of displaced people. The investigation proceeds with an analysis of the Martyrdom of Mar Grigor, arguing for the importance of the East-Syriac hagiographical account for a comprehensive reconstruction of the conditions of the Endless Peace agreement. Assessing information provided by the Martyrdom of Mar Grigor and other available data, the author reveals the high relevance of the East-Syriac evidence for the discussion of the so-called clause of protection. The scope of the article is to demonstrate, for the first time in historiography, that the clause, included in the treaty to protect the seven Hellenic philosophers upon their return to the Christian Roman Empire, was not unilateral. It is suggested that the same diplomatic agreement contained a similar promise of safe conduct for the Christian Persian general, Pīrān-Gušnasp / Mar Grigor, coming back from Roman captivity to Zoroastrian Persia.

Risky Business: Enterprise Liability, Corporate Groups and Torts

2017 ◽  
Vol 8 (1) ◽  
pp. 54-77
Author(s):  
Glen Wright
Keyword(s):  
Common Law ◽  
Limited Liability ◽  
Corporate Law ◽  
Business Enterprise ◽  
Corporate Groups ◽  
Corporate Group ◽  
High Profile ◽  
Modern Era ◽  
Risky Business ◽  
Corporate Personality

AbstractCorporate personality and limited liability have been the foundations of corporate law for most of its modern history. While these concepts greatly contributed to the early development of corporations, their application in the modern era is outmoded. Nowhere is this clearer than in ‘risky business’ scenarios, where a subsidiary is constituted for the purpose of shielding the corporate group as a whole from tortious liability arising from risky or dangerous activities. Tort victims generally must rely on ineffective and inconsistent common law and tort law doctrines in order to seek redress for torts committed against them, and a number of high profile cases have highlighted the flaws in such approaches. Many corporate law and tort scholars have commented on these flaws and a literature has developed proposing rational alternatives. This paper presents the case for adopting ‘enterprise liability’ in risky business situations, that is, treating the companies within a corporate group as one unified enterprise for the purposes of compensating tort victims.

Margaret Clitherow

2022 ◽  
Keyword(s):  
Present Article ◽  
Final Section ◽  
Formal Process ◽  
England And Wales ◽  
High Profile ◽  
Counter Reformation ◽  
The Family ◽  
Spiritual Director ◽  
Family Home ◽  
Provincial Politics

In the life of Margaret Clitherow (b. 1552/3–d. 1586), international Counter-Reformation piety met English national and provincial politics and led to the creation of a Catholic martyr. She was born Margaret Middleton in predominantly Protestant York and in 1571 married a widowed butcher and father of two, John Clitherow. By the end of 1574 she had given him at least two more children but had also embraced Catholicism, refusing to attend prescribed Protestant services. This recusancy resulted in three prison terms, each of six months or more, in 1577–1578, 1580–1581, and 1583–1584. She was particularly inspired by the heroism of missionary priests from the English seminaries in Continental Europe and made a point of sheltering them at the family home in York’s Shambles. One such was John Mush, who returned from Rome to England in 1583 and became her spiritual director from c. 1584. The 1585 Act against Jesuits and seminary priests made it a capital felony to harbor such clerics: the sentence could be death. On 10 March 1586 the Clitherows’ house was searched, evidence of Catholic worship was found and Margaret arrested. Her trial followed four days later, though it was for her refusal to enter a plea that she was sentenced to death peine forte et dure, being crushed to death. Her stepfather was then serving as York’s lord mayor, so it was a high-profile case in a close-knit community. Every effort was made to prevent the law taking its course, but Margaret would not be dissuaded from the path of martyrdom. The sentence was executed on 25 March, crushed to death under a door loaded with weights. Mush was among those who buried her body; he then wrote a life of the martyr. That Life is integral to all subsequent developments: popular Catholic devotion to the “Pearl of York,” her inclusion among the lives of the martyred priests, the opening of a formal process in 1874, beatification by Pius XI in 1929, and canonization—as one of the Forty Martyrs of England and Wales—by Paul VI in 1970. Apart from the pious and the scholarly, there are few obvious divisions within the literature on Margaret Clitherow: Reference Works and an Overview derive from John Mush’s Life. Other Lives either parallel Mush or follow in his wake, though there are many other sources for wider studies of Recusancy in Yorkshire. For the martyr’s Trial and Death one must rely on Mush and his sources. His failure to locate the place of her burial has had diverse consequences, as conveyed in the final section of the present article, Burial and Legacy.

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