scholarly journals LAW APPLICABLE FOR THE REPRESENTATIONTO EXERCISE THE CORPORATE RIGHTS OF SHAREHOLDERSIN POLISH COMPANIES

2017 ◽  
Vol 28 (1) ◽  
pp. 129-160
Author(s):  
Krzysztof Tapek
Keyword(s):  
Limited Liability ◽  
Private Law ◽  
European Law ◽  
Legal Regime ◽  
Public Companies ◽  
Corporate Rights ◽  
Cross Border ◽  
International Private Law ◽  
Polish Law

Shareholders of Polish companies dispose of various rights – property as well as corporate. Majority of corporate rights can be exercised by a representative. Representation, in this regard includes two categories: proxy and statutory rep-resentation. Regulations concerning representation vary, depending on kind of company in which they are used (limited liability companies, joint – stock com-panies or public companies, whose regulation is influenced by European law). In current study representation to exercise corporate rights of shareholders will be examined on the meta-law level. Provisions of international private law shall be observed to determine that which country’s legal regime shall be applied to interpret the institution of representation in cross-border situations. Additionally, it is necessary to distinguish the scopes of laws applicable for different issues connected with representation. The dissertation is aimed to address all abovementioned questions with the reference to European and Polish law.

scholarly journals PRIVATE INTERNATIONAL LAW IN THE DEVELOPMENT OF INFORMATION AND COMMUNICATION TECHNOLOGIES

2019 ◽  
pp. 169-182
Author(s):  
M. V. MAZHORINA ◽  
L. V. TERENTYEVA ◽  
B. A. SHAKHNAZAROV
Keyword(s):  
International Law ◽  
Information And Communication Technologies ◽  
General Principle ◽  
Communication Technologies ◽  
Private Law ◽  
Private International Law ◽  
Cross Border ◽  
Sovereign Equality ◽  
International Private Law ◽  
Information And Communication

The process of globalization, the development of information and communication technologies, networking are changing society dramatically and, as a result, its superstructure — law. International private law, by virtue of its own subject matter and special methodology, is at the forefront of the corresponding changes. The paper examines the problems of defining the concept of territorial sovereignty in the non-territorial information space that are of serious importance in relation to private international law. Its principles are the general principle of the sovereign equality of states, acting as a general principle for private international law, and a special principle of the sovereign equality of national law of states. The problem of the realization of the territorial nature of the conflict of attachment formulas and the grounds of international jurisdiction in relation to a certain segment of the extra-territorial information space is posed. The issue of conditionality of the adaptation of the principles and methodology of legal regulation of public relations in the conditions of digital technologies by the need to understand the conditions and boundaries of the implementation of sovereignty, the jurisdiction of the state in the information and communication space is investigated. The processes comprehended within the framework of the science of international private law are to some extent relevant for other branches of law. This paper analyzes such indicators of current changes in the legal paradigm as the impact of information and telecommunication technologies on the development of private international law, the place and increasing importance of non-state regulation in the process of streamlining cross-border private law relations, and the development of non-state systems for resolving cross-border disputes. The authors touch upon the problems of the use of blockchain technologies and the protection of intellectual property in cross-border private law relations; private adhocracy rulemaking, the formation of various social phenomena in the key lex mercatoria, the influence of international commercial arbitration, online platforms on the formation of current trends in the field of resolution of crossborder disputes, etc.

scholarly journals LEGAL REGULATION OF CROSS-BORDER BANKRUPTCY OF LEGAL ENTITIES

2021 ◽  
Vol 9 (10) ◽  
pp. 1345-1350
Author(s):  
Azamat Ergashev ◽  
Keyword(s):  
Rapid Development ◽  
Analytical Data ◽  
Legal Framework ◽  
Legal Regulation ◽  
Point Of View ◽  
Private Law ◽  
Theoretical Point ◽  
Cross Border ◽  
International Private Law ◽  
Legal Entities

The last decade has been marked by the rapid development of International private law within the framework of globalization and unification of norms. Therefore, in the international community, the issue of interethnic application and harmonization of rules and norms for individual emerging legal relations becomes acute. This article examines the issue of legal regulation of cross-border bankruptcy of legal entities. In particular, the author provides a number of statistics and analytical data from a number of countries (developed and developing) in order to substantiate the point of view on this issue.Moreover, the author examines foreign law enforcement practice and the legal framework on bankruptcy and insolvency of legal entities. Considering the bankruptcy procedure, the author comes to the conclusion that this issue has not been sufficiently studied both from a theoretical point of view and from a practical one. Within the framework of this study, sufficient arguments are made to accelerate the resolution of conflicts in International private law. As a result, the author gives some conclusions and suggestions applicable both in the Republic of Uzbekistan and in other states.

scholarly journals Digital Platforms and International Private Law, or Is There a Future for Cyber Law?

Lex Russica ◽  
2019 ◽  
pp. 107-120 ◽  
Author(s):  
M. V. Mazhorina
Keyword(s):  
Information And Communication Technologies ◽  
Private Law ◽  
Private International Law ◽  
Paradigm Shifts ◽  
Digital Platforms ◽  
Online Dispute Resolution ◽  
Cross Border ◽  
International Private Law ◽  
Cyber Law ◽  
Internet Law

Modern economy and society are reconfigured in connection with the emergence and development of digital platforms, which is figuratively referred to as “uberization of everything”. This became possible with the development of information and communication technologies and the formation of cyberspace. The key problem for lawyers is the construction of the legal superstructure of cyberspace, which leads to the emergence of a number of concepts: cyberlaw, “platform law”, internet law etc. However, while science is trying to comprehend the relevant paradigm shifts, a huge array of cross-border transactions are made by consumers with platformtype companies; cross-border disputes are resolved through online dispute resolution (ODR) procedures in international commercial arbitration or courts; law enforcement practice is being formed, which responds to the challenges of the cyber environment. It is the tools of private international law that are most in demand in regulating the relevant relations. What would be more viable in modern conditions: international private law or cyber law?

scholarly journals Transformation of the principles of international private law in the digital age

2021 ◽  
Vol 109 ◽  
pp. 01003
Author(s):  
Mariia Aleksandrina
Keyword(s):  
Public Relations ◽  
Digital Technologies ◽  
Private Law ◽  
Cross Border ◽  
Modern Development ◽  
International Private Law ◽  
Digital Development ◽  
Economic Transaction ◽  
Legal Understanding ◽  
Civil Contract

The article focuses on the problem of transformation of the content of the principles of international private law in the context of digital development of the state, society and economy. The implementation and transformation of the principles of international private law in relation to the main types of cross-border public relations related to digital technologies are studied. It is established that in the context of the development of digital technologies, the most obvious transformation of the principles can be traced precisely in the process of concluding and executing smart contracts. A smart contract does not fit into the traditional criteria for determining either a civil contract or a foreign economic transaction. There is no uniform legal understanding of this phenomenon. It is noted that the content of the norms regulating modern cross-border private law relations related to the use of digital technologies should be built (along with other industry categories) on the basis of the principles of international private law, which, in turn, are transformed in connection with the needs of modern development of digital technologies and correspond to them.

scholarly journals Limited liability company according to the new Act on commercial corporations

2013 ◽  
Vol 61 (7) ◽  
pp. 2685-2691
Author(s):  
Eva Daniela Růžičková
Keyword(s):  
Limited Liability ◽  
Complete Information ◽  
Civil Code ◽  
Private Law ◽  
Limited Liability Company ◽  
Legal Form ◽  
Current Form ◽  
Legal Norms ◽  
Commercial Code ◽  
International Private Law

Act No. 90/2012 Coll., on commercial corporations, is one of the legal norms which arose in connection to the re-codification of the Private law. Along with the new Civil Code and Act on International private law, it brings about fundamental changes in the field of the regulation of commercial companies. It is an act which partially replaced the current Act No. 513/1991 Coll., Commercial Code. Its content predominantly consists of the regulation of commercial companies and cooperatives, while other relations regarding commercial relations will be covered by the new Civil code. The Chamber of Deputies approved the bill on 16th December and the Act should take effect on 1st January 2014.Since the new legislative norm brings as well many changes in the field of regulations of the limited liability company, which is currently the most used company form, the purpose of this article is to provide complete information about prepared changes in this field, while focusing on risks related to these changes for the limited liability company. According to a hypothesis determined by Pearson chi-quadrate, it should prove to the readers whether or not the changes in the field of the limited liability company will have, as a consequence, the transformation of the legal form used by persons conducting business based on the Trade Act. Further, it will be researched whether these changes will have an impact on the current form for business conduct.

scholarly journals Siedziba rzeczywista spółki jako łącznik unijnego prawa prywatnego międzynarodowego

2021 ◽  
Vol 28 ◽  
pp. 109-129
Author(s):  
Arkadiusz Wowerka
Keyword(s):  
Point Of View ◽  
Private Law ◽  
The Real ◽  
Applicable Law ◽  
Cross Border ◽  
International Private Law ◽  
Real Seat ◽  
Contractual Obligations ◽  
Insolvency Proceedings ◽  
The Eu

The real seat is a recognised, although expressed in different terms, connecting factor of the EU international private law, relating to companies in they different legal relations. Under the regulations unifying particular areas of this law, relevant form the point of view of cross-border operations of companies, the real seat is the connecting factor determining the applicable law in the field of contractual and non-contractual obligations, and the company’s bankruptcy. Furthermore, it deretmines the jurusdiction for insolvency proceedings against the company, and i salso a jurisdictional connecting factor for general civil and commercial matters. The real seat connecting factor may also constitute a connecting factor determining the law applicable to company, accectable under the EU freedom of establishement.

scholarly journals Decisions in the field of international private law in the practice of the Novi Sad court of cassation between two world wars

2008 ◽  
pp. 121-130
Author(s):  
Petar Djundic
Keyword(s):  
World War I ◽  
Case Law ◽  
Private Law ◽  
Choice Of Law ◽  
Cross Border ◽  
Internal Conflicts ◽  
International Private Law ◽  
Recognition And Enforcement ◽  
The Will ◽  
Novi Sad

This article analyzes decisions in the field of International Private Law of the Novi Sad Court of Cassation, the highest court in Vojvodina during the period between two world wars. Decisions of the Court concerned with the conflict of laws issues were extremely rare during this period. Available case law contains literary one decision dealing with the choice of law problems in cross-border disputes. On the other hand, internal conflicts of laws were much more common as a result of the fact that The Kingdom of Serbs, Croats and Slovenes (from 1929 onwards - The Kingdom of Yugo?slavia) was the country with seven different systems of civil law in force in its territory. Choice of law rules were scant and underdeveloped. Case law of the Court is somewhat more developed when it comes to decisions concerned with international jurisdiction of the courts, recognition and enforcement of foreign decisions and issues of international civil procedure. However, one should bear in mind that many of the disputes with cross--border implications originated not from the will of the parties, but rather as a result of the change of sovereignty over the territory of Vojvodina after World War I.

Sign in / Sign up

Export Citation Format

Share Document