Legal Status Of An Independent Board Member:, A Comparative Perspective Between The Legal Position In Kuwait And USA

2020 ◽  
pp. 11
Author(s):  
عبدالله الشبلي
Keyword(s):  
Board Member ◽  
Legal Status ◽  
Comparative Perspective ◽  
Legal Position

The Legal Status of a Company after Decision on Its Liquidation

2021 ◽  
Vol 10 (1-2) ◽  
pp. 138-152
Author(s):  
Viktoriia O. Khomenko ◽  
Leonid V. Efimenko ◽  
Valentyna A. Vasilyeva
Keyword(s):  
Market Economy ◽  
Legal Status ◽  
Court Decision ◽  
Entrepreneurial Activity ◽  
Legal Entity ◽  
State Register ◽  
Legal Position ◽  
Main Factors ◽  
A Company ◽  
Made In

Abstract Entrepreneurial activity is one of the main factors in the development of the market economy of the state, the internal and external markets of Ukraine and innovative industries. Therefore, the main purpose of this article is to analyse the peculiarities of the legal position of a company after a decision has been made to terminate it. It is established that the liquidation of legal entities is performed without the transfer of the rights and obligations of the liquidated enterprise to other persons, i.e. without succession. Upon liquidation of the enterprise, its rights and obligations are terminated. The current civil legislation does not provide for the limitation of the powers of the liquidation commission in cases of liquidation based on a court decision. It is argued that the liquidation commission be terminated when an entry on termination of the activity of a legal entity is made in the unified state register.

scholarly journals DUE TO LEGAL POSITION AND LEGAL SURROGACY AGREEMENT AS AN INNOMINAAT AGREEMENT IN THE PERPECTIVE OF CIVIL LAW, ISLAMIC LAW AND NATIONAL LAW

2019 ◽  
Vol 6 (1) ◽  
pp. 90
Author(s):  
Peni Rinda
Keyword(s):  
Legal Status ◽  
Islamic Law ◽  
Civil Law ◽  
Literature Study ◽  
Specification Method ◽  
The Status ◽  
Technological Developments ◽  
Legal Position ◽  
Community Issues

Technological developments in medicine have provided an outlet for community issues with the discovery of a new method of artificial insemination is known as in vitro fertilitization (IVF). For couples who want to have children but due to medical reasons can not obtain offspring naturally, with IVF method can obtain offspring / children. But in its development appears IVF lease term or the surrogate mother's womb, the sperm and ovum from a legitimate married another woman entered in the womb. Therefore the aim of this study to determine the legal position of surrogacy agreement as an innominaat agreement in the perspective of civil law, Islamic law national law, This research used normative juridical approach, descriptive analytical research specification, method of data collection is done with a literature study on legal materials, both primary legal materials, as well as secondary materials, then analyzed by qualitative descriptive. The results showed that a good legal position surrogacy agreement according to the Civil Law, Islamic law and national law is as the agreement is not named (innominaat) and surrogacy agreement is not allowed or unlawful. While the legal consequences of surrogacy agreements either under Civil Law, Islamic law, and national law relating to the status of children, descent problems, inheritance and other rights. The legal status of children under civil law can be a legitimate child of the surrogate mother, it could be a child outside of mating recognized, while according to Islamic law status of the child as a child of the uterus rental yields laqith, while according to national law, the legal status of the child as a foster child. This inheritance rights issue depends the legal status of the child, there is nothing not inherit (civil relationship with his mother).

9. The Legal Position of Children

2015 ◽  
pp. 296-329
Author(s):  
N V Lowe ◽  
G Douglas
Keyword(s):  
Legal Status ◽  
Parent Child Relationship ◽  
Child Relationship ◽  
The Family ◽  
Legal Position ◽  
The Law ◽  
Parent Child

This chapter discusses the legal position of children. It first considers the relatively simple issues of who the law regards as a child and the meaning of ‘child of the family’. It then discusses the child's legal status; the changing nature of the parent-child relationship; and the still developing notion of the child's independent or autonomy rights.

The Legal Status of Decisions by Human Rights Treaty Bodies

2020 ◽  
pp. 129-158
Author(s):  
Leonardo Borlini ◽  
Luigi Crema
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Legal Order ◽  
Legal Scholarship ◽  
National Courts ◽  
Ordinary Meaning ◽  
Domestic Courts ◽  
Treaty Monitoring ◽  
International Legal Order ◽  
Legal Position

Academic analysis of pronouncements of human rights treaty monitoring bodies has tended to focus on their contribution to the promotion of human rights in domestic jurisdictions, particularly to convey the desire of scholars to see more use of these pronouncements by domestic courts. Comparatively little attention has been paid to the issue of their legal status in light of the supervisory function of human rights monitoring bodies. This chapter starts with a thorough analysis of a few recent cases by national courts, which commented on the legal value of the work of these bodies. The chapter then challenges two recurring arguments in the legal scholarship: their assimilation to judicial bodies, and the existence of a procedural obligation on states to consider their views. Next, it focuses on the interpretive weight of the pronouncements of these treaty bodies in international law, and, accordingly, in national jurisdictions. The chapter argues that the alleged existence of a general procedural obligation on states to consider the pronouncements of human rights treaty monitoring bodies is controversial, and that their work does not have a specific, or privileged, legal position in defining the ordinary meaning of a treaty. The conclusions point out that supervisory bodies have a specific and important role in the international legal order, different from that of courts, which bears preserving.

Of General Principles and Trojan Horses — Procedural Due Process in Immigration Proceedings under EU Law

2010 ◽  
Vol 11 (9) ◽  
pp. 1006-1024 ◽  
Author(s):  
Jürgen Bast
Keyword(s):  
Decision Making ◽  
Legal Status ◽  
Due Process ◽  
Legal Order ◽  
Fundamental Rights ◽  
Eu Law ◽  
Procedural Due Process ◽  
Scope Of Application ◽  
Legal Position

AbstractThe present paper concerns procedural guarantees in immigration proceedings, thus addressing the broader question of the role of the general principles of EU law in respect of administrative decision-making. The main assertion is that certain requirements of procedural due process are recognized in EU law as fundamental rights. They must therefore be observed by Member State authorities when decisions significantly affecting the legal position of a person are taken, provided that the decision is at least partly determined by EU law. The relevant immigration proceedings involve measures related to the termination of residence as well as decisions related to denial or loss of a particular legal status. In effect, the actual scope of application of the EU's administrative fundamental rights is determined by the actual scope of activity of the European legislator. The author concludes that even a relatively ‘shallow’ harmonization of laws can lead to a ‘deep’ reshaping of the domestic legal order, by becoming a Trojan Horse for fundamental rights heretofore alien to some national immigration regimes.

The Legal Position of Tibet

1956 ◽  
Vol 50 (2) ◽  
pp. 394-404 ◽  
Author(s):  
Tieh-Tseng Li
Keyword(s):  
Legal Status ◽  
Political History ◽  
Religious Practices ◽  
Legal Position

Tibet for most people remains a land of mystery. Books continue to be published which deal with its strange cults and religious practices. It is also a land of romance and adventure. But very little has been written on its political history and still less on its legal status. That is why Professor Charles Henry Alexandrowicz-Alexander’s article in the April, 1954, issue of this JOURNAL must be regarded as a welcome contribution.

Free Movement: The Workseeker as Citizen

2001 ◽  
Vol 4 ◽  
pp. 93-132
Author(s):  
Michael Dougan
Keyword(s):  
Legal Status ◽  
Social Protection ◽  
Economic Factor ◽  
Free Movement ◽  
Best Interests ◽  
The European Union ◽  
Production Section ◽  
Union Section ◽  
Legal Position ◽  
The Common

This article is concerned with the legal position of Community nationals who move to another Member State in search of employment. Section II will summarise the traditional legal status of the workseeker viewed as an economic factor of production. Section III will explore the new legal status of the workseeker viewed as a citizen of the European Union. Section IV will offer some brief comments on the Commission’s 2001 proposal for an umbrella directive on free movement for Union citizens, and its implications for the migrant workseeker. It will be argued, through this analysis, that the institution of Union citizenship, so often criticised for its ‘us and them’ mentality in the treatment of third country nationals, is equally characterised by a ‘haves and have-nots’ approach to its own members—thus presenting a model which (albeit for perhaps understandable pragmatic reasons) is not necessarily in the best interests of maximising economic efficiency within the Common Market, places limits on certain of the political aspirations vested in the process of European integration, and questions the depth or at least the methodology of the Community’s stated commitment to attaining high levels of social protection.

scholarly journals Analisis Yuridis Terhadap Kedudukan Anak Hasil Perkawinan Siri

2021 ◽  
Vol 9 (2) ◽  
pp. 55
Author(s):  
Bella Yulfarida
Keyword(s):  
Data Collection ◽  
Legal Status ◽  
Secondary Data ◽  
Data Sources ◽  
Primary Data ◽  
Constitutional Court ◽  
Civil Registration ◽  
Legal Position ◽  
Data Source ◽  
Secondary Data Sources

<p>The purpose of this study is to determine the juridical analysis of the position of the child, the legal status of the child and to find out the government's efforts to overcome the position of the child from an unregistered marriage. This type of research is an empirical descriptive qualitative. The data source uses primary data sources and secondary data sources. Data collection techniques are interviews, observation and documentation. The results of the study indicate that children resulting from unregistered marriages are registered and then registered in the civil registration in order to obtain a legal legal position. The legal status of unmarried children is that after the Decision of the Constitutional Court Number 46/PUU-VIII/2010, if it can be proven based on science and technology and/or other evidence, it turns out that they are related by blood as their father, then they are entitled to inherit from their father. The government's effort in overcoming the position of children from unregistered marriages is to socialize so that siri couples become legal marriages, namely by registering with marriage istbat and re-marrying.</p><p>Keywords: legal status, legal status, children, unregistered marriage</p>

Separation of Powers, Treaty-Making, and Treaty Withdrawal

2019 ◽  
pp. 134-155
Author(s):  
Pierre-Hugues Verdier ◽  
Mila Versteeg
Keyword(s):  
Large Scale ◽  
Legal Status ◽  
Separation Of Powers ◽  
Original Data ◽  
Comparative Perspective ◽  
Data Set ◽  
Constitutional Review ◽  
Alternative Procedures ◽  
Domestic Law

This chapter examines from a comparative perspective the national legal regimes that govern treaty-making and treaty withdrawal, functions that in many countries were traditionally vested in the executive. Drawing from an original data set that covers 101 countries for the period 1815–2013, the chapter identifies several large-scale trends. First, it confirms a sustained trend toward greater parliamentary involvement in treaty-making. Second, it shows that many countries recognize executive agreements and other alternative procedures through which the executive can conclude internationally binding agreements without parliamentary approval, but that these “workarounds” are typically subject to significant constraints affecting the executive’s discretion and the domestic legal status of the resulting agreements. Third, it shows that in recent years several countries have introduced constraints on the executive’s ability to withdraw from treaties without parliamentary approval. Finally, it draws attention to the little-noticed role of national judiciaries in treaty-making, by showing that in many legal systems treaties are subject to constitutional review prior to ratification. The chapter discusses the implications of these four trends, all of which represent moves away from the executive-dominated world of traditional treaty relations. It hypothesizes that these trends respond to growing separation of powers concerns as treaties increasingly shape domestic law.

General characteristics of a bailiff’s legal status in the Russian Empire and the Russian Federation (comparative legal aspect)

2020 ◽  
pp. 426-434
Author(s):  
Elena Goltsman
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
Legal Aspect ◽  
Russian Empire ◽  
Legal Position ◽  
The Russian Federation ◽  
The Russian Empire ◽  
Clear Idea ◽  
Political Economic ◽  
Revolutionary Period

Based on the methodology of chrono-discrete monogeographic comparative law, we identify the comparative potential of bailiffs’ legal status in the Russian Empire and the Russian Federation. Until recently, the legislation of the Russian Federation did not give a clear idea of bailiffs’ legal position in the civil service. We believe that, speaking about a bailiff’s legal status and comparing the regulatory framework that regulates it, it is necessary to determine what elements constitute a bailiff’s legal status; to compare comparable, conditionally comparable and incomparable elements of this status. At present, this issue is more definite and developed in comparison with the pre-revolutionary period. Comparison of specific elements of legal status in different historical periods may lead to the development of prac-tical recommendations for improving the current legislation governing the structure and activities of the institution of bailiffs. We designate six ele-ments of bailiffs’ legal status, which are fundamentally comparable in rela-tion to the Russian Empire and the Russian Federation. We also note the need to take into account the specific historical situation in the studied periods, the specifics of the political, economic, and social structure, and the peculiarities of legal awareness and mentality.

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