THE CONCEPT OF THE SUBJECT OF LABOR LAW AND ELEMENTS OF LABOR LAW LEGAL PERSONALITY

2021 ◽  
Vol 21 (7) ◽  
pp. 105-109
Author(s):  
M.V. Seliverstov ◽  
◽  
G.N. Nazarbekova ◽  
Keyword(s):  
Labor Law ◽  
Legal Personality ◽  
The Subject

Company Law

2021 ◽  
Author(s):  
Brenda Hannigan
Keyword(s):  
Decision Making ◽  
Corporate Governance ◽  
Corporate Finance ◽  
Company Law ◽  
Corporate Structure ◽  
Legal Personality ◽  
Corporate Entity ◽  
The Subject ◽  
Corporate Insolvency

Company Law brings clarity and analysis to the ever-changing landscape of this field. The text aims to capture the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides readers through all the major issues. From incorporation through to liquidation and dissolution, the work explores the workings of the corporate entity. The book is divided into five distinct sections covering corporate structure (including legal personality and constitutional issues), corporate governance (including directors’ duties and liabilities), shareholders’ rights and remedies (including powers of decision-making and shareholder petitions), corporate finance (including share and loan capital), and corporate insolvency.

TYPES OF OVERWORK AND JOBS THAT CANNOT BE OVERWORKED WITHIN THE FRAMEWORK OF THE LABOR LAW NO. 4857

2021 ◽  
Vol 6 (14) ◽  
pp. 67-81
Author(s):  
Altuğ YENGİNAR
Keyword(s):  
Labor Law ◽  
Working Hours ◽  
Human Right ◽  
International Human Rights ◽  
Right To Work ◽  
The Subject ◽  
The Republic ◽  
The Right ◽  
Almost All ◽  
Republic Of Turkey

The right to work has been recognized as a fundamental human right in almost all international human rights documents and in the constitutions of many countries. This right has been recognized and guaranteed as a fundamental human right also in the Constitution of the Republic of Turkey. However, not only recognizing and guaranteeing "work" as a fundamental human right but also regulating its implementation and functioning within the framework of laws is of great importance. The concept of overwork is a concept that has been mentioned in the Labor Law regarding the implementation and functioning of the concept of work and it is regulated in our Labor Law No. 4857. In order to talk about overwork, a limited working time is required. In this context, upon determining the maximum number of hours a worker can work per week by drawing a limit on working hours in Labor Law No. 4857, overwork, which is the subject of work exceeding this period, is defined. Furthermore, the types of overwork that arise depending on the reasons for overworking, as well as the jobs that cannot be overworked, are regulated in the same Law.

PAST AND PRESENT OF THE ULTRA-VIRES PRINCIPLE IN TURKISH COMPANIES LAW

2021 ◽  
Vol 6 (15) ◽  
pp. 520-540
Author(s):  
Gökhan GÜNCAN
Keyword(s):  
Civil Code ◽  
Legal Capacity ◽  
Legal Personality ◽  
Commercial Code ◽  
Starting Point ◽  
Conscious Choice ◽  
Turkish Commercial Code ◽  
The Subject

Abolished Commercial Code No. 6762 art. 137 limited the entitlement of commercial companies to the “subject of activity” included in the company's articles of association. Transactions exceeding the scope of operation written in the company's articles of association were deemed to be ultra vires transactions and were deemed null and void. Since the transactions that were deemed null and void were not available in the legal world, it was not possible to make them valid again. Because, a legal transaction that does not exist is invalid from the very beginning; even if the interests of all parties require it, it is not possible to validate the transaction with approval or authorization. Therefore, since transactions outside the scope of business of commercial companies were also considered null and void, there was no approval or ratification procedure that could make them valid. The only way to carry out the aforementioned transaction in a valid manner was to change the articles of association, regulate the company's field of activity to include the aforementioned transaction, and re-do the transaction from the beginning. In the Turkish Commercial Code no. 6102 art. 125 provision emphasized that commercial companies have legal personality, as in article 137 of the abolished Commercial Code no. 6762. However, unlike the abolished one, by eliminating the ultra vires principle, which is a limit to the competence of commercial companies. It has been widely accepted in the meaning of Turkish Civil Code art. 48. This issue was also included in the Turkish Commercial Code no:6102 art. 125 justification, and it was stated that the ultravires principle was abolished. Therefore, it is understood that the ultravires principle was abandoned as a result of the conscious choice of the Lawgiver. The subject of business is no longer a limiting element of the legal capacity of commercial companies. Despite this, the subject of business still maintains its importance for trading companies. Turkish Commercial Code no:6102 art. 213, which regulates the mandatory elements of the articles of association of commercial companies, in the provisions of 339 and 5 76, the subject of activity continues to maintain its place as a mandatory element that should be included in the articles of association. In the aforementioned provisions, among the mandatory elements to be included in the articles of association, as a common expression in the aforementioned company types, the phrase "business subject in a specified and defined manner" is used. The subject of operation is also in the Turkish Commercial Code no. 6102 art. 233 and in the provisions of art. 371, it remains as a factor limiting the representation authority of those authorized to represent the company. When these provisions are evaluated, it is understood that although the ultra vires principle has been abandoned in terms of the competence of commercial companies, the principle continues to be preserved in terms of representation. In the study, the provisions of abolished Commercial Code no:6762 art. 137, which limits the license of commercial companies to the subject of activity and art. 128, which defines the license in the broadest sense, were determined as the starting point, and the provisions regulating the authority of representation of commercial companies were examined. Thus, the effects of the ultra vires principle on the competence and representation of commercial companies have been comparatively examined within the framework of the abolished Commercial Code No. 6762 and the current Turkish Commercial Code No. 6102.

scholarly journals Theory and practice of legal regulation labor incapable employees

Pravovedenie ◽  
2018 ◽  
Vol 62 (3) ◽  
pp. 465-483
Author(s):  
Larisa V. Zajceva ◽  
◽  
Oksana A. Kursova ◽  
Keyword(s):  
Russian Federation ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Theory And Practice ◽  
Legal Capacity ◽  
Work Activity ◽  
Legal Personality ◽  
Labor Legislation ◽  
The Russian Federation

The study of the legal personality of citizens recognized as legally incompetent by the court is timely and relevant in the light of the recent changes in the civil legislation of the Russian Federation, as well as the emerging trends in the development of judicial practice. In the doctrine of labor law, the legal personality of individuals is observed as an independent category of labor law, differing in this capacity from other related legal categories, in particular from civil legal capacity and legal capacity. At the same time, the labor legislation of the Russian Federation has made an unsuccessful attempt to receive the norms of civil legislation in relation to the employer — an individual who is recognized incapable by the court. At the moment, the Russian legislator with regard to the possibility of concluding an employment contract on the part of an employee recognized as legally incompetent took the position of “qualified silence”, which today can hardly be called successful for a number of reasons indicated in the proposed study. The study of the legal personality of citizens recognized as incapable makes it possible to assess the level of compliance of Russian legislation with international social and labor standards, determine the vectors for its further development and improvement in terms of optimal protection of human rights and citizenship. The main methods of the research were system and complex analysis of regulatory legal acts of the Russian Federation and a number of other countries and international organizations; Comparative method, which made it possible to compare the international regulation of the participation of incompetent citizens in the work activity with Russian labor legislation, as well as the labor legislation of certain countries of the near and far abroad; Method of expert assessment, based on the analysis of court decisions and scientific publications on the participation of incapacitated persons in labor relations. The results of the study are both theoretical and practical, and suggest some directions for improving the labor legislation of the Russian Federation on the participation in labor relations of citizens recognized by the court as legally incompetent.

10. Derivative claims

Company Law ◽  
2020 ◽  
pp. 177-206
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Majority Rule ◽  
Third Party ◽  
Liability Insurance ◽  
Minority Shareholders ◽  
Legal Personality ◽  
The Core ◽  
Locus Standi ◽  
Stage Process ◽  
The Subject ◽  
Management Principle

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 examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.

Company Law

2018 ◽  
Author(s):  
Brenda Hannigan
Keyword(s):  
Decision Making ◽  
Corporate Governance ◽  
Corporate Finance ◽  
Company Law ◽  
Corporate Structure ◽  
Legal Personality ◽  
Shareholder Engagement ◽  
The Subject ◽  
Corporate Insolvency

Company Law brings clarity and analysis to the ever-changing landscape of this field. The text aims to capture the dynamism of the subject, places the material in context, highlights its relevance and topicality, and guides readers through all the major areas. The book is divided into five distinct sections covering corporate structure (including legal personality and constitutional issues), corporate governance (including directors' duties and liabilities), shareholders' rights and remedies (including powers of decision-making and shareholder engagement), corporate finance (including share and loan capital), and corporate insolvency (including insolvencies arising).

PROTECTION OF THE PERMANENCE OF EMPLOYMENT IN GERMANY

2018 ◽  
Vol 1 (XVIII) ◽  
pp. 391-402
Author(s):  
Tomasz Świętnicki
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Extensive Study ◽  
Employment Relationship ◽  
Employment Relationships ◽  
Law System ◽  
The Subject

The aim of this article is to present the protection of the permanence for the employment relationship in Germany and to outline the labor law system prevailing in Germany, as well as attempt to answer the question what are the grounds / prerequisites as a rule of the subject protection. The subject of my analysis are the principles of protection for he permanence of employment relationships established on the basis of a contract for the employee. Labor relations that have their origins in the appointment, and their characteristics remain outside the scope of my article, because it would need a much extensive study.

Subjects of Tax Relations: Features of Legal Status and Classification

2019 ◽  
Vol 10 (7) ◽  
pp. 2024
Author(s):  
Liubov M. KАSIANENKO ◽  
Nataliа I. ATAMANCHUK ◽  
Olena O. BOIKO-SLOBOZHAN ◽  
Olena V. SHAKIROVA ◽  
Sergiy O. DANILOV
Keyword(s):  
Subject Matter ◽  
Legal Status ◽  
Scientific Research ◽  
Educational Process ◽  
Tax Law ◽  
Public Authorities ◽  
Legal Personality ◽  
Tax Legislation ◽  
The Subject

The relevance of the subject matter is conditioned upon the fact that nowadays, both tax law theory and the current tax legislation fail to provide a single, unified definition of the concept of ‘subject of tax relations’. Furthermore, there is no clear criteria for the division of subjects of tax relations into types, which makes it impossible to establish the exact scope of participants in tax relations, and to determine the level of their tax legal personality. The purpose of this paper is to determine the scope of participants in tax relations, to analyze and clarify the legal status of established subjects and determine the functions that they perform in tax legal relations, as well as, on the basis of the results obtained, to construct a detailed classification of subjects of tax relations. The key method of scientific research is the method of scientific modelling, because in this article, on the basis of the analysis of existing scientific positions and provisions of legislation, the authors build their own theoretical model of the subject matter, formulate a conceptual apparatus and offer their practical application. This paper examines the subjects of tax relations, examines their types, outlines the limits of their legal personality in tax relations. The analysis of national legislation and various scientific approaches provides for the classification of subjects of tax relations, the legal status and the role they play in the tax mechanism are determined. The paper develops proposals for practical content to improve the provisions of the Tax Code of Ukraine on subjects of tax relations, provides author's definitions of the concept of ‘subjects of tax relations’. The provisions, conclusions, proposals and recommendations formulated in this paper can be used in: lawmaking – to improve and adopt new regulations, to amend existing legislation, to adapt them to the best European and international models; the law enforcement – to improve tax relations with the participation of public authorities; scientific research – for further study of financial and legal issues of participation of public authorities in budget relations; educational process – when teaching the subjects ‘Financial Law’, ‘Tax Law’, ‘Administrative Law’, ‘Topical Problems of Financial Law of Ukraine’ and related training courses.  

scholarly journals The nature of the industrial enterprise

2021 ◽  
pp. 11-48
Author(s):  
Dariusz Nowak ◽  
Iskra Panteleeva
Keyword(s):  
Production Process ◽  
Industrial Enterprise ◽  
Basic Information ◽  
Legal Form ◽  
Original Equipment Manufacturer ◽  
Legal Personality ◽  
Equipment Manufacturer ◽  
Production Type ◽  
The Subject ◽  
Consumer Marketing

This chapter presents basic information about the nature and essence of the enterprise. The first subchapter shows both the well-known and less popular definitions of an enterprise and an industrial enterprise. They have been shown through the prism of various approaches, including definitions from various countries. The second part discusses the features of an industrial enterprise, with particular emphasis on: organizational separateness, economic separateness, legal separateness (legal personality), territorial separateness and technical and production separateness. The next part focuses on the goals and tasks of an industrial enterprise, with particular emphasis on the way they are formulated. Both strategic, tactical and operational goals were discussed. The subject of the considerations in the fourth part were the functions of an industrial enterprise, including a detailed description of the production, technical, organizational and personnel functions. The division of enterprises according to various criteria is presented in the next section. It focuses on such criteria as business profile, the size of the enterprise, form of ownership, production type, type of production process and market legal form. The last part discusses the market on which an industrial enterprise operates. Its features were presented, as well as the type of industrial products, types of customers and differences between industrial and consumer marketing. Particular attention was also paid to OEM (Original Equipment Manufacturer) and MRO (Maintenance Repair and Overhaul).

scholarly journals Administrative Legal Entities of Private Legal Entities as a Status Component of the Legal Regulation Mechanism: Characteristics of Elem

2019 ◽  
pp. 91-95
Author(s):  
V.V. Sukhonos
Keyword(s):  
Civil Law ◽  
Legal Regulation ◽  
Administrative Law ◽  
Regulation Mechanism ◽  
Private Law ◽  
Legal Capacity ◽  
Legal Entity ◽  
Legal Personality ◽  
The Subject ◽  
Legal Entities

The article is devoted to administrative legal personality, which is part of the structure of the administrative-legal personality of private legal entities. At the same time, it is argued that, on their own, the rules of law cannot influence the behavior of their addressees, therefore the only instrument by which legal regulation is used to help ensure such influence is the mechanism of legal regulation within which the functions of law are implemented, and specific life situations are addressed. It is noted that, like any state mechanism, the mechanism of legal regulation consists of the relevant elements, namely: norms of law, legal relations, and acts of realization of rights and obligations. Thus, we can conclude that the disclosure of the features of the mechanism of legal regulation is possible only if a thorough study of its elements. Thus, each state that there is no language and there can be no legal regulation, which in its nature and nature is different from other types of regulation. It should also be remembered that, at its core, legal regulation is not material but is done through the consciousness and will of the people. It is perfect. However, any ideal process cannot occur without the participation of matter. Based on all the above, it can be stated that one of the constituent parts of the mechanism of legal regulation is legal relations. It should be remembered that public relations also have an internal structure to which the subject, object, and content relate. However, the absence of at least one of the elements of the relationship automatically complicates, or even precludes their very existence. The same rule applies to the mechanism of legal regulation. Thus, the study of each of the components of the mechanism of legal regulation has the same scientific significance and importance as the study of the mechanism itself. Therefore, if we conduct a study of administrative-legal personality, then it must take into account its place and the impact on legal regulation as a whole. Legal personality nowadays also exists in administrative law, although the very concept of “legal personality”, as a certain characteristic of a legal entity, originally originated in civil law. However, it should be remembered that the method of administrative law is significantly different from civil law, and therefore the use of civil law expertise in the field of legal personality should be used with extreme caution. In his desire to ensure state control and the possibility of applying state coercion, the legislator adapted the rules of public law to the construction of a legal entity of private law. On this basis, it should be noted that different types of legal entities under private law would have different levels of administrative capacity. That is why the legal capacity of legal persons under private law can be recognized as administrative law, both social and legal capacity, and the need to be the subject of administrative-legal relations. Keywords: administrative-legal personality, legal entity, private law, mechanism of legal regulation.

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