scholarly journals Reflexões Sobre o Aviamento e a Dissolução Parcial: Pertinência da Análise Econômica do Direito

2014 ◽  
Vol 3 (1) ◽  
pp. 123-149
Author(s):  
Henrique Avelino Lana Lana
Keyword(s):  
Law Enforcement ◽  
Economic Analysis ◽  
Limited Liability ◽  
Law Enforcement Officers ◽  
Economic Importance ◽  
Limited Liability Company ◽  
Economic Analysis Of Law ◽  
Concrete Case ◽  
De Se ◽  
The Subject

Resumo: Pretende-se desenvolver uma reflexão acerca da possibilidade jurídica de se incluir o aviamento nos haveres do sócio que se desliga da sociedade empresária limitada. Buscar-se-á demonstrar quais os divergentes posicionamentos doutrinários e jurisprudenciais sobre o assunto, bem como os fundamentos que os esteiam. Ao final, tentar-se-á demonstrar que não se trata o tema como sendo de fácil deslinde, merecendo, portanto, especial atenção de todos os operadores do direito, haja vista estar, inclusive, presente no dia-a-dia de todos aqueles que exercem atividade empresária em nosso país. Procurar-se-á demonstrar sua relevância econômica, bem como a necessidade de que, diante do caso concreto, se utilize das ferramentas metodológicas proporcionadas pela Análise Econômica do Direito. Palavras-chave: Análise Econômica do Direito. Dissolução Parcial. Inclusão. Aviamento. Abstract: The aim is to develop a reflection on the legal possibility of including the goodwill to assets of the partner that turns off the limited liability company. Search will show what the different positions and doctrinal jurisprudence on the subject, and the pleas that esteem. In the end, it will try to demonstrate that this is not the issue as an easy demarcation, deserving, therefore, special attention of all law enforcement officers, have seen to be, even in the day-to-day life of all those businesswoman engaged in activity in our country. It will seek to demonstrate their economic importance and the necessity that, before the concrete case, if use of methodological tools provided by the Economic Analysis of Law. Keywords: Economic Analysis of Law. Partial dissolution. Inclusion. Goodwill.

scholarly journals Concepts And Features Of The Corporate Contract

2019 ◽  
pp. 121-134
Author(s):  
R.S. Lukashov
Keyword(s):  
Civil Law ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Key Factors ◽  
Legal Entity ◽  
Legal Nature ◽  
The Subject ◽  
Definition Of ◽  
Contractual Structures

The article is devoted to the theoretical and legal analyses of the place of a corporate agreement in the system of civil contracts. The article identifies the key factors that justify a separate place of the corporate agreement among existing contractual structures of civil law. The article deals with scientific views on the concept and legal nature of the corporate agreement, outlines the subject of the corporate agreement, which is concluded between the participants of the legal entity of corporate type, as well as analyzed the latest legislation on the definition of the concept, subject and content of the corporate agreement, which is concluded between the members of the limited liability company.  

Comparative Law and Economic Analysis of Law

2019 ◽  
pp. 825-851 ◽  
Author(s):  
Florian Faust
Keyword(s):  
Economic Analysis ◽  
Subject Matter ◽  
Law And Economics ◽  
Comparative Law ◽  
Case Law ◽  
The Other ◽  
Economic Analysis Of Law ◽  
The Subject ◽  
The Relationship

This chapter discusses the relationship between comparative law and economic analysis of law. After providing an overview of the characteristics of the economic analysis of law, it explains how one of the two disciplines can operate as an ancillary discipline to the other; this has been termed ‘Comparative Law and Economics’. The next section describes how comparative law and economic analysis of law can be brought together by making one discipline the subject matter of the other. It suggests that the role of economic analysis of law may be greater in case law systems than in codified systems and that this role may vary according to the subject of legislation. The section concludes with considerations on the role comparative law plays and should play in different contexts. Finally, it is argued that comparative law and economics should not be considered a discipline on its own.

scholarly journals Use of intelligence tools of operational and search activities in pre-trial investigation

2021 ◽  
Vol 10 (45) ◽  
pp. 105-112
Author(s):  
Oleh Tarasenko ◽  
Artem Shevchishen ◽  
Yurii Yermakov ◽  
Dmytro Mirkovets ◽  
Yaroslav Diakin
Keyword(s):  
Law Enforcement ◽  
System Analysis ◽  
Law Enforcement Officers ◽  
Theoretical Method ◽  
Legal Regulation ◽  
Criminal Proceedings ◽  
Search Activity ◽  
The Subject ◽  
Operational Activities ◽  
Legal Grounds

The purpose of the article is to determine the features and legal grounds for the use of tools of operational and search activities in the pre-trial investigation. Subject of research: The subject of research is covert investigative (search) actions and operational and search measures. Methodology: dialectical method, formal logic methods, logical and semantic method, system analysis method, theoretical method, normative and dogmatic method, legal modeling method. The results of the study: Distinguishing between investigation and search measures, we apply the following principle: if the object of operational activities is already known to law enforcement officers we are talking about search measures, if not – about investigation measures. Practical consequences: The possibility of legal regulation of the use of tools of operational and search activity at the stages of criminal proceedings is determined. Value / originality: It is concluded that the list of operational and search measures also includes those that have no analogues with the CISAs and therefore operational and search measures do not duplicate the CISAs, but perform the task of ensuring the possibility of fulfilling the investigator’s instructions to conduct the CISAs.

scholarly journals Ativismo do Poder Judiciário na Concessão de Medicamentos x Concretização das Políticas Públicas Constitucionais / The Activism of the Judiciary in Granting Medicines x Achievement of the Constitutional Public Policies

2015 ◽  
Author(s):  
Marcia Carla Pereira Ribeiro ◽  
Luis Alberto Hungaro
Keyword(s):  
Economic Analysis ◽  
Public Policies ◽  
Law Enforcement Officers ◽  
Judicial Activism ◽  
Economic Policies ◽  
Economic Analysis Of Law ◽  
Unequal Treatment ◽  
The Government ◽  
Broad Interpretation ◽  
The Right

Resumo:O artigo analisa o ativismo do Poder Judiciário na concessão de medicamentos não contemplados nos protocolos oficiais e os potenciais efeitos na implementação de políticas públicas pelo Poder Público na área da saúde. Para tanto, utilizou-se da ferramenta da Análise Econômica do Direito, especialmente do conceito de racionalidade limitada, referente à limitação informacional dos operadores de direito, e do princípio da eficiência, o qual se relaciona com a implementação de recursos escassos visando à obtenção de soluções de maior eficiência econômica e social. Decisões judiciais foram cotejadas aos princípios econômicos no intuito de verificar as potenciais implicações decorrentes do ativismo judicial. A interpretação ampla concedida ao direito à saúde, destituída da necessária observância dos limites decorrentes de sua individualização, importa tratamento desigual, impondo ao Poder Público o ônus de prover tratamentos individuais de custos superiores ao que o sistema é capaz de fornecer comprometendo a eficácia social e econômica de políticas públicas voltadas à saúde.Palavras-chave: Concessão de Medicamentos; Ativismo Judicial; Análise Econômica do Direito; Políticas Públicas. Abstract:The article examines the activism of the judiciary in granting medicines not included in official protocols and the potential effects on the implementation of public policies by the government in health care. Therefore, we used the tool of Economic Analysis of Law, especially the concept of bounded rationality on the informational limitations of law enforcement officers, and the principle of efficiency, which relates to the implementation of limited resources in order to obtain solutions of greater economic and social efficiency. Judicial decisions were collated to economic principles in order to examine the potential implications of judicial activism. The broad interpretation given to the right to healthcare, devoid of proper compliance with the limits of its individualization, it unequal treatment, imposing upon the Government the burden of providing individual treatments in excess of the costs that the system is able to provide compromising efficacy and social of economic policies geared towards health.Keywords: Provision of Medicines; Judicial Activism; Economic Analysis of Law; Public Policies.

scholarly journals BUTIR-BUTIR PEMIKIRAN DALAM SEJARAH INTELEKTUIL DAN PERKEMBANGAN AKADEMIK HUKUM DAN EKONOMI

2014 ◽  
Vol 10 (19) ◽  
Author(s):  
Fajar Sugianto
Keyword(s):  
Economic Analysis ◽  
David Hume ◽  
Law And Economics ◽  
Adam Smith ◽  
Economic Analysis Of Law ◽  
Fusion Of Horizons ◽  
Subject Areas ◽  
The Subject ◽  
Academic Recognition ◽  
Basic Ideas

This writing is intended to convey the basic ideas of what has come to be known as Law and Economics, or also commonly called Economic Analysis of Law. The subject areas of concern are central ones for the origins of law and economics which have been contributed by “the Founding Fathers”, namely, David Hume, Adam Ferguson, Adam Smith, Jeremy Bentham, Ronald Coase, Henry Simons, Gordon Tullock, Richard Posner, and Steven Shavell. Because the main object is to present the fusion of horizons between law and economics, this writing had excluded formal economic analysis as well as detailed discussion of most legal area. Like many most accepted theories of jurisprudence, Law and Economics also look to reveal the crucial and definitive aspects of the foundation of law.Keywords: Fusion of horizons, academic recognition, Law and Economics.

scholarly journals The Authority of Internal Auditor to Prevent Corruption Committed by Civil Servants and Government Official

2020 ◽  
Vol 2 (2) ◽  
pp. 139-162
Author(s):  
Helmi Helmi ◽  
Iskandar Iskandar
Keyword(s):  
Law Enforcement ◽  
Legal Protection ◽  
Internal Audit ◽  
Law Enforcement Officers ◽  
Administrative Law ◽  
Civil Servants ◽  
Financial Loss ◽  
Government Officials ◽  
Internal Auditor ◽  
The Subject

Internal audit is significant to guarantee and ensure the enforcement of laws and regulations as well as to prevent power abuse by civil servants or government officials that may cause financial loss for the country. The purpose of this study is to provide an overview of the authority of internal audit, to describe how this authority is regulated, to depict the authority to prevent power abuse, and to illustrate the protection over and enforcement of administrative law on allegation of power abuse. This study is a normative juridical study analyzing primary and secondary legal material relevant to the subject under study. The result of the study reveals that the authority of internal audit has been set in various legal products. The operating procedures for legal protection over allegation of arbitrary behavior against civil servants or government officials are filing an objection or an appeal against the discovery of the internal audit. If the case is not a subject of investigation of law enforcement officers the accused may contest the finding to Administrative Court and request the judge to review the finding. If the accused is proven to be guilty of abusing power that causes financial loss for the state and, thus, be sentenced for the alleged conduct (inkracht), he or she shall be immediately dismissed from his/her position. The regulation posits that officer who ignores the verdict and continues to keep the  defendant on his/her position shall be penalized.

scholarly journals THE SUBJECT AREA OF INFORMATIZATION OF COURT DECISIONS

2021 ◽  
pp. 462-487
Author(s):  
S. B. Polyakov ◽  
◽  
I. A. Gilev ◽  
Keyword(s):  
Information Technology ◽  
Law Enforcement ◽  
Object Oriented ◽  
Law Enforcement Officers ◽  
Subject Area ◽  
Object Oriented Programming ◽  
Court Decisions ◽  
Legal Method ◽  
The Subject ◽  
The Law

Introduction: we have created an information technology support program, named ‘LaserIP-GPK-2020’, designed to provide assistance in making reasoned court decisions according to the rules of the Civil Procedure Code of the Russian Federation in ordinary proceedings. With the help of this program, we demonstrate in the paper the complexity of the law enforcement process for a person and the assistance that software can provide to overcome this complexity. The paper shows the subject area of the information system created by us, outlines the ways of further enhancement of software intended to facilitate law enforcement, and challenges the myths about the robot judge. Purpose: to determine the possible types of software to be developed in accordance with the types of law enforcement operations, provided that the discretion function remains with law enforcement officers; to determine the directions of the formalization of law enforcement operations and the possibilities of gradual transfer of some of them to artificial intelligence. Methods: the universal dialectical-materialistic method, employed when converting the law enforcement process into the language of information technology; analysis and synthesis of the law enforcement process, the formal-legal method – for converting the requirements of law and legal science to law enforcement into software commands for the judge and the parties to the case; the object-oriented approach to modeling; the object-oriented programming methodology, a relational approach to database design. Results: the ‘Laser-IPGPK-2020’ computer program contains a sequence of law enforcement operations and rules for their execution, the multiplicity and complexity of which exceeds the capabilities of most law enforcement officers. This program is designed to prevent law enforcement errors resulting from the limited human capabilities with regard to retaining knowledge of the multitude of rules of law enforcement operations, and to obviate the expenditure of time required for each individual judge to solely produce a reasoned decision in a case. Conclusion: the selection and development of particular IT solutions to be applied in law enforcement practice when solving legal cases are determined by the analysis of the law enforcement process, which is the subject area of the program.

scholarly journals In-house training for service company employees using information technology

2020 ◽  
Vol 5 (23) ◽  
pp. 105-110
Author(s):  
Lubov K. Ilyashenko ◽  
Zhanna V. Smirnova ◽  
Olga I. Vaganova ◽  
Svetlana N. Kaznacheeva ◽  
Natalia V. Bystrova
Keyword(s):  
Information Technology ◽  
Professional Training ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Service Company ◽  
Personal Effectiveness ◽  
State Pedagogical ◽  
The World ◽  
The Subject ◽  
Service Field

The article reveals the structure of the content of in-house training and retraining of employees, reflects the principles on which training is based and the functions that are performed by in-house professional training. Throughout the world and in Russia in particular, the subject of increased attention is the introduction of information technology. Therefore, the authors consider the in-house training of employees of the service company using the designated technologies. The agency Registration Agency, a limited liability company, was considered in the article. In 2018, among its employees, a survey was conducted that revealed the desire of employees to improve their skills through electronic courses provided by Nizhny Novgorod State Pedagogical University. It was attended by 30 respondents. After the meeting, employees were asked to undergo training on the organization of personal effectiveness. The training was conducted successfully and, based on the data obtained, we concluded that there is a need for further closer cooperation between organizations, therefore, we presented a plan of interaction between Nizhny Novgorod State Pedagogical University named after Kozma Minin and the Registration Agency limited liability company, the result of which in the future should be the achievement of benefits for both parties, that is, an increase in the intensification of the organization’s activities "and The effectiveness of the training of future graduates of the “Service” field of study.

MAKING AN IN-KIND CONTRIBUTION TO A LIMITED LIABILITY COMPANY

2021 ◽  
Vol 1 (XXI) ◽  
pp. 279-291
Author(s):  
Jędrzej Kubica
Keyword(s):  
Limited Liability ◽  
Civil Code ◽  
Point Of View ◽  
Limited Liability Company ◽  
Share Capital ◽  
The Subject ◽  
Effective Transfer ◽  
Practical Dimension

In this article, the author focuses on the issue of making an in-kind contribution to a limited liability company – both at the time of the company establishment and in the procedure of increasing the share capital. For this purpose, the author reviews the doctrine and judicature positions relating to the concept of contribution capacity and looks for answers to the question whether the limited liability company agreement and the declaration of taking up shares have the binding and disposing effect referred to in art. 155 and art. 510 of the Civil Code, and therefore whether it is necessary to conclude a separate agreement for the transfer of the subject of the contribution to the company for the effective transfer of the in-kind contribution. In his considerations, the author draws attention to the practical dimension of applying the provisions from the point of view of the work of a notary

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