Politische Betätigung im Betrieb

2021 ◽  
Author(s):  
Sebastian Krülls
Keyword(s):  
Specific Role ◽  
Political Activity ◽  
Right Wing ◽  
Works Councils ◽  
Free Zone ◽  
Sensitive Issue ◽  
The Law ◽  
Works Council ◽  
A Company

Political statements by the works council are often a sensitive issue for companies - all the more so since right-wing lists have been on the rise in recent times. The Works Council Constitution Act (BetrVG) of 1952 already contained a ban on (party) political activity, which has since been amended several times and interpreted differently. By means of an analysis of the basic powers of the works councils as well as an interpretation of the of the law, the author shows that the workplace must be neither a politics-free zone nor a playground for agitators. Ultimately, the works council has a company-related mandate, while the employer is only affected by the ban in its specific role under works constitution law.

scholarly journals Gastronomic Metaphor in the Russian Pre-Revolutionary Parliamentary Discourse (based on Speeches by Right-Wing Deputies)

2020 ◽  
pp. 25-37 ◽  
Author(s):  
S. A. Gromyko
Keyword(s):  
Political Activity ◽  
Right Wing ◽  
Political Struggle ◽  
Digestion Process ◽  
Negative Appraisal ◽  
Quality Of Food ◽  
Semantic Aspect ◽  
Food Consumed

The results of a study of the semantics and functioning of the gastronomic metaphor in the Russian parliamentary discourse are presented in the article. Based on the material of the parliamentary discussion of the early twentieth century, the features of the functioning of metaphors, which are based on the associative similarity between political activity and food, the eating process are established. The author dwells in detail on the use of gastronomic metaphors by nationalist deputies in the course of discussions unfolding at meetings of the State Duma. The results of the classification of metaphors identified on the indicated material belonging to the “Food” sphere are presented. It was established that they can be divided into three groups according to the figurative component: metaphors with the literal meaning of absorbing or eating something, metaphors with the value of the quality of food consumed, metaphors with the value of the digestion process. It is concluded that in the semantic aspect, the gastronomic metaphor in the Russian parliamentary discourse expresses a persistent negative assessment, since it is associated with the semantics of extermination, destruction, deception ( to give a stone instead of bread ), abnormal physiological phenomena (hunger, overeating, indigestion). It is emphasized that in the functional aspect, the negative appraisal of the gastronomic metaphor made it possible to use it in parliamentary discourse as a means of political struggle with the aim of lowering the political assets of opponents.

scholarly journals Legal status of the company's share in own authorized capital under the Law of Ukraine “On limited and additional liability companies”: problems of legal regulation

2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK
Keyword(s):  
Legal Status ◽  
Limited Liability ◽  
General Meeting ◽  
Legal Regulation ◽  
Legal Nature ◽  
The Law ◽  
The Right ◽  
A Company ◽  
Authorized Capital ◽  
A Share

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.

scholarly journals Floating Charges and Trust Property in Scots Law: A Tale of Two Patrimonies?

2018 ◽  
Vol 22 (1) ◽  
pp. 1-28
Author(s):  
Alisdair D J MacPherson
Keyword(s):  
Charge Property ◽  
Legal Position ◽  
Trust Property ◽  
The Law ◽  
Trust Law ◽  
A Company

This article contains a doctrinal analysis of floating charges and trust property in Scots law. It uses the dual patrimony approach of trust law to interpret the floating charge's creation, attachment and enforcement, and thereby demonstrates that it is not possible under the current law to effectively charge property held by a company in trust. The application of the dual patrimony theory provides a broader foundation for explaining the current legal position and helps to integrate the floating charge into wider Scots law. The article also diagnoses issues that would need to be resolved if the law were to be successfully reformed to enable the charging of trust property. It shows that there are some ways in which the current law could facilitate such reform but that, in other respects, more substantial changes would be required.

scholarly journals KEPAILITAN BUMN YANG DIMOHONKAN ATAS DASAR HAK – HAK BURUH YANG TIDAK DIPENUHI

2019 ◽  
Vol 3 (1) ◽  
pp. 53-70
Author(s):  
Ardini Octaviarini
Keyword(s):  
Public Interest ◽  
The State ◽  
Labor Rights ◽  
Legal Certainty ◽  
Severance Pay ◽  
Control Regulation ◽  
State Owned Enterprise ◽  
The Law ◽  
The Government ◽  
A Company

BUMN are private corporate entities so that the laws governing Manpower are applicable to Law 13 of 2003. Therefore, the normative rights set forth in Law No. 13 of 2003 must be met by companies for their workers. These normative rights are, among others, when the Bankrupt Company, ie, a one time severance pay under the provisions of Article 156 Paragraph 2, severance pay for a one-time stipulation of Article 156 paragraph 3 and compensation pay pursuant to paragraph 156 4. Where there is labor rights is not fulfilled by a state-owned enterprise, workers may file for bankruptcy in the company, in its qualification as a Preferen creditor. Based on the research, the state-owned enterprises should be clearly stated in a company to protect the company's existing components in case of Bankruptcy, if the State participates, there must be at least 51% of the shares therein, so that the control, regulation and controlling functions performed the government is clear that the company's goals are achieved. It is necessary to have the same meaning / meaning as the state-owned enterprise which is engaged in public interest. Because of Article 2 paragraph 5 of Law No. 37 of 2004 with the explanation is not in line. Article 2 paragraph 5 of the Law on Bankruptcy refers to state-owned enterprises in the field of public interest, while in the explanation states that state-owned all state-owned capital and not divided into shares. Between the contents of the article and the explanation is not synchronized, then the provisions should be mentioned directly Perum, in order to achieve legal certainty.  

Der Begriff des Tochterunternehmens im Recht der Beteiligungstransparenz und im Übernahmerecht

2021 ◽  
Author(s):  
Jan Wildhirth
Keyword(s):  
Capital Market ◽  
Parent Company ◽  
The Law ◽  
Securities Trading ◽  
A Company ◽  
Group Law ◽  
Shed Light

Capital market players are regularly part of a group of companies. The classification of a company as a subsidiary has significant effects on the subsidiary and the parent company. In the law on transparency of shareholdings and takeover law, membership in such a group of companies is decided based on the concept of subsidiary in Section 35 (1) of the German Securities Trading Act (WpHG) and Section 2 (6) of the German Securities Acquisition and Takeover Act (WpÜG). These definitions are analysed in depth to shed light on capital market group law. The European foundations as well as the purpose of the regulations are particularly examined. Finally, the results found are verified by analyzing GmbH & Co. KG structures.

Does the Name of a Case Matter?

2021 ◽  
Vol 20 (3) ◽  
pp. 469-489
Author(s):  
Haris Jamil
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Fishing Vessel ◽  
International Commerce ◽  
Arbitral Award ◽  
The Subject ◽  
The Law ◽  
A Company

Abstract The arbitral award in The “Enrica Lexie” Incident (Italy v. India) brings to the fore the issue of assigning a name to a case. To contextualise India’s contention regarding the name, The “Enrica Lexie” Incident, in this article, I outline the law and practice regarding assigning names to cases by different international judicial bodies (ICJ, ITLOS, WTO and PCA). Examining India’s objection to the name, I argue that the name of the case does not capture the subject matter of the dispute accurately and emanates from the mainstream view of international law. The name prioritises an Italian flagged vessel, owned by a company engaged in international commerce and navigating under the protection of the Italian navy, over a fishing vessel owned by private individuals. The name reinforces a state-centric view of international law in which the victims of the incident do not picture.

25. Company insolvency proceedings

2019 ◽  
pp. 251-270
Author(s):  
J. Scott Slorach ◽  
Jason Ellis
Keyword(s):  
Financial Difficulties ◽  
The Law ◽  
Insolvency Proceedings ◽  
A Company ◽  
Company Insolvency

This chapter deals with the procedures available when a company is insolvent or facing financial difficulties. It also considers the ways in which insolvent partnerships can be subject to the same procedures as companies. The law relating to these matters is principally contained in the Insolvency Act 1986 (IA 1986) together with the Insolvency Rules 1986, as amended by the Insolvency Act 2000 and the Enterprise Act 2002. The insolvency legislation provides four procedures for companies in financial difficulties: administration, voluntary arrangement, receivership, and liquidation.

16. Membership and the incidents of membership

Company Law ◽  
2018 ◽  
Author(s):  
Brenda Hannigan
Keyword(s):  
The Law ◽  
Class Rights ◽  
A Company

This chapter discusses the law on membership and incidents of membership. Membership of a company is governed by Companies Act 2006 (CA 2006), The discussion in this chapter covers classes of shares, class rights, share transfer and transmission, and the register of members.

9. Share Capital

2020 ◽  
pp. 163-178
Author(s):  
Imogen Moore
Keyword(s):  
Financial Assistance ◽  
Capital Maintenance ◽  
Private Companies ◽  
Public And Private ◽  
Share Capital ◽  
Statutory Law ◽  
Questions And Answers ◽  
The Law ◽  
A Company

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on share capital for public and private companies. The doctrine of capital maintenance ensures that the company has raised the capital it claims to have raised; and that the capital is not subsequently returned, directly or indirectly, to the shareholders. There is a great deal of (mainly statutory) law surrounding this doctrine This chapter considers the capital maintenance doctrine itself and many related topics, including: the issue of shares for non-cash consideration, issue of shares at a discount, reduction of capital, purchase of a company’s own shares, redeemable shares, payment of dividends, and financial assistance by a company for the purchase of its own shares.

9. Share Capital

2018 ◽  
Author(s):  
Imogen Moore
Keyword(s):  
Financial Assistance ◽  
Capital Maintenance ◽  
Share Capital ◽  
Statutory Law ◽  
Questions And Answers ◽  
The Law ◽  
A Company

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter examines the law on share capital. The doctrine of capital maintenance ensures that the company has raised the capital it claims to have raised; and that the capital is not subsequently returned, directly or indirectly, to the shareholders. There is a great deal of (mainly statutory) law surrounding this doctrine This chapter considers the capital maintenance doctrine itself and many related topics, including: the issue of shares for non-cash consideration; issue of shares at a discount; reduction of capital; purchase of a company’s own shares; redeemable shares; payment of dividends; and financial assistance by a company for the purchase of its own shares.

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