Der Kündigungsschutz des besonderen Vertreters eines Vereins

2019 ◽  
Author(s):  
Sven Lochelfeldt
Keyword(s):  
Limited Liability ◽  
Civil Code ◽  
Legal Person ◽  
Legal Representative ◽  
Executive Board ◽  
Legal Entity ◽  
Scope Of Application ◽  
The Subject ◽  
The Law ◽  
Dismissal Protection

While the law only stipulates a representative body for both German GmbHs (limited liability companies) and AGs (joint-stock companies), such as the managing director or the executive board, § 30 of the BGB (Germany’s civil code) provides for a further body in addition to the executive board, which can be appointed to represent an association: the special representative. The focus of this investigation is the question of whether the special representative, as an organ of a legal entity, can fall within the personal scope of application of the ‘Dismissal Protection Act’ (KSchG). However, since the special representative is an organ of an association, the applicability of general protection against dismissal could be opposed by § 14 (1), no. 1 of the KSchG, according to which general protection against dismissal does not apply to the members of the organ appointed to legally represent a legal person. Whether and under which conditions the special representative falls under § 14, para. 1, no. 1 of the KSchG as a legal representative is the subject of this investigation.

scholarly journals DESCONSIDERAÇÃO DA PERSONALIDADE JURÍDICA NA LEI ANTICORRUPÇÃO

Percurso ◽  
2019 ◽  
Vol 2 (29) ◽  
pp. 28
Author(s):  
Ana Lúcia BARELLA ◽  
Sandro Mansur GIBRAN
Keyword(s):  
Legal Person ◽  
Legal Entity ◽  
The Subject ◽  
The Law

RESUMO A pesquisa a seguir se propõe a analisar a Desconsideração da Personalidade Jurídica prevista na Lei 12.846/2013. O estudo iniciar-se-á com a análise da pessoa jurídica e suas teorias e seguirá à Desconsideração da Personalidade Jurídica abordando seu histórico e teorias; em seguida será alvo desta pesquisa a Lei Anticorrupção e a previsão que contém sobre os atos lesivos que a pessoa jurídica não deve cometer sob pena de ser desconsiderada; por fim, este estudo pretende relacionar o instituto da Desconsideração da Personalidade Jurídica à previsão expressa encontrada na Lei em comento. Para tanto serão analisadas diversas bibliografias acerca dos temas. PALAVRAS-CHAVE: Pessoa Jurídica; Desconsideração da Personalidade Jurídica; Lei Anticorrupção. ABSTRACTThe following research proposes to analyze the Disregard of Legal Entity provided for in Law 12.846 / 2013. The study will begin with the analysis of the legal person and its theories and will follow the Disregard of the Legal Entity addressing its history and theories; then the Anti-Corruption Law will be the subject of this research and the prediction it contains about the unlawful acts that the legal entity should not commit, otherwise it will be disregarded; finally, this study intends to relate the Institute of Disregard of Legal Entity to the express prediction found in the Law in the comment. For this purpose, several bibliographies about the themes will be analyzed. KEYWORDS: Legal Person; Disregard of Legal Entity; Anti-Corruption Law.

scholarly journals Juridical Review Of Nominee Agreement In Land Of Tenure Property Rights Under The Book Of Civil Law And Agraria

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 441
Author(s):  
Indah Esti Cahyani ◽  
Aryani Witasari
Keyword(s):  
Property Rights ◽  
Legal System ◽  
Civil Law ◽  
Civil Code ◽  
Good Faith ◽  
Freedom Of Contract ◽  
Related Statement ◽  
The Subject ◽  
The Law ◽  
Legal Consequences

Nominee agreement is an agreement made between someone who by law can not be the subject of rights to certain lands (property rights), in this case that foreigners (WNA) and Indonesian Citizen (citizen), with the intention that the foreigners can master land de facto property rights, but legal-formal (de jure) land property rights are assigned to his Indonesian citizen. The purpose of this paper isto assess the position of the nominee agreement in Indonesia's legal system and the legal consequences arising in terms of the draft Civil Code and the Law on Agrarian. Agreement is an agreement unnamed nominee made based on the principle of freedom of contract and good faith of the parties. However, it should be noted that the law prohibits foreigners make agreements / related statement stock wealth / property (land) for and on behalf of others, sehingga the legal consequences of the agreement is the nominee of the agreement is not legally enforceable because the agreement was made on a false causa.Keywords: Nominee Agreement; Property Rights; Foreigners.

scholarly journals MODERN LEGISLATION REGULATING STATUS OF LEGAL ENTITY

THE BULLETIN ◽  
2021 ◽  
Vol 2 (390) ◽  
pp. 250-255
Author(s):  
K. S. Zhylkichieva ◽  
A. A. Kalybaeva ◽  
G. Zh. Koshokova
Keyword(s):  
Civil Law ◽  
Criminal Code ◽  
Civil Code ◽  
Kyrgyz Republic ◽  
Legal Entity ◽  
Analysis And Synthesis ◽  
The Status ◽  
The Law ◽  
General Regulation ◽  
Legal Entities

The article analyzes using the normative and systematic methods, as well as analysis and synthesis, the content of the statements of Constitution of the Kyrgyz Republic, Civil Code of the Kyrgyz Republic, Criminal Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic «About Normative Legal Acts of the Kyrgyz Republic», the Law of the Kyrgyz Republic «On the Regulations of the Jogorku Kenesh of the Kyrgyz Republic» and the works of the legal scholars. It examined the provisions of laws adopted for general regulation and concludes they are serious problems, because of them there is a "blurring" of the contour of the legislation on legal entities in the article. The publication supports the opinion of the authors of the Concept for Development, according to which the regulation of the status of legal entities in the civil legal field can be characterized by a set of the laws and regula-tions in force in the Kyrgyz Republic, which do not always correspond to each other, as well as to the Civil Code. The low legal and technical level and ineffectiveness in practice are also shown by some adopted laws. It noted the Civil Code of the Kyrgyz Republic, adopted on May 8, 1996, created the new foundation for the regulation of legal entities, which was supplemented by many new laws over the next decades in the article. The authors come to the conclusion the fairly honest assessment can be applied to the established regulation – that with the main vector of development of the Concept of Civil Legislation in Kyrgyzstan, in general, there is an economic, social and well-grounded the logic and generally justifiable modern civil law in relation to legal entities. But at the same time, for many problems, correct solutions have not yet been found and no efficiency ratings have been given.

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.  

Down the Danube: The Vienna Convention on the Law of Treaties and the Case Concerning the GabcïKovo-Nagymaros Project

1998 ◽  
Vol 47 (4) ◽  
pp. 837-854 ◽  
Author(s):  
Daniel Reichert-Facilides
Keyword(s):  
International Law ◽  
Practical Importance ◽  
Vienna Convention ◽  
International Court Of Justice ◽  
Customary International Law ◽  
National Courts ◽  
International Court ◽  
Scope Of Application ◽  
The Subject ◽  
The Law

Over the last 30 years, the Vienna Convention on the Law of Treaties1 has emerged as one of the most influential instruments of modern international law. The Convention, which was adopted at the UN Conference on the Law of Treaties on 23 May 1969, entered into force on 27 January 1980 and has meanwhile been ratified by more than 80 States.2 Yet, as it does not operate retroactively,3 the scope of application is growing only slowly and its practical importance stems, rather, from the fact that the Convention is widely considered a restatement of customary international law. As early as 1971 the International Court of Justice referred to the articles governing termination for breach of treaty as a codification of the existing law on the subject.4 Since then both international tribunals and national courts have more and more habitually relied on the material provisions of the Convention to ascertain traditional rules of the law of treaties.5

scholarly journals Konsep Badan Hukum Perhimpunan Baitul Maal Wat Tamwil (BMT) Sebagai Penguatan Hukum Ekonomi Kerakyatan

2019 ◽  
Vol 19 (2) ◽  
pp. 233
Author(s):  
Erisa Ardika Prasada ◽  
Joni Emirzon ◽  
K.N Sofyan Hasan
Keyword(s):  
Economic Activity ◽  
General Rule ◽  
Civil Code ◽  
Legal Research ◽  
Legal Entity ◽  
Legal Norms ◽  
Legal Principles ◽  
Gradual Process ◽  
The Law ◽  
The Government

Baitul Maal wat Tamwil (BMT) was established and developed with a gradual process of legal legality, namely BMT in which its legal entity was not yet known, BMT that had not had a legal entity, and BMT that had a diverse legal entity. This writing aimed at analyzing the concept of legal strengthening of BMT in Indonesia. This type of legal research was normative legal research on legal principles and legal systematics. Based on the discussion, it was concluded that BMT could be a legal entity because it had fulfilled the requirements requested by legislation, namely the general rule of Article 1653 of the Civil Code which stated that in addition to genuine civil fellowship, the law also recognized assembly of people as legal entity, both held or recognized by the government, or the assembly was accepted as permitted, or had been established for a specific purpose that was not contrary to law or good morality. Juridical considerations for BMT institutions were legal legality for every sharia economic activity and the variety and partial legal norms of BMT.

scholarly journals Category «public service» as a scientific research object

2018 ◽  
Vol 6 (4) ◽  
pp. 14-19
Author(s):  
T. V. Serohina
Keyword(s):  
Public Service ◽  
Social Life ◽  
Public Services ◽  
Point Of View ◽  
Legal Person ◽  
Management Service ◽  
Public Authorities ◽  
Administrative Services ◽  
The Subject ◽  
The Law

The article is devoted to the study of the development of the concept of «public service» in an independent Ukraine. It was found out that since the beginning the concept of «management service» is one of the most widespread. From a legal point of view, a management service is the creation of organizational conditions for the realization of the right by a citizen or another subject of administrative-legal relations. Instead from the point of view of public administration, «management service» is a result of the functional activity of the state body in the development and implementation of state policy on the regulation of a particular sector of the economy or social life. It was established that in addition was used concepts of the similar content, which amplified the terminological uncertainty. As a result, an approach has been developed in which the services of public authorities are divided into four groups: state, municipal, administrative and public. In this approach, public services are divided into state and municipal, depending on the subject of the service, administrative services are provided both by executive authorities and local self-government. The only kind of public services found in the regulatory framework is administrative services. In the Law of Ukraine «On Administrative Services», the term administrative service is used as a result of exercising power by the subject of the providing of administrative services on the application of a natural or legal person, aimed at acquiring, changing or terminating the rights and / or duties of such person in accordance with the law. The process of formation, the concept of «public services» in independent Ukraine can be divided into four stages, the first of which is the stage of domination in the national scientific thought of the concept of «management services». The second stage is the division of services into separate groups - state, municipal, administrative, and all of these groups belong to one group of public services. The third stage (ongoing to date) is characterized by the consolidation and final formulation of the term «public services» as the basic concept of the system of providing services by public authorities. The fourth stage can only be predicted, nevertheless, it is essentially a logical continuation of these three stages, when the legal fixing of the concept takes place.

scholarly journals Substitution of debtor in obligatory legal relationships

1970 ◽  
pp. 188-195
Author(s):  
Ievgen Riabokon
Keyword(s):  
Civil Law ◽  
Civil Code ◽  
Basic Factor ◽  
Wide Area ◽  
Legal Entity ◽  
Critical Attitude ◽  
Judicial Practice ◽  
The Subject ◽  
Mutual Obligation ◽  
Property Complex

The author pays attention to the issues of the dynamics of obligatory relationships, providing the possibility of their participants’ substitutions. It is noted that the content of the current civil legislation of Ukraine creates grounds for identifying the notions of “substitution of the debtor in the obligation” and “transfer of debt”, which is unacceptable. The author draws a distinction between these notions, alleges that the transfer of debt is only one of the reasons for the substitution of the debtor in the obligation.        Due to the fact that a basic factor that resulted a perception of the synonymy of the notions “replacement of debtor” and “translation of debt” is an imperfect formulation of Art. 520 of Civil Code of Ukraine, in a perspective legislation it is necessary substantially to extend the grounds of replacement of debtor in an obligation.        It is expedient to define in text of this norm, which one legal facts, that entail legal succession, also result in replacement of debtor in an obligation. These facts may include: inheritance, reorganization of legal entity by confluence, joining, division and transformation, allotment that is not the type of reorganization by the law, agreement on transfer of debt.      The grounds for replacing the debtor (in part of transferring debts) should be considered a transfer of contract providing for the transfer of rights and obligations in a mutual obligation; acquisition of rights of the enterprise as a single property complex, which may include debts under part 2 of Art. 191 Civil Code of Ukraine; changing the owner of the thing that is the subject of the contract, as a result of which the acquirer becomes the assignee of the party both in terms of rights and duties (part 4 of article 358, part 1 of article 770 of the Civil Code of Ukraine); other grounds defining features of the succession of obligations.          A critical attitude was expressed regarding the expediency of introducing into civil law such a ground for replacing a debtor as accepting a debt. It is argued that acceptance of a debt can be understood as an extremely wide area of different legal relationships, that could be associated with substituting the previous debtor with a new one and causing succession, or aiming at changes in the subjects, not connected with the substituting of the debtor and not causing the emergence of the succession. Attention is paid to the peculiarities of judicial practice in the field of application of the legislation on the substitution of a debtor in obligations.

scholarly journals LEI ANTICORRUPÇÃO: NECESSIDADE E APLICABILIDADE

Percurso ◽  
2019 ◽  
Vol 1 (28) ◽  
pp. 226
Author(s):  
Andreia Azevedo de Lima WADA
Keyword(s):  
Ethical Behavior ◽  
Growth And Development ◽  
Legal Person ◽  
Legal Entity ◽  
Illegal Acts ◽  
The Law

RESUMOO presente artigo tem como escopo a análise da Lei Anticorrupção, busca-se verificar a sua necessidade e aplicabilidade, bem como verificar algumas criticas com relação aos dispositivos constante na lei. Resulta necessário descrever brevemente o cenário de surgimento desta lei, e verificar a sua necessidade de aplicação, descrever algumas formas de prevenção da corrupção com a utilização de algumas práticas como a implantação de métodos como compliance, e dispor sobre algumas críticas que esta Lei sofreu. Utilizando-se a metodologia para o desenvolvimento o dedutivo, bibliográfico. A importância do estudo deriva do fato de que a prática de ilícitos por pessoa jurídica traz consigo diversas negativas de crescimento e desenvolvimento para uma nação, e para isso o combate a esta prática precisa ser legalmente reconhecido e aplicado, com isso a Lei Anticorrupção tem um papel fundamental para buscar a responsabilidade da pessoa jurídica e a tipologia dos atos ilícitos, para que se possam aplicar as devida sanções, almejando o comportamento ético e cumprimento dos seus deveres jurídicos.PALAVRAS-CHAVE: Lei Anticorrupção; Compliance; Corrupção nas Empresas. ABSTRACT The purpose of this article is to analyze the Anti-Corruption Law, to verify its necessity and applicability, as well as to verify some critics regarding the devices contained in the law. It is necessary to briefly describe the scenario of the emergence of this law, to verify its need for application, to describe some forms of prevention of corruption with the use of some practices such as the implementation of methods such as compliance, and to provide some criticisms that this Law suffered. Using the methodology for the development of the deductive, bibliographic. The importance of the study stems from the fact that the practice of illicit by a legal person brings with it several negatives of growth and development for a nation, and for that the fight against this practice needs to be legally recognized and applied, with that the AntiCorruption Law has a a fundamental role for seeking the responsibility of the legal entity and the typology of illegal acts, so that appropriate sanctions can be applied, aiming at ethical behavior and compliance with their legal duties. KEYWORDS: Anti-Corruption Law; Compliance; Corruption in Companies.

scholarly journals On the court jurisdiction in case of litigation between entrepreneurs

2019 ◽  
Vol 13 (1) ◽  
pp. 655-662
Author(s):  
Cristina Cojocaru
Keyword(s):  
Supreme Court ◽  
Legal Framework ◽  
Civil Code ◽  
High Court ◽  
Application Of Law ◽  
Territorial Jurisdiction ◽  
Specialized Courts ◽  
The Subject ◽  
The Law ◽  
Practical Implications

Abstract According to the Romanian legislation, the parties may agree in writing that the disputes concerning goods and other rights deriving from the non-performance of the contract be judged by other courts that, according to the law, would have territorial jurisdiction to hear the case, unless the competence of the court is exclusive. By decision no. 18/2016 the Romanian High Court of Cassation and Justice, through the competent division to judge the appeal in the interest of the law, decided that in matters of procedural substantive (material) jurisdiction of the specialized courts, the competence of the specialized courts is determined depending on the object or the nature of disputes such as those considered examples by art. 226 paragraph 1 of Law no. 71/2011 on the application of Law no. 287/2009 on Civil Code. Considering also this decision, the article aims to analyze the practical implications of another recent decision of the Romanian supreme court, namely Decision no. 561/2018, on the competence of the specialized court in litigations between entrepreneurs and, without claiming to cover extensively the subject, to offer a view on the Romanian current legal framework, on the court jurisdiction and the notion of professional, underlining the freedom of entrepreneurs or professionals of choosing the relevant court.

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