A Desconsidera O Da Personalidade Jur Dica E A Aplicabilidade No Processo Falimentar
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A Desconsidera O Da Personalidade Jur Dica E A Aplicabilidade No Processo Falimentar
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Author : Tadeu Santos Cardoso
language : pt-BR
Publisher: Editora Dialética
Release Date : 2023-08-25
A Desconsidera O Da Personalidade Jur Dica E A Aplicabilidade No Processo Falimentar written by Tadeu Santos Cardoso and has been published by Editora Dialética this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-08-25 with Law categories.
O cerne da presente pesquisa é verificar a aplicação da desconsideração da personalidade jurídica na prática judiciária e examinar o tracejar das linhas hermenêuticas com vistas a possibilitar que a aplicação se perfaça respeitando os princípios constitucionais, que ditam a interpretação infraconstitucional, examinando-se a vertente prescrita pela Lei no 14.112/20. O problema, assim, consiste em buscar interpretações que se coadunem com a constitucionalização norteadora do Direito Privado, bem como permitam a maior efetividade no cotidiano forense. Diante de tal problemática, entende-se como hipótese mais factível que a desconsideração se apresenta em consonância com as diretrizes da Carta Cidadã, devendo o intérprete, lastreado pelo princípio hermenêutico da máxima efetividade, buscar extrair da disposição normativa maior plexo de efeitos, respeitados os limites do texto infraconstitucional e evitando que a regra em liça torne-se inútil do ponto de vista jurídico, expropriando-a dos desdobramentos possíveis e passíveis de desenvolvimento na prática forense. Por fim, a pesquisa tem como objetivo buscar soluções viáveis para evitar o empeço à aplicação do tradicional instituto na dinâmica da insolvência, dispondo acerca dos meios e alternativas para que se concretize uma aplicação mais efetiva com fincas no alicerce pontilhado.
The Nature Of The Common Law
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Author : Melvin Aron Eisenberg
language : en
Publisher: Harvard University Press
Release Date : 1991-10
The Nature Of The Common Law written by Melvin Aron Eisenberg and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1991-10 with Law categories.
Common law rules predominate in some areas of law, such as torts and contracts, and are extremely important in other areas, such as corporations. Nevertheless, it has been unclear what principles courts use—or should use—in establishing common law rules. In this lucid book, Melvin Eisenberg develops the principles that govern this process.
Revista Forense
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Author : Estevão L. de Magalhães Pinto
language : pt-BR
Publisher:
Release Date : 2004
Revista Forense written by Estevão L. de Magalhães Pinto and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
The Logic And Limits Of Bankruptcy Law
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Author : Thomas H. Jackson
language : en
Publisher: Beard Books
Release Date : 2001
The Logic And Limits Of Bankruptcy Law written by Thomas H. Jackson and has been published by Beard Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
A careful analysis of the fundamentals of bankruptcy law.
Corporate Insolvency Law
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Author : Vanessa Finch
language : en
Publisher: Cambridge University Press
Release Date : 2002-09-12
Corporate Insolvency Law written by Vanessa Finch and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-09-12 with Business & Economics categories.
Vanessa Finch provides an interesting look at corporate insolvency laws and processes. She adopts an interdisciplinary approach to place two questions at the centre of her discussion. Are current UK laws and procedures efficient, expert, accountable and fair? Are fundamentally different conceptions of insolvency law needed for it to develop in a way that serves corporate and broader social ends? Topics considered in this wide-ranging book include different ways of financing companies, causes of corporate failure and prospects for designing rescue-friendly processes. Also examined are alternative asset distribution of failed companies, allocations of insolvency risks and effects of insolvency on a company's directors and employees. Finch argues that changes of approach are needed if insolvency law is to develop with coherence and purpose. This book will appeal to academics and students at advanced undergraduate and graduate level, and to legal practitioners throughout the common law world.
Orderly And Effective Insolvency Procedures
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Author : International Monetary Fund
language : en
Publisher: International Monetary Fund
Release Date : 1999-08-02
Orderly And Effective Insolvency Procedures written by International Monetary Fund and has been published by International Monetary Fund this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-02 with Business & Economics categories.
Written by IMF's Legal Department, this book outlines the key issues involved in designing and implementing orderly and effective insolvency procedures, which play a critical role in fostering growth and competitiveness and may also assist in the prevention and resolution of financial crises. The book draws on lessons learned from firsthand experience by some of the IMF's 182 member countries. It includes an analysis of the major policy choices that countries need to address when designing an insolvency system, a discussion of the advantages and disadvantages of these choices, and a number of specific recommendations.
The Little Book Of Plagiarism
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Author : Richard A. Posner
language : en
Publisher: Pantheon
Release Date : 2009-03-12
The Little Book Of Plagiarism written by Richard A. Posner and has been published by Pantheon this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-03-12 with Social Science categories.
A concise, lively, and bracing exploration of an issue bedeviling our cultural landscape–plagiarism in literature, academia, music, art, and film–by one of our most influential and controversial legal scholars. Best-selling novelists J. K. Rowling and Dan Brown, popular historians Doris Kearns Goodwin and Stephen Ambrose, Harvard law professor Charles Ogletree, first novelist Kaavya Viswanathan: all have rightly or wrongly been accused of plagiarism–theft of intellectual property–provoking widespread media punditry. But what exactly is plagiarism? How has the meaning of this notoriously ambiguous term changed over time as a consequence of historical and cultural transformations? Is the practice on the rise, or just more easily detectable by technological advances? How does the current market for expressive goods inform our own understanding of plagiarism? Is there really such a thing as “cryptomnesia,” the unconscious, unintentional appropriation of another’s work? What are the mysterious motives and curious excuses of plagiarists? What forms of punishment and absolution does this “sin” elicit? What is the good in certain types of plagiarism? Provocative, insightful, and extraordinary for its clarity and forthrightness, The Little Book of Plagiarism is an analytical tour de force in small, the work of “one of the top twenty legal thinkers in America” (Legal Affairs), a distinguished jurist renowned for his adventuresome intellect and daring iconoclasm.
Economic Analysis Of The Law
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Author : Donald A. Wittman
language : en
Publisher: John Wiley & Sons
Release Date : 2008-04-15
Economic Analysis Of The Law written by Donald A. Wittman and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-04-15 with Business & Economics categories.
Providing students with a solid grounding in the economic analysis of the law, this reader brings together edited versions of diverse and challenging journal articles into a unified collection. Chosen to provoke thought and discussion, these carefully streamlined articles apply economic theories to many aspects of the law, from intellectual property, corporate finance, and contracts to property rights, family law, and criminal law. Provides real-life examples and implications of economic theory. Creates a unified vision of the law, showing the interconnections between the various fields. Covers a broad range of topics, from intellectual property and corporate finance to family and criminal law. Encourages intuitive understanding and applications of the economic principles, due to reduced mathematical content.
Comparative Foundations Of A European Law Of Set Off And Prescription
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Author : Reinhard Zimmermann
language : en
Publisher: Cambridge University Press
Release Date : 2002-06-27
Comparative Foundations Of A European Law Of Set Off And Prescription written by Reinhard Zimmermann and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-06-27 with Law categories.
The emergence of a European private law is one of the great issues on the legal agenda of our time. Among the most prominent initiatives furthering this process is the work of the Commission on European Contract Law. The essays collected in this 2002 volume have their origin within this context. They explore two practically very important topics which had hitherto been largely neglected in comparative legal literature: set-off and 'extinctive' prescription (or limitation of actions). Professor Zimmermann lays the comparative foundations for a common approach which may provide the basis for a set of European principles. At the same time, the essays provide practical examples of the arguments that can be employed in the process of harmonising European private law on a rational basis. They explore topics such as the comparative experiences in the various modern legal systems and the direction in which the international development is heading.
European Cross Border Insolvency Regulation
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Author : Jona Israël
language : en
Publisher: Intersentia nv
Release Date : 2005
European Cross Border Insolvency Regulation written by Jona Israël and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Bankruptcy categories.
This book presents a comprehensive analysis of the regulation of cross-border insolvencies in Europe. Council Regulation 1346/2000 on Insolvency Proceedings forms the natural focal point of such a study. However, while this book explores in detail the background, legal basis as well as the substance of the Regulation, it also contains an examination of the Regulation from two wider perspectives: that of international cross-border insolvency regulation and Community law. The approach adopted by the Regulation to the problems raised by cross-border insolvency forms part of a paradigmatic shift at the global level. The 'struggle over jurisdiction' - the natural state of affairs under the old principles of 'universality & territoriality' - is increasingly being replaced by co-operation between the jurisdictions involved. The Regulation must be understood against the backdrop of these new cooperative approaches, including the UNCITRAL Model Law and ancillary proceedings. Doing so, this book argues that the co-operative framework of the Regulation is limited and may ultimately not suffice to realise the efficient and effective cross-border proceedings it is aiming for. Although the Regulation is an exponent of this global shift towards cooperation, the legal context in which it operates is nevertheless very different. Community law, as an autonomous legal order, has limited the private international law autonomy of Member States and generated a comitas Europaea. This book argues that Community law and its comitas must be taken seriously. They are an important source of principles to guide courts in the interpretation and application of the Regulation and may reinforce and expand the co-operative mechanisms of the Regulation. Jona Israel obtained his LL.M. at the University of East Anglia, Norwich in 1994 and graduated at the University of Maastricht in 1995. From 1995 to 1998 he was researcher at the European University Institute in Florence, Italy. Since 1998 he has been lecturer at the University of Maastricht, teaching private international law, insolvency law and commercial law.