Handelsgesetzbuch Gro Kommentar 2 105 237
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Die Mitgliedschaft In Der Insolvenz
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Author : Marc Deckers
language : de
Publisher: Nomos Verlag
Release Date : 2019-02-05
Die Mitgliedschaft In Der Insolvenz written by Marc Deckers and has been published by Nomos Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-02-05 with Law categories.
Seit Inkrafttreten des ESUG können im Rahmen eines Insolvenzplans nicht nur Sanierungsbeiträge von Gläubigern geregelt werden. Vielmehr können hierin auch Anteilsrechte geschaffen, aufgehoben und übertragen sowie Forderungen in Eigenkapitel umgewandelt werden. Erforderten entsprechende Maßnahmen bisher die Zustimmung der Anteilseigner, ist dies heute nicht mehr erforderlich. Häufig scheiden sie durch einen Insolvenzplan ganz aus der Gesellschaft aus. Der Verfasser zeigt auf, dass ein solches Verfahren zwar im Grundsatz nicht gegen verfassungs- und europarechtliche Vorgaben verstößt, diese aber bei der Anwendung und insbesondere bei der Bewertung der betroffenen Rechtspositionen zu beachten sind. Zugleich wird aufgezeigt, dass die vorgesehene Form der Beteiligung von Anteilseignern dem weiteren Ziel des ESUG, der Förderung frühzeitiger Insolvenzanträge zuwiderläuft.
Can Banks Still Keep A Secret
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Author : Sandra Booysen
language : en
Publisher: Cambridge University Press
Release Date : 2017-05-18
Can Banks Still Keep A Secret written by Sandra Booysen 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 2017-05-18 with Business & Economics categories.
An insight into bank secrecy in major jurisdictions, complemented by chapters on privacy, data protection, conflict of laws and exchange of information.
Boilerplate Clauses International Commercial Contracts And The Applicable Law
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Author : Giuditta Cordero-Moss
language : en
Publisher: Cambridge University Press
Release Date : 2011-03-17
Boilerplate Clauses International Commercial Contracts And The Applicable Law written by Giuditta Cordero-Moss 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 2011-03-17 with Law categories.
With the aim of creating an autonomous regime for the interpretation and application of the contract, boilerplate clauses are often inserted into international commercial contracts without negotiations or regard for their legal effects. The assumption that a sufficiently detailed and clear language will ensure that the legal effects of the contract will only be based on the contract, as opposed to the applicable law, was originally encouraged by English courts, and today most international contracts have these clauses, irrespective of the governing law. This collection of essays demonstrates that this assumption is not fully applicable under systems of civil law, because these systems are based on principles, such as good faith and loyalty, which contradict this approach.
A History Of Corporate Governance Around The World
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Author : Randall K. Morck
language : en
Publisher: University of Chicago Press
Release Date : 2007-11-01
A History Of Corporate Governance Around The World written by Randall K. Morck and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007-11-01 with Business & Economics categories.
For many Americans, capitalism is a dynamic engine of prosperity that rewards the bold, the daring, and the hardworking. But to many outside the United States, capitalism seems like an initiative that serves only to concentrate power and wealth in the hands of a few hereditary oligarchies. As A History of Corporate Governance around the World shows, neither conception is wrong. In this volume, some of the brightest minds in the field of economics present new empirical research that suggests that each side of the debate has something to offer the other. Free enterprise and well-developed financial systems are proven to produce growth in those countries that have them. But research also suggests that in some other capitalist countries, arrangements truly do concentrate corporate ownership in the hands of a few wealthy families. A History of Corporate Governance around the World provides historical studies of the patterns of corporate governance in several countries-including the large industrial economies of Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States; larger developing economies like China and India; and alternative models like those of the Netherlands and Sweden.
Multimodal Transport Law
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Author : Marian Hoeks
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Multimodal Transport Law written by Marian Hoeks and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
We only have to look around us on the road while we travel to work or home, or to use our eyes at a railway station to know that the transport of goods takes up a lot of the room our modern day infrastructures provide. Sometimes perhaps a little too much; nowadays congestion seems to be the rule rather than the exception. This is an uncomfortable side effect of the explosive growth freight transport has experienced the last few decades1. Modern day transport offers a considerable array of possibilities; possibilities that are for the most part taken for granted by the general public that enjoys their benefits. The average European would not be surprised to learn that the fruit on offer in the local supermarket originates from another continent for instance. The idea that most of the things we use in our daily routine stem from a distant source, such as a cell phone from Japan, a trendy pair of designer jeans made in China or a glass of Australian wine, seems completely natural to us. Clearly the contemporary transport industry offers us a lot of benefits besides such discomforts as congestion and pollution. In earlier times, before machinery such as the steam engine had been invented it was hardly cost effective or even feasible when it came to perishables to carry goods halfway around the world if they were not at least valuable and extraordinary2. The limitations set on trade by the transport structures available did more however than simply curtail the range of affordable products on offer for the public. They also had a negative effect on the location of the industry, limited transport possibilities and forced production to take place near or in heavily populated areas to secure the necessary workforce and market possibilities. After all, industrial decentralisation is only feasible if there is an infrastructure capable of supporting a cost effective movement of goods and employees3 ...
Eu Investor Protection Regulation And Liability For Investment Losses
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Author : Marnix Wallinga
language : en
Publisher: Springer Nature
Release Date : 2020-10-30
Eu Investor Protection Regulation And Liability For Investment Losses written by Marnix Wallinga and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-10-30 with Law categories.
This book examines the relationship between the EU investor protection regulations enshrined in MiFID and MiFID II and national contract and torts law. It describes how the effect of the conduct of business rules as implemented in national financial supervision legislation in private law extends to the issue of enforcement, and critically assesses this interaction from the perspective of EU law. In particular, the conclusions identified in the book will deepen readers’ understanding of the interplay between the conduct of business rules and private law norms governing a firm’s liability to pay damages, such as duty of care, attributability of damage, causation, contributory negligence and limitation. In turn, the book identifies the subordination and the complementarity model to conceptualise the interaction between the conduct of business rules and private law norms. Moreover, the book challenges the view that civil courts are – or should be – forced to give private law effects to violation of the MiFID and MiFID II conduct of business rules in line with the subordination model. Instead, the complementarity model is advanced as the preferred approach to this interaction in view of what MiFID and MiFID II require from Member States in terms of their implementation, as well as the desirability of each model. This model presupposes that courts should consider the conduct of business rules when adjudicating individual disputes, while preserving the autonomy of private law norms governing liability of investment firms towards clients. Based on analysis of case law of courts in Germany, the Netherlands and England & Wales, as well as scholarly literature, the book also compares the available causes of action, the conditions of liability and the obstacles investors face when claiming damages, as well as how and the extent to which investors can benefit from the conduct of business rules in clearing these obstacles. In so doing, under the approach adopted by national courts to the interplay between the conduct of business rules of EU origin and private law, the book shows how investors can benefit from the influence of these rules on private law norms. In closing, it demonstrates a hybridisation of private law remedies resulting from the accommodation of the conduct of business rules into the private law discourse according to the complementarity model, illustrating how judicial enforcement through private law means may contribute to investor protection.
Elgar Encyclopedia Of Comparative Law Second Edition
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Author : J. M. Smits
language : en
Publisher: Edward Elgar Publishing
Release Date : 2012-01-01
Elgar Encyclopedia Of Comparative Law Second Edition written by J. M. Smits and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-01-01 with Law categories.
Acclaim for the first edition: ïThis is a very important and immense book. . . The Elgar Encyclopedia of Comparative Law is a treasure-trove of honed knowledge of the laws of many countries. It is a reference book for dipping into, time and time again. It is worth every penny and there is not another as comprehensive in its coverage as ElgarÍs. I highly recommend the Elgar Encyclopedia of Comparative Law to all English chambers. This is a very important book that should be sitting in every university law school library.Í _ Sally Ramage, The Criminal Lawyer Containing newly updated versions of existing entries and adding several important new entries, this second edition of the Elgar Encyclopedia of Comparative Law takes stock of present-day comparative law scholarship. Written by leading authorities in their respective fields, the contributions in this accessible book cover and combine not only questions regarding the methodology of comparative law, but also specific areas of law (such as administrative law and criminal law) and specific topics (such as accident compensation and consideration). In addition, the Encyclopedia contains reports on a selected set of countriesÍ legal systems and, as a whole, presents an overview of the current state of affairs. Providing its readers with a unique point of reference, as well as stimulus for further research, this volume is an indispensable tool for anyone interested in comparative law, especially academics, students and practitioners.
The Cisg
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Author : Peter Huber
language : en
Publisher: Walter de Gruyter
Release Date : 2009-04-27
The Cisg written by Peter Huber and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04-27 with Law categories.
"... there is a lack of a clear and simple exposition of the CISG for students and practitioners. That is the role of the current book, which it fills admirably. All of the issues that have been raised in the cases and the literature are considered, but without excessive detail. This is a book that will do much to make the CISG an easily understandable text for all users, student and pracitioner alike." Preface by Professor Eric E. Bergsten
Comparative Corporate Governance
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Author : Klaus J. Hopt
language : en
Publisher: Oxford University Press
Release Date : 1998
Comparative Corporate Governance written by Klaus J. Hopt and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Business & Economics categories.
"This book goes back to a symposium held at the Max Planck Institute for Foreign Private and Private International Law in Hamburg on May 15-17 1997"--P. [v].
Transfer Of Movables In German French English And Dutch Law
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Author : Lars Peter Wunibald van Vliet
language : en
Publisher:
Release Date : 2000
Transfer Of Movables In German French English And Dutch Law written by Lars Peter Wunibald van Vliet and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2000 with Conditional sales categories.
The subject-matter of this book is the transfer of movable property in German, French, English and Dutch law. Of particular importance is the division into the three main types of transfer system: the causal consensual system, the causal tradition system and the abstract tradition system. Here two dividing lines intertwine: the distinction between causal and abstract systems and the distinction between consensual and tradition systems. Often the existence of three different transfer systems is seen as a complicating factor in harmonizing European private law. Yet, the book demonstrates that the division between consensual systems and tradition systems and the division between causal and abstract systems are not unbridgeable.