61,298 results on '"Commercial Law"'
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2. Capital Raising in Florida -- It's a New Ballgame.
- Author
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Blair, Willard A., Cohn, Stuart R., and Weigel III, Russell C.
- Subjects
- *
CAPITAL investment laws , *LEGISLATIVE reform , *BUSINESS finance , *INVESTOR protection , *COMMERCIAL law - Abstract
The article discusses the legislative reform of business capital funding measures in Florida. Topics explored include the amendment of the Florida Securities and Investor Protection Act through collaboration between the Business Law Section of The Florida Bar and the Florida Office of Financial Regulation (OFR), the way the reform strengthened the anti-fraud and licensing provisions of the law, and the reduction in the small company offering registration (SCOR) filing fee in the region.
- Published
- 2024
3. MAJORITY RULES.
- Author
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Verstein, Andrew
- Subjects
- *
CORPORATION law , *CORPORATE directors , *DEMOCRACY , *COURTS , *COMMERCIAL law - Abstract
The "disinterested and independent majority" is one of the most important concepts in corporate law. Corporate actions are almost immune to legal challenge if a suitable majority of directors stands ready to approve it. Scholars have extensively debated the proper meaning and effect of "disinterested and independent," but no such literature analyzes "majority." As a matter of arithmetic, how do we compute whether a given set of directors contains a suitable majority? While seemingly innocuous, the concept of a majority means different things to different courts. Indeed, there may be no majority rule for majority independence. The Article charts and analyzes a puzzle somehow undiscovered, though at the heart of a field. In so doing, it asks questions important to debates far afield of corporate law. Majority rules matter for flawed democracies everywhere. [ABSTRACT FROM AUTHOR]
- Published
- 2024
4. Piercing the corporate veil post-Prest.
- Author
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Yiu, Pui Ting Florence
- Abstract
While the lack of any coherent principle in veil-piercing has been apparent even before
Prest v Petrodel Resources Limited , this essay argues that the status of the law was neither aided nor clarified by Sumption SJC's introduction of the concealment-evasion principle inPrest . This, accompanied by the narrowed scope of veil-piercing as a last resort remedy, has significantly discouraged its application, especially when difficulty in the concealment/evasion categorisation arises. It is therefore suggested that courts of other jurisdictions should take into account the far-reaching implications ofPrest before applying the concealment-evasion principle merely because it originated from a UK Supreme Court decision. [ABSTRACT FROM AUTHOR]- Published
- 2024
- Full Text
- View/download PDF
5. Impressum.
- Subjects
BUSINESS valuation ,COMMERCIAL law ,LABOR laws ,LEGAL liability ,GOVERNMENT liability - Abstract
Copyright of Internationales Handelsrecht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
6. Extent of illicit cigarette sales in Nepal: findings from a retail survey.
- Author
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Shakya, Sangita, Lamichhane, Anjana, Karki, Pranav, Gurung, Jaya Kumar, and Pradhan, Pranil Man Singh
- Subjects
COMMERCIAL law ,TAXATION economics ,POLICY sciences ,CRIME ,RESEARCH funding ,SALES personnel ,DESCRIPTIVE statistics ,RURAL conditions ,METROPOLITAN areas ,TOBACCO products ,DRUGS of abuse - Published
- 2024
- Full Text
- View/download PDF
7. An Innovation-Based Industrial Policy for the EU.
- Author
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Veugelers, Reinhilde
- Subjects
BUSINESSPEOPLE ,PATENT offices ,COMMERCIAL law ,GOVERNMENT policy ,UNIVERSITY rankings ,VENTURE capital ,INDUSTRIAL productivity - Abstract
The article explores the challenges and opportunities of transitioning to clean technologies in the EU, emphasizing the importance of innovation-based industrial policies. It discusses the need to balance economic growth, job creation, decarbonization, and security of supply, as well as the role of public-private partnerships in driving innovative investments. The text also addresses the EU's lag in business innovation compared to the US and China, advocating for a more directed approach to industrial policy. Academic articles and reports included cover topics such as the evaluation of the Four Freedoms in Europe, the impact of green technology initiatives on inflation and industry, and strategies for achieving net zero emissions and enhancing research and innovation within the European Union. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
8. Sexual Violence And Its Relationship With Human Trafficking And The Provisions Of Commercial Law.
- Author
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Siahaan, Nomensen Freddy and Wati, Agustina
- Subjects
HUMAN trafficking ,SEXUAL assault ,COMMERCIAL law ,SEX workers ,INTERDISCIPLINARY research - Abstract
This research discusses the phenomenon of sexual violence related to the practice of human trafficking and how the provisions of commercial law play a role in this context. Sexual violence is often part of the exploitation experienced by victims of human trafficking, where women and children are the most vulnerable groups. This study highlights how trade law regulations, both national and international, can affect human trafficking practices and efforts to prevent and enforce sexual violence. This analysis involves a multidisciplinary approach, combining legal, social, and economic aspects to provide a comprehensive understanding of the relationship between sexual violence, human trafficking, and commercial law. The results of this study are expected to contribute to the development of more effective policies in preventing and tackling human trafficking and protecting victims of sexual violence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
9. Business Law in an Aerospace Perspective in Indonesia.
- Author
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Maharani, Charity Ega
- Subjects
BUSINESS success ,TECHNOLOGICAL innovations ,AEROSPACE industries ,COMMERCIAL law ,COVID-19 pandemic - Abstract
This scientific article aims to analyze in depth the problems and challenges faced by the aerospace industry in Indonesia from the perspective of business law. This research will use a qualitative approach to deeply understand the legal issues affecting the aerospace industry. This approach allows researchers to explore the experiences, views, and interpretations of various stakeholders. This research method is designed to explore and analyze the legal aspects of business in the aerospace industry in Indonesia. The main focus is on understanding how regulations and laws affect operations and compliance in the industry and how they impact airlines, aircraft operators, and passengers. The results of this study from the researcher's perspective provide an insight and reference where the importance of adaptive business models and flexible regulations in the aviation industry is important. Technological innovations such as electric aircraft and drones offer the potential to improve efficiency and sustainability, but they require the right regulatory support. On the other hand, customer satisfaction remains key to business success, especially through responsiveness to complaints and adjustment to changing expectations due to global events such as COVID-19. Collaboration between all stakeholders is needed to create an environment that supports growth and innovation in the industry. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
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10. U.S. Supreme Court Unanimously Rules Federal Arbitration Act Requires Federal Courts to Issue a Stay, Where Requested, When Lawsuits Involve an Arbitrable Dispute.
- Author
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Adelsperger, Ryan R., Dye, Elizabeth J., Winograd, Max A., and Sills, Robert L.
- Subjects
UNITED States Arbitration Act ,ARBITRATION & award ,CIVIL procedure ,COMMERCIAL law ,LEGAL judgments - Abstract
In this article, the authors explain that following the Supreme Court's decision in Smith v. Spizzirri, once a district court finds that arbitration is compelled and a stay is entered, an appeal cannot be initiated until after the conclusion of the arbitration. [ABSTRACT FROM AUTHOR]
- Published
- 2024
11. Inventing Venice:An Urban and Environmental Innovation Model from the Lagoon City
- Author
-
Hindle, Richard
- Subjects
patent innovation ,landscape ,urbanization ,environment ,Law ,Commercial law ,Private law and civil obligations - Abstract
Innovation in physical urban infrastructure is a vital component of citymaking in an era of sea level rise, climate change, and rapid urbanization.Venice pioneered an urban and environmental innovation model in the 14thand 15th century, successfully negotiating the cities complex geography andthe sociotechnical processes that characterized Renaissance urbanism. Areview of early inventor rights issued in the city suggests that the process ofpatent innovation facilitated urbanization of the Venetian lagoon throughdevelopment of advanced drainage, dredge, irrigation, and reclamation infrastructure,essential to the city’s survival. In addition to granting patentsfor new inventions, the Venetian government established expert review forproposed inventions, supported prototyping and testing for untried technologies,and used patent rights to attract experts with novel inventionsfrom across Italy and Europe. These processes, in addition to the extensivedossier of patents issued in Venice, substantiate the primacy of innovationin the process of urbanization and revel an urban innovation model. Patentlaw later spread along Venetian trade routes through Europe, where theywere also employed in economic modernization, and the construction ofurban and regional infrastructure. Interestingly, similar process can laterbe observed throughout Europe and the United States as patent rights wereconstitutionalized.
- Published
- 2023
12. Corporate Tax Avoidance and Debt Costs
- Author
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Shevlin, Terrence, Urcan, Oktay, and Vasvari, Florin
- Subjects
Corporate Tax Avoidance ,Public Debt Yields ,Bank Loan Spreads ,Path Analysis ,Accounting ,Auditing and Accountability ,Accounting ,auditing and accountability ,Banking ,finance and investment ,Commercial law - Abstract
We use path analysis to investigate how corporate tax avoidance is priced in bond yields and bank loan spreads. We find that approximately one half of the total effect of tax avoidance on bond yields is explained through the negative effect of tax avoidance on future pre-tax cash flow levels and volatility and, to a lesser extent, lower information quality. The effects of these mediating variables are much less pronounced for bank loan spreads. The results of additional cross-sectional analyses indicate that, relative to bond investors, banks are able to reduce information asymmetry problems more effectively, given their access to firms’ private information and greater ability to monitor borrowers.
- Published
- 2023
13. Regulation as Retrospective Ethnography
- Author
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Maurer, WM
- Subjects
Law ,Banking ,finance and investment ,Commercial law - Abstract
Often, we ask: how can regulation mitigate risk? What might happen if instead we ask: what does regulation tell us about socially situated action? This article poses a thought experiment along these lines. The emerging conversation about regulation and the risks of mobile financial services has been relatively silent on a ubiquitous set of things people do with cash and coin not limited to the strictly economic functions of these media. Adding mobile into the mix of people's existing; highly complex monetary practices has the potential to create new risks -- but also new opportunities for product design and smarter regulation. This paper describes the social uses of mobile phones and cash from different cultural contexts, including proscriptions regarding the disclosure of certain transactions, and multi-person sharing of money and mobiles. It then reflects on how we might understand regulation as an account of people's practices and experiences, an account we might set alongside other forms of data on use cases for mobile and money. It argues that the risks identified by the regulators, rather than hindering innovation or frightening off developers, might instead inspire user-oriented solutions for mobile money, and for mobile money as part of, not a replacement for, the user's world of diverse social currencies.
- Published
- 2023
14. Lawbreaking as Lawmaking.
- Author
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Kang, Michael
- Subjects
- *
ENTREPRENEURSHIP , *COMMERCIAL law , *PUBLIC opinion , *NON-contentious jurisdiction - Abstract
The article explores how companies like Uber and Lyft, through "regulatory entrepreneurship," challenge existing regulations by operating without prior government approval, betting on public support to secure legal authorization. Topics include how these companies exploit regulatory gray areas, the role of public opinion in influencing regulatory changes, and the tension between innovation and traditional regulatory frameworks.
- Published
- 2024
15. Artificial Intelligence: The Future of Pedagogy.
- Author
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Mattalo, Brandon
- Subjects
- *
GENERATIVE artificial intelligence , *ARTIFICIAL intelligence , *EDUCATION ethics , *EFFECTIVE teaching , *COMMERCIAL law , *STUDENT cheating - Abstract
While it is important to research the negative impact of generative artificial intelligence on academic integrity, academics should focus most of their efforts on the opportunities these technologies present for improving pedagogical practices. In this note, I attempt to flip the narrative from one of fear to one of opportunity. I suggest that academics should research the use of generative AI to improve teaching effectiveness and efficiency. I offer various practical suggestions on how these tools can be used to advance pedagogical practices, with specific business law examples. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
16. The Learning Power of Testing.
- Author
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Kunkel, Richard G.
- Subjects
- *
LAW teachers , *RETRIEVAL practice , *LEARNING , *COMMERCIAL law - Abstract
For many professors, testing is primarily a tool for assessing the learning of students. However, research into the "testing effect" has established the value of testing also as a learning tool, not just as an assessment tool. This article provides an overview of this research and also of my own experiences in using a variety of testing approaches. Based on these experiences, the article offers a process for adopting testing as a learning tool, along with a review of design choices. By increasing their use of testing in business law instruction, business law professors will improve learning. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
17. La giurisprudenza eurounitaria a presidio della giustizia contrattuale
- Author
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Filippo Maisto
- Subjects
Commercial law ,K1000-1395 - Abstract
SOMMARIO: 1. Le competenze giurisdizionali sulle quali s’innesta(effettivamente o virtualmente) il ruolo “creativo” della Corte di giustizia UE nella formazione del diritto contrattuale uniforme. – 2. Le sentenze della Corte di giustizia UE che individuano le pretese intersoggettive azionabili dalle parti di un contratto tramite un’interpretazione “adeguatrice” del diritto eurounitario derivato e (per la proprietà transitiva) del diritto interno di recepimento. – 3. Le sentenze della Corte di giustizia UE dalle quali affiora l’opportunità di desumere i diritti/poteri e obblighi/doveri dei contraenti da un’applicazione “diretta” dei principi fondanti dell’Unione europea. – 4. La maggior rispondenza alle sfide poste dalla globalizzazione di un sistema giurisdizionale di applicazione (soprattutto) “indiretta” dei principi eurounitari a competenza diffusa/multilevel, il quale si sviluppi con la tecnica dei precedenti di principio, rispetto ad un sistema, a competenza accentrata, basato sulla configurazione di precedenti- regola.
- Published
- 2024
18. Tutela anticipatoria tra iscrizione, cancellazione e riduzione dell’ipoteca
- Author
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Cristina Asprella
- Subjects
Commercial law ,K1000-1395 - Abstract
SOMMARIO: 1. Tutela anticipatoria e iscrizione di ipoteca giudiziale: la delimitazione dell’analisi – 2. Iscrizione dell’ipoteca giudiziale con provvedimento d’urgenza alla luce della giurisprudenza. – 3. La cancellazione dell’iscrizione ipotecaria. – 4. Il dibattito sull’utilizzabilità del provvedimento anticipatorio tra iscrizione e riduzione e conclusioni.
- Published
- 2024
19. Il consumatore di alimenti tra adeguatezza dell’informazione e sovraccarico cognitivo
- Author
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Sonia Carmignani
- Subjects
Commercial law ,K1000-1395 - Abstract
SOMMARIO: 1. Premessa. – 2. Il parametro dell’adeguatezza. – 3. Adeguatezza e sovraccarico cognitivo. Il consumatore di alimenti come figura a geometria variabile.
- Published
- 2024
20. Le conseguenze processuali dell’omessa, o tradiva, trascrizione del pignoramento immobiliare o dell’omesso, o tradivo, deposito del documento che la dimostra
- Author
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Luca Prendini
- Subjects
Commercial law ,K1000-1395 - Published
- 2024
21. Transnational res judicata in international commercial disputes and potential influences for BRI dispute resolution.
- Author
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Teo, Jim Yang
- Subjects
- *
RES judicata , *ESTOPPEL , *CONFLICT of laws , *COMMERCIAL law , *FOREIGN judgments , *INTERNATIONAL arbitration - Abstract
Res judicata plays an important role in the management of complex cross-border commercial disputes. Courts and tribunals are increasingly required to grapple with the application of res judicata on the basis of a prior determination from a different, and potentially unfamiliar, legal system. These considerations come even more alive in the context of the ambitious transnational project of the Belt & Road Initiative. This paper critically examines the Singapore Court of Appeal's decision in Merck Sharp & Dohme Corp v Merck KgGA, which offers a cooperative vision of transnational res judicata that strikes a balance between comity and mutual trust between national legal systems, and each system's own sovereign and constitutional responsibilities and interests. The paper also considers the potential influences of Merck's unique transnational vision for the BRI dispute resolution ecosystem. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
22. THE APPLICATION BASIS OF INTERNATIONAL TRADE LAW RULES BEFORE NATIONAL JUDICIARY: A JORDANIAN LEGAL PERSPECTIVE.
- Author
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Rayyan, Ihab Fahmi, Abu Hazeem, Mohammad Shaher, and Alamawi, Mohammad Ali
- Subjects
INTERNATIONAL trade ,INTERNATIONAL trade disputes ,DIALECTIC ,JUSTICE administration ,JUDGES ,COMMERCIAL law ,CONTRACTS ,CONFLICT of laws - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
23. Alumnos de Derecho avanzan en el Diploma in Commercial Law de University of London.
- Subjects
- *
CRIMINAL justice system , *LEGAL procedure , *ADMINISTRATIVE law , *COMMERCIAL law , *JUDICIAL independence , *DIPLOMAS (Education) - Abstract
The Faculty of Law at the University of Montevideo has been recognized as a teaching center of the University of London for the Commercial Law Diploma. The first generation of students has successfully passed the first subject of the diploma, and several students from the second cohort have been accepted to start their studies next year. Additionally, the experience of two students who participated in an exchange program at Delaware Law School is highlighted, where they expanded their knowledge from various perspectives. The publication of a book by Professor Santiago Pereira Campos on judicial independence worldwide is also mentioned. The Faculty of Law at the University of Montevideo organized an international colloquium on Procedural Law, Innovation, and Justice, which was attended by national experts and experts from Brazil. Conferences on the challenges of the Uruguayan criminal justice system and the third Administrative Law conference were also held. [Extracted from the article]
- Published
- 2024
24. Legal Protection for Small and Medium Enterprises (SMEs) in Facing Unfair Business Competition.
- Author
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Lestari, Putri Indah, Wardi, Basujata, Tatang, Rahman, Alip, and Dikrurahman, Diky
- Subjects
SMALL business ,UNFAIR competition ,COMMERCIAL law ,LAW enforcement ,SUSTAINABLE development - Abstract
In the context of toxic business competition, this research investigates the legal protection of Micro, Small, and Medium Enterprises (MSMEs) in Indonesia, particularly in partnerships with large corporations. The primary emphasis is on the implementation of Law Number 5 of 1999, which prohibits monopolistic practices and unfair business competition, and Law Number 20 of 2008, which pertains to small and medium-sized enterprises. Data was collected from literature studies, pertinent regulations, and in-depth interviews with relevant stakeholders using a qualitative approach and a case study design. The research results show that although the legal framework already exists, effective implementation still requires improvement. MSMEs face various challenges in partnerships with large companies, including access to resources and greater risks in business transactions. Recommendations are prepared to strengthen legal protection through regulatory revisions, strengthening legal institutions, legal education, developing partnerships, and stricter law enforcement. The main aim is to increase fairness in business relations between MSMEs and large companies, as well as support inclusive and sustainable economic growth in Indonesia. It is hoped that the implications of this research can provide a positive contribution in renewing policies that support the development of MSMEs as the backbone of the national economy. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
25. Perlindungan Hukum Penggunaan Hak Atas Merek Pierre Cardin (Studi kasus Putusan No.15/Pdt.Sus.Merek/2015/PN. Niaga.Jkt.Pst).
- Author
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Moha, Adisty Padmavati, Lie, Gunardi, and Syailendra, Moody Rizqy
- Subjects
COMMERCIAL courts ,DISPUTE resolution ,JUDGES ,COMMERCIAL law ,BRANDING (Marketing) - Abstract
Copyright of Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) is the property of Dinasti Publisher and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
26. La factura como título valor electrónico en Colombia.
- Author
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POLO SERRANO, ÓSCAR GIAMPIERO
- Subjects
NEGOTIABLE instruments ,ELECTRONIC billing ,COMMERCIAL law ,ELECTRONIC instruments ,LEGAL instruments - Abstract
Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
27. LA MIPYMES. ANÁLISIS DESDE EL DERECHO SOCIETARIO, REALIDAD CUBANA.
- Author
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Antúnez SÁNCHEZ, Alcides, Noguera FERNÁNDEZ, Albert, and Federici GOMES, Magno
- Subjects
BUSINESSPEOPLE ,COMMERCIAL law ,PRIVATE companies ,LEGAL norms ,CORPORATION law ,PAYROLL deductions - Abstract
The article carries out an analysis of the private entrepreneur and its conversion as a Limited Liability Company in Corporate Law, how it has been introduced into the Cuban legal system from its origins, characteristics as a new economic actor, elements that distinguish MSMEs, legal nature, social order conceived for the execution of commercial activities in joint trade acts with the public company, mandated from the constitutional text of 2019, in the update of the new Cuban social economic model. The methods used were the analysis, synthesis of materials from Commercial Law to break down the information, the logical history of the stages of Corporate Law of the SRL, induction deduction to deduce and arrive at elements of value judgments, the legal exegetical, the bibliographic review of materials on MSMEs, and the legal comparison of legal norms on the constitutive process of the commercial company. The analysis of the normative regulation of the MIPYMES in Cuba, as an actor in the productive development for its contribution to the generation of jobs, in the number of companies and, for its weight in the GDP of the country. Required preferential tax treatment, facilities for access to financial credit by the Bank, entities that oversee its development and promotion, that regulate the diversity of legal forms that they adopt as businesses in the legal system such as SRL, SURL or SL in attention to the Commercial Code and substantive law, and the need to issue a Business Law, which sets out the boundaries and demarcations with the public company. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
28. Finnimore & Fisher Inc. v. Town of New Shoreham, 291 A.3d 977 (R.I. 2023).
- Author
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Gibilisco, Austin F.
- Subjects
COMMERCIAL law ,PRELIMINARY injunctions ,STATUTORY interpretation ,ROAD safety measures ,BUSINESS licenses - Published
- 2024
29. LOOKING BACK AT THE COMPETITION LAW CHALLENGES 2024 CONFERENCE.
- Author
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Mňuk, Jiří, Kupčík, Jan, and Kopárek, Šimon
- Subjects
LANGUAGE models ,RENT (Economic theory) ,DATA protection laws ,COMMERCIAL law ,LOCAL delivery services ,PERSONALLY identifiable information - Abstract
This summary provides an overview of the Competition Law Challenges 2024 conference held at Charles University in Prague. The conference aimed to stimulate discussion on current topics in competition law and regulation. Keynote speakers discussed the importance of conferences for public debate and outlined planned legislative changes. Panel discussions covered topics such as anti-competitive agreements, sectoral regulation in technology sectors, and procedural issues. The conference aimed to contribute to the development and improvement of competition law in the Czech Republic. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
30. PROBLEMATIKA NEPOMENOVANÝCH ZMLÚV V OBČIANSKOM PRÁVE A ICH UZATVÁRANIE S POHĽADOM DE LEGE FERENDA.
- Author
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JAVÚREKOVÁ, ERIKA DUBAJOVÁ
- Subjects
OBEDIENCE (Law) ,COMMERCIAL law ,CIVIL law ,LEGAL reasoning ,ROMAN law - Abstract
One of the key branches of private law is the law of contractual obligations. In addition to innominate contracts, which are most often used in practice, a category of innominate contracts and a special category was created, the category of so-called mixed contracts. In practice, innominate contracts are a tool frequently used to anchor contractual relationships in all spheres of life. The institution of innominate contracts is not a new one; it is based on the principle of dispositional autonomy, which is known to have already existed in ancient Roman law. In the Slovak Republic, there are two codes, one specifically regulating civil law and the other regulating commercial law. Civil law in the Slovak Republic is regulated in the Civil Code, which regulates the natural persons’ mutual rights and obligations. In contrast, commercial law, which is regulated separately in the Commercial Code, regulates the mutual rights and obligations of legal persons, and the rights and obligations that exist between natural persons and legal persons. This means that the institution of innominate contracts is found in the Slovak Republic not only in civil law but also in commercial law, i.e., in two legal codes, when the subjects of obligation-law relations are dependent on the use of analogy-based legal reasoning due to the absence of contractual types when regulating the rights and obligations of the various subjects of their obligations. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
31. RULES ON FAMILY ENTERPRISE IN CZECH LAW.
- Author
-
JANKŮ, MARTIN and MAREK, KAREL
- Subjects
SMALL business ,FAMILY-owned business enterprises ,COMMERCIAL law ,DOMESTIC relations ,BUSINESS enterprises - Abstract
For more than two decades the family business enterprises of the first generation (generation of founders) are more and more dominant in the category of today’s Small and Medium-sized Enterprises in the Czech Republic. The necessary legal background defining the legal relationships and rights of all participating persons was, however, limited to general provisions in the Commercial Code that hasn’t solved many of the problems associated thereto. Only in 2012, the new Czech Civil Code, Act. No 89/2012 Sb., introduced the institute of a family enterprise as a completely new institute in Czech Civil law. The present paper aims to analyse the key rules of the existing legal regulation, focusing on significant aspects of the institute in the context of commercial law and family law, as well as to highlight the potential weaknesses in the regulation itself. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
32. DEVELOPMENT OF E-COMMERCE TRANSACTIONS AND ITS INFLUENCE ON LABOR ABSORPTION.
- Author
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Pujiyanto, Rahmat and Ratnasih, Cicih
- Subjects
YOUNG adults ,ELECTRONIC commerce ,DIGITAL technology ,ONLINE shopping ,COMMERCIAL law - Abstract
Global online retail is experiencing rapid growth, as reflected in the value of e-commerce, which is estimated to have grown by over 230 percent to $4.48 trillion, or Rp60.467 trillion, in 2021, from just $1.8 trillion in 2014. Online shopping has now become a popular pastime worldwide, particularly among young people. In addition to exciting new experiences, the prices of purchased items are also cheaper compared to traditional shopping. This sort of research is qualitative, utilizing secondary data obtained through literature reviews and statistical data. The research findings indicate that the value of e-commerce grew by over 230 percent to $4.48 trillion, or Rp60.467 trillion, in 2021, from just $1.8 trillion in 2014. In 2020 alone, the total turnover of the Asian continent reached $1.7 trillion USD. Moreover, this growth is projected to continue increasing in 2025, with an expected 51% increase to $2.5 trillion. China had sales of $1.3 trillion and is projected to grow to nearly $2 trillion by 2025. These figures exceed sales in Europe and North America. In 2020, the turnover of the European continent was $460 billion and North America was $588 billion. These values are significantly lower compared to China's sales. E-commerce in Indonesia also experienced strong growth since the beginning of 2020 due to the pandemic. The trading business grew by around 33% in 2020, and its main value increased rapidly from Rp 253 billion to Rp 337 billion. The role of business law in e-commerce transactions applies similarly to other purchasing and trading activities. With regulations in place regarding this matter, legal certainty is provided for the conduct of electronic transactions in Indonesia and internationally. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
33. European market oversight reforms: a critical look at types and objectives of intervention.
- Author
-
Katsoulacos, Yannis
- Subjects
LAW reform ,COMMERCIAL law ,REFORMS ,GOVERNMENT policy ,DATA privacy - Abstract
This article discusses recent reforms in European market oversight, specifically focusing on Significant and Sustainable Market Power (SSMP) in big tech digital markets. The reforms aim to address concentration and market power, with economists generally agreeing on their necessity. However, there are dissenting voices and concerns about potential stifling of innovation and reduced welfare. The article explores the complexities and challenges of implementing these reforms, including the trade-offs between fairness and welfare, the difficulties in creating effective interfaces for designated gatekeeper platforms, and the debate between welfarist and non-welfarist standards in competition law. The importance of consumer welfare and the potential inclusion of other objectives, such as fairness and innovation, are also considered. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
34. Platform regulation beyond DSA and DMA: Which role for the P2B Regulation?
- Author
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Busch, Christoph
- Subjects
ELECTRONIC commerce ,COMMERCIAL law - Abstract
The article discusses the role of the P2B Regulation in the European Union's regulatory framework for the platform economy. While the Digital Markets Act (DMA) and Digital Services Act (DSA) have received more attention, the P2B Regulation is seen as a complement to these regulations. The P2B Regulation aims to ensure fairness and transparency in the platform economy, including smaller niche platforms. However, effective enforcement is crucial for the P2B Regulation to fulfill its role. The article suggests that public enforcement is necessary and highlights the need for coordination between the enforcement of the P2B Regulation, DMA, and DSA. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
35. THE PROMISE AND THE LAW—PART I: ESTABLISHING THE RELATIONSHIP BETWEEN PROMISE KEEPING AND CONTRACT LAW.
- Author
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TICE, BEN
- Subjects
CONTRACTS ,PROMISE (Law) ,SOCIAL institutions ,ECONOMICS ,COMMERCIAL law - Abstract
Many accounts of contract law are promise based, however, these accounts fail to treat The Promise as a tangible social institution. Also, legal realist and law and economic accounts of contract law fail to acknowledge that The Promise exists at all. Using scholarship from political economy, this Article shows that The Promise and contract law are distinct entities. This differs from promissory accounts which treat contracts as a subspecies of promises. This gap in the scholarship matters because the existence of The Promise raises important normative considerations that existing accounts cannot accommodate by failing to address the existence of The Promise. [ABSTRACT FROM AUTHOR]
- Published
- 2024
36. Financial fair play and competitive (im)balance in the Greek Super League.
- Author
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Manoli, Argyro Elisavet
- Subjects
SPORTSMANSHIP ,SOCCER tournaments ,SPORTS finance ,SOCCER teams ,COMMERCIAL law - Abstract
Copyright of Corporate Governance & Research & Development Studies is the property of FrancoAngeli srl and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
37. نظرية الشركة الفعلية: تطبيقها على ماضي الشركة ومستقبلها.
- Author
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أسامة إبراهيم ال and عبد الرزاق عمر جا
- Subjects
GOOD faith (Law) ,CORPORATION law ,COMMERCIAL law - Abstract
Copyright of Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
38. Escape the Professor's Office: An Exercise of Collaboration and Game‐Play.
- Author
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Aikey, Kylie S.
- Subjects
- *
ESCAPE rooms , *CLASSROOM activities , *GROUP work in education , *COMMERCIAL law , *COLLEGE teachers - Abstract
This teaching note illustrates how escape rooms can be utilized as a tool to teach or review business law concepts, encourage student collaboration, and provide an opportunity for gameplay. Escape rooms can be adapted to any topic, made asynchronous, and scaled up to accommodate larger groups. This note also describes the value of incorporating gameplay and collaborative pedagogy activities into the classroom and gives a complete overview of everything needed to complete "Escape the Professor's Office." [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
39. A Metacognitive Teaching Intervention to Overcome Student Misunderstandings About Negligence.
- Author
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Leach, Judd L., Leach, Lesley F., and Post, Kyle
- Subjects
- *
LAW students , *BUSINESS students , *COMMERCIAL law , *NEGLIGENCE , *STUDENTS - Abstract
Negligence can be a difficult concept for business law students to understand, likely due to faulty schemas and naïve theories formed by their prior experiences. In this article, we describe a metacognitive teaching intervention used in a business law course to potentially overcome students' misconceptions regarding negligence. On average, students who received the teaching intervention experienced greater growth in their understanding of negligence than students who did not receive the teaching intervention. These initial results provide support for the development of additional metacognitive strategies to overcome student obstacles to understanding negligence. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
40. Why and How to Include Comparative Law Examples in Today's Business Law or Legal Environment Course.
- Author
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Murphy, Tonia Hap
- Subjects
- *
CONTRACTS , *FOREIGN study , *COMMERCIAL law , *EMINENT domain , *ENVIRONMENTAL law - Abstract
Increasing numbers of international students attend American universities. Many study business. This article advocates comparative law examples in an introductory Business Law or Legal Environment course, toward signaling respect and inclusion to international students and fostering in American students critical thinking and a global mindset. The article provides background on comparative law and suggestions for how to incorporate comparative law examples on the jury system, eminent domain, defamation, contract law, and employment at‐will. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
41. PENGARUH GLOBALISASI TERHADAP PEREKONOMIAN DITINJAU DARI HUKUM NIAGA.
- Author
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Harianti, Isnin, Fahamsyah, Ermanto, and Sari, Nuzulia Kumala
- Abstract
Economic globalization has brought significant changes in the commercial law order and the world economy. This study aims to analyze the influence of globalization on commercial law and the Indonesian economy, focusing on emerging challenges and opportunities. Through qualitative approaches and literature studies, this research reveals that globalization introduces new dynamics in commercial law that require regulatory and policy adaptation. The results show that globalization provides opportunities for market expansion and investment, but also creates intense competition that affects local businesses. Based on the Endogenous Growth Theory and Kuznets Hypothesis, this study recommends a progressive and inclusive commercial law strategy to optimize the benefits of globalization for national economies, while protecting domestic interests. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
42. Data Repurposing through Compatibility: A Computational Perspective.
- Author
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Niblett, Anthony
- Subjects
DECISION making in law ,GENERAL Data Protection Regulation, 2016 ,DATA protection laws ,TRAVEL agents ,COMMERCIAL law - Abstract
The article discusses the concept of data repurposing and its compatibility with the original purpose of collecting personal data. It explores the question of whether a new purpose is compatible with the original purpose and how this can be quantified or automated. The article also examines the importance of users' reasonable expectations and system behavior changes in determining compatibility. It argues for a broad definition of repurposing that includes algorithm changes, data distribution shifts, and data merging. The article raises questions about the harm that the General Data Protection Regulation (GDPR) seeks to address and the role of data-driven analysis in legal decision-making. [Extracted from the article]
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- 2024
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43. القانون الواجب التطبيق على عقود الاستثمار النفطي.
- Author
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سيف هادي عبد الله and سامح صبري جاسم ال
- Subjects
APPLICABLE laws ,CONTRACTS ,COMMERCIAL law ,INTERNATIONAL competition ,FOREIGN investment laws - Abstract
Copyright of Journal of Anbar University for Law & Political Sciences is the property of Republic of Iraq Ministry of Higher Education & Scientific Research (MOHESR) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
44. Legal Advisors and Family Business Owners: A Transaction Cost Understanding of "the Ownership Contract".
- Author
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Haag, Kajsa, Almlöf, Hanna, Madsen, Marina B., and Neville, Mette
- Subjects
FAMILY-owned business enterprises ,TRANSACTION costs ,FAMILY business succession ,SMALL business ,COMMERCIAL law ,LEGAL instruments - Abstract
Family business owners are dependent on legal advice to control ownership changes and uphold a functional balance between owners. This advice spans both family law and business law. However, family business owners are found to underutilize the legal instruments available, especially for small- and medium-sized enterprises. We explore the market for legal advice provided to family business owners. Our findings describe specific ownership costs that decrease owners' willingness and ability to contract. This avoidance of ex ante costs puts the owners at risk of extensive ex post costs that could ultimately jeopardize the business. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
45. OPERATIONS OUTSIDE THE SCOPE OF VALUE ADDED TAX: A POSSIBLE ANALYSIS OF THE PORTUGUESE WINE SECTOR.
- Author
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de Moraes e Soares, Ricardo, Heliodoro, Paula, Martins, Vanda, and Oliveira, Carla
- Subjects
VALUE-added tax ,WINE industry ,CORPORATION law ,COMMERCIAL law ,TAX laws ,PARTNERSHIP agreements - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)
- Published
- 2024
- Full Text
- View/download PDF
46. Violation of Constitutional Freedoms by Preventing Access to Content and Websites.
- Subjects
FREEDOM of expression ,MARKETING ,LEGAL norms ,LEGAL documents ,STUDENT suspension ,COMMERCIAL law ,SAFETY regulations - Abstract
The article discusses the violation of constitutional freedoms in Turkey through the prevention of access to content and websites. It argues that these provisions restrict freedom of expression and the freedom to work and establish private enterprises, as guaranteed by the Constitution. However, it also acknowledges that there are legitimate aims for these restrictions, such as protecting consumers and maintaining the orderly functioning of markets. The Turkish Constitutional Court has declared certain provisions of the Law on Consumer Protection invalid, as they were found to contravene articles of the Turkish Constitution that protect fundamental rights, freedom of expression, and the freedom to work and establish private enterprises. The Court found that these provisions did not uphold the principle of necessity and did not provide alternative, less restrictive measures. The decision will come into effect nine months after its publication in the Official Gazette. The given text discusses a case before the Turkish Constitutional Court regarding the annulment of certain sentences in the Law on the Protection of Consumers. The sentences in question pertain to penalties for breaching advertising regulations and the authority of the Advertising Board. The Constitutional Court decided to annul some of the sentences and gave Parliament nine months to make a new regulation. The decision is in line with previous judicial practice and emphasizes the importance of proportionality and alternative measures in blocking access to content and websites. The legislature now has the opportunity to revise content removal/blocking provisions or introduce a notification system. [Extracted from the article]
- Published
- 2024
- Full Text
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47. Closing the Legal-Technical Gap in Digital Trade.
- Author
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Joneidy, Sina, Rahimian, Farzad, and Arciszewski, Tomasz
- Subjects
INTERNET marketing ,COMMERCIAL policy ,TECHNOLOGICAL innovations ,COMMERCIAL law - Abstract
As digital trade continues to reshape the global economic landscape, the key objective of this study is to bridge a significant Legal-Technical gap characterised by the discord between rapid technological advancements and slower-evolving legal frameworks. This paper delves into the complexities of this gap and emphasises the need for a holistic approach to understand and address the multifaceted challenges it presents to businesses, policymakers, and the broader international trading system. This research offers a novel theoretical foundation for exploring and bridging the Legal-Technical gap in digital trade. Initially, it discusses the integration of legal and technical knowledge systems, which leads to the emergence of specific transdisciplinary knowledge as described by Andrew Sage's Theory of Systems. Subsequently, it explores the acquisition of universal knowledge about these systems through Herman Dooyeweerd's multi-aspectual philosophy. Furthermore, it proposes the development of a transdisciplinary knowledge representation using Fritz Zwicky's Morphological Method. Our analysis reveals that focusing on lingual, social, economic, and aesthetic aspects enables the prioritisation of critical factors essential for enhancing legal-technical functionality. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
48. CISG Advisory Council Opinion No. 1 (Revised): Electronic Communications under CISG
- Author
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CISG Advisory Council
- Subjects
Commercial law ,K1000-1395 - Abstract
The CISG AC started as a private initiative which was founded and supported by Albert H Kritzer Executive Secretary of the Institute of International Commercial Law at Pace University School of Law and the Centre for Commercial Law Studies, Queen Mary, University of London. The International Sales Convention Advisory Council (CISG-AC) is in place to support understanding of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the promotion and assistance in the uniform interpretation of the CISG. At its formative meeting in Paris in June 2001, Prof. Peter Schlechtriem of Freiburg University, Germany, was elected Chair of the CISG-AC for a three-year term. Dr. Loukas A. Mistelis of the Centre for Commercial Law Studies, Queen Mary, University of London, was elected Secretary. The founding members of the CISG-AC were Prof. Emeritus Eric E. Bergsten, Pace University School of Law, Prof. Michael Joachim Bonell, University of Rome La Sapienza, Prof. E. Allan Farnsworth, Columbia University School of Law, Prof. Alejandro M. Garro, Columbia University School of Law, Prof. Sir Roy M. Goode, Oxford, Prof. Sergei N. Lebedev, Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation, Prof. Jan Ramberg, University of Stockholm, Faculty of Law, Prof. Peter Schlechtriem, Freiburg University, Prof. Hiroo Sono,Faculty of Law, Hokkaido University, Prof. Claude Witz, Universität des Saarlandes and Strasbourg University. Members of the Council are elected by the Council. At subsequent meetings, the CISG-AC elected as additional members Prof. Pilar Perales Viscasillas, Universidad Carlos III, Madrid; Prof. Ingeborg Schwenzer, University of Basel; Prof. John Y. Gotanda, Villanova University; Prof. Michael G. Bridge, London School of Economics; Prof. Han Shiyuan, Tsinghua University and Prof. Yeşim Atamer, Istanbul Bilgi University, Turkey, Prof. Ulrich G. Schroeter, University of Mannheim, Germany, Prof. Lauro Gama Jnr, Pontifical Catholic University, Justice Johnny Herre, Justice of the Supreme Court of Sweden, Prof. Harry M. Flechtner, University of Pittsburgh, Prof. Sieg Eiselen, Department of Private Law of the University of South Africa, Prof. Edgardo Muñoz López, Universidad Panamericana, Guadalajara, México, and Assoc. Prof. Lisa Spagnolo, Macquarie University. Prof. Jan Ramberg served for a three-year term as the second Chair of the CISG-AC. At its 11th meeting in Wuhan, People's Republic of China, Prof. Eric E. Bergsten of Pace University School of Law was elected Chair of the CISG-AC and Prof. Sieg Eiselen of the Department of Private Law of the University of South Africa was elected Secretary. At its 14th meeting in Belgrade, Serbia, Prof. Ingeborg Schwenzer of the University of Basel was elected Chair and at its 24th meeting in Antigua, Guatemala, Prof. Michael G. Bridge of the London School of Economics was elected Chair of the CISG-AC. At its 26th meeting in Asunción, Paraguay, Ass. Prof. Milena Djordjević, University of Belgrade, Serbia, was elected Secretary, and she was re-elected short after the 37th meeting in Rio de Janeiro. Prof. Pilar Perales Viscasillas of the University Carlos III of Madrid was elected Chair of the CISG-AC after the 37th meeting in Rio de Janeiro.
- Published
- 2024
49. CISG Advisory Council Opinion No. 23: Mistake, Fraud, Misrepresentation and Initial Impossibility in CISG Contracts
- Author
-
CISG Advisory Council
- Subjects
Commercial law ,K1000-1395 - Abstract
The CISG AC started as a private initiative which was founded and supported by Albert H Kritzer Executive Secretary of the Institute of International Commercial Law at Pace University School of Law and the Centre for Commercial Law Studies, Queen Mary, University of London. The International Sales Convention Advisory Council (CISG-AC) is in place to support understanding of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the promotion and assistance in the uniform interpretation of the CISG. At its formative meeting in Paris in June 2001, Prof. Peter Schlechtriem of Freiburg University, Germany, was elected Chair of the CISG-AC for a three-year term. Dr. Loukas A. Mistelis of the Centre for Commercial Law Studies, Queen Mary, University of London, was elected Secretary. The founding members of the CISG-AC were Prof. Emeritus Eric E. Bergsten, Pace University School of Law, Prof. Michael Joachim Bonell, University of Rome La Sapienza, Prof. E. Allan Farnsworth, Columbia University School of Law, Prof. Alejandro M. Garro, Columbia University School of Law, Prof. Sir Roy M. Goode, Oxford, Prof. Sergei N. Lebedev, Maritime Arbitration Commission of the Chamber of Commerce and Industry of the Russian Federation, Prof. Jan Ramberg, University of Stockholm, Faculty of Law, Prof. Peter Schlechtriem, Freiburg University, Prof. Hiroo Sono, Faculty of Law, Hokkaido University, Prof. Claude Witz, Universität des Saarlandes and Strasbourg University. Members of the Council are elected by the Council. At subsequent meetings, the CISG-AC elected as additional members Prof. Pilar Perales Viscasillas, Universidad Carlos III, Madrid; Prof. Ingeborg Schwenzer, University of Basel; Prof. John Y. Gotanda, Villanova University; Prof. Michael G. Bridge, London School of Economics; Prof. Han Shiyuan, Tsinghua University and Prof. Yeşim Atamer, Istanbul Bilgi University, Turkey, Prof. Ulrich G. Schroeter, University of Mannheim, Germany, Prof. Lauro Gama Jnr, Pontifical Catholic University, Justice Johnny Herre, Justice of the Supreme Court of Sweden, Prof. Harry M. Flechtner, University of Pittsburgh, Prof. Sieg Eiselen, Department of Private Law of the University of South Africa, Prof. Edgardo Muñoz López, Universidad Panamericana, Guadalajara, México, and Assoc. Prof. Lisa Spagnolo, Macquarie Law School. Prof. Jan Ramberg served for a three-year term as the second Chair of the CISG-AC. At its 11th meeting in Wuhan, People's Republic of China, Prof. Eric E. Bergsten of Pace University School of Law was elected Chair of the CISG-AC and Prof. Sieg Eiselen of the Department of Private Law of the University of South Africa was elected Secretary. At its 14th meeting in Belgrade, Serbia, Prof. Ingeborg Schwenzer of the University of Basel was elected Chair and at its 24th meeting in Antigua, Guatemala, Prof. Michael G. Bridge of the London School of Economics was elected Chair of the CISG-AC. At its 26th meeting in Asunción, Paraguay, Ass. Prof. Milena Djordjević, University of Belgrade, Serbia, was elected Secretary, and she was re-elected short after the 37th meeting in Rio de Janeiro. Prof. Pilar Perales Viscasillas of the University Carlos III of Madrid was elected Chair of the CISG-AC after the 37th meeting in Rio de Janeiro. The meeting was kindly hosted by Kopaonik School of Natural Law - Slobodan Perović.
- Published
- 2024
50. General damages awarded for emotional distress resulting from miscarriage of justice and false imprisonment
- Author
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Nenad D. Stefanovic and Goran Milojević
- Subjects
non-economic damages ,freedom ,wrongful conviction ,deprivation of liberty ,detention ,Criminal law and procedure ,K5000-5582 ,Civil law ,K623-968 ,Commercial law ,K1000-1395 - Abstract
Compensation for non-economic damages, the debate over its justification, and the adequacy of compensation awarded for harm to non-economic goods have been contentious issues among domestic legal theorists for decades. The provisions of the 1978 Law on Obligations resolved this debate by introducing the right to monetary compensation for non-economic damages in explicitly enumerated cases. The aim of the authors is to use appropriate scientific methods to demonstrate how failures by state authorities, specifically the police and judicial bodies, can cause non-economic damage to individuals through miscarriages of justice and false imprisonment. Freedom is a fundamental human right, guaranteed by the Constitution, laws, and ratified international documents. This raises the question of how, and to what extent, a wrongful conviction or unlawful deprivation of liberty violates this fundamental right, and what legal remedies are available to the victim. The focus of the paper will be on the legislation of the Republic of Serbia, as well as the views and interpretations in legal theory and in practice regarding the victim’s claim for monetary compensation for harm to non-economic goods, such as reputation and honor.
- Published
- 2024
- Full Text
- View/download PDF
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