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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Commercial law
Winner of the 2016-2018 KG Idman Prize. This monograph seeks the
optimal way to promote compatibility between systems of proprietary
security rights in Europe, focusing on security rights over
tangible movables and receivables. Based on comparative research,
it proposes how best to tackle cross-border problems impeding trade
and finance, notably uncertainty of enforceability and unexpected
loss of security rights. It offers an extensive analysis of the
academic literature of more recent years that has appeared in
English, German, the Scandinavian languages and Finnish. The author
organises the concrete means of promoting compatibility into a
centralised substantive approach, a centralised conflicts-approach,
a local conflicts-approach and a local substantive approach. The
centralised approaches develop EU law, and the local approaches
Member State laws. The substantive approaches unify or harmonise
substantive law, while the conflicts approaches rely on private
international law. The author proposes determining the optimal way
to promote compatibility by objective-based division of labour
between the four approaches. The objectives developed for that
purpose are derived from the economic functions of security rights,
the conditions for legal evolution and a transnational conception
of justice. This book is an important contribution to the future of
secured transactions law in Europe and more widely. It will be of
interest to academics, policymakers and legal practitioners
involved in this field.
'Disruptive innovation', 'the fourth industrial revolution', 'one
of the ten ideas that will change the world'; the
collaborative/sharing economy is shaking existing norms. It poses
unprecedented challenges in terms of both material policies and
governance in almost all aspects of EU law. This book explores the
application - or indeed inadequacy - of existing EU rules in the
context of the collaborative economy. It analyses the novelties
introduced by the collaborative economy and discusses the specific
regulatory needs and instruments employed therein, most notably
self-regulation. Further, it aims to elucidate the legal status of
the parties involved (traders, consumers, prosumers) in these
multi-sided economies, and their respective roles in the provision
of services, especially with regard to liability issues. Moreover,
it delves into a sector-specific examination of the relevant EU
rules, especially on data protection, competition, consumer
protection and labour law, and comments on the uncertainties and
lacunae produced therein. It concludes with the acute question of
whether fresh EU regulation would be necessary to avoid
fragmentation or, on the contrary, if such regulation would create
unnecessary burdens and stifle innovation. Taking a broad
perspective and pragmatic view, the book provides a comprehensive
overview of the collaborative economy in the context of the EU
legal landscape.
Title 46 presents regulations applied by the Coast Guard to
merchant marine officers and seamen, uninspected vessels, tank
vessels, load lines, marine engineering, documenting and measuring
vessels, passenger vessels, cargo and miscellaneous vessels,
offshore supply vessels, mobile offshore drilling units, electrical
engineering, small passenger vessels, oceanographic vessels,
occupational safety and health standards, and lifesaving systems.
Maritime Administration regulations cover policies, practices and
procedures, maritime carriers, subsidized vessels, vessel financing
assistance, emergency operations, training, and ports. The Maritime
Commission also holds the responsibility for maritime carriers,
terminals, tariffs, domestic offshore commerce, and foreign
commerce.
Title 46 presents regulations applied by the Coast Guard to
merchant marine officers and seamen, uninspected vessels, tank
vessels, load lines, marine engineering, documenting and measuring
vessels, passenger vessels, cargo and miscellaneous vessels,
offshore supply vessels, mobile offshore drilling units, electrical
engineering, small passenger vessels, oceanographic vessels,
occupational safety and health standards, and lifesaving systems.
Maritime Administration regulations cover policies, practices and
procedures, maritime carriers, subsidized vessels, vessel financing
assistance, emergency operations, training, and ports. The Maritime
Commission also holds the responsibility for maritime carriers,
terminals, tariffs, domestic offshore commerce, and foreign
commerce.
Title 46 presents regulations applied by the Coast Guard to
merchant marine officers and seamen, uninspected vessels, tank
vessels, load lines, marine engineering, documenting and measuring
vessels, passenger vessels, cargo and miscellaneous vessels,
offshore supply vessels, mobile offshore drilling units, electrical
engineering, small passenger vessels, oceanographic vessels,
occupational safety and health standards, and lifesaving systems.
Maritime Administration regulations cover policies, practices and
procedures, maritime carriers, subsidized vessels, vessel financing
assistance, emergency operations, training, and ports. The Maritime
Commission also holds the responsibility for maritime carriers,
terminals, tariffs, domestic offshore commerce, and foreign
commerce.
The law of secured transactions has seen dramatic changes in the
last decade. International organisations, particularly the United
Nations Commission on International Trade Law (UNCITRAL), have been
working towards the creation of international legal standards aimed
at the modernisation and harmonisation of secured financing laws
(eg, the United Nations Convention on the Assignment of Receivables
in International Trade, the UNCITRAL Legislative Guide on Secured
Transactions and its Intellectual Property Supplement, the UNCITRAL
Guide on the Implementation of a Security Rights Registry and the
UNCITRAL Model Law on Secured Transactions). The overall theme of
this book is international (or cross-border) secured transactions
law. It assembles contributions from some of the most authoritative
academic voices on secured financing law. This publication will be
of interest to those involved in secured transactions around the
world, including policy-makers, practitioners, judges, arbitrators
and academics.
The 2010 Dodd-Frank Act requires or authorizes various federal
agencies to issue rules to implement reforms intended to strengthen
the financial services industry. The act, as amended, includes a
provision for the United States Government Accountability Office
(GAO) to annually study these regulations. This book examines the
regulatory analyses federal agencies conducted in Dodd-Frank Act
rulemakings and interagency coordination in the rulemaking process;
the possible impact of selected Dodd-Frank Act provisions and
related rules on community banks and credit unions; and the
possible impact of selected Dodd-Frank Act provisions and their
implementing rules on financial market stability.
Vessels very frequently serve under a long chain of charterparties
and sub-charterparties. When this is the case, the legal issues are
more convoluted than they might at first seem. Incorporation
clauses are commonplace in bills of lading used in the tramp trade
due to the desire to make this web of contracts back-to-back. The
extent to which the terms of the charterparty referred to can be
carried across to the bill of lading has, over the centuries, been
hotly disputed in many jurisdictions. Entirely dedicated to the
topic of the incorporation of charterparty terms into bills of
lading, this book discusses and analyses the legal and practical
issues surrounding this topic under English and US law. Through
discussions on the incorporation of a wide range of different
charterparty terms, the book combines the peculiar and
sophisticated rules of incorporation with the legal and practical
issues concerning shipping, international trade, arbitration and
conflict of laws and jurisdiction.
Spencer Bower: Reliance-Based Estoppel, previously titled Estoppel
by Representation, is the highly regarded and long established
textbook on the doctrines of reliance-based estoppel, by which a
party is prevented from changing his position if he has induced
another to rely on it such that the other will suffer by that
change. Since the fourth edition in 2003 the House of Lords has
decided two proprietary estoppel cases, Cobbe v Yeoman's Row
Property Management Ltd and Thorner v Major, whose combined effect
is identified as helping to define a criterion for a reliance-based
estoppel founded on a representation, namely that the party
estopped actually intends the estoppel raiser to act in reliance on
the representation, or is reasonably understood to intend him so to
act. Other developments in the doctrine of proprietary estoppel
have required a complete revision of the related chapter, Chapter
12, in this edition. Thorner v Major confirms too the submission in
the fourth edition that unequivocality is a requirement for any
reliance-based estoppel founded on a representation. Other views
expressed in the fourth edition are also noted to have been upheld,
such as the recognition that an estoppel may be founded on a
representation of law (Briggs v Gleeds), that a party may preclude
itself from denying a proposition by contract as well as another's
reliance (Peekay Intermark Ltd v Australia and New Zealand Banking
Group Ltd and Springwell Navigation Corp v JP Morgan Chase Bank)
and that an estoppel by deed binds by agreement or declaration
under seal rather than by reason of reliance (Prime Sight Ltd v
Lavarello). With the adjustment reflected in the change of title,
and distinguishing the foundation of estoppels that bind by deed
and by contract, the editors adopt Spencer Bower's unificatory
project by the identification of the reliance-based estoppels as
aspects of a single principle preventing a change of position that
would be unfair by reason of responsibility for prejudicial
reliance. From this follow the views: that reliance-based estoppels
have common requirements of responsibility, causation and
prejudice; that estoppel by representation of fact is, like the
other reliance-based estoppels, a rule of law; that the result of
estoppel by representation of fact may, accordingly, be mitigated
on equitable grounds to avoid injustice; that the result of an
estoppel by convention depends on whether its subject matter is
factual, promissory or proprietary; that a reliance-based estoppel
(other than a proprietary estoppel, which uniquely generates a
cause of action) may be deployed to complete a cause of action
where, absent the estoppel, a cause of action would not lie, unless
it would unacceptably subvert a rule of law (in particular the
doctrine of consideration); that an estoppel as to a right in or
over property generates a discretionary remedy; and that the
prohibition on the deployment of a promissory estoppel as a sword
should be understood as an application of the defence of
illegality, viz that an estoppel may not unacceptably subvert a
statute or rule of law.
Erfinder, Existenzgrunder in Start-ups, Patentingenieure,
Entwickler und Manager erhalten mit diesem Buch einen UEberblick
sowie einen praktischen Einstieg in die gewerblichen Schutzrechte.
Der Schwerpunkt liegt auf dem Schutz von technischen Erfindungen
mittels Patenten. Es werden die typischen Fragen eines
Neueinsteigers beantwortet, beispielsweise die Vorteile eines
Patents sowie die Anforderungen, die an eine schutzfahige Erfindung
gestellt werden. Das Buch liefert eine praktische Hilfe bei der
Patentrecherche und der Verwertung von Patenten. Konkrete Hinweise
zur Integration des Patentwesens in den Erfindungsprozess und den
Marketingmix machen das Buch besonders wertvoll fur kleine und
mittlere Unternehmen. Die zweite, aktualisierte und erweiterte
Auflage wurde um ein wichtiges Kapitel zum Schutz von Software
erganzt.
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