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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > General
Corporations Law: Concepts, Cases, and Culture Textbook and
Wordbook examine the three distinct and overlapping areas that
relate to company law. Concepts - The text will explore the main
concepts and theories behind the law, rules and principles relevant
to companies. Cases - The text delves into the key case law in
historical and contemporary terms. These cases provide a narrative
of the key challenges and gaps in the understanding and operation
of the corporation and provide an insight into how and why and how
company law have developed. Culture - One of the significant
selling features of the book is on the significance of corporate
culture and its growing importance within law schools. Corporate
culture will be covered throughout the text showing how it shapes
corporate governance and regulation, and how cultural shortcomings
can lead to corporate misconduct. Textbook features and structure
The structure of the textbook moves away from bigger chapters, and
focuses on shorter chapters which deal with separate topics. The
aim is to align each chapter based on a 36 hour course using a more
modular approach and introductory chapter will be included in the
textbook and workbook to clarify this approach. Workbook features
and structure The workbook will have links to the textbook and will
be very visual, summarising the main points of the textbook using
diagrams, flowcharts and tables . The Workbook will summarise the
main concepts in the textbook into explanatory diagrams and
flowcharts, and include other pedagogical features such as critical
reflection questions, problem-solving questions, visual chapter
summaries, end of chapter study questions and case studies
Die Ausfallhaftung, wonach die Gesellschafter einer GmbH fur eine
nicht zu erzielende Einlageleistung eines Mitgesellschafters
aufkommen mussen, stellt eine Besonderheit des GmbH-Rechts dar und
ist seit Inkrafttreten des Gesetzes 1892 in diesem verankert.
Wahrend das GmbH-Gesetz im Allgemeinen uber die Jahre grossraumige
Veranderungen und Modernisierungen erfahren hat, blieb die
Ausfallhaftung in ihrem Wortlaut stets unverandert. Die daraus
resultierenden Systemunstimmigkeiten, Haftungsfragen und
Anwendungsproblematiken untersucht die Autorin im ersten Teil
dieses Buches. Anschliessend folgt eine rechtspolitische
Betrachtung der Ausfallhaftung, welche vorrangig die Notwendigkeit
der Ausfallhaftung im heutigen Kapitalaufbringungsschutzsytem zum
Inhalt hat.
"Humanization and the Law" combines two current and complementary
trends in the business-to-business (B2B) market of the legal
industry: digitalization and humanization. On the one hand, digital
transformation in corporate legal departments and law firms
continues to advance. Contract management, e-discovery, due
diligence, legal operations, and forensic data analysis are just a
few examples of task areas where the use of intelligent software
solutions minimizes legal risks and increases compliance, enables
efficiency gains and cost reductions through automation, and allows
faster and more agile responses to changing market demands and
client expectations. On the other hand, the increasing number of
failed digitalization projects shows that technology alone is not
enough to successfully transform legal departments and law firms.
Software solutions must be integrated into existing work processes,
be easy to use, and provide real benefits in order to be accepted
by employees. People and their ability to make decisions and lead
others remain the focus in an increasingly digitalized legal
industry. More than 20 authors provide insights into why human
aspects matter for business, what organizations can do to increase
the mental well-being and motivation of their employees, and how to
prevail in the upcoming war for talent in the legal industry. "The
legal industry has been largely dismissive of "soft skills" and
"humanizing law." One of the paradoxes of our time is that the
ascendency of automation, artificial intelligence, blockchain, Big
Data, and other technological platforms has elevated, not
diminished, the importance of humanity. It is not only what
distinguishes us from machines but it also enables us to apply our
humanity to machines. The legal function will play an important
role in this process but must first take a hard look at itself."
(Mark A. Cohen, in "Foreword")
Take the fear out of legal issues...Many people feel nervous about
seeing a Solicitor. They worry about the time it takes, they are
afraid of legal fees and are uncertain as to where to find someone
they can trust. This series of books, written by an experienced
Solicitor, aims to remove some of these fears and gives honest,
practical advice for all stages of your business. In this, the
first book of the series, you will learn how to set up and run your
business in its early years, whether you are planning to start a
new business, open a franchise or take over an existing business.
Using a mix of law, business and common sense you will discover how
to avoid the Legal and practical pitfalls of: * Writing an
effective business plan to satisfy a lender * Setting up the
business legal structure * Borrowing money safely * Leaving your
existing job without risk * Selecting the right premises for you *
Avoiding the problems of lease * Entering into contracts *
Operating without good terms and conditions & effective
agreements
Robert Fritzsch provides an institutional economic analysis of the
Great Recession. The author shows that institutions matter as
determinants of crisis resilience - however in a different way than
predicted by the prominent theories of Olson (1982) and North,
Wallis, Weingast (2009), as the crisis was most severe in developed
countries with democratic political institutions, rule of law and
restrained regulations. The empirical results support theoretical
predictions only within the sub-group of developed countries, where
rule of law and restrained regulations show a positive association
with crisis resilience.
die vom Institut fur Kirchenrecht und rheinische
Kirchenrechtsgeschichte an der Rechtswissenschaftlichen Fakultat
der Universitat zu Koln betreute Sammlung "Entscheidungen in
Kirchensachen seit 1946" bietet die Judikatur staatlicher Gerichte
zum allgemeinen Religionsrecht und zum Verhaltnis von Kirche und
Staat. Die Sammlung ist die einzige ihrer Art im deutschsprachigen
Raum. Sie bildet zugleich ein Dokument der Zeitgeschichte. Ab Band
39 wird die fur die Verhaltnisse in Deutschland relevante
Rechtsprechung europaischer Gerichtshofe in die Sammlung
einbezogen.?"
This book examines the main issues arising in economic analysis of
contract law with special attention given to the incomplete
contracts. It discusses both the main features of contract law as
they relate to the problem of economic exchange, and how the
relevant legal rules and the institutions can be analysed from an
economic perspective. Evaluate the welfare impacts, analyses the
effects and the desirability of different breach remedies and
examines the optimal incentive structure of party-designed
liquidated damages under the different dimensions of informational
asymmetry. Overall the book aims to contribute to the legal debate
over the adoption of the specific breach remedies when the breach
victim's expectation interest is difficult to assess, and to the
debate over courts' reluctance to implement large penalties in the
event of breach of contracts.
Erfolgreiches Lehrbuch, das eine problembezogene Einfuhrung in das
Schuld- und Sachenrecht des BGB mit Bezugen zum Handelsrecht gibt."
This book articulates and explores the realities of contemporary
international anti-corruption law. As corruption has increasingly
become a major topic in international affairs, Liu analyzes the
global collaboration against transnational bribery. As China's
economic reforms are increasingly articulated in a language of law,
governmentality, and anti-corruption, it is essential that
scholars, policymakers and legal theorists around the world
understand the issues at stake. In this elegant text, Liu lays out
the issues clearly, establishes methodologies for analysis, and
provides policy proposals for the years to come.
This book offers the first definitive English-language resource on
Chinese business law. Written by an authoritative source, the book
accurately describes what the business law is and explains
legislative intentions underlying the myriad of law, rules, and
regulations. Moreover, it provides the most up-to-date information
on law, rules, and regulations and contains accurate predictions of
the future legislative trend. It is written for readers across the
spectrum of both common law and civil law systems. The author's
experience as expert counsel to Chinese central governmental
legislative functions including the State Council Legislative
Affairs Office and the expert editor and translator in chief of the
national administrative regulations in business and finance,
extensive experience of international legal practice and
arbitration, and teaching and research experience in international
business law and Chinese law will make this book of interest to
lawyers, business people, and scholars.
Focusing on global value chains and their importance to trade, this
edited collection explores the strategic role of logistics and
supply chain infrastructure in the development of Africa. Skilled
authors present critical analysis of the current state of logistics
in Africa, and suggest improvements to policy and practice which
address the issue of poor trading relationships. This book will
engage entrepreneurs, academics and policy-makers interested in
international business, raising awareness of the need for better
trade infrastructure in Africa in order to ensure the continent's
economic development.
This is one of the first books that comprehensively explains
fundamental theories of natural resource and infrastructure public
private partnership (NRI-PPP) projects and project finance. NRI-PPP
projects and project finance have been adopted in natural resource
development, including oilfield development, mine development, and
liquefied natural gas production; manufacturing, such as
petrochemistry, which uses crude oil; and infrastructure-related
projects such as railways, roads, airports, ports, water supply,
waste treatment, communications, and electricity. An important
concern during negotiations among the various stakeholders is the
lack of congruence between theories underlying NRI-PPP projects and
project finance and the particular, real-life business
considerations of the subject project and lack of understanding of
the key theories. Studies that help us understand NRI-PPP projects
and project finance have been developed based on economic theories
such as contract theory and the economics of law by several
distinguished professors. Until now, however, in financial
institutions staff in departments that specialize in project
finance have developed an understanding of the theories underlying
NRI-PPP projects and project finance primarily through on-the-job
training during which business points of view were passed on.
Principles and theories regarding NRI-PPP projects and project
finance have not been taught through textbooks in these firms. In
fact, there are only a few books that explain the fundamental
theories for actual project structures or actual project finance.
This book attempts to fill that gap by making clear the fundamental
theories that exist behind the actual projects and project finance
in relation to natural resources and infrastructure. Readers of
this book will include not only professionals in various private
sectors and banks but also those involved in PPP projects in the
public sector.
This book examines how property rights are linked to socio-economic
progress and development. It also provides a theoretical analysis,
an economic/social analysis of planning, case studies of the
implementation of planning and regulation instruments, practices
related to law and planning, analysis of case laws in a particular
segment. The interconnection between property, law and planning is
a running theme throughout the book. The land question has been
central to South Asian development on two counts: First, although
the majority of the population relies on agriculture and allied
activities their livelihood, landholding is highly skewed; second,
urban planning is facing unprecedented challenges due to
bourgeoning property values as well as gush of migrants to cities
seeking livelihood. The response to these challenges in the form of
laws and policies has been very large compared to the academic
attention that is received. However, the measures emerging from
planning and policies have had limited impact on the extent of the
problems. This paradox calls for serious introspection and academic
engagement that this book undertakes. The book further deals with
the emerging discipline of planning law, which determines property
value and use, and argues that regulatory issues of public policy
determine the property valuation and property pricing.
Economic development increasingly depends to a large extent on
innovation. Innovation is generally covered by intellectual
property (IP) rights and usually requires extensive funding. This
book focuses on IP and debt financing as a tool to meet this
demand. This book clarifies the situation of the use of IP as
collateral in practice through a survey conducted in Japan on IP
and debt financing. Various obstacles in the proper use IP and debt
financing are identified, and some projects to facilitate its use
are illustrated. IP and debt on a global scale, either by
attracting foreign lenders or by collateralizing foreign IP rights,
needs appropriate private international laws. This book analyzes
such regulations in which the United Nations Commission on
International Trade Law (UNCITRAL) has worked, paying due attention
to the law of finance and insolvency law, as well as IP laws.
However, further analysis is needed to identify under what
conditions such solutions would show optimal effects. This book
offers comprehensive analysis from an economic point of view.
This topical and important book identifies the short to medium-term
economic, financial and social consequences of Brexit. Containing
perspectives from leading thinkers across legal, economic and
financial fields, it considers both the general effect of UK
withdrawal on the European integration process, and the specific
impact on the free movement of capital, goods and people.
Addressing the main areas within both the UK and the EU that can
and will be affected by Brexit, including the financial sector,
immigration, social rights and social security, After Brexit:
Consequences for the European Union will make fascinating reading
for all those currently engaged in the study and practice of Law,
Economics, Finance, Political Science, Philosophy, History and
International Affairs.
This book presents an account of legal, economic and managerial
perspectives on governance in situations of financial distress and
insolvency. It uses detailed real-life case studies of executive
decision making to explore and illustrate the discussion. The book
deals with the emergence of corporate governance as a framework of
checks and balances on executive decision-making, before moving to
the core issues of governance during financial distress and
insolvency and alternative informal and formal rescue. Identifying
and reviewing turnaround strategies and formal rescue processes
available to management, the book also examines the increasing
importance of creditors and their impact on business
decision-making. The book provides a detailed interpretation of
governance in five mega insolvencies in retail and construction
following the financial crisis in 2008. It also sets out a
methodology which is designed to inform and help those readers
seeking to analyse and interpret director behaviour in such
circumstances.
This book explores the legal and regulatory aspects of the complex
air cargo sector, discussing in detail the general principles of
the carriage of air cargo; artificial intelligence and air cargo;
facilitation; carriage of hazardous goods; human remains; and
animals, as well as cargo security; price fixing and anti
competitive conduct in air cargo operations; liability issues; the
air cargo supply chain and contract of carriage. It also discusses
related achievements of the International Civil Aviation
Organization; the International Air Transport Association and
Airports Council International. The value of goods carried by
airlines represents 7.4% of the global Gross Domestic Product.
While cargo carried by air accounts for less than 1% of global
cargo carriage, airlines carry 35% of the value of world trade,
making this industry highly valuable and efficient, and the most
reliable way to transport goods throughout the world. On average,
airlines transport 52 million metric tons of goods per annum, worth
an equivalent of $6.8 trillion, i.e. $18.6 billion worth of goods
daily.
This book brings together disparate views which attempt to locate
India in the contemporary international legal order. The essays
endeavour to explore critically India's role and attitude towards
international law in various fields and its influence and
contribution in the development of the latter. The contributions
are also of historical value, as they analyse the present as part
of a historical trajectory. Drawing upon the current and historical
practices from their respective fields, the authors attempt to
highlight some critical aspects involving India and international
law. These aspects broadly underline India's drift from its
traditional role as an ally and proponent of the third world
towards the pragmatism of self-interest, behaviour that is often
compelled by internal political and economic conditions, as well as
the dictates of external forces.
Der europaische Gesetzgeber fuhrte im Jahr 2013 eine
zivilrechtliche Haftungsvorschrift ein, die Anlegern und Emittenten
die Geltendmachung von Schadensersatz gegen Ratingagenturen wegen
fehlerhafter Bewertungen fortan erleichtern sollte. Gegenstand
dieses Buches ist die Untersuchung des Art. 35a Rating-VO (EU) Nr.
462/2013 mit dem Ziel, Rechtsanwendern einen praxistauglichen
Leitfaden an die Hand zu geben. Tatbestandsvoraussetzungen und
Rechtsfolgen der Vorschrift werden unionsautonom ausgelegt sowie
bestehende Bezuge zum Internationalen Privatrecht und
Internationalen Verfahrensrechts aufgezeigt. Abschliessend weist
der Autor auf bestehende Schwachen der Haftungsvorschrift hin und
unterbreitet konkrete Nachbesserungsvorschlage.
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