This fascinating study uses qualitative and quantitative data and insights from interviews with judges, lawyers, government officials, entrepreneurs, bankers, consultants, and academics in China and abroad, to provide a new perspective on the problems that have hindered the implementation of the Enterprise Bankruptcy Law in China, and recent attempts at reform. The analysis provides unique insights into China's business world and its interaction with the judicial and political system in China. In addition, the book also provides important information about how the Enterprise Bankruptcy Law affects foreign companies, agencies and governments that are active in China. The author draws on empirical data, decided cases and her experience of how the law and surrounding practices deal with foreign stakeholders whose interests are affected by corporate bankruptcy in China. The book will improve understanding of how China's corporate bankruptcy law has been used in practice, what has limited its practical effectiveness, whether it is desirable for the law to be used more readily in China, and the possible options for its reform.

Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009-2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court.

A unique and invaluable guide that advises on the enforcement of high-value money judgments. It contains a detailed analysis of the legal issues and underlying case law surrounding each method of enforcement, providing essential background materials and commentary. Covering the major reforms bought about by the Tribunals Courts and Enforcement Act 2007 and associated legislation, it provides a systematic, practical guidance on the process of preparing for and successfully applying for the various methods of High Court enforcement. It looks at: - General rules about enforcement of judgments - Obtaining information about a judgment debtor's assets - Third party debt orders - Charging orders - Writs of Control - Appointing a receiver by way of equitable execution - Interest on judgments Readers will be able to identify enforcement options and to understand the detailed legal and practical issues with each enforcement option. As such this is an essential title for all commercial law practitioners, arbitration and commercial dispute resolution practitioners, and banking law practitioners.

CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

This is the 2020 case supplement to accompany Cox and Eisenberg's Business Organizations: Cases and Materials, 12th Unabridged and 12th Concise.

This book seeks to educate and equip aspiring professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry. It discusses the roles of and relationships between the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.This second edition has been updated to include:The book is written in an easy and readable form. Technical jargon is minimised. The topics include both common and less common issues in industry that practitioners and students should be aware. Most of the examples are obtained from industry (with modifications) and reflect current practices. Timelines, flowcharts, sample forms, sample letters, and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract (9th Edition), the Public Sector Standard Conditions of Contract for Construction Works (7th edition), and also the Building and Construction Industry Security of Payment Act.

This book seeks to educate and equip aspiring professionals, industry practitioners, and students in the knowledge and practice of contract administration and procurement in the Singapore Construction Industry. It discusses the roles of and relationships between the different parties (e.g. Owner, Architect, Quantity Surveyor), tendering procedures, project delivery methods, payments, variations, final account, and other aspects for the administration of construction contracts in Singapore.This second edition has been updated to include:The book is written in an easy and readable form. Technical jargon is minimised. The topics include both common and less common issues in industry that practitioners and students should be aware. Most of the examples are obtained from industry (with modifications) and reflect current practices. Timelines, flowcharts, sample forms, sample letters, and other documents illustrating the processes are provided in this work, for the easy understanding of the readers.The contract administration process takes into account the Singapore Institute of Architects' Measurement Contract (9th Edition), the Public Sector Standard Conditions of Contract for Construction Works (7th edition), and also the Building and Construction Industry Security of Payment Act.

Jean L. Saliba beschreibt den konzeptionellen Ansatz eines branchenunabhangigen Vertragsmanagements in einem Unternehmen. Vertrage sind die Basis fur das betriebswirtschaftliche und rechtliche Handeln in allen Organisationseinheiten eines Unternehmens. Sie bilden die Grundlage fur alle Geschaftsprozesse und die damit verbundenen Geschaftsbeziehungen mit Vertragspartnern. Der Aufbau eines Vertragsmanagements bedarf der Berucksichtigung vertragsrelevanter Risikophasen. Nur durch die planerische Berucksichtigung aller Lebensphasen eines Vertrags und das Ergreifen von praventiven, aktiven und reaktiven Massnahmen im Zusammenhang mit Vertragen koennen rechtliche Pflichten bedient, relevante Risiken vermieden und Potenziale signifikant gehoben werden.

Der Quick Guide erklart kurz, pragmatisch und einfach die im Rechtsmarkt relevanten Technologien wie Kunstliche Intelligenz, Blockchain und Smart Contracts. Der Schwerpunkt liegt auf der praktischen Umsetzung: Das Buch unterstutzt bei der Analyse der eigenen Kanzlei und bei der Entwicklung einer Digitalisierungsstrategie. Es ist eine ideale Erganzung zu umfangreichen akademischen Legal Tech-Werken.

Dieses Buch gibt einen UEberblick uber die Sorgfaltspflichten des Vorstands einer deutschen Aktiengesellschaft, die im Zusammenhang mit dem EU-Austritt des Vereinigten Koenigreichs beachtet werden mussen. Obwohl der Brexit bereits stattgefunden hat, werden sich seine vollumfanglichen Auswirkungen erst nach dem Ende des im Austrittsabkommen vereinbarten UEbergangszeitraums zeigen. Schon jetzt relevante rechtliche Auswirkungen des Brexit auf Vertrage zwischen deutschen und britischen Unternehmen werden aufgezeigt und die abstrakten und konkreten Sorgfaltspflichten, die der Vorstand einer AG beachten muss, benannt. Die Auswirkungen einer Verletzung dieser Pflichten durch den Vorstand und Moeglichkeiten fur Aktionare und Aufsichtsrat zur Sanktionierung des Vorstands werden ebenfalls dargestellt.

Short and Happy"? This book is indeed "short" - much shorter than any other student guide. The reason is that other student guides are written to help you understand your business associations/organizations course, to get you through 42 or 56 class hours. This student guide is different. It is written to help you understand your prof's final exam questions - to get you through a 3 or 4 hour exam. Rather than teaching you how cases and concepts are applied in the real world, this book teaches you how cases and concepts need to be applied in the "unreal" world of law school exams. This is the book to read after you have spent the semester working on law review (Or was it clinic? Or client counseling competitions? Or Kundalini yoga? Or shape note singing?) instead of Business Associations.

This book provides an extensive analytical examination of the Cape Town Convention and its Protocols. The Convention aims to facilitate asset-based financing and leasing of aircraft, railway and space objects by establishing a uniform legal regime for the creation and protection of security and related interests in these types of equipment. The book provides a detailed treatment of issues arising from the creation of security and other international interests under the Convention, from the need to ensure their priority among competing interests to the enforcement of remedies in the case of the debtor's default or insolvency. Security interests in aircraft, railway and space objects are among the most frequently invoked mechanisms used to ensure repayment of the debt. It is their significance, effectiveness and frequency of use that explains this work's focus and scope.

Many students find their Corporation Law class difficult because they do not understand the transactions giving rise to those cases. As with its predecessors, this fourth edition is intended to assist students by not only restating the law but also by putting the law into its business and financial context. The pedagogy is up-to-date, with a strong emphasis on the doctrinal issues taught in today's Corporations classes. The text is highly readable: The style is simple, direct, and reader-friendly. Even when dealing with complicated economic or financial issues, the text seeks to make those issues readily accessible. This new edition brings the material up-to-date with complete coverage of developments in both state corporate law and federal securities law.

Completely revised and updated, conversational in tone, the book summarizes all major forms of business, not simply the corporation. It features numerous examples to illustrate key concepts. Comprehensive yet concise, it addresses the theory of the firm, including the emergence of greater concerns for constituencies other than shareholders, as well as the nuts-and-bolts of corporate law. It offers separate consideration of specialized issues raised in closely-held and public corporations. With updated discussion of recent case law, particularly about controlling shareholders and takeovers, the book offers detailed comparison of Delaware and other leading corporate law legislation. The book also covers relevant federal law, including Sarbanes-Oxley, Rule 10b-5, and Section 16(b). Financial and accounting concepts are explained with helpful examples, so that even sociology majors need not fear them.

This book provides a comprehensive analysis of the remedies practice the European Commission has adopted on the basis of articles 7 and 9 of regulation 1/03. Using article 7 as a normative benchmark, it shows that most of the criticism levelled at the Commission's article 9 decisions and the Alrosa judgment of the CJEU is not justified, since critics tend to over-state both the rigour of article 7 and the laxness of article 9. Remaining inconsistencies between the commitment practice and the standards for infringement decisions can, it is submitted, be justified by the consensual nature of commitment decisions and their underlying goal of procedural economy. Moreover, it is suggested that too little importance is generally assigned to the beneficial effect which commitments bring about by providing for precise and enforceable obligations without sacrificing the concerned undertakings' freedom to choose how to put the infringement to an end. Adopting a case-oriented approach, this study provides valuable insights for academics and practitioners alike.

This casebook provides a finance-oriented approach to corporate law, focusing on what students will need to know in corporate practice.Students learn: Financial fundamentals, such as balance sheets, income, and cash flow, as well as more complex topics, such as corporate debt and convertible securities Application of financial principles to analyze and understand case studies Contractual solutions employed to deal with the various conflicts and ambiguities that arise Additionally, the text covers a broad range of topics from pricing models to the poison pill and includes a table of cases. Student Supplemental Worksheets are available to download here.

Die fachgerechte und ordnungsgemasse Abnahme von Bauleistungen und Gebauden ist fur alle an Bauabnahmen Beteiligten im Bereich der Objektuberwachung komplex und birgt viele Fallstricke. Der Autor beschreibt, was bei der organisatorischen, technischen und rechtlichen Vorbereitung von Abnahmen zu beachten und was bei Stoerungen der Bauabnahme durch auftretende Mangel zu tun ist. Er informiert daruber, welche Dokumente, Qualitatsnachweise und Erklarungen bei der Abnahme erforderlich sind. UEbersichten, Checklisten und Musterformulare runden den Schnelleinstieg in die Thematik ab. Der Autor Dipl.-Ing., Dipl.-Ing.-OEk. Konrad Micksch arbeitete viele Jahre als Projekt- und Oberbauleiter im schlusselfertigen Bahn-, Brucken-, Sport-, Gesellschafts- und Anlagenbau im In- und Ausland.

The Second Edition of the book continues to explain the legal aspects of the different business laws of the land to help students understand and gain knowledge of the legal environment in which the businesses operate. The knowledge of the business laws is of paramount importance to every business manager and chartered accountant, who need to deal with legal matters regularly. This book is specifically designed to introduce the students to the legal environment and thus includes all important Acts, such as the Law of Contracts, the Sales of Goods Act, 1930, the Negotiable Instruments Act, 1881, the Law of Insurance, the Company Law, the Factories Act, 1948, the Industrial Disputes Act, 1947, the Trade Unions Act, 1948, the Minimum Wages Act, 1948, the Employees' State Insurance Act, 1948, the Consumer Protection Act, 1986, the Pollution Control Acts, 1974 and 1981, and the other important legal issues. The book presents a systematic and in-depth treatment of the various Acts in a concise, lucid and illustrative manner, using several suitable practical examples and studies of different law cases with a view to making the subject more intelligible, interesting and authentic. Review questions and practical assignments provided at the end of each chapter are designed to help the students grasp and apply the provisions of different Acts. New to the second edition The following new chapters have been introduced in the second edition to enrich the contents: Corporate Governance Intellectual Property Rights Right to Information Act Telecom Regulatory Authority of India In addition, the part three of the book, which is on the Company Law, has been updated with the latest Companies Act, 2013. The book is primarily designed to serve the needs of undergraduate students of Commerce (B.Com). It is equally useful for BBA and MBA students and those pursuing professional courses at The Institute of Chartered Accountants and The Institute of Company Secretaries, besides meeting the growing needs of aspirants preparing for competitive examinations.

The Unabridged Twelfth Edition offers detailed information on corporate law and covers new principal cases, text, and explanatory materials designed to illustrate the development of corporate law. In preparing this edition, Professors Cox and Eisenberg reviewed all the principal cases and, where appropriate, re-edited them to tighten the writing while preserving a full-bodied presentation of the facts and discussion. The book contains rich note material synthesizing case developments, empirical data bearing on important corporate topics, and competing approaches to corporate issues. CasebookPlus Hardbound - New, hardbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary.

Looking at discrimination, education, environment, health and crime, this volume analyses United States Supreme Court rulings on several legal issues and proposed libertarian solutions to each problem. Setting their own liberal theory of law, each chapter discusses the law at hand, what it should be, and what it would be if their political economic philosophy were the justification of the legal practice. Covering issues such as sexual harassment, religion, markets in human organs, drug prohibition and abortion, this book is a timely contribution to classical liberal debate on law and economics.