Hasil untuk "Commercial law"

Sanda Ćorac

This paper analyzes specific provisions of the Civil Procedure Law concerning procedural rules in small-value claims litigation. Due to the normative redefinition and expansion of the concept of small-value claims litigation, courts of general jurisdiction most often follow the rules applicable to this special procedure. In small-value claims proceedings, the right to legal protection is not exercised through the standard (full) cognitive procedure, but through special rules designed to ensure that these cases are concluded efficiently and economically. Given the limitations in the scope of this paper, the analysis focuses on the specific features that characterize this procedure, which also determined the content of the paper.

Valentina Piccinini

SOMMARIO: 1. Le origini del dibattito. – 2. Il più recente contrasto giurisprudenziale. Il problema della traditio nel contratto di mutuo solutorio. – 3. La pronuncia delle Sezioni Unite. – 4. Una chiosa sull’opportuno richiamo dei giudici al corretto procedimento di qualificazione della fattispecie.

Karol Moniczewski

The dynamic growth of Poland’s investment market, particularly for private equity and venture capital, requires effective legal mechanisms that safeguard investor interests and ensure the stability of ownership structures in limited lia-bility companies. One of the key issues in this context is the temporary exclusion of share transferability, implemented through so-called lock-up clauses. These provisions, incorporated into companies’ articles of association, are designed to restrict shareholders’ ability to dispose of their shares for a defined period (typically 3 to 5 years), thereby supporting corporate governance and strength-ening investor confidence. This article provides an interdisciplinary analysis of the functions and legal admissibility of lock-up clauses from the perspective of commercial law and economics. In particular, it examines whether, and under what conditions, it is legally permissible to exclude the transferability of shares in the articles of association of a Polish limited liability company.

MA. Madani Ibnu Usman

Early marriage in Indonesia is a complex issue influenced by various legal, cultural, and social factors. This study identifies the legal challenges in implementing marriage age limits, including regulatory disharmony and the high number of marriage dispensations. Additionally, cultural norms and social practices in various regions, such as Madura and Tana Toraja, contribute to this phenomenon by creating social pressures that encourage early marriage. The methodology used in this research includes secondary data analysis from government reports and case studies in several areas. The conclusion indicates that collaborative efforts between the government, society, and related institutions are necessary to raise legal awareness and reduce the incidence of early marriage. Education and strict law enforcement are key to protecting the rights of children and women and creating a better environment for future generations.

Giulia Loffreda, Stella Arakelyan, Ibrahim Bou-Orm et al.

Background  Improving the adoption and implementation of policies to curb non-communicable diseases (NCDs) is a major challenge for better global health. The adoption and implementation of such policies remain deficient in various contexts, with limited insights into the facilitating and inhibiting factors. These policies have traditionally been treated as technical solutions, neglecting the critical influence of political economy dynamics. Moreover, the complex nature of these interventions is often not adequately incorporated into evidence for policy-makers. This study aims to systematically review and evaluate the factors affecting NCD policy adoption and implementation. Methods  We conducted a complex systematic review of articles discussing the adoption and implementation of World Health Organization’s (WHO’s) “best buys” NCD policies. We identified political economy factors and constructed a causal loop diagram (CLD) program theory to elucidate the interplay between factors influencing NCD policy adoption and implementation. A total of 157 papers met the inclusion criteria. Results  Our CLD highlights a central feedback loop encompassing three vital variables: (1) the ability to define, (re)shape, and pass appropriate policy into law; (2) the ability to implement the policy (linked to the enforceability of the policy and to addressing NCD local burden); and (3) ability to monitor progress, evaluate and correct the course. Insufficient context-specific data impedes the formulation and enactment of suitable policies, particularly in areas facing multiple disease burdens. Multisectoral collaboration plays a pivotal role in both policy adoption and implementation. Effective monitoring and accountability systems significantly impact policy implementation. The commercial determinants of health (CDoH) serve as a major barrier to defining, adopting, and implementing tobacco, alcohol, and diet-related policies. Conclusion  To advance global efforts, we recommend focusing on the development of robust accountability, monitoring, and evaluation systems, ensuring transparency in private sector engagement, supporting context-specific data collection, and effectively managing the CDoH. A system thinking approach can enhance the implementation of complex public health interventions.

Mulhadi Mulhadi, Dedi Harianto

The principle of utmost good faith has been recognized as one of the essential principles in insurance, and its practice in other countries has been fairly applied to both parties. It is suspected that this insurance principle in regulation and its implementation in Indonesia only burdens one unilateral. Therefore, this study aims to prove the allegation that the principle of utmost good faith favors only the insurer and its application in dispute resolution directed at harming the insured party. This study uses a case study approach, with five insurance legal cases in the form of court decisions as purposively selected objects. Qualitative analysis (content analysis) was then carried out to obtain data: data codification, data presentation, and conclusions/verification. The principle of utmost good faith is regulated by the following documents of Indonesian insurance law: Indonesian Commercial Law Code, Act No.7/1992 and Act No.40/2014. The results showed that the utmost good faith principle in several Indonesian insurance regulations is more in favor of insurance companies. The insurance company always utilizes Article 251 of the Indonesian Commercial Law Code or the utmost good faith principle as a shield to commit fraud, and refuses to fulfill its legal liability with the aim of harming the insured. AcknowledgmentsWe thank to the Ministry of Education, Culture, Research and Technology of the Republic of Indonesia for supporting and funding this research until it was completed on time.

Slavica Dinić S. , Emil Turković M.

As a part of the presentation in this paper, we will deal with one of a number of specifc characteristics arisen while determining the criminal responsibility of perpetrators of international crimes, the one related to the institute of command responsibility, which are familiar with the statutes of both ad hoc tribunals (the Statute of the Tribunal in the Hague of 1993 and the International Criminal Tribunal for Rwanda of 1994), as well as the so - called the Rome Statute from 1998. In these statutes, it is set in such a way that, in one of its parts, it contradicts the basic criminal law institutes (the principle of individual subjective responsibility, the principle of justice). However, in accordance with the assumed international obligations, this institute was introduced to the criminal law system of Republic of Serbia on January 1st 2006, by prescribing, within Article 384 of the Criminal Code of Republic of Serbia, a real criminal offense of omission, which is also the subject of this paper.

Giovanni De Gregorio, Catalina Goanta

Abstract This paper addresses the specific challenges arising from the monetization of political speech on social media, and propose a normative argument to extend consumer disclosures to political speech. Political speech enjoys the highest degree of protection by national constitutions as well as supranational and international charters. Unlike commercial speech which usuallyenjoy less constitutional protection, political speech is the foundation of constitutional democracies. The blurring line between political and commercial speech introduces a new layer of complexity in tackling hidden political advertising. Indeed, political speech is likely to attract commercial speech inside a broader scope of protection with the result that potential limitations of this kind of speech would be required to pass a very strict test through the balance with other constitutional safeguards or legitimate interests according to the criteria of necessity, legitimacy and proportionality. This could also question the scope of other regulation designed to govern commercial speech like advertising. To this end, the paper compares regulatory and judicial interpretations adopted in Europe and the United States, and is structured as follows. In the first part, we explore the content monetization business models (including influencer marketing) used on social media, and we identify three types of influencer ‘personas’ who are prone to engage in political speech. The second part looks into the constitutional differences between commercial and political speech across the Atlantic. The third part provides the normative argument at the intersection between consumer law and freedom of expression, and the fourth part concludes.

Dorit R. Reiss, A. Caplan

Harvard Law School, Oxford University Press, and Stanford Law School. All rights reserved. For permissions, please e-mail: journals.permissions@oup.com. This is an Open Access article distributed under the terms of the Creative Commons Attribution NonCommercial-NoDerivs licence (http://creativecommons.org/licenses/bync-nd/4.0/), which permits non-commercial reproduction and distribution of the work, in any medium, provided the original work is not altered or transformed in any way, and that the work is properly cited. For commercial re-use, please contact journals.permissions@oup.com Journal of Law and the Biosciences, 1–9 doi:10.1093/jlb/lsaa025 Advance Access Publication 8 May 2020 Essay

Galina Mikhailovna Kostyunina

The proposed article is aimed at identifying the essence, history of development and evaluation of the current stage of regionalism. The principles of the theory of economic integration are briefly outlined, including its forms and their practical implementation. The author discusses the regulation of integration agreements within the framework of the GATT - WTO multilateral trade system. The motives for the participation of states in integration agreements, such as strategic, political and economic ones, as well as participation of the country in global and / or regional value of chains, are examined in detail. The author characterizes the main trends of modern regionalism and well-known integration mega-projects, such as the Trans-Pacific Partnership, and the Regional Comprehensive Economic Partnership. The main results of the study, which the author came to: 1) regionalism is a politics, and regionalization is the process of uniting countries into a larger region with elements of the free movement of certain factors; 2) old regionalism reflected the goals of promoting the growth of international trade and ensuring security. It corresponds to the concept of shadow integration; 3) the new regionalism was the result of an integrated approach to the development of globalization and a multipolar world. It is characterized by the concept of deep integration with deeper integration processes; 4) when signing the RTAs, the country takes into account strategic, political and economic factors; 5) integration agreements vary in scope and structure, reflecting the growing differentiation of the global trading system and the diversity of bilateral and multilateral regional trade agreements; 6) the signing of mega-projects reduces the effect of spaghetti bowl due to a decrease in the number of bilateral integration agreements between countries and the development of general rules of trade, and also simplifies international commercial disputes; there is a gradual unification of not only the rules of law, but also their interpretation and application.

Barbara Grazzini

Popović Dejan, Ilić-Popov Gordana

The principal purpose of transaction or arrangement test (PPT) contained in MLI authorises tax authorities to deny a treaty benefit. The structure of PPT shows that tax authorities were given wide discretion. Its wording does not determine what will be taxed in the source country once the benefit is denied. In authors' opinion the residence country may decide to deny the relief for elimination of double taxation if it considers that it is the conflict of qualifications that arises from differences in interpretation of treaty or facts rather than from differences in domestic law. The constitutionality of PPT may be assessed with respect to the principles of legal certainty and equality. The tax authorities were given arbitrary authorisation to assess whether it is an abusive "one of the principal purposes of a transaction" or a legitimate commercial objective. This may violate the principles of equality and taxation based on abilityto-pay.

P. Ungerer, J. Burrus, B. Doligez et al.

Frederico Bastos Pinheiro Martins

O presente artigo aborda com detalhes um dos grandes problemas ao ajuizamento de ações privadas de reparação de danos de cartéis no Brasil: o acesso à prova pela parte prejudicada pelo cartel. A partir da análise de decisões judiciais que tratam do acesso do prejudicado a provas em poder do cartelista bem como a documentos e informações oriundos de acordos de leniência e TCC, o artigo apresenta a atual panorama do tema no Brasil, bem como assimila o ponto de vista da autoridade, externado em minuta de resolução submetida à consulta pública em dezembro de 2016. Ao final o trabalho ainda indica o procedimento de produção antecipada de prova, redesenhado pelo Novo Código de Processo Civil, como instrumento ao alcance do prejudicado para superar o óbice ao acesso à prova e poder verificar com maior propriedade a possibilidade de êxito de sua demanda.

M. Elsinga, H. Lind

Charlene D Elliott

Liang-Hung Lin

R. Tessier, Wayne Burleson

Lyul'ka D.N., Ponomarenko V.V., Lementar S.Y.

The intensification of mass transfer processes has been considered by the example of the sucrose extraction from beet chips under the influence of low frequency mechanical oscillations on a juice-chips mixture. The formation and the layer movement of the juice-chips mixture have been investigated under the influence of variable force fields that are generated by the rotating blades of the handling system of the column diffuser, and their impact on the filtering ability of the layer, and the degree of juice-chips mixture warming respectively, the rate of sucrose mass transfer. The problem of thickening the layer of juice-chips mixture has been solved, which enables to reveal the influence of several factors on the pressure distribution in the layer and filtering of the extracting agent through the layer of beet chips. The law governing the change in pressure over time for any fixed section of a layer, has been obtained as well as the law of changes in pressure through the layer height for any fixed period of time. The pressure distribution in juice-chips mixture under the influence of the handling systems in various types of devices affects the filtration ability of the beet chips layer and thus forms the temperature fields in the apparatuses. The results of mathematical modeling of the porous medium compression for the wave-like profile of the handling blades of diffusers have been obtained, which cause pulsating low frequency oscillations of juice-chips mixture. This leads to a significant intensification of mass transfer processes. The results of studies are recommended for profiling the working surface of elements of handling systems, and for developing new and modernizing the existing commercial extractors.

A. Beech, I. Elliott, A. Birgden et al.