property in securities a comparative study cambridge studies in corporate law

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Property In Securities

Author : Eva Micheler
ISBN : 0511289634
Genre : Securities
File Size : 65. 1 MB
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Micheler analyses the legal nature of investment securities in German, Austrian and English law. He analyses the prospect for law reform at a European or global level. Micheler analyses the German, Austrian and English law of securities, addressing the rules governing transfers of securities, including unauthorised transfers, equities arising out of defective issues, and the holding of securities through intermediaries. She suggests that, notwithstanding radically different approaches to property law in general and the law of investment securities in particular, very similar principles have evolved in all three jurisdictions. These principles have not only developed independently of each other, they also do not sit squarely with general property law principles. The book argues that the law of investment securities should not be understood as an appendix to property law, but as a self-sufficient body of law, the rules of which can be explained by the special nature of the asset involved rather than through the prism of the general principles of property law.

Secured Credit In Europe

Author : Teemu Juutilainen
ISBN : 9781509910083
Genre : Law
File Size : 22. 32 MB
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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.

The Small Worlds Of Corporate Governance

Author : Bruce Mitchel Kogut
ISBN : 9780262017275
Genre : Business & Economics
File Size : 44. 49 MB
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Maps the influence of these types of economic and social network - communities of agents (people or firms) and the ties among them - on corporate behaviour and governance. The empirically rich studies in the book are largely concerned with mechanisms for the emergence of governance networks rather than with what determines the best outcomes.

Property In Work

Author : Wanjiru Njoya
ISBN : 9781317074656
Genre : Law
File Size : 82. 71 MB
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The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.

Security Rights In Movable Property In European Private Law

Author : Eva-Maria Kieninger
ISBN : 1139454757
Genre : Law
File Size : 27. 22 MB
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For every transnational lawyer, it is vital to know the differences between national secured transactions laws. Since the applicable law is determined by the place where the collateral is situated, it may change when movables are brought from one state to another. Introductory essays from comparative lawyers set the scene. The book then presents a survey of the law relating to secured transactions in the member states of the European Union. Following the Common Core approach, the national reports are centred around fifteen hypothetical cases dealing with the most important issues of secured transactions law, such as the creation of security rights in different business situations, the relationship between debtor and secured creditor, the nature of the creditor's rights and their enforcement as against third parties. each case is followed by a comparative summary. A general report evaluates the possibilities of European harmonisation in the field of secured transactions law.

Company Law In The New Europe

Author : Janet Dine
ISBN : 9781847204202
Genre : Law
File Size : 36. 68 MB
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This study on the potential of law to ensure the social responsibility of a company is an innovative and important study. It is a topical contribution to the sociology of market economies in transition. It is a unique effort to provide detailed practical guidance for the design of the company law in developing economies in general and the new Europe in particular. Christian Joerges, European University Institute Florence, Italy This book provides comprehensive analysis of the recent enlargement of the EU, shedding light on the rationale behind the EU s decisions to enlarge, examining the side effects these choices have on a range of EU policies and particularly on the effect of the Acquis on candidate countries. Emphasis is placed on the area of company law, which occupies a central part in a country s economic planning and therefore its commercial law. Past enlargements are thoroughly explained and the potential impact of the new political landscape in Europe in the wake of the popular rejection of the European Constitutional Treaty on future enlargements is evaluated. A comparative methodology for commercial law drafting in transition and developing economies is put forward and the book concludes with a complete draft of a model company law for transition (and developing) economies. The aim is to provide a template for discussion. This book will be of great interest to those interested in considering the influence that the prospect of EU membership has on transition countries in general, the emphasis being on laws vital to emerging market economies, particularly commercial and company law.

Secured Credit Under English And American Law

Author : Gerard McCormack
ISBN : 0521826705
Genre : Business & Economics
File Size : 47. 16 MB
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McCormack examines English law on Secured Credit, highlighting its weaknesses, and evaluating possible remedies. Contains the text of Article 9.

American Book Publishing Record

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ISBN : UOM:39015066043202
Genre : American literature
File Size : 34. 39 MB
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Commercial Law In A Global Context Some Perspectives In Anglo Japanese Law

Author : Barry Rider
ISBN : 9789041107091
Genre : Law
File Size : 23. 61 MB
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This unique work consists of a selection of key papers presented at the first Anglo-Japanese Comparative Law Conference, held at Jesus College, Cambridge in September 1996. The conference was organised under the auspices of the Institute of Advanced Legal Studies, University of London; the University of Tsukuba, Japan; and Murdoch University in Australia. The conference brought together a number of leading business lawyers from around the world, who discussed the impact of globalisation on commercial law. If trhe internalisation of trade and business has produced problems for lawyers, the impact of globalisation, particularly in such areas as the capital markets, has proved to be even more problematic. The implications for all those who operate in the commercial and financial sectors, and for those who advise them, of developments in the nature and character of the markets are increasingly significant. The publication will be of particular interest to academics, those involved in trans-national business, and legal practitioners.

Law Books Published

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ISBN : IND:30000001842230
Genre : Law
File Size : 37. 45 MB
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