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 : 83. 42 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 : 85. 72 MB
Format : PDF
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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.

Comparative Company Law

Author : Andreas Cahn
ISBN : 9781139489195
Genre : Law
File Size : 86. 1 MB
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It can be difficult for students of comparative company law both to understand the internationally relative nature of a legal system and grasp it in practical detail. This book is designed to address that problem. Each chapter begins with a discursive analysis of the laws in Germany, the UK and the USA, framed by a comparative presentation. Chapters also contain edited judicial decisions from at least two of the jurisdictions, which allow readers to perform their own comparisons in more detail and leave room for original analysis and discussion.

State Control Over Private Military And Security Companies In Armed Conflict

Author : Hannah Tonkin
ISBN : 9781139499453
Genre : Law
File Size : 24. 99 MB
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The past two decades have witnessed the rapid proliferation of private military and security companies (PMSCs) in armed conflicts around the world, with PMSCs participating in, for example, offensive combat, prisoner interrogation and the provision of advice and training. The extensive outsourcing of military and security activities has challenged conventional conceptions of the state as the primary holder of coercive power and raised concerns about the reduction in state control over the use of violence. Hannah Tonkin critically analyses the international obligations on three key states - the hiring state, the home state and the host state of a PMSC - and identifies the circumstances in which PMSC misconduct may give rise to state responsibility. This analysis will facilitate the assessment of state responsibility in cases of PMSC misconduct and set standards to guide states in developing their domestic laws and policies on private security.

The Small Worlds Of Corporate Governance

Author : Bruce Mitchel Kogut
ISBN : 9780262017275
Genre : Business & Economics
File Size : 33. 88 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.

Security Rights In Movable Property In European Private Law

Author : Eva-Maria Kieninger
ISBN : 1139454757
Genre : Law
File Size : 33. 60 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.

The Protection Of Cultural Property In Armed Conflict

Author : Roger O'Keefe
ISBN : 9781139460989
Genre : Law
File Size : 90. 8 MB
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Charting in detail the evolution of the international rules on the protection of historic and artistic sites and objects from destruction and plunder in war, this 2006 book analyses in depth their many often-overlapping provisions. It serves as a comprehensive and balanced guide to a subject of increasing public profile, which will be of interest to academics, students and practitioners of international law and to all those concerned with preserving the cultural heritage.

Enforcement Of Corporate And Securities Law

Author : Robin Hui Huang
ISBN : 9781107164994
Genre : Business & Economics
File Size : 42. 68 MB
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This book is the first of its kind in focusing on the enforcement of corporate and securities laws, both public and private, a relatively understudied but critically important issue for the development and health of global capital markets. The book has a special focus on the young system coming into being in the People's Republic of China (PRC), but also examines the enforcement of corporate and securities laws across the globe and across different legal and political systems from an in-depth comparative perspective. This single volume assembles a veritable 'dream team' of contributors who are amongst the very best scholars and legal specialists in the many national jurisdictions covered in the book. Hence, it is of significant value to corporate and securities regulators, judicial officials, prosecutors, litigation specialists, corporate counsel, legal and economic policymakers, scholars, think tanks, students, and investors alike.

The Oxford Handbook Of Corporate Governance

Author : Mike Wright
ISBN : 9780199642007
Genre : Business & Economics
File Size : 34. 55 MB
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Corporate governance remains a central area of concern to business and society, and this Handbook constitutes the definitive source of academic research on this topic, synthesizing international studies from economics, strategy, international business, organizational behavior, entrepreneurship, business ethics, accounting, finance, and law.

Property In Work

Author : Wanjiru Njoya
ISBN : 9781317074656
Genre : Law
File Size : 31. 99 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.

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