Suchergebnisse

Abstract: In the absence of harmonization, Member States' conflict rules to determine the law applicable to companies and particularly the continuing cleft between the incorporation method and siege-réel approach cause difficulties for the internal market for companies by, sometimes, frustrating cross-border establishments. The right of establishment cannot be invoked to oppose the consequence of the real seat approach according to which a company cannot transfer its real seat to another Member State (outbound obstacles). The Cartesio decision of 16 December 2008 learns that in that respect the Daily Mail judgment of 1988 is still good law. However, according to Cartesio such a transfer of a company seat without change of the law applicable to the company must be distinguished from a cross-border conversion (Umwandlung), the company in that case being converted into a company law form of the host Member State. This article discusses reasons for this distinction and the conditions that could possibly still be imposed by the Member State of departure and the host Member State. However, inbound obstacles created by a Member State applying the real seat approach to an incoming company incorporated under the law of another Member State have, to a large extent, been removed as a consequence of the ECJ's case law. The consequences of this case law for pseudo-foreign companies and for Member States' freedom to apply local company rules to foreign companies are being discussed. In practice, cross-border movements of companies appear to have steadily increased triggering regulatory competition in the company law field between Member States. Finally, some comments are made on possible consequences of those developments for future EU harmonization of company law.

Federal and Virginia courts and legislatures acted on a wide variety of environmental issues and topics in the June 1995 to June 1996 period. This article reviews the key environmental developments at the federal and state level from that period involving air, water, waste, Superfund, wetlands, and environmentally related constitutional, land use, and property tort law.

Introduction -- A mid-channel jurisdiction : Jersey as a mixed legal system -- Basic principles of contract law from a comparative perspective -- The formation of a contract -- Undermining a contract : vices de consentement -- Effects of contracts -- Comparing remedies -- Comparative law lessons and reform issues

What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rule making by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.

Dieses Werk enthält Forschungsergebnisse zu Fragestellungen bezüglich der Auswirkungen von Legalitätsmaximen und der Regulierung von Machtbefugnissen in verschiedenen Rechtsbereichen aus südafrikanischer und deutscher Perspektive, die in Zusammenarbeit der Universitäten Augsburg und Johannesburg entstanden sind. Aktuelle Themen werden von Wissenschaftlern aus Deutschland eingeführt und anschließend von südafrikanischen Kollegen reflektiert. Dies führt zu einem besseren Verständnis ungeklärter Rechtsfragen beider Rechtssysteme. Mit Beiträgen von Martina Benecke, Michael Biesinger, Isabella Brosig, Jennifer Hölzlwimmer, Michael Kort, Maximilian Kübler-Wachendorff, Stefan Lorenzmeier, Thomas M.J. Möllers, Thilo Rensmann, Matthias Rossi, Wolfgang Wurmnest.

The book is aimed at examining the interface or interaction between European Union (EU) law and national law, in particular at assessing the delineation of competences between the EU and its member states regarding various policy areas. The book is intended not only to investigate the controversial aspects of the EU-national law relationship, but it should result into the presentation of recommendations for guiding the interface between EU and national rules in specific domains. Consequently, its objective is the production of guidelines for governing not yet clearly defined interactive correl

The biannual update on national legislation and case law is an important tool in promoting the exchange of information on national measures for the implementation of international humanitarian law (IHL). Adapted from the source document.

The biannual update on national legislation and case law is an important tool in promoting the exchange of information on national measures for the implementation of international humanitarian law (IHL). In addition to a compilation of domestic laws and case law, the biannual update includes other relevant information related to regional events organized by the ICRC, to the development of national IHL committees and to accession and ratification of IHL and other related international instruments. Adapted from the source document.