scholarly journals Legitimate Expectations as an Object of Corporate Legal Relations

2020 ◽  
Vol 90 (3) ◽  
pp. 50-62
Author(s):  
С. О. Сліпченко ◽  
Ю. М. Жорнокуй
Keyword(s):  
General Meeting ◽  
Economic Benefits ◽  
Share Capital ◽  
Corporate Rights ◽  
Capital Share ◽  
European Court ◽  
The Future ◽  
Legitimate Expectations ◽  
The Right ◽  
To Receive

The authors have conducted the analysis of the legislation of Ukraine, the case law of Ukraine and the European Court of Human Rights, as well as doctrinal approaches to understanding legitimate expectations as objects of corporate legal relations. It has been concluded that the share (capital share), and in fact participation in the company, is an asset associated with the occurrence of favorable property consequences in the future, and has all the characteristics of legitimate expectations. Participation in a company has all the characteristics necessary for its potential monetary evaluation, because it is negative from its owner (does not have a personal, inseparable connection with the person to whom it belongs), and therefore is potentially viable. Monetary evaluation of the participation in the company allows us to classify this object as property benefits (asset). The emergence of economic benefits, as a result of the use of participation, the exercise of the right to it, indicates the connection of such benefits with the consequences that arise. Thus, participation in the company has all the characteristics of legitimate expectations. That is, the participant expects in the future to receive economic benefits from the participation in the company (exercise of corporate rights) that result from the placement of certain values in the charter capital, which have a monetary value. Legitimate expectations, in addition to regulatory corporate legal relations, can be recognized as the object of protective corporate relations, based on the facts of the violation of the right to peaceful possession of such property. It is applied both to the violation of the right to manage the corporation (in case of failure to notify about the general meeting of participants) and the refusal to repurchase shares from a shareholder as the exercise of the “right to disagree”. It is alleged that there are also protective legal relations with such an object as legitimate expectations in case of the violation of the rights to dividends, to the payment of the value of the share (capital share), to the liquidation quota. But such legal relations are not corporate, because the rights to be protected are not included into the group of corporate rights.

scholarly journals Reproductive human rights: General legal support and implementation in the field of criminal justice

2020 ◽  
Vol 85 ◽  
pp. 01002
Author(s):  
Ivan Titko ◽  
Inna Polkhovska
Keyword(s):  
Human Rights ◽  
Assisted Reproductive Technologies ◽  
Reproductive Rights ◽  
Relevant Information ◽  
Reproductive Technologies ◽  
European Court ◽  
Human Ability ◽  
Practical Factors ◽  
The Right ◽  
To Receive

The unsatisfactory demographic situation in European countries, in particular the reduction of fertility, actualizes the issue of reproductive rights. Reproductive rights include the human ability to make free and independent decisions about their reproductive health, including the birth of children, the time and intervals between their birth, the right to decide on procreation without discrimination, threats and violence, as well as recognition of the right to receive relevant information. The article is devoted to the analysis of some problematic general theoretic, criminal law and criminal procedure aspects in the field of reproductive rights. In particular, issues of assisted reproductive technologies application, their regulation at the international and national levels, as well as in the practice of the European Court of Human Rights (hereinafter – ECHR) are considered in the article. Special attention is paid to the specificity of the legal and practical factors of surrogacy.

Property Restitution in Eastern Europe: Domestic and International Human Rights Law Responses

2004 ◽  
Vol 29 (3) ◽  
pp. 325-363 ◽  
Author(s):  
Mariana Karadjova
Keyword(s):  
Human Rights ◽  
Eastern Europe ◽  
Minority Groups ◽  
International Human Rights Law ◽  
Political Rights ◽  
European Court ◽  
The Future ◽  
Civil And Political Rights ◽  
The Right ◽  
Past Injustices

AbstractThis article presents an overview of how those East European countries that are members of the Council of Europe have approached the problems of restitution as a means of reparation for past injustices. In doing so, attention will be paid to: the entitled persons and the extent of restitution; the underlying motivations vis-à-vis the form of reparation (restitution in kind or compensation), and attitudes towards minority groups and foreigners as part of the restitution process. Emphasis will also be given to the role played by international instruments (the ECHR and its future Protocol 12, the International Covenant on Civil and Political Rights, various UN resolutions, etc), as well as by judicial institutions (the European Court of Human Rights, the UN Human Rights Committee) in the evolution of the restitution process in Eastern Europe in general, and regarding such issues as equality between foreigners and nationals as well as minority and religious groups and the elaboration of an international standard of restitution as reparation for abuses of human rights in particular. The bodies of the ECHR have managed to avoid problems related to restitution and reparations for past injustices by arguing that the right of restitution is not guaranteed by art.1 of Protocol 1 to the the ECHR. But the entry into force of a new Protocol 12 to the Convention will likely result in changes being made in this thought process, at least as regards the position of foreigners. If measures denying restitution, owing to the claimant's nationality, were taken after ratifi cation of Protocol 12, the way should be opened in the future to foreigners (in addition to procedures before the UN Human Rights Committee) to more effectively defend their rights relative to such restorative measures: notably, the possibility of seizing the Strasbourg Court with claims relating to justifi cation for "unequal treatment". The right to remedy the injustices committed to the victims of violations of human rights and international humanitarian law has appeared with increasing frequency on the agenda of the UN Commission on Human Rights. Furthermore, in its recent case law, the UN Human Rights Committee has evidenced a concern over several questions relating to the respect of possessions; it has already opted for the proposition that any discrimination on the basis of nationality in restitution legislation can be deemed to be a violation of the International Covenant on Civil and Political Rights. Lastly, after ratifi cation of Protocol 12, we can expect a link to be forged between the vision of the UN Commission on Human Rights and that of the European Court of Human Rights that may—in the future—lead to the elaboration of a common international mechanism regulating restitution as a means for the reparation of abuses of human rights.

scholarly journals Legal regime of unimplanted embryos in vitro from the positions of doctrine, civil law and judicial practice

2020 ◽  
pp. 238-242
Author(s):  
Nataliia Kvit
Keyword(s):  
Human Rights ◽  
Property Rights ◽  
Assisted Reproductive Technologies ◽  
Civil Law ◽  
Reproductive Technologies ◽  
Legal Regime ◽  
European Court ◽  
The Future ◽  
The Right

The article deals with the problem of determining the legal regime of unimplanted embryo in vitro, which due to the significantdevelopment of the field of assisted reproductive technologies, is increasingly at risk of its illegal use, or even illegal creation for commercialor other non-infertility treatment. The author analyzes different doctrinal approaches in the civil law of Ukraine and Germany,through the prism of the current legal regulation and practice of the European Court of Human Rights. The paper supports the positionon the right to the embryo as a personal immaterial right and expands it in the sense that such a component of reproductive rights asthe right to determine the future fate of embryos in vitro will also belong to persons to whom assisted reproductive technologies havebeen applied and as a result these embryos where created. Resulting from this analysis, the position on the inadmissibility of the interpretationof the unimplanted embryo as an object of property law is expressed. To support this point of view, the author cites the judgmentof the European Court of Human Rights in Parrillo v. Italy, in which the court emphasized the inadmissibility of the assessmentof embryos as an object of property rights. In particular, the paper proposes to define the regime of unimplanted embryo in vitro as anobject that has a personal immaterial connection to persons for whose treatment of infertility (parents-customers) it was created. Andit is these individuals who will have the right to determine its future. In this regard, it is proposed to reflect this concept in the cuurentregulation in partricular Procedure for the use of assisted reproductive technologies. From the proposed wording, first, it will followthat in vitro embryos created as a result of the partial or full use of donor biological material at the request of persons to whom assistedreproductive technologies are applied will have this personal connection only with the future parents and there will not be an ethicaldilemma regarding who will have the right to determine their future fate (biological parents (reproductive cell donors) or future parents).Secondly, it will also mean that embryos can only be created for reproductive purposes, and an institution providing reproductive ser -vices will not have the right to create or dispose of embryos in vitro at its own discretion without the proper consent of its future parent.And, thirdly, it will exclude the possibility of interpreting such embryos as objects of property rights.

scholarly journals Organizational And Legal Conditions For The Realization Of Member’s Right For Information In LLC And ALC

2019 ◽  
pp. 97-103
Author(s):  
V.V. Vasylieva
Keyword(s):  
Supervisory Board ◽  
General Rule ◽  
General Meeting ◽  
Financial Statements ◽  
Annual Reports ◽  
Corporate Rights ◽  
Right To Information ◽  
The Right ◽  
Audit Reports ◽  
Executive Body

This article defines the right to information as an important component of the corporate rights of a company member, on the security of which the effective exercise of its other competencies depends. The author states that the right to information is ensured by the statutory obligation of the company to storage a certain list of documents related to the activities of the company. The Art. 43 of the LLC provides a list of documents that the company is obliged to keep such as: documents related to the foundation of the company and the founding documents and changes thereto; documents on creation of branches, representative offices of the company (in case of their creation); documents related to the issue of the securities and documents certifying the ownership of the company to the property; documents regulating the activities of the company bodies and changes thereto (regulations, instructions, etc.); documents related to the work of the bodies of the company (general meeting, executive body, supervisory board): protocols, orders, orders; documents in which the results of the company’s economic activity are directly reflected: annual financial statements, documents of annual reports submitted to the relevant state bodies, accounting documents; documents from third parties regarding the company: audit reports and results of other audit services. As a general rule, the executive body of the company is responsible for keeping the documents, and the chief accountant (if assigned) - for the accounting documents and financial statements. Due to the latest updates in the legislation of Ukraine, the participant is guaranteed with the right to receive copies of documents required by him from the company. The right to information is also ensured by establishing the responsibility of officials for not providing information or providing false information about the activities of the company. This right is protected by applying to the court for compulsory in-kind performance.

scholarly journals Corporate Rights Of The Spouses: The Essence Of The Legal Regime

2019 ◽  
pp. 103-113
Author(s):  
N.D. Vintoniak
Keyword(s):  
Legal Regulation ◽  
The Other ◽  
Legal Regime ◽  
Share Capital ◽  
Corporate Rights ◽  
Marital Property ◽  
Shared Property ◽  
The Law ◽  
The Right ◽  
A Company

The article is devoted to the question of legal regulation of corporate rights of spouses. The issues of the legal regime of marital property as well as the essence of the legal regime of spouses’ corporate rights have been discussed. It has been justified that upon investing marital property into the authorized share capital of a corporation which one of the spouses has ownership rights in, the rights of rem become the law of obligation (vinculum iuris). The law of obligation, incurred between spouses upon investing part of the shared property into company’s authorized share capital to participate in the authorized share capital, is based on the claim rights. It is noted that since the moment the company is registered with the State Registrar of Companies, such a company becomes a participant of civil law relations. The predetermined contribution (consisting of marital property) invested into the authorized share capital of a corporation becomes the property of the mentioned legal entity and is not subject to shared property of the spouses. Therefore, marital property as joint owned property becomes sole and separate property of the corporation. It has been proved that taking into account the indivisibility and the personalized nature of corporate rights, corporate rights cannot be subject to shared property of the spouses. This statement is supported by the fact that having the other spouse as a shareholder will lead to the increase in the number of shareholders. It has been explained that the legal regime of spouses’ corporate rights is subject to special legal regime, namely transformation of property rights. For that of the spouses who is a company shareholder, the right to property, which is being contributed to the authorized share capital of the corporation, becomes corporate right. For the other spouse, the mentioned above rights become claim rights.

scholarly journals Keberpihakan Hukum Islam Terhadap Perlindungan Anak

AL- ADALAH ◽  
2018 ◽  
Vol 14 (2) ◽  
pp. 391
Author(s):  
Siti Nurjanah
Keyword(s):  
Pregnant Women ◽  
Child Protection ◽  
Future Generations ◽  
Modern World ◽  
Right To Life ◽  
The Future ◽  
The Right ◽  
To Receive

Child protection has become an important issue in the modern world. To guarantee the future generations, children must be protected from all forms of of interference, threats, violence and exploitation carried out by adults. Protection is not only charged to parents, but also to the community, nation and state. This article tries to examine the attitude of Islam towards the issue of child protection through a search of syara arguments. Especially in the Qur'an and in the Hadith. This study finds out that Islam has a broader perspective. In guaranteeing the needs of children. The guarantees start when they are still in the wombs (fetus) to adulthood. This can be understood from the provisions of the Shari'ah which prohibits abortion and provide relief for pregnant women not to fast during the month of Ramadan. In addition, Islam also gives rights to children, such as the right to life, the right to have aqiqah (religious redemption), the right to have a good name, the right to receive breastfeeding for two years, and so on.

The European Court of Human Rights and Access to Information

2014 ◽  
Vol 3 (2) ◽  
pp. 303-315
Author(s):  
Florian Lehne ◽  
Paul Weismann
Keyword(s):  
Human Rights ◽  
Case Law ◽  
European Convention ◽  
Access To Information ◽  
Traditional Concept ◽  
European Court ◽  
Recent Developments ◽  
Legal Innovation ◽  
The Right ◽  
To Receive

This contribution analyses the judgment of the European Court of Human Rights (ECtHR) in Österreichische Vereinigung zur Erhaltung, Stärkung und Schaffung eines wirtschaftlich gesunden land- und forstwirtschaftlichen Grundbesitzes v Austria1 which was handed down in November 2013. In this judgment, the Court affirmed a violation of Article 10 of the European Convention on Human Rights (echr), because an Austrian appellate authority refused entirely to provide access to its past decisions. After an introduction into recent developments regarding the ‘right to receive information’, the facts of the case are presented. Subsequently, the Court’s reasoning in the assessment of the case is analysed with a view to the questions ‘interference’, ‘prescription by law’, ‘legitimate aims’ and ‘proportionality’ (stricto sensu). The Court’s supplementation of the traditional concept ‘public watchdog’ by the new notion of ‘social watchdog’ shall be outlined and a critical view on this legal innovation shall be provided, also with regard to the Court’s recent case law which is already pointing in this direction.

The Pricing of Stock Options

2004 ◽  
Author(s):  
Lisa Borland
Keyword(s):  
Stock Price ◽  
Stock Options ◽  
Market Price ◽  
Fair Price ◽  
Nonextensive Statistics ◽  
The Future ◽  
Future Events ◽  
The Right ◽  
To Receive ◽  
Right To Buy

We describe how a stock price model based on nonextensive statistics can be used to derive a generalized theory for pricing stock options. A review of theoretical and empirical results is presented…. In 1973, Black and Scholes [1] and Merton [12] published their seminal papers which developed a theory of the fair price of options. Scholes and Merton were later to receive the 1997 Nobel prize for this famous work (Fisher Black had unfortunately passed away two years earlier). Options are important financial instruments which are traded in a huge volume all around the world on a variety of exchanges. There are options on underlying assets ranging from orange juice to gold, stocks to currency. In principle, an option is simply the right—but not the obligation—to execute some previously agreed upon action, for example, the right to buy or sell the underlying asset at some predetermined price, called the strike. It is not difficult to understand that the existence of such instruments could be extremely useful—for example, the right to buy an asset at a certain price protects against unforeseen events which could lead to huge price rises and thereby losses to someone who knows that they will need the asset at some time in the future. Similarly, the right to sell the asset at a certain price will protect against unforeseen drops in its value. These examples illustrate the use of options to hedge oneself against possible future events. Another use is more speculative: If a trader believes that the price of a stock will rise above a certain price at some date in the future, then it is in his interest to secure an option to buy the stock at some fixed lower price. Then, if the price of the stock does rise above that price, the trader can execute his option, just to turn around and resell the stock again at the higher market price.

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