Die Treuhand als Rechtsform für Sondervermögen

2020 ◽  
Author(s):  
Dachuang Chen
Keyword(s):  
Federal Court ◽  
Point Of View ◽  
Legal Form ◽  
Legal Rules ◽  
Starting Point ◽  
Federal Court Of Justice ◽  
Uk Supreme Court ◽  
The Uk ◽  
Trust Law

The trust account is one of the most commonly used legal tools in business and is the subject of numerous legal disputes. Due to the absence of a trust code, there are no uniform legal rules for the requirements of the trust account. Moreover, the protection of the trust accounts from creditors of the trustee and the settlor in compulsory enforcement and bankruptcy is unregulated. This thesis attempts to close the gap. First, the topic will be outlined on the basis of two rulings of the UK Supreme Court and the German Federal Court of Justice (BGH). Subsequently the rules set out in the German case law will be systematically analysed. The asset partitioning approach will then be chosen as the dogmatic starting point for the justification of the protective effect of the trust account. The trust will accordingly be qualified as a legal form for special patrimony, and the theory of special patrimony will be examined in depth. The crucial role of subjective and objective ringfencing in order to effect a partitioning of assets will be highlighted, and the rules in the jurisprudence critically evaluated from this point of view. The last chapter is a comparative presentation of Chinese trust law.

Excessive Data Collection as a Form of Anticompetitive Conduct: The German Facebook Case

2021 ◽  
pp. 0003603X2199702
Author(s):  
Anne C. Witt
Keyword(s):  
Data Collection ◽  
Competition Law ◽  
Federal Court ◽  
Digital Platforms ◽  
High Profile ◽  
Court Of Justice ◽  
Federal Court Of Justice ◽  
Constitutional Right ◽  
Abuse Of Dominance

In a high-profile decision of February 6, 2019, the German Federal Cartel Office prohibited Facebook’s data collection policy as an abuse of dominance for infringing its users’ constitutional right to privacy. The case triggered a remarkable interinstitutional dispute between the key players in German competition law. Conflicting rulings by the Düsseldorf Higher Regional Court and the German Federal Court of Justice further illustrate how deeply divided the antitrust community is on the role of competition law in regulating excessive data collection and other novel types of harm caused by dominant digital platforms. This contribution discusses the original prohibition decision, the ensuing court orders, and legislative reform proposals in the broader context of European Union and U.S. competition law.

Il ruolo della teoria nella positivizzazione dei diritti umani: attualitŕ e limiti della proposta di Norberto Bobbio

2009 ◽  
pp. 475-484
Author(s):  
Elena Pariotti
Keyword(s):  
Human Rights ◽  
Point Of View ◽  
Internal Point ◽  
Legal Form ◽  
Precise Content

The paper focuses on Bobbio's argument against the possibility and the usefullness of human rights foundation/justification. This argument is criticized from both an external and the internal point of view. First, the Author questions the identification between finding a conclusive foundation for human rights and justifying human rights, since it causes a complete deny of the role of theory in understanding human rights as well as in giving them a precise content and a legal form. Then the Author argues that (i) justification of rights is implied by their judicial application and evolution; (ii) some important points in Bobbio's thought the meaning attached to crucial notion, such as equality and liberty, the link between rights, peace and democracy need the importance of theory is defended.

The constitutional influence of the Judicial Committee of the Privy Council on the UK apex court: institutional proximity and jurisprudential divergence?

2020 ◽  
Vol 71 (2) ◽  
pp. 285-302
Author(s):  
Roger Masterman
Keyword(s):  
Supreme Court ◽  
Ad Hoc ◽  
Court Decisions ◽  
Privy Council ◽  
House Of Lords ◽  
Uk Supreme Court ◽  
Proportionality Test ◽  
The Uk ◽  
The Relationship

It is often claimed that the constitutional role of the UK’s apex court is enriched as a result of the experiences of the Judicial Committee of the Privy Council as interpreter of constitutions within its overseas jurisdiction. This paper considers the relationship between the House of Lords/UK Supreme Court and the Judicial Committee and its effect on the importation of external influences into the UK’s legal system(s), further seeking to assess how far the jurisprudence of the Judicial Committee has influenced constitutional decision-making in the UK apex court. While ad hoc citation of Privy Council authorities in House of Lords/Supreme Court decisions is relatively commonplace, a post-1998 enthusiasm for reliance on Judicial Committee authority – relating to (i) a ‘generous and purposive’ approach to constitutional interpretation and (ii) supporting the developing domestic test for proportionality – quickly faded. Both areas are illustrative of a diminishing reliance on Judicial Committee authority, but reveal divergent approaches to constitutional borrowing as the UK apex court has incrementally mapped the contours of an autochthonous constitutionalism while simultaneously recognising the trans-jurisdictional qualities of the proportionality test.

International Trust Laws

2017 ◽  
Author(s):  
Paolo Panico
Keyword(s):  
Supreme Court Decision ◽  
Virgin Islands ◽  
Control Mechanisms ◽  
Cayman Islands ◽  
Asset Protection ◽  
Council Decision ◽  
Uk Supreme Court ◽  
The Uk ◽  
Law And Legislation ◽  
Trust Law

International Trust Laws is a wide-ranging comparative guide to the law of trusts across a number of important jurisdictions, with analysis of issues surrounding the creation of trusts, the powers and duties of trustees, mechanisms of control, and the special uses of trusts. The book combines academic rigour and analysis with a practical focus on trusts in the real world, including assets which modern settlors wish to envelop in a trust; liability concerns of trustees; and the governance, command, and control mechanisms which increasingly form the largest feature of trust creation. It also provides valuable background for trust law practitioners, whether they advise on trusts, draft trust documents, or litigate trust-related matters. The new edition has been fully revised and updated to address important developments in case law and legislation, including the UK Supreme Court decision on the “rule in Hastings-Bass” (Pitt and Futter cases), the Privy Council decision on ‘reserved powers trusts’ (TMSF), decisions on forced heirship issues in Jersey and Guernsey, decisions on ‘asset protection trusts’ in the US, the Trusts (Amendment N. 5) (Jersey) Law 2012 and Trusts (Amendment N. 6) (Jersey) Law 2013, Hong Kong's Trust Law (Amendment) Ordinance 2013, the Virgin Islands Special Trusts (Amendment) Act 2013 and Trustee (Amendment) Act 2013, Cyprus' International Trusts (Amendment) Law 2012 Cayman Islands, Trusts Law (2011 Revision), and amendments to the trusts law of New Zealand. It also offers new coverage of the retirement, removal, and appointment of trustees, with a special emphasis on trustee indemnity; and the recognition of trusts in non-trust jurisdictions (civil law jurisdictions, Eastern Europe, Islamic countries, and China).

11. Free movement of goods

2020 ◽  
pp. 294-322
Author(s):  
Sylvia de Mars
Keyword(s):  
Member State ◽  
Specific Volume ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
Legal Rules ◽  
Starting Point ◽  
Free Movement Of Goods ◽  
The Uk ◽  
The Eu

This chapter explores the free movement of goods, which lies at the very heart of the internal market. The idea of the free movement of goods was the starting point that the EEC Treaty aimed for, and remains one of the greatest achievements of the EU to date. However, as with everything in EU law, there are a lot of legal rules underpinning a fairly straightforward concept. The Treaty contains two separate sets of provisions that address matters of taxation when it comes to trade in products. The first relates to border taxation, while the second relates to internal taxation. With regard to non-taxation issues, the primary issue is quantitative restrictions: situations where a Member State either blocks a specific volume of products from entering its market, or outlaws/bans a product altogether. The chapter then considers the exceptions to free movement of goods, and assesses how Brexit may impact on the free movement of goods between the UK and the EU.

Samuel Smith and Judicial Review of Policy Interpretation: A Middle Way in the Law and Policy Divide

2020 ◽  
Vol 32 (3) ◽  
pp. 577-587
Author(s):  
Samuel Ruiz-Tagle
Keyword(s):  
Judicial Review ◽  
Planning System ◽  
Distinctive Character ◽  
Policy Interpretation ◽  
Middle Way ◽  
Law And Policy ◽  
The Law ◽  
Uk Supreme Court ◽  
The Uk

Abstract This analysis explores new developments in judicial review of planning policy interpretation. It shows how the nature of policy, often contextual and judgment-dependent, has led the UK Supreme Court to rethink the standard of review applicable to this issue. By considering the recent decision in Samuel Smith as part of a trilogy of cases—including Tesco Stores and Hopkins Homes—this analysis reveals a change in judicial attitudes, away from the expansive judicial supervision upheld in Tesco Stores. Furthermore, this study reflects on how this change is related to two wider ideas. The first is the Court’s understanding of the law and policy divide in the planning field, whilst the second is to do with a pragmatic stance regarding the purpose of the planning system and the institutional role of the courts in it. Finally, this analysis shows how the new approach emphasises the distinctive character of policy in the planning context.

The Risk of Reverse Convertible Bonds: German Capital Market Law and Investor Protection

2002 ◽  
Vol 3 (12) ◽  
Author(s):  
Sung-Kee Kim ◽  
Peer Zumbansen
Keyword(s):  
Capital Market ◽  
National Policy ◽  
Federal Court ◽  
Convertible Bonds ◽  
Financial Instruments ◽  
Investment Funds ◽  
Legal Rules ◽  
German Capital ◽  
Federal Court Of Justice ◽  
Investment And Financing

In times of a continuously expanding proliferation of investment and financing possibilities in the hands of banks, investment funds and individual capital investors, particular attention should be paid to the effects that new financial instruments are likely to have not only on concrete financing and investing modes but also on the further development of legal rules in this field. As the German capital market has been considered unable - at least until the widely marketed Deutsche Telekom IPO - to get rid of its persisting prejudice of being structurally lagging behind other countries’ systems, the legal treatment of emerging financial instruments deserves greatest attention. The rocket science of new financial instruments challenges law's aim to rightly assess the real quality of these instruments and to strike an adequate balance between the interests involved against a national policy background and EU demands. While the past few years have been a time of great legislative activity in the field of company and capital market law in Germany, only a closer look at court decisions reveals the true pressure resulting from a fast moving capital market on traditional legal perceptions. The so-called Aktienanleihe-Decision by the Federal Court of Justice, [FCJ] (Bundesgerichtshof - BGH) of 12 March 2002 marks an important step in the ongoing process of Germany's developing capital market law.

THE ROLE OF THE COMMUNIST BLOC IN THE ILO DURING THE COLD WAR – SELECTED ISSUES

2020 ◽  
Vol 2 (XX) ◽  
pp. 263-276
Author(s):  
Łucja Kobroń-Gąsiorowska
Keyword(s):  
Point Of View ◽  
International Labor Organization ◽  
International Labor ◽  
Central Hypothesis ◽  
Starting Point ◽  
The Cold War ◽  
Communist Countries ◽  
Political Economic ◽  
Key Questions

In this article, from a multidisciplinary point of view, key questions were raised that defined how the bloc of communist countries had an impact on the International Labor Organization. The author believes that the role of communist countries in the ILO depended not only on the international political, economic and social context of the time, but also on the field of globalized labor history and relations of international organizations. The starting point of this article is the central hypothesis that the concept of protecting employees and the rights of employers has always been presented from the point of view of the „bloc” of capitalist states, without reference to the role of communist states.

scholarly journals The Role of the Cell Volume-Area Ratio in Thermodynamic Analysis of the Cancer Growth Control for In Vitro Experiments

2018 ◽  
Author(s):  
Umberto Lucia ◽  
Giulia Grisolia
Keyword(s):  
Growth Control ◽  
Area Ratio ◽  
Point Of View ◽  
Cancer Growth ◽  
Cyclic Process ◽  
Cell Life ◽  
Starting Point ◽  
Cell Changes

From a thermodynamic point of view, living cell life is no more than a cyclic process. It starts with the newly separated daughter cells and restarts when the next generations grow as free entities. In this cycle the cell changes its entropy. In cancer the growth control is damaged. In this paper we analyze the role of the volume-area ratio in cell in relation to the heat exchange between cell and its environment in order to point out the effect on the cancer growth. The result holds to a possible control of the cancer growth based on the heat exchanged by the cancer towards its environment, and the membrane potential variation, with the consequence of controlling the ions fluxes and the related biochemical reactions. This second law approach could represent a starting point for a possible future support for the anticancer therapies, in order to improve their effectiveness for the untreatable cancers.

scholarly journals The Role of Organizational Emotions in Strategic Leadership: A literature Review

2021 ◽  
Vol 1 (5) ◽  
Author(s):  
Sudirman Sudirman
Keyword(s):  
Positive Emotions ◽  
Point Of View ◽  
Strategic Leadership ◽  
Future Research ◽  
Exclusion Criteria ◽  
External Resources ◽  
Grounded Theory Method ◽  
Starting Point ◽  
Strategic Leaders

Emotions are human things. When people consider emotions from a strategic leadership point of view, additional individual framing factors become unavoidable and play a role in an organization's management process. This research aimed to evaluate the existing literature on emotion and strategic leadership comprehensively. The study was a survey of the literature on emotion and strategic leadership. Because of the search and exclusion criteria applied, only 24 articles were relevant. The texts were studied using the grounded theory method to build a new theoretical model and identify essential characteristics of organizational emotion shifting. The model tried to demonstrate how the interaction of human and organizational elements and the task and problems faced by strategic leaders result in internal and external emotional shifts. This literature survey and theoretical integration provided a starting point for further research. The results show that the conceptualization of emotions in strategic leadership encompasses all five levels: positive emotions, negative emotions, emotional empowerment (internal emotion shaping), the establishment of external resources, and the use of power (external emotions shaping). The research revealed that emotion in organizational shaping was a key variable. This variable identified the numerous ways strategic leaders use emotion to shape organizations. It indicates that the concept can bring the person (strategic leader) and organizational levels together. In light of the limited literature, mainly focusing on strategic and emotional leadership, the model should be tested as a foundation for future research.

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