Dissertations / Theses: 'Business Law'

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Dorda, Svitlana Volodymyrivna, Світлана Володимирівна Дорда, and Светлана Владимировна Дорда. "Business English for Law." Thesis, Kyiv, 2001. http://essuir.sumdu.edu.ua/handle/123456789/63558.

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Modern community has provided a great deal of work for lawyers. The number of people entering the legal professions has been increasing, but the demand for lawyers has increased even faster, especially for those who can speak English.

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Liu, Wei. "Common law's expedition : the impact of Hong Kong business law on PRC business law." Thesis, University of Cambridge, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.245168.

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Borg-Barthet, Justin. "The governing law of companies in EU Law." Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=167398.

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This thesis addresses the theoretical and legal foundations for choice of corporate law in the European Union. In particular, it evaluates the contractarian approach to choice of law, which has become the dominant paradigm. When contractual principle is viewed in its fullest form, it is found that corporate choice of law could be restricted for similar reasons to those which justify limitations to party autonomy in contractual choice of law. What is more, economic arguments for party autonomy should be refined in view of the fact that corporate legal theory is unsettled. Indeed, different views about the economic nature of companies are accounted for in State practice. Having rejected dogmatic approaches to the private international law of companies, it is then found that the EU Treaties contain contradictory signals about the place of party autonomy in choice of corporate law. The lack of clarity in the Treaties and lack of legislative progress has necessitated recourse to the European Court of Justice. The Court has, generally, adopted an interpretation of the Treaty which furthered economic integration. However, the judgments reveal numerous inconsistencies, and the law is in a constant state of flux. Added to the fact that the EU’s legislation is less permissive than the Court’s judgments, the law lacks clarity. Legislation is therefore needed. It is suggested that future legislation should entrench a degree of autonomy, but should also account for the fact that States differ on the goals of companies. While the law of the State of incorporation should govern all matters relating to the company’s internal law, European law should bind the Member State in which a company is established to require pseudo-foreign companies to incorporate norms of the State of its real seat in their statutes. This could be supported through the use of information technology solutions which have been pioneered in other fora.

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Norris-Jones, Renee. "Relationships Between Business Performance Variables and Solo Criminal Law Practitioner Business Success." Thesis, Walden University, 2017. http://pqdtopen.proquest.com/#viewpdf?dispub=10638890.

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Growing numbers of America’s 1,281,432 active licensed attorneys open their own law firms due to strained employment opportunities. With 50% of small businesses failing within 5 years, and solo law offices accounting for 75% of attorneys in private practice, there is a need for preparing solo criminal law practitioners for business success. Some solo criminal law practitioners do not understand the critical business performance variables that impact small business success. The total population for this quantitative correlational study included solo criminal law practitioners from the Philadelphia Bar Association Legal Directory and Pennsylvania Association of Criminal Defense Lawyers members. Barney’s resource-based theory (RBV) and Lussier’s nonfinancial success-failure business prediction model were the foundational frameworks of this study. I used Lussier’s nonfinancial success-failure questionnaire to collect data via a self-administered survey. A Kendall tau correlation was used to determine the relationship between Lussier’s 16 independent variables measuring success or failure and a single dependent variable of ‘level of profits’ for the 31 participants. 31 participants (4%) is a very low response rate. Increased participation is needed for better research results. Fifteen of the 16 variables showed no relationships with the level of success. Only 1 hypothesis showed a relationship between the type of start-up plan developed by the firm and the level of success (τ = .322, p = .032). The findings from this study support the Small Business Association’s definition of a business plan as a living roadmap for business success. The implications for positive social change include the potential to increase employment opportunities by directly impacting the economy in creating economic expansion.

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Lunová, Elina. "Impingement of law rules on the Retail Business." Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-12133.

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Adams, Karen Ann. "Accounting Strategies for Small Business Law Firms' Sustainability." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/2629.

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Small business family law firms generate jobs within the local community, but often fail because of suboptimal accounting strategies. A multiple case study was used to research the accounting strategies small business family law firm owners use to succeed in business beyond 5 years. The population for this study was three small business owners of family law firms located in West Chester, Pennsylvania. The small business family law firm owners had achieved and maintained profitability of their businesses for a minimum of 5 years. Financial literacy theory and the leadership skill model comprised the conceptual framework for this study. Data collection included semistructured face-to-face interviews with the small business family law firm owners, a review of company documents, and field notes. Thematic analysis included data from face-to-face interviews, document collection, field notes, and current literature. Themes that emerged were (a) having or obtaining some formal accounting education, (b) working with an accounting professional, (c) categorizing expenses and using formal financial reporting, (d) developing and maintaining ethical standards of billing and unearned income, and (e) utilizing accounting software. Recommendations for action included investing in accounting courses and seeking professional assistance. Small business family law firm owners may apply these results to spend more time working with clients to increase income. Increasing the success of small business family law firm owners may contribute to positive social change by providing increased employment and economic health within communities.

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Galli, Federico <1993&gt. "Algorithmic business and EU law on fair trading." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2021. http://amsdottorato.unibo.it/9750/1/tesifinale_galli.pdf.

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This thesis studies how commercial practice is developing with artificial intelligence (AI) technologies and discusses some normative concepts in EU consumer law. The author analyses the phenomenon of 'algorithmic business', which defines the increasing use of data-driven AI in marketing organisations for the optimisation of a range of consumer-related tasks. The phenomenon is orienting business-consumer relations towards some general trends that influence power and behaviors of consumers. These developments are not taking place in a legal vacuum, but against the background of a normative system aimed at maintaining fairness and balance in market transactions. The author assesses current developments in commercial practices in the context of EU consumer law, which is specifically aimed at regulating commercial practices. The analysis is critical by design and without neglecting concrete practices tries to look at the big picture. The thesis consists of nine chapters divided in three thematic parts. The first part discusses the deployment of AI in marketing organisations, a brief history, the technical foundations, and their modes of integration in business organisations. In the second part, a selected number of socio-technical developments in commercial practice are analysed. The following are addressed: the monitoring and analysis of consumers’ behaviour based on data; the personalisation of commercial offers and customer experience; the use of information on consumers’ psychology and emotions, the mediation through marketing conversational applications. The third part assesses these developments in the context of EU consumer law and of the broader policy debate concerning consumer protection in the algorithmic society. In particular, two normative concepts underlying the EU fairness standard are analysed: manipulation, as a substantive regulatory standard that limits commercial behaviours in order to protect consumers’ informed and free choices and vulnerability, as a concept of social policy that portrays people who are more exposed to marketing practices.

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Prins, Deon. "Priority issues in business rescue." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16728.

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The status of a creditor has always been vitally important in South African law. Our law contains numerous provisions - amongst others in the law of insolvency - to protect creditor's rights, that is, the ability of creditors to collect from debtor s what they are owed. Traditionally secured creditors - that is, creditors who hold some form of real security for their claim - rank higher in priority when it comes to repayment of their claims by a defaulting debtor, both in individual and collective debt enforcement procedures, and as such are, in the vast majority of cases, able to recover full or at least partial repayment of their claims. Business rescue was introduced into South African l aw with the commencement of the Companies Act 71 of 2008, which became effective on 1 May 201 1. Business rescue is a relatively new collective debt enforcement mechanism applicable to corporate debtors. There has been considerable uncertainty with regards to the interpretation of some of its provisions, mainly due to important concepts and terms not being defined. This uncertainty has extended to the provisions dealing with the extension of finance to a corporate debtor after commencement of the business rescue proceedings (so-called 'post-commencement finance') and the ranking of priority of creditors of such corporate debtor during the business rescue proceedings. The dissertation firstly seeks to explain the concept of business rescue, with specific emphasis on post-commencement finance. The relevant provisions relating to post-commencement finance are interpreted along the lines of recent principles governing statutory interpretation. An apparent conflict in the interpretation of these provisions is identified through specific reference to the limited number of judicial pronouncements on this subject matter to date. In attempting to resolve the apparent conflict in the interpretation of the relevant provisions, the dissertation then briefly considers the background to business rescue in South Africa. The Companies Act itself is considered, with specific reference to its stated purpose and objects, along with a look at the historical development of the specific provisions in question. A brief review is then undertaken of the role and f unction of real security in a collectively debt enforcement procedure such as business rescue under South African law, with specific reference to the existing distribution rules in insolvency la w. A comparative review of relevant foreign jurisdictions is then carried out. The dissertation concludes with a suggested approach to the interpretation of the ranking of priorities under business rescue.

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Scruggs, Larry Glen. "Unrelated Business Enterprise and Unfair Business Competition Issues Facing Nonprofit Organizations." PDXScholar, 1996. https://pdxscholar.library.pdx.edu/open_access_etds/1361.

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Unrelated business enterprises have been an appropriate way for nonprofit organizations to generate income since the first income tax was enacted into law. The Internal Revenue Act of 1950 clarified this opportunity and enacted the Unrelated Business Income Tax to ensure that fair competition existed between nonprofits and for profit organizations. Nonprofit organizations conducting unrelated business enterprises are faced with a dilemma: it is legal for them to conduct such enterprises but if they do so they face potential litigation from for profit business for unfair competition and/or potential loss of tax-exempt status for operating outside of their exempt function. This dissertation traces the history and theory of tax-exempt status, the history of unrelated business enterprises, and how several states, including Oregon, have addressed the issue. It then explains two major pieces of litigation in Oregon in the 1980's, Southern Oregon State College and YMCA of Columbia-Willamette, then discusses the history of the media attention and legislative/bureaucratic action in the same period. Current litigation and media attention is then discussed. The paper then discusses two theoretical frameworks, Agenda Building and Advocacy Coalition, as a means to analyze the data. Following is a discussion of how the issues of unrelated business enterprises and unfair business competition can be handled by nonprofits and the changing criteria for tax-exempt status in Oregon. The dissertation concludes with the changing criteria for tax-exempt status in Oregon and fundamental philosophical and political issues yet to be decided. Included are recommendations such as a periodic review of tax-exempt status of nonprofits, the need for nonprofits to continually review their mission and exempt purpose, the need for nonprofits to maintain their relationships with the community they serve, and how nonprofits need to develop a self-governing program before government develops one for them.

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Raiskin, Julia. "The role of law in Russian international business transactions." Thesis, University of Oxford, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.402789.

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Du, Toit Leo. "Tax implications for business rescues in South African Law." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/26627.

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The South African Revenue Service has in the past had difficulty in applying debt forgiveness in cases of corporate and business rescues. Taxation legislation was drafted to counter innovative section 311 schemes of arrangements where the sole purpose was to obtain maximum taxations benefits in relation to entities in financial difficulties. This approach was only concerned with the interests of the Revenue authorities. The central theme of this study focuses of the procedures now available to tax authorities and debtors alike when compromises were and are considered in South Africa in terms of income tax and company legislation. The South Africa Revenue Service’s approach the corporate rehabilitation is examined which is vital for investors, creditors and debtors alike. A comparative study with similar procedures in England is undertaken to establish how valid the procedures are in establishing a viable corporate rescue environment in South Africa in the future.
Dissertation (LLM)--University of Pretoria, 2012.
Procedural Law
unrestricted

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Nguyen, Trung Van. "Clerics and religious in business." Theological Research Exchange Network (TREN), 1999. http://www.tren.com.

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Kaulungombe, Kaluba Gloria. "Business rescue for Zambia: suggestions for legislative reform." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12359.

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A Company is an integral part of the community in which it does business as it impacts on that community and the economy of the country as a whole. Consequently, the failure of that company not only affects that community but also the shareholders, suppliers, employees and customers. The company law of a country therefore needs to provide a means to preserve commercial enterprises that are capable of making a useful contribution to the economic life of a country. In recent years, several developed and developing countries have enacted business rescue legislation to supplement existing insolvency rescue procedures such as receivership and the scheme of arrangements. This dissertation discusses the need for Zambia to enact adequate business rescue legislation considering the current inadequacies in the existing Companies Act.

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Kvist, Karin, and Evelien Radius. "Repatriates in Europe-A business perspective-." Thesis, Kristianstad University College, Department of Business Administration, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4512.

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This thesis explores some of the individual and organisational challenges involved in the repatriation process after international assignments. The purpose of this dissertation is to probe the turnover rate after repatriation in Europe and to determine whether this is considered to be a problem. The study was conducted through means of a questionnaire on a sample of Human Resource Managers in Western European companies. The authors did find some trends that may indicate that the climate for repatriates differs from that in North America. The authors did not, however, find influences connecting knowledge management and repatriate turnover.

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Abader, Mogamad Shahied. "The labour law consequences of a transfer of a business." Thesis, University of Port Elizabeth, 2003. http://hdl.handle.net/10948/306.

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The burden that South African labour law has to bear in relation to the economy is very heavy by international standards. In most industrially developed countries, the economy is strong enough either to provide jobs for most work-seekers or, failing that, an adequate social security system for households without breadwinners in place. In most developing countries with high unemployment rates, the labour law system makes only perfunctory effort to reach out to those facing economic marginalisation. South Africa, essentially a developing country, is not like that. The legal system is strong, works off a firm human rights base, and sets out to grapple with the issues. That is how it should be, but it comes at a price – an oftengraphic exposure of the limits of the law in a stressed society. Businesses operate for profit and survival according to the unsentimental ways of the market, and employees back in a bid to save jobs, lifestyles and livelihoods. The stakeholders use power when they have it, and make claims on the law when they don’t. The legislation and the case law reflect, add to and, to a degree, shape the complexities of these contests, and no more so than in the area of business restructuring.1 The new South Africa has quickly become the destination for foreign investment. The weakness of the rand against the dollar, pound, euro and with the “cost to sell and produce” being so low against these currencies, players on the corporate stage constantly change their make-up and composition. The larger engulfs the smaller, one company buys shares in another, or buys it out entirely, or all or part of its assets, and others are liquidated. In all these situations, employees in South Africa may find themselves with new bosses on the morning after. Under common law employees in this situation were deemed to have been discharged by the former employer, whether or not they have been offered positions in the transformed structure. If they did not want to work under it, they could not be forced to do so. That was because an employment contract was deemed in law to be one of a personal nature that could not be transferred from one employer to another without the employees consent. This research is conducted at an interesting time, when the amendments to the Labour Relations Act 66 of 1995 in respect of the transfer of a business, and in particular section 197, dealing with such matters comes into effect. It is also interesting in the sense that most judgements of the Commission for Conciliation, Mediation and Arbitration (CCMA) and judgements of the Labour Court were moving more or less to a common approach or interpretation of section 197 of the Labour Relations Act 66 of 1995 (hereinafter “the LRA”). Section 197 of the LRA sought to regulate the transfer of a business as a going concern and altered the common law regarding the transfer of a business in two situations – firstly when there is no insolvency, factual or legal, concerned, and secondly in the instance where the transferor is insolvent. The first extreme was when an employer is declared insolvent and the contracts of employment terminated automatically. The second extreme was from the first whereby the employer has to terminate the services of his employees and be liable to pay severance pay in terms of section 1893 of the LRA, which has also been amended along with section 197 of the LRA. It is as if this section was introduced to remedy these extremes. These extremes will be dealt with in detail in this paper. The transfer of goodwill and assets from the seller to the buyer occurs when a business is sold as a going concern. At common law the employees of a business cannot be transferred in the same manner. The Labour Relations Act 66 of 1995 altered this position. By enacting this section the legislature wanted to protect the interest of the employees in such transactions. Whether the legislature has succeeded or not is a matter that will be dealt with in this paper. It is all dependent on the interpretation of this section by the commissioners and judges. By including section 197 in the LRA, the legislature’s intention was to resolve the common law problem where employment contract terminated upon the sale of a business, and this section was intended to be an effective tool for protecting the employment of employees. In order to understand the labour law consequences of the transfer of a business, it is important to understand the provisions of sections 197 and 197A of the Labour Relations Amendment Act 2002. This will be dealt with and each section will be discussed in detail using relevant case law and literature. In considering investing in a South African based company by way of purchasing a share of the company and giving it your own flavour, one has to carefully consider the effects of this transaction. Companies wishing to restructure, outsource, merge or transfer some of its operations will need to understand what the implications of the labour legislation will have on their commercial rationale. Section 197 regulates the employment consequences when a transfer of a business takes place. This is defined to mean the transfer of a business by one employer (the old employer) to another employer (the new employer) as a going concern. Business is defined to include the whole or part of the business, trade undertaking or service. Like the current provision, the new provision referrers to the transfer of a business. It is therefore a wider concept than the sale of a business.4 No attempt is made to define what constitutes a going concern and the controversial issue of whether an outsourcing exercise can constitute a going concern transfer is also not explicitly dealt with. The fact that a business is defined to include a service may be an indication that it was intended to typify outsourcing as a going concern transfer, but this is not necessarily the case.5 The amendments to the Act6 came into effect on 1 August 2002. Sections 197 and 197(A) of the Act consequently seeks to regulate the transfer of a business. These regulations will be dealt with individually and in a format that would make each of the sections in sections 197 and 197(A), easy to understand and interpret. It will also become clear as to what the implications of each of the subsections will have on that commercial rationale. The issues highlighted above will be dealt with detail in this paper giving an overview of the Common Law, the Labour Relations Act 66 of 1995 and the new Labour Relations Amendment Act 2002.

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Talarowska, Camilla, and Denana Tuzinovic. "Business networksA study of managers in small companies and their perceived benefits of formal business network participation." Thesis, Kristianstad University College, Department of Business Administration, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4814.

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Purpose: The purpose of this dissertation is to research managers of small size firms and to study managers’ perceived benefits of their participation in a formal business network. Small firms can benefit from managers participation in formal business network by gaining more knowledge, getting access to resources, create alliances and create opportunities to internationalize.

Methodology: This dissertation is of a deductive approach. Existing theory of managers, managerial demographic characteristics, networks and the outcomes to form a theoretical background is used. From this theory we will develop pattern models, conduct a survey, test the result statistically and compare the result with our created perceived pattern models.

Conclusions: Our findings show that no matter what managerial demographic characteristics of the manager, small firm managers mostly perceive to benefit from more knowledge, gaining consultancy and improving their companies’ position on the market as a result of their participation in the formal business network. Few managers perceived to gain knowledge about international markets, finding employees or created foreign co-operation.

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MacLeod, Sorcha. "Towards normative transformation : re-conceptualising business and human rights." Thesis, University of Glasgow, 2012. http://theses.gla.ac.uk/3714/.

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This dissertation examines the ongoing problem of business actors violating human rights and the regulatory attempts to deal with the problem at the international level. In particular, it considers the work of the UN Secretary- General’s Special Representative on Business Human Rights, John Ruggie and the ‘Protect, Respect and Remedy’ framework as elaborated in the 2011 UN Guiding Principles on Business and Human Rights. It also critically analyses the UN Global Compact, the OECD Guidelines on Multinational Enterprises as well as developments in the European Union in this area. Each of these regulatory mechanisms demonstrates elements of new governance, hybrid or third way models of regulation such as voluntarism, wide participation through multistakeholder structures and subsidiarity, all of which are useful soft law techniques that contribute to a culture of human rights or human rights norm internalisation. Nevertheless, they fall down in failing to provide a normative regulatory framework which would address human rights abuses by business actors which remain unresponsive to soft law models of regulation. Specifically, there is a lack of redress for the victims of human rights abuses by business actors and the current regulatory models do not offer a deterrent to or punishment of such abuses. This dissertation argues that the international community must thus re-conceptualise the business and human rights problem and move towards a mandatory international legal paradigm. New governance models have emerged from a changing international legal paradigm and they represent a move away from State-centric regulation towards the complementary co-existence of hard and soft rules in one domain. While many of the new governance techniques offer useful means of internalising a human rights culture within the business community and thus helping to prevent human rights abuses, nevertheless, the lack of normative rules means that no binding redress mechanisms or remedies are available. A true new governance approach allows both normative and non-normative standards to co-exist. Given that the voluntary business and human rights initiatives alone have failed to address the problem adequately, a new international normative approach is necessary. This thesis posits that re-conceptualising business actors as human rights dutyholders does not require a major paradigm shift. International law has always recognised business actors as subjects of international law, or alternatively, participants at minimum, and there is no good reason why they cannot be subject to human rights obligations. This thesis advocates the application of a horizontal approach to human rights which encompasses human rights violations by business actors. At present, a conservative, positivist and State-centric perspective of international law prevails, which prioritises the maintenance of State sovereignty over the rights of individuals not to be abused by business actors. The law is correct as of October 2011.

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Baars, G. "Law(yers) congealing capitalism : on the (im)possibility of restraining business in conflict through international criminal law." Thesis, University College London (University of London), 2012. http://discovery.ucl.ac.uk/1348306/.

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The theme of ‘business in conflict’ has become a ‘hot topic’ and the subject of many academic and policy publications. The trend in this literature is to conclude that ‘corporations have (or should have) obligations under international human rights and humanitarian law’ and that ‘corporations must be held to account’ through law, for example for ‘complicity in international crimes’. With this thesis, I aim to present a counterpoint to this literature. Employing dialectics as methodology and a theoretical frame based on Pashukanis’ commodity form theory of law, I investigate the progeny and role of law as sine qua non of capitalism. I establish that capitalism’s main motor, the corporation, was developed as a legal concept to congeal relations of production and minimise risk-exposure of the capitalists. Moreover, the corporation served as an instrument of imperialism and the global dissemination of capitalist law. Post WWII international criminal law (ICL) was developed ostensibly as an accountability mechanism. I show that it was used, contrary to early indications, to conceal rather than address the economic causes and imperialist nature of the war, so as to enable the continuation or rehabilitation of trade relations. ICL has been institutionalized over subsequent years and has continued to immunize economic actors from prosecution, including in the ICTR and ICTY. Yet, ICL’s strong appeal has led ‘cause lawyers’ to seek corporate accountability in ICL, largely unsuccessfully. Combined with (legalized) ‘corporate social responsibility’, ‘corporate accountability’ discourse risks becoming an instrument of legitimization for the liberal capitalist enterprise. Especially, including the corporation as a subject of ICL would complete its reification and ideological identity as a political citizen exercising legitimate authority within ‘global governance’. In conclusion, while emancipation from corporate violence cannot be achieved through law, its promise lies in countersystemic activism and, with that, human emancipation.

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Nongogo, Anele. "Using Corporate Social Responsibility to Improve Employee Participation in a Business." Master's thesis, Faculty of Law, 2019. http://hdl.handle.net/11427/31004.

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Workplace forums are intended to promote employee participation in a business but have not been a success in South Africa for a number of reasons. Certain corporate social responsibility principles, particularly those found in the King IV Code, can help improve employee participation in a business and ultimately lead to an improvement of the relationship that employer have with their employees.

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O'Neill, Will. "Law Enforcement Leadership Training Strategies." ScholarWorks, 2016. https://scholarworks.waldenu.edu/dissertations/1800.

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Senior law enforcement leaders are looking for leadership training strategies to develop future law enforcement leaders. The purpose of this single case study was to explore U.S. law enforcement leaders' training strategies to develop future leaders. The sample was comprised of 18 senior Northern Virginia executive law enforcement leaders who have leadership development strategies currently in use. The conceptual framework for this study was human capital theory. The data collection process included semistructured interviews, a review of training documentation, and direct observation related to leadership development. Based on methodological triangulation of the data sources and analysis of the data, 3 emergent themes were identified. Recruitment, retention, and mentoring surfaced from recruiting officers for managerial leadership positions. Training and technology grew out of the need to optimize training resources and incorporate new training solutions. Strategic partnerships stemmed from the opportunities for partnering and joint training exercises with other law enforcement organizations. Although this was a single case study, the findings of this study have utility for other, similar contexts. Specifically, these findings suggest that including leadership training strategies in training programs may contribute to social change by providing other law enforcement leaders with the training strategies that result in safer communities.

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Vergara, Sandoval Matias. "Intellectual property business protection during a company survival stage : an inside-out approach." Master's thesis, University of Cape Town, 2016. http://hdl.handle.net/11427/20818.

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Lawyers and businessmen work closely together every day. Despite the increasing value of patents and trademarks for companies, it is important to keep in mind that Intellectual Property law and contractual law provide for much more types of protection than statutory rights (patents, trademarks, copyright). Business and company developments are no longer linear. Flexibility plays a key role in the journey a company has to travel to reach success, especially in the case of entrepreneurs and sole proprietorship companies. New businesses going through the "death valley"1 will need to be as flexible as possible to succeed. It is only fair for their attorneys to meet such flexibility standard. For these purposes, understanding different industries, stages of business developments, and Intellectual Property contractual and statutory rights becomes an essential matter to properly asses which kind of protection should and can be used for a particular scenario, on a specific time and on a limited budget. In general terms, Intellectual Property literature presents different types of Intellectual Property management schemes making use of patents, trademarks, design models, copyright, etc. individually considered and mainly referring to statutory or agency granted rights. These mainly and usually refer to case law and /or jurisprudence (as applicable) and international conventions. However, despite the ever increasing number of articles addressing each of these rights, little reference is made to their strategic use within the context of a specific company's business development stage or business needs they are aiming to protect. When reflecting on success cases, not many details are published regarding the "partnership agreements", "employment contracts", "services agreement" entered into by a company, or the Intellectual Property policies implemented by it while developing its business. On the other hand, when addressing the Intellectual Property portfolio, authors seem to refer to patents, trademarks and copyright as the big (or even core) concerns. Consequently, what matters should an entrepreneur identify and address from an Intellectual Property standpoint when starting a business? The most common answer has been: I am just starting and not anywhere near to a patent, so that is not for me. Each Intellectual Property statutory right functions independently, notwithstanding the possibility of using a combination of them. However, these rights can be used for more than one purpose. This dissertation describes the legally granted privileges (focused on patents, trademarks, copyright) and the role these play, just as one of the tools entrepreneurs have to protect their Intellectual Property business. It describes and explains other available contracting tools as part of a comprehensive Intellectual Property protection and business development strategy.

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冼澤榮 and Chak-wing Simon Sin. "International business environment: air services agreement." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1997. http://hub.hku.hk/bib/B31268286.

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Machine, Abigail. "The business case for corporate social responsibility (CSR) is good business: A comparative analysis of CSR practices in the South African and Australian banking sectors." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15178.

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A focus of the study will be on the South African banking sector, comparing it with the CSR practices of Australian banking sector. The reason for this comparative analysis stems from the similarities that are prevalent between the two countries, although they have different designations, with one country as a developing country and the other as a developed country respectively. Both countries were once colonies. Australia was ruled by British and South Africa was ruled by Dutch and British. Both countries' financial sectors are well regulated and developed. Similar rules regarding disclosing information are applied in both countries' listed companies. The listed companies in both countries are required to disclose their social and environmental information in addition to their financial information

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Norris-Jones, Renee. "Relationships Between Critical Business Performance Variables and Solo Criminal Law Practitioners Success." ScholarWorks, 2017. https://scholarworks.waldenu.edu/dissertations/4397.

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Growing numbers of America's 1,281,432 active licensed attorneys open their own law firms due to strained employment opportunities. With 50% of small businesses failing within 5 years, and solo law offices accounting for 75% of attorneys in private practice, there is a need for preparing solo criminal law practitioners for business success. Some solo criminal law practitioners do not understand the critical business performance variables that impact small business success. The total population for this quantitative correlational study included solo criminal law practitioners from the Philadelphia Bar Association Legal Directory and Pennsylvania Association of Criminal Defense Lawyers members. Barney's resource-based theory (RBV) and Lussier's nonfinancial success-failure business prediction model were the foundational frameworks of this study. I used Lussier's nonfinancial success-failure questionnaire to collect data via a self-administered survey. A Kendall tau correlation was used to determine the relationship between Lussier's 16 independent variables measuring success or failure and a single dependent variable of 'level of profits' for the 31 participants. 31 participants (4%) is a very low response rate. Increased participation is needed for better research results. Fifteen of the 16 variables showed no relationships with the level of success. Only 1 hypothesis showed a relationship between the type of start-up plan developed by the firm and the level of success (Ï? = .322, p = .032). The findings from this study support the Small Business Association's definition of a business plan as a living roadmap for business success. The implications for positive social change include the potential to increase employment opportunities by directly impacting the economy in creating economic expansion.

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Marty, Hugues. "Legal aspects of space business from the point of view of manufacturers." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=69531.

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This thesis analyses the legal consequences that space manufacturers face, should their items be defective or should they do not function as intended. The research is segmented in five parts starting with preliminary remarks and gradually focusing on specific issues, such as product liability for space activities, liability of the manufacturer in international programmes, risk management and space insurance.
To conclude, it recalls the importance of clear delimitation of liability, whether it is in international legal texts or in contracts, and its natural link with an efficient exploitation and use of outer space notably by private entities.

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Sabanovic, Adis. "Business Intelligence Software Customers’ Understanding, Expectations and Needs." Thesis, Kristianstad University College, School of Health and Society, 2008. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4707.

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Modern companies operate in incredibly complex and dynamic environments. This is clearly characterized by constant changes in technology and in various market forces as well as by enormous amounts of data and information that need to be gathered and analyzed every day. Governmental regulations and ongoing competitor pressures, among other external and internal factors, are issues that managers and decision makers in a company must take into a consideration when making decisions. The need for BI systems is growing stronger and businesses in various industries demand such tools that will help them stay on the edge in order to be competitive. Hence the purpose of this paper is to find out what their companies desire when choosing a BI system to work with. What are their needs and what do they expect and understand from this technological system that will hopefully make them work easier and gain their knowledge about the business they operate in.

A web questionnaire is aimed at 67 Swedish companies from various industries and the answers have been summarized and analyzed in different cross tables for comparison reasons. Respondents from the Manufacturing industry were those with the highest response rate. A model called The PET-model of BI implementation was created, as a result of the theoretical findings, and this model is used to finalize the results and the conclusions of this paper.

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Zwane, Muziwakhe Simphiwe. "Affected persons in business rescue proceedings : has a balance been struck?" Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15175.

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The Companies Act of 2008 (the Act) has revolutionised the corporate law landscape in South Africa. The Act has been drafted with the specific intention of promoting access to the economy and of ensuring that cumbersome and costly procedures are (to a large extent) a thing of the past. These objects are a necessity when striving to ensure that South Africa's alarming inequality is abated. One of the central features of the 2008 Act is the introduction of business rescue, a procedure which represents a blatant attempt at striving to preserve ailing companies. The Act states that one of the main objects with regards to business rescue is ensuring that the procedure balances the competing interests involved. The purpose of this thesis therefore is to consider to what extent the 2008 Act has been able to achieve this. This will be done by analysing the rights given to employees, shareholders and creditors. This thesis will argue that though the procedure is a step in the right direction, it has failed to strike a proper balance by overly empowering employees and conversely leaving shareholders somewhat impotent. This thesis will also argue that some of the mechanisms employed, though they may be admirable in what they strive to achieve, leave far too much doubt as to their practicality. The overall conclusion reached is that a major overhaul is not required in order to rid this much needed procedure of its flaws.

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Flippen, Kathleen Sams. "The Evolving Role of Marketing in Large and Mid Size Law Firms." VCU Scholars Compass, 1999. http://scholarscompass.vcu.edu/etd/4552.

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Despite the fact that attorneys face stringent ethical restrictions regarding claims they can make about their legal abilities, the culture of many law firms is probably the greatest barrier to effective legal marketing. Expectancy theories, which state that behavior follows rewards, support this hypothesis. Culture affects many facets of a law firm: (1) its attitude about profitability, (2) the attorneys' understanding of effective business procedures, (3) the definition of value — from the firm's perspective and the perspective of clients and prospects, (4) management structure, decision making, and accountability, and (5) attitudes about change. This thesis examines the role that culture and expectancy theories play in a law firm's marketing success. Although the number of legal marketing professionals seems to be increasing, the current literature does not provide a formal assessment of the effectiveness of law firm marketing. This thesis project measures the effectiveness of law firm marketing in quantitative terms.

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Agoe, Felix Tetteh, and Tetiana Gennadiievna Ostepenko. "Legal system of business in Ghana." Thesis, National aviation university, 2021. https://er.nau.edu.ua/handle/NAU/53431.

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Ghana operates a legal system that is premised on English common law. The laws of Ghana are composed of: the Constitution; statutes enacted by Parliament; orders, rules and regulations made by any person or authority with power conferred under the Constitution; the existing law; and Common Law, which is defined as the rules of law generally known as the doctrines of equity and the rules of customary law, which are rules of law that by custom are applicable to particular communities in Ghana, including those determined by the Superior Court of Judicature. An entrepreneur, irrespective of nationality, can set up a business enterprise in Ghana in accordance with the provisions of any of the following legal instruments: The Companies Code, 1963 (Act 179) The Partnership Act, 1962 (Act 152) The Business Name Act, 1962 (Act 151).

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Okorie, Chijioke Ifeoma. "Open and freemium music business models in Africa - copyright and competition consequences." Doctoral thesis, University of Cape Town, 2018. http://hdl.handle.net/11427/28396.

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This thesis considers how South Africa and Nigeria can apply copyright and competition laws to regulate the open and freemium music business model that involves the use of copyright-protected music content to generate revenue from advertising. To enhance their competitiveness and escape copyright infringement liability, the firms that deploy the business model impose contractual terms to explain their use of protected content and direct the actions of platform users. Using case law from the Court of Justice of the European Union (CJEU), the thesis argues that although these terms result in free and wider distribution of copyright content, some aspects of their implementation may be unaligned with the regulatory framework. The thesis finds that these misalignments exist because the non-payment of royalties to copyright owners and their exclusion from revenue-sharing arrangements may adversely affect their viability of copyright owners as small and medium-size enterprises (SMEs) while their inclusion necessitates the imposition of restrictions that may prevent innovative uses of copyright products. Further, the thesis finds that the misalignments are caused by legal uncertainties regarding the exclusive rights of the copyright holders and the scope of their limitations and exceptions, as well as unavailability of competition law enforcement criteria that protect the economic freedom of SMEs including copyright owners. Because of the copyright covering the music content and its use in the economic activity of advertising, which is regulated by competition law, the thesis argues for aligning the business model with the regulatory frameworks. Further, the thesis argues that by ratifying international copyright treaties in ways that provide exclusive rights limited by compulsory licensing, and by amending and enforcing competition law to recognise unconscionable conduct as xiv anticompetitive, copyright and competition laws may be used to regulate the open and freemium music business model. By adopting a South African and Nigerian perspective and proposing competition law solutions, this study aims at filling a gap in the academic literature, which does not appear so far to have attempted a pro-Africa assessment of the business model and/or considered the complementary role of competition law in copyright-related industries in specific jurisdictions.

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Simapungula, Wakefield Chivwindi M. B. "The law relating to bankers commercial documentary letters of credit under English Law : a study in international business financing." Thesis, Cardiff University, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.295089.

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Jörgensen, Fredrik. "The Law BusinessmanTM : Five Essays on Legal Self-efficacy and Business Risk." Doctoral thesis, Stockholms universitet, Företagsekonomiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-97625.

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The thesis challenges the notion of effectiveness of law as being based on the formal institutions of courts, law enforcement and written law. It argues that the best way to measure the effectiveness of law is the legal self-efficacy of laymen who are the end users of law. It presents a new perspective on the effectiveness of law. It turns the traditional perspective of studying the effects of legal institutions around and instead studies the effect of how individuals perceive their own ability to use law. This self-reflexive ability - legal self-efficacy - is the answer to the question “How comfortable are with communicating with legal terminology?”. The thesis makes several comparisons using the traditional perspective and legal self-efficacy and finds that legal self-efficacy is a better measure of legal effectiveness. This thesis analyzes 246 businesspeople in Russia and their risk behavior with regards to economic transactions in relation to legal self-efficacy. The theory behind legal self-efficacy is a combination of Luhmann’s theory of law as communication and Bandura’s concept of self-efficacy. The first paper applies the traditional approach. It analyzes the effect of legal efficiency on leverage and debt maturity for listed and non-listed companies. The second paper is describes the conceptual foundation of the legal effectiveness based on the individual. The third paper compares the effect of private order (including legal self-efficacy) and public order institutions on the granting of trade credit. The fourth paper analyzes the impact of legal self-efficacy and formal legal institutions on sanctions against clients in a comparative perspective. The final paper seeks out possible sources of legal self-efficacy. Legal self-efficacy can be used to better understand the interaction of individuals and law including such fields of research as behavioral accounting, behavioral law and finance, legal sociology and legal studies.

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Mokal, Rizwaan Jameel. "Corporate insolvency law : theory and application /." Oxford [u.a.] : Oxford Univ. Press, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/380111381.pdf.

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Univ., Diss.--London, 2001.
Formerly CIP. Includes bibliographical references (S. [341] - 351) and index. Introduction : consistency of principle in corporate insolvency -- The creditors' bargain and the collectivity of the liquidation regime -- The authentic consent model : justifying the collective liquidation regime -- The pari passu principle and its relationship with other methods of insolvency distribution -- The priority of secured credit -- Administrative receivership and the floating charge -- Administration -- The wrongful trading provisions -- Adjusting transactions involving distressed companies.

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Welsman, Sandra June. "Laws regulating business facilitation, control, or overload?: a consideration of Australian business regulation in the early 1990s." Thesis, The University of Sydney, 2001. https://hdl.handle.net/2123/28066.

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This thesis examines interactions of business, government and the judiciary in Australia through regulatory law. This arena of policy, lawmaking and regulatory practice is explored from a number of integrated perspectives, to a depth not pursued in general reviews.

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Nguyen, Linh, and Dragana Stajcic. "Confucianism in business : a study of Chinese management in Sweden." Thesis, Kristianstad University College, Department of Business Administration, 2007. http://urn.kb.se/resolve?urn=urn:nbn:se:hkr:diva-4357.

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There have been many researches in the field of management, but none of them touches the area of Chinese management of Swedish staff, as far as we know. This is a rather new phenomenon ever since China decided for outward expansion. Cultural myopias and the lack of cultural competency are contributions to the failures of many cross cultural co-operations.

The purpose of this dissertation was to detect the management issues in terms of relationships, and shed light on the perceptual differences between the cultures within the chosen companies. To measure the values the employees had, from cultural aspects, we conducted a survey developed by Professor Geert Hofstede. The survey was used as a complement to our qualitative data, and the results demonstrated that the Chinese within these companies seem to adopt a rather “Swedish like” mentality. The qualitative results, however, prove that there are cultural differences causing operational frictions at these firms. The perceptual differences initiate cultural distance between the cultures, preventing comprehension. We believe the reason is failure to apply measures to educate and integrate the members within the firms.

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Davis, Nicholas John Rutherford. "Profit and professionalism : a study of small law firms." Thesis, University of the West of England, Bristol, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.275355.

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Monyamane, Sasha. "The place of corporate social responsibility in company law." Thesis, University of Strathclyde, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367230.

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Hazlewood, Kellisia. "Ghana's Invisible Girls| The Child-Kayayei Business and its Violation of Domestic and International Child Labour Laws." Thesis, Regent University, 2016. http://pqdtopen.proquest.com/#viewpdf?dispub=1606298.

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Throughout the world, children engage in labour that denies them of their childhood. Child labour is a growing global concern, as an estimated 218 million children are engaged in the practice. Though child labour reduced in some parts of the world, it is still one of the major developmental challenges facing many African countries such as Ghana. This thesis advocates for a group of young girls in southern Ghana who engage in child labour through the child-kayayei business. Kayayei is a term describing people who transport goods on their heads for a small fee. Despite Ghana’s regulations against child exploitation and head porterage, child-kayayei usage is widely accepted. The thesis first introduces the topic through a case study based on a personal interview and a brief overview of the child-kayayei crisis in Ghana. Thereafter, the thesis addresses (1) how the child-kayayei business violates the Constitution of Ghana and Ghanaian laws; (2) how the child-kayayei business violates international law; and (3) how Ghana should be held accountable to the international community, under the jurisdiction of the African Court for Human and Peoples’ Rights, for its non-compliance to child labour regulations. The thesis concludes with plausible legal solutions to Ghana’s on-going child-kayayei crisis.

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Grier, Nicholas. "The limitations of legislation in the field of business law : a study of developments in company law, bankruptcy and diligence." Thesis, Edinburgh Napier University, 2015. http://researchrepository.napier.ac.uk/Output/9164.

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This critical appraisal demonstrates three particular themes that are dominant in certain areas of business law, these themes being:  achieving the balance between the interests of debtors and creditors,  the use of legislation to alter business and social behaviour and  the tension between the intention of the legislation and the actuality. These themes are demonstrated throughout my two submitted publications, Company Law, and the Annotated edition of the Bankruptcy and Diligence etc. (Scotland) Act 2007. These form a corpus of work on Scottish business law and in particular, company law, bankruptcy law and diligence. The critical appraisal is a review of certain aspects of this corpus, indicating how and for what purpose these books have been written, the use and effectiveness of the law in each area, and analysing the degree to which the legislation has been successful. The process of writing this critical appraisal caused me to reflect on the drafting of the Companies Act 2006, recent developments in case law on the corporate veil and in particular the efficacy of section 172 of the Companies Act 2006. This encouraged me to carry out further research on how well (or not) s.172 had worked. This proved a particularly fruitful area of research and so has been given substantial treatment in its own right in Chapter 4. The Bankruptcy and Diligence etc. (Scotland) Act 2007 is subjected to an analysis in the light of the three themes to show how the Act was intended to realign the priorities of the needs of debtors and creditors in the light of changed social views on creditors' rights and on bankruptcy. An essential point of this critical appraisal is that legal theories are not as important in the drafting and passing of legislation as is sometimes suggested. This critical appraisal argues that within the areas under discussion, attempts to fit the final legislation into theoretical frameworks do not adequately take account of the political reality underpinning the passing of the legislation. It also argues that there is a schism between political attempts to alter business and social behaviour, or, as the case may be, to alter the interests of debtors and creditors, through the use of legislation, and what actually happens. In the case of diligence, political considerations worked to defeat some ends of the proposed legislation; and in the case of bankruptcy, the reforms introduced by Bankruptcy and Diligence etc. (Scotland) Act 2007, though welcome, required further amendment. In the case of company law, the legislation was ambitious but naïve.

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Buba, Zolani P. "The balancing of creditor interests in business rescue provisions of the Companies Act 2008." Doctoral thesis, University of Cape Town, 2017. http://hdl.handle.net/11427/26884.

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The integrated global economy has presented challenges as well as opportunities for companies and their surrounding communities. This has resulted in many jurisdictions having to re-evaluate the question of company failure and how best to deal with it. The South African context has seen the enactment of a new Companies Act, ushering in a rescue regime which evidences a significant departure from its predecessor; judicial management. Contained within Chapter 6 of the Companies Act of 2008, business rescue adopts a fresh approach to company resuscitation. With relatively easy access to the procedure, business rescue caters for the restructure of the business, debt or its equity to ensure either a return to solvency or a better return to creditors than in liquidation. The new regime is further underpinned by the 2008 Act purpose provision, which envisages an efficient business rescue procedure and further mandates that the resolution of financial distress be conducted in a manner that balances the rights and interests of all relevant stakeholders. It is in this light, that this study explores the interplay between section 7(k) and Chapter 6 of the new Act. Specifically, the work sets out to critique the manner in which our new business rescue regime balances competing stakeholder interests in its provisions and investigates whether current provisions provide an adequate framework for this to be done in a manner that enhances the regime's ability to return a financially distressed company to a position of solvency, as a primary objective. After discussing the previous judicial management regime and exploring the mechanics of Chapter 6, a comparative study of similar procedures in the United Kingdom and the United States is undertaken. The study further identifies a number of weaknesses and makes recommendation for improvement.

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Reineck, Juan-Pierre. "A private equity structure to facilitate the effective post-commencement financing of business rescue." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/15191.

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Business rescue is a process through which a financially distressed company can be rehabilitated by providing for the temporary supervision of the company, the management of its affairs, business and property. Focused research indicates that one of the main reasons that business rescues in South Africa have failed is due to the lack of post-commencement rescue finance. This dissertation puts forward a researched and suggested financial structure solution that combines two comparatively new concepts in South African corporate law, being business rescue from the Companies Act 71 of 2008 and the financing of venture capital companies in the Income Tax Act 58 of 1962. The outcome of the suggested post-commencement finance structure is that the investors investing in this structured solution would receive an immediate benefit in the form of a tax deduction and a reduction in the financial risk exposure of the investment. In turn, the company in business rescue receiving the investment funds from this finance structure would also benefit from fewer cost burdens associated with traditional debt financing (i.e. servicing of the debt) and thereby increase the probability of a successful business rescue, concomitantly resulting in the improvement in economic activity and importantly, the retention of jobs in South Africa that it so desperately needs.

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Palmer, Claire Helen. "Unfinished business : legalisation and implementation in business and human rights." Thesis, University of Oxford, 2016. http://ora.ox.ac.uk/objects/uuid:c296ae90-ad73-49c9-a0b3-b1170ca30930.

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The thesis explores the nature of transnational legalisation by identifying one emerging norm - corporate accountability for human rights violations - and tracing its promotion through three separate pathways of legalisation. At the domestic level, the thesis discusses the jurisprudence of domestic courts that have contemplated assuming extraterritorial jurisdiction over alleged human rights violations of transnational corporations (TNCs) in other states. At the international level, the thesis considers developments in the United Nations (UN), which in 2011 launched a new normative framework to bolster the accountability of TNCs in respect of human rights. At the transnational level, the thesis discusses the Kimberley Process Certification Scheme (KPCS), the Extractive Industries Transparency Initiative (EITI), and the Voluntary Principles on Security and Human Rights (VPs), which have been selected as representative of the range of hybrid schemes increasingly developed by government and industry representatives to ameliorate the impact of TNCs on human rights. The thesis also develops a framework with which to analyse these trends by adopting (and further developing) the liberal institutionalist tool of legalisation, which is described in Kenneth Abbott et al's 'The Concept of Legalisation'. This thesis argues that this classic framework can be adapted and reimagined in the context of the transnational legal system, which is characterised by thick configurations of agents working across a multiplicity of issue areas. I suggest that in applying the classic framework in the transnational context, there appears to be an omitted variable - that of implementation, which exists alongside obligation, precision, and delegation. Implementation refers to the specific actions taken by agents to translate legal or law-like principles into practical, workable instructions for courts, governments, companies and other non-state actors to follow. The thesis argues that an increased focus on implementation generally leads to more effective or greater legalisation. The empirical chapters demonstrate that efforts in implementation are often undertaken for the purpose of strengthening one or more other legalisation characteristics in the long run. This suggests that agents will be willing to accept lower levels of obligation, precision and/or delegation if they believe a focus on implementation will help strengthen these characteristics over time.

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Olkkonen, Sanna. "The Law of One Price : Evidence from Three European Stock Exchanges." Thesis, Linköping University, Department of Management and Engineering, 2009. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-53114.

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For the last decades the Efficient Market Hypothesis (EMH) has had a vital role in the financial theory. According to the theory assets, independent of geographic location, always are correctly priced due to the notion of information efficiency across financial markets. A consequence of EMH is the Law of One Price, hereafter simply the Law, which is the main concept of this thesis. The Law extends the analysis by stating that in a perfectly integrated and competitive market crosstraded assets should trade for the same common-currency price in every country. This becomes a fact due to the presence of arbitrageurs’ continuous vigilance in the financial markets, where any case of mispricing is acted upon in a matter of seconds by buying the cheaper asset and selling it where the price is higher in order to make a profit from the price gap.

Past research reveals that mispricing on cross-traded assets does exist, indicating that there exists evidence of violations of the Law on financial markets. However, in the real world most likely only a few cases of mispricing equal arbitrage opportunities due to the fact that worldwide financial markets are not characterized by the perfect conditions required by Law. Consequently, it is of relevance to include factors that may have an impact on mispricing when implementing a validation test of the Law on cross-traded assets, as these may as well eliminate the assumed arbitrage opportunities.

In this study the author implements a validation test of the Law by examining the degree of mispricing on 19 cross-traded assets in three European stock exchanges. Consequently, from the prevalent theoretical point of view, the author maps and analyzes the possible impact of market imperfections on the detected mispricings.

The major finding of this study is that mispricing does exist to significant degree on the considered markets. However, by examining the possible impact of market imperfections, the author cannot disregard the fact that these may explain a considerable part of the detected price discrepancies. The final conclusion of this study is that the main focus when discussing mispricing should revolve round analyzing its underlying causes, rather than resting on tenacious financial theories, in order to be able to draw more comprehensive and fair conclusions about mispricing on cross-traded assets.

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Denman, David Grant. "Large South African law firms can be more effectively managed by business professionals." Thesis, University of South Africa, 2007. http://hdl.handle.net/10500/50.

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45

Al-Shubaiki, Torki. "The Saudi Arabian arbitration law in the international business community : a Saudi perspective." Thesis, London School of Economics and Political Science (University of London), 2003. http://etheses.lse.ac.uk/2654/.

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Arbitration is now generally accepted as a principle method of solving disputes in commercial transactions. It is no longer a product to be advertised in seminars or symposiums related to international trade, rather it is a must in international business transactions. Because we have reached a point where most countries have adopted the UNCITRAL Model Law on arbitration and become party to the 1958 New York Convention on the recognition and enforcement of foreign arbitral awards, we believe that some studies from the Islamic perspective are necessary in order to find a route to the theory of the delocalisation of arbitration. Moreover, at the time when practitioners are calling for the internationalisation of arbitration, I believe that my duty as a former Secretary of the Arbitration Board at the Chamber of Commerce and Industry in Riyadh is to discuss, evaluate, and present the situation as it stands today. It is also, our responsibility to propose a route to its harmonisation within the international standards of arbitration. The idea of providing a historical background to arbitration is not solely for the purpose of historical research. However, as we will see in later chapters when we describe the Saudi legal system, Shari'a law and Islamic jurisprudence are the main laws of the land, and they are applicable whenever there is a statutory vacuum. Therefore, an Islamic solution has to be found when addressing any problems related to arbitration in this research. Also, the purpose of this research is to set down the reasons that have made people believe that Saudi Arabia, of all the Arab Middle Eastern countries, is indeed the one in most need of a well-developed arbitration system, since some of the major banking and commercial activities are not permitted to come before the Shari'a courts. Moreover, in the year 2000 Saudi Arabia implemented the Foreign Investment Act, which liberalizes foreign investment in the Kingdom. The Saudi Arabian Government Investment Authority, which has responsibility for licensing all new foreign investment in Saudi Arabia, was created under the Act. This of course comes as a result of the government's desire to diversify the sources of national income. All these reasons should have an affect on developing commercial law in general and arbitration in particular.

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Wood, Neil. "Debt, credit and business strategy : the law and the local economy, 1850-1900." Thesis, University of Leicester, 1999. http://hdl.handle.net/2381/31037.

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This thesis analyses the business strategies of small firms in Leicester between 1850 and 1900. As the expansion of the town and the local economy proceeded during the nineteenth century, the uncertainties over debt and credit faced by small firms escalated. Confronted by partial or information asymmetry, small firms developed responses and strategies to overcome their commercial anxieties. This thesis explores two important strands: firstly the way in which the County Court system developed and was re-orientated by firms to meet their needs and, secondly, through the formation of a trade protection society to improve the flow of information, collect debt and enhance members' interests.;In order to investigate these strategies, the procedures, costs and scale of the County Court System are considered and business exposure to the courts reconstructed. These reveal a consciousness about how the civil law could be used to prioritise debt and credit. Furthermore the trade protection society's position as a credit nexus, facilitating the flow of information between firms and its activities as an exemplar of market practice is investigated. The hand to mouth existence of many of these small firms reinforces the importance of these business strategies. While conducted as a case study of Leicester, the work has relevance for towns and cities of the U.K. and provides a counter-balance to those studies which focus on large-scale enterprises and macro-economic forces.

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Nyamunda, James. "Mandatory Business-To-Government Data Sharing: Exploring data protection through International Investment Law." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-443655.

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As more data is gathered, analysed and stored, private companies create new products and unlock new commercial frontiers. Simultaneously, governments are beginning to realise that the laws in place require a revamp for the good of commercial innovation and for execution of governmental prerogatives. Hence, in a bid to catch up with the data economy, governments have begun looking for new legal measures that allow them to legally access the data that is held by private companies. Amongst the existing solutions and sprouting suggestions, mandatory business-to-government data sharing often features as a measure through which obligations may be imposed upon private data holding companies to share their data with governments. Other governments have already put in place laws and adopted practices that impose mandatory business-to-government data sharing obligations on private companies. Many of the countries where private enterprises carry out their businesses have entered into International Investment Agreements (IIAs) which invariably entitle investors to Fair and Equitable treatment and prohibit unlawful compensation. Against this background, this thesis discusses the subject of mandatory business-to-government data sharing by dwelling on three main issues, that is, (i) whether data is/are protected as investment, (2) whether mandatory business-to-government data sharing obligations may infringe the Fair and Equitable Treatment standard and (3) whether mandatory business-to-government data sharing obligations may amount to unlawful expropriation.

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Coda, Stefano. "Business combinations and group of companies : perspectives from accounting, law and corporate finance." Thesis, Paris 1, 2018. http://www.theses.fr/2018PA01E072.

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Dans le cadre général des regroupements d'entreprises et des groupes de sociétés, cette thèse porte sur des questions d'intérêt à la croisée de la comptabilité, du droit (notamment les dispositions légales et la réglementation comptable) et de la finance d'entreprise. En ce qui concerne la théorie comptable, le chapitre 2 étudie comment les chercheurs en économie d'entreprise ont compris les groupes d'entreprises, les comptes de groupe et le processus de leur préparation, en particulier par rapport aux juristes italiens. Ensuite, le chapitre 3 reconstruit le processus politique et législatif qui a engendré la naissance du concept de groupe de sociétés dans le corpus juridique italien.Concernant le droit et la politique comptable, une analyse comparative est effectuée au chapitre 4qui montre clairement l'évolution de la notion de contrôle et de son utilisation dans les comptes consolidés (comptes de groupe) et les regroupements d'entreprises (I) en droit européen, (II) selon les normes comptables internationales publiées par l'IASB (International Accounting Standards Board) et (III) par rapport aux principes comptables généralement admis aux États-Unis («USGAAP»). De plus, les chapitres 5 et 6 étudient les effets du lobbying sur les normes comptables concernant les états financiers consolidés et les regroupements d'entreprises publiés par l'IASB. Fait intéressant, les résultats concordent avec une forme de capture du normalisateur comptable international par une catégorie d'institutions financières. En effet, confrontées à un modèle de consolidation prétendument basé sur le contrôle, ces dernières ont plaidé en faveur d'une exception de consolidation fondée sur un modèle de propriété et documentée comme ayant été proposée par les sociétés d'audit américaines dans ce contexte au moins depuis 1995. Ce modèle s’avère avoir trouvé un terrain fertile au sein de l'IASB. En conséquence, d'autres catégories d'institutions financières,telles que les fonds d'investissement à long terme et ceux gérés par une famille tout en préférant un modèle de consolidation différent, ne sont plus autorisées à présenter des états financiers consolidés. En ce qui concerne la finance d’entreprise, le chapitre 7 analyse les implications de différentes décisions de financement dans un nouveau échantillon de fusions et acquisitions entre institutions financières (banques et assurances) consommées dans le monde entier au cours des deux dernières décennies. En particulier, il étudie (I) la relation entre la méthode de choix de paiement (si le prix est payé en cash, en actions ou une combinaison des deux) et le choix du mode de financement d'un regroupement d'entreprises (y compris les instruments hybrides) et (II) la réaction des investisseurs à l'annonce de la combinaison. En ce qui concerne ce dernier point, l'utilisation de deux tests non paramétriques permet de détecter une relation intéressante entre la réaction du marché à l'annonce et les différents modes attendus de financement de la transaction
In the broad context of business combinations and group of companies, this thesis selects some matters of interest at the crossroad between accounting, law (especially legal provisions and accounting regulation) and corporate finance.Concerning accounting theory, chapter 2 studies how business economics scholars understood groups of companies, group accounts and the process for their preparation in particular compared to Italian legal scholars. Then, chapter 3 reconstructs the political and legislative process that brought about the birth of the concept of group of companies in the Italian legal corpus. Concerning law and accounting policy, a comparative analysis is carried out in chapter 4 which clearly shows how the notion of control and its use in consolidated financial statements (group accounts) and business combinations accounting evolved (I) in European law, (II) under international accounting standards as issued by the IASB – International Accounting StandardsBoard and (III) in US GAAP (Generally Accepted Accounting Principles). Moreover, chapters 5 and 6 investigate the effects of lobbying on accounting standards on consolidated financial statements and business combinations issued by the IASB. Interestingly, results are consistent with a regulatory capture of the international standard setter by a category of financial institutions. In fact, confronted with a consolidation model purportedly based on control, the latter lobbied in favour of a consolidation exception which is based on an ownership view and is documented to have been proposed by US audit companies in that context at least from 1995. That view found a fertile ground within the IASB. As a result, other categories of financial institutions such as long term investment funds and those run by a family preferring a different consolidation model are now prohibited from presenting consolidated financial statement. Concerning corporate finance, chapter 7 studies the implications of different financing decisions ina novel and comprehensive sample of cases of mergers and acquisitions across and between financial institutions (banks and insurances) consummated worldwide around almost the last twodecades. In particular, it investigates (I) the relationship between the method of payment choice (i.e. if the price is paid in cash, stock or a mixture of the two) and the choice regarding the mode offinancing a business combination (including hybrid instruments) and (II) investors’ reaction at the combination announcement. As to the latter point, the use of two non-parametric tests allows todetect an interesting relationship between the market reaction at announcement and the different expected modes of financing the transaction

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Ashraf, Zeeshan. "The position of the business judgment rule in different corporate cultures and structures : a study and analysis." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32795.

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The American courts developed business law by devising principles for resolving the rift between shareholders and the management. An important principle in this respect is the Business Judgment Rule (BJR). The BJR has attained an important position in the American corporate law. However, it has failed to find such position in the laws of other jurisdictions.
In the current era, when different economies are integrating into a global market, corporations are forming global alliances. This thesis will study the role of the BJR in global alliances by examining the case of the Star Alliance as an example. It will focus in particular on the position of the BJR in the interplay of different corporate structures and cultures. The thesis will review corporate cultures of Germany and Japan. It will conclude that the BJR's importance is growing and finding place in jurisdictions other than America.

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Prebble, Zoë, and John Prebble. "Comparing the General Anti-Avoidance Rule of Income Tax Law with the Civil Law Doctrine of Abuse of Law (Part I)." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123574.

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This paper compares the general anti-avoidance rule of incometax law with the Civil Law doctrine of abuse of law (Rechtsmissbrauch, abusde droit) in eight jurisdictions: Germany, Croatia, New Zealand, Australia, France, the e uropean u nion, the u nited s tates and the United Kingdom. The paper addresses the statutory and judge-made general anti-avoidance rules in these jurisdictions and deals with the core concept of avoidance an on how these eight jurisdictions either frustrate avoidance or allow it.
Este artículo compara la norma anti-elusiva general de la ley del impuesto a la renta con la doctrina del abuso de derecho del Civil Law(Nt 1) (Rechtsmissbrauch, abus de droit) en ocho jurisdicciones: Alemania, Croacia, Nueva Zelanda, Australia, Francia, la Unión Europea, los Estados Unidos y el Reino Unido. El artículo se ocupa de las normas anti-elusivas generales legislativas y jurisprudenciales en estas jurisdicciones y aborda el concepto central de la elusión. El artículo se enfoca en transacciones que la mayoría reconocería como elusivas y en cómo estas ocho jurisdicciones frustran la elusión o la permiten.

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Dissertations / Theses on the topic 'Business Law'

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