Journal articles: 'Comparative business law'

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Lapina, Yuliya, Alexander Kostyuk, Udo Braendle, and Yaroslav Mozghovyi. "Shareholders rights and remedies (comparative law perspective)." Corporate Board role duties and composition 12, no. 3 (2016): 6–13. http://dx.doi.org/10.22495/cbv12i3art1.

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The main aim is to discuss shareholder rights protection in Ukraine and Germany, which have the same Civil law legal system. Our contribution outlines, systemizes and accesses approaches how critical and weak issues in the area of shareholder protection are resolved in both countries using the mechanisms of corporate governance. Using Germany as a benchmark, the paper identifies that the most important and efficient mechanisms of shareholders rights protection, which can be implemented in Ukrainian companies are the following: principle of equal treatment and duty of loyalty which should be fixed in the legislation; enhancing the role of the National Securities and Stock Market Commission; introduction of the derivative suit system.

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Michaels, Ralf. "Comparative Law by Numbers? Legal Origins Thesis, Doing Business Reports, and the Silence of Traditional Comparative Law." American Journal of Comparative Law 57, no. 4 (September 1, 2009): 765–95. http://dx.doi.org/10.5131/ajcl.2008.0022.

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Shelley, Daniel J., Louis B. Swartz, and Michele T. Cole. "A Comparative Analysis of Online and Traditional Undergraduate Business Law Classes." International Journal of Information and Communication Technology Education 3, no. 1 (January 2007): 10–21. http://dx.doi.org/10.4018/jicte.2007010102.

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SPALDING, ALBERT D. "COMPARATIVE LAW APPROACH TO THE "INTERNATIONALIZATION" OF LEGAL STUDIES IN BUSINESS." Journal of Legal Studies Education 12, no. 1 (December 1994): 75–94. http://dx.doi.org/10.1111/j.1744-1722.1994.tb00033.x.

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Santiago, Andrea L. "The Family in Family Business." Family Business Review 24, no. 4 (September 2, 2011): 343–61. http://dx.doi.org/10.1177/0894486511419294.

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Research abounds on the nuances of family business, many comparing management, leadership, and performance of these businesses against those that are not influenced by family involvement. Although comparative studies eventually led to the development of family business definitions, the treatment of in-laws has been surreptitiously left out. In the family business, are in-laws family members, nonfamily members, or perennially in limbo? This article presents that the in-law position, at least in the Philippine setting, is precarious, necessitating a unique circle in Tagiuri and Davis’s three-circle model. The standards of treatment and the measurement of performance depend on which position the in-law occupies in that model. Knowing exactly where everyone fits into the model creates a better understanding of how one should behave for optimal family business experience.

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Uvarova, Olena. "Business and Human Rights in Times of Global Emergencies: Comparative Perspective." Comparative Law Review 26 (January 12, 2021): 225. http://dx.doi.org/10.12775/clr.2020.009.

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Pull, Kerstin. "The comparative attractiveness of international business locations: the role of labor law." Management Decision 40, no. 7 (September 2002): 647–54. http://dx.doi.org/10.1108/00251740210438472.

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Mitchell, Richard. "Book Reviews : Comparative Labour Law and Industrial Relations." Journal of Industrial Relations 30, no. 3 (September 1988): 472–73. http://dx.doi.org/10.1177/002218568803000313.

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Pont, G. Dal, and L. Griggs. "A principled justification for business rescue laws: A comparative perspective (part I)." International Insolvency Review 4, no. 2 (1995): 189–98. http://dx.doi.org/10.1002/iir.3940040205.

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Pont, G. Dal, and L. Griggs. "A principled justification for business rescue laws: A comparative perspective (part II)." International Insolvency Review 5, no. 1 (1996): 47–79. http://dx.doi.org/10.1002/iir.3940050104.

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Baber, Walter F. "Administrative Law and Discursive Democracy: Toward a Comparative Perspective." International Journal of Public Administration 34, no. 1-2 (January 24, 2011): 97–103. http://dx.doi.org/10.1080/01900692.2011.536090.

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Levushkin, Anatoly N., Yana S. Grishina, Olga G. Bartkova, and Tatyana V. Savina. "Synergy of Family Business and Social Entrepreneurship: Problems of Law, Economics and Technology Development." SHS Web of Conferences 110 (2021): 01016. http://dx.doi.org/10.1051/shsconf/202111001016.

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During the economic instability, crisis processes in economic relations, and the growing prospects of a new “step” of the global economic crisis, theoretical and applied research in the field of legal support for strengthening and supporting economic development, small and medium-sized businesses, and digital technologies in the Russian Federation plays a great role. The purpose of the study: A legal study of the current legislation in order to apply the concept of synergy of family business and social entrepreneurship for the effective implementation of economic processes and solving technological problems, identify the problems of family business development in the new economic realities and propose some ways to solve them at the legislative level. The object of the study is a set of economic, entrepreneurial, civil-legal relations that arise in the implementation of family business and social entrepreneurship in modern economic realities based on new technologies. Methods: General scientific and private scientific methods of scientific cognition were used in the study: systematic, historical, logical, comparative-legal, formal-legal, and others. Novelty: It is proved that social entrepreneurship and family business should be a system-forming link in economic relations, linking the state with small and medium-sized businesses. The introduction of such form of business (social and family entrepreneurship) should eliminate many economic problems and gaps in the legal regulation of issues that arise while conducting economic activities by family members. The necessity of separating social entrepreneurship and family business into a separate economic and legal category is justified, and the expediency of consolidating the concept of social entrepreneurship and family enterprise at the federal level is proved.

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Didikin, Anton B. "Islamic Law in the jurisdiction of International Financial Centers: comparative legal analysis." Russian Journal of Legal Studies (Moscow) 7, no. 1 (August 7, 2020): 78–85. http://dx.doi.org/10.17816/rjls33910.

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The article analyzes the modern mechanisms and ways of adapting the Islamic law principles and norms to the regulation of financial relations. Taking into account the significance of fiqh as a legal doctrine that interprets religious prescriptions for law enforcement, the key features of the Islamic law institutions in the context of the Islamic economy model development are identified. The object of the comparative legal analysis in the article is the jurisdiction of international financial centers as territories with a special legal regime for conducting business. Its legal status is fixed in special legal acts, thus contributing to the formation of flexible instruments of legal regulation in view of the correlation with the norms of the national legal order. International financial centers are presented as an example of the formation of global legal institutions in Western countries as well as those in Southeast Asia and the Middle East. The author argues that Islamic financeas a way of adapting Islamic law principles to the regulation of business activitiesis a mandatory element of a legal environment for international financial centers.

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Kocsis, Imola, and Marcin Olechowski. "Suretyship in German and Polish Law: A Comparative Analysis." Review of Central and East European Law 31, no. 3 (2006): 331–59. http://dx.doi.org/10.1163/157303506x129422.

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AbstractThis paper analyzes the institution of suretyship in the German and Polish legal systems. It highlights both differences and similarities of the main characteristics, such as conditions to validity, scope of liability, defences available to the surety and the recourse by the surety in case of payment. The analysis is based not only on the relevant legal provisions, jurisprudence and doctrine, but also on their application in the business practice of the two countries.The comparative overview of the suretyship permits the conclusion that both legal systems regulate the principal features of this institution rather similarly. However, there are also a number of significant differences. Notably, German jurisprudence and doctrine appear to adopt a more flexible approach to this institution than the prevailing position in Polish law. On the other hand, the liability of the surety is more rigorously shaped under Polish law. Whereas German law and practice seem in many respects to be more protective of the surety than Polish law and jurisprudence, the latter provides the surety with far less possibilities to be released from the assumed liability.

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Begum, Afroza. "Corruption in business." Journal of Financial Crime 27, no. 3 (April 20, 2020): 735–54. http://dx.doi.org/10.1108/jfc-02-2020-0018.

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Purpose This paper aims to critically analyse the Criminal Code Amendment (Bribery of Foreign Public Officials) Act 1999 and Crimes Legislation Amendment (Combating Corporate Crime) Bill 2017 with special focus on the facilitation payment (FP) defence by referring to the UK Bribery Act 2010. The study will showcase how FP promotes disrespect for a good corporate culture inevitable for responsible and sustained business and as to why FP must be abolished to make the Australian regulation consistent with the international standards. Design/methodology/approach This research is based on primary and secondary sources including the Senate Committee Reports and recent legislative developments in Australia, and the relevant law of the UK. Findings Australia is lagging far behind comparative jurisdictions including the UK, and the FP defence must be abolished to make the Australian regulation consistent with the international standards and to foster international business backed up by globalisation, competition and interconnectedness of national economies. Originality/value This paper is the original work of the author and has not been submitted elsewhere for publication.

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서희석. "The Definition of Consumer⋅Business in DCFR: A Comparative Study with Korean Consumer Law." HUFS Law Review 36, no. 2 (May 2012): 1–20. http://dx.doi.org/10.17257/hufslr.2012.36.2.1.

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Błotnicki, Maciej. "Unsatisfied Creditor as a Crime Against Business Trading in Comparative Law Approach. Selected Issues." Studenckie Zeszyty Naukowe 20, no. 32 (October 2, 2017): 23. http://dx.doi.org/10.17951/szn.2017.20.32.23.

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Husna, Cut Asmaul, Lina Hastuti, and Iman Prihandono. "Adaptation of Contract Models of Oil and Gas: A Comparative Study." Hang Tuah Law Journal 1, no. 1 (July 20, 2017): 56. http://dx.doi.org/10.30649/htlj.v1i1.9.

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Differences in law systems, constitution, legislation, and regimes in oil and gas business across the world enforce to have a comparative study by extending laws in oil and gas. It is, from global perspective, implemented a constant demand to the law to take essentialization categories as its base. Nature required universalism, an analysis of valid and constant law sifted toward cosmopolitan law. Manifestation of globalization was transformed and corresponded to natural regulations in adapting a contract model. Oil and gas and its exploring development within global law systems included Civil Law, Common Law, Socialist Law, Scandinavia Law, and Islamic Law. Important discoveries in oil and gas sector, therefore, might have changes by universally global cosmopolitan law.

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Ubochioma, Wiseman. "An Examination of the Relevance of the Codification and Application of the American Business Judgment Rule to Nigerian Corporate Law." Journal of African Law 64, no. 3 (July 7, 2020): 373–97. http://dx.doi.org/10.1017/s0021855320000169.

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AbstractThe business judgment rule is an ancient doctrine that was developed in the US. It seeks to prevent courts from reviewing directors’ decisions, on the basis that directors have the capacity and expertise to make business decisions. This article examines the desirability of applying the US business judgment rule in Nigeria. Through a comparative analysis, it argues that the peculiarities of Nigeria's corporate law and environment do not justify the application of the rule. More specifically, it contends that differences in the legal regime for derivative suits, standards of duty of care and skill, corporate law culture, and the distinct epoch in which the business judgment rule and the duty of care and skill were recognized in the US, make its application unnecessary in Nigeria. It concludes that the current statutory duty of care and skill should be retained to hold directors accountable for reckless business decisions.

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Abakumova, Ekaterina, Alexey Komissarov, and Dmitrii Tarasov. "Foreign Experience of Legal Support for the Protection of Honor, Dignity, and Business Reputation." Bulletin of Kemerovo State University. Series: Humanities and Social Sciences 2021, no. 2 (July 13, 2021): 148–54. http://dx.doi.org/10.21603/2542-1840-2021-5-2-148-154.

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The article examines the concept and development of legal relations in the field of the protection of honor, dignity, and business reputation in foreign legislation, where they are part of the legal institution of defamation. The research involved the formal-legal and comparative-legal techniques based on the principles of historicism and objectivity. The article features a retrospective summary of theoretical, normative, and practical approaches to the conceptual application of the institute of defamation in the countries of the Anglo-Saxon and continental law. The Anglo-American defamation law is formed both within the general and statutory framework. Special legislative acts of the United Kingdom define the conditions (criteria) for classifying these legal relations as essentially defamatory. The peculiarities of the continental defamation law can be attributed to its mainly criminal-legal regulatory component, rather than civil or administrative law. The comparative legal review of the foreign experience of legal support for the protection of honor, dignity, and business reputation proved relevant and practically significant.

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Möslein, Florian. "Towards an organisational law of the polycorporate enterprise? A comparative analysis." Corporate Ownership and Control 3, no. 2 (2006): 174–90. http://dx.doi.org/10.22495/cocv3i2c1p3.

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One key element in improving economic efficiency is corporate governance which involves a set of relationships between a company’s management, its board, its shareholders and other stakeholders. If countries are to reap the full benefits of the global capital market, and if they are to attract long-term ‘patient’ capital, corporate governance arrangements must be credible and well understood across borders. One aspect of the relationship between the company’s management and its shareholders is far from being well understood: How is this relationship affected if the single company is transformed into a parent company of a corporate group? In Germany, this topic has attracted the most vivid legal interest for some decades, but it is not even considered in other countries - neither in the context of corporate governance nor in the one of corporate groups. One reason might be that provisions concerning corporate groups are not perceived as a distinct body of law in most of these countries

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Brüggemeier, Gert. "The Civilian Law of Delict: A Comparative and Historical Analysis." European Journal of Comparative Law and Governance 7, no. 4 (December 5, 2020): 339–83. http://dx.doi.org/10.1163/22134514-bja10007.

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Abstract This article explores the civilian tradition of the European law of delict. Part 1 tells the story of the birth of modern civil law of delict in the 19th century codifications in continental Europe, rooted in Roman law and Enlightenment Natural Law. Examples are the French and German codes, and the Japanese as a legal transplant. Fault, unlawfulness (Rechtswidrigkeit), damage, and causation are the central categories. Part 2 focuses on the challenges of industrialisation: enterprises as new actors, industrial accidents, technical risks, insurance. This part discusses the changes the civil law of delict and the common law of torts underwent to cope with these challenges. Part 3 draws some consequences from these developments. It outlines the basic structures of a postmodern civil law of delict, explicitly differentiating it from the law of torts, and as a basis for further developments in 21st century. This structure has three main features: liability for personal fault, liability for defective business activities, and Gefährdungshaftung.

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Nwafor, Anthony O. "The goal(s) of corporate rescue in company law: A comparative analysis." Corporate Board role duties and composition 13, no. 2 (2017): 20–31. http://dx.doi.org/10.22495/cbv13i2art2.

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The concept of corporate rescue lays emphasis on corporate sustainability than liquidation. This trend in corporate legislation which featured in the United Kingdom Insolvency Act of 1986, Australian Corporations Act 2001, Indian Sick Industrial Companies (Special Provisions) Act of 1985 (as replaced by Companies Act, 2013 and supplanted by the Insolvency and Bankruptcy Code, 2016) has been adopted in the South African Companies Act of 2008. The goal(s) of corporate rescue in some of these jurisdictions are not clearly defined. The paper examines, through a comparative analysis, the relevant statutory provisions in the United Kingdom, India, Australia and South Africa and the attendant judicial interpretations of those provisions with a view to discovering the goal(s) of corporate rescue in those jurisdictions. It is argued that while under the United Kingdom and Australian statutory provisions, the administrator could pursue alternative goals of either rescuing the company or achieving better results for the creditors; the South African and Indian statutory provisions do not provide such alternatives. The seeming ancillary purpose of crafting a fair deal for the stakeholders under the South African Companies Act’s provision is not sustainable if the company as an entity cannot be rescued.

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Weatherill, Steve. "Eugene Buttigieg: Competition Law: Safeguarding the Consumer Interest. A Comparative Analysis of US Antitrust Law and EC Competition Law." Journal of Consumer Policy 33, no. 3 (April 17, 2010): 287–89. http://dx.doi.org/10.1007/s10603-010-9130-9.

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Sjåfjell, Beate. "Beyond Climate Risk: Integrating Sustainability into the Duties of the Corporate Board." Deakin Law Review 23 (November 27, 2018): 41–62. http://dx.doi.org/10.21153/dlr2018vol23no0art805.

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Finding out how business can be a part of the shift to sustainability has never been more crucial. This article starts out by presenting the results of a multi-jurisdictional comparative analysis of corporate law, seeking to investigate the barriers, to and possibilities for, sustainable business in the dominant business form — the corporation. The social norm of shareholder primacy is identified as a major barrier to sustainability. Shareholder primacy has taken over the space that corporate law leaves open for the discretion of the individual corporate board.

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Hendrawan, Daniel, Emilia Fitriana Dewi, Subiakto Sukarno, and Isti Raafaldini Mirzanti. "Application of the Principles of Business Judgment in the Authoritative Function of Directors of Limited Liability Company in Singaporean and Indonesian Legal Perspectives." Academic Journal of Interdisciplinary Studies 9, no. 3 (May 10, 2020): 93. http://dx.doi.org/10.36941/ajis-2020-0044.

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The purpose of this study is to analyze the functions and authority of the director of limited liability company in applying business judgment principles, by taking comparative law studies in Singapore's common law and in Indonesia's civil law. By taking emphasis on the authority of directors in representing limited companies both in and out, there are several authorities that are regulated in it. This study was conducted with a comparative law approach, with descriptive qualitative analysis. The results showed that sometimes directors act outside their authority and can harm a limited liability company. On the other hand, that there are actions of the board of directors that are in accordance with their authority but still harm the limited liability company. In this case, the shareholders often hold accountable. In corporate law there is a principle of business judgment where a director cannot be held accountable if the directors are proven to have good faith. The difference between Singapore law and Indonesian law in regulating the authority of directors is the good faith assessment held by directors.

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Richard Appiah, Kingsley, Christopher Ankomah, Harrison Yaw Osei, and Timothy Hattoh-Ahiaduvor. "Structural Organisation of Research Article Titles: A Comparative Study of Titles of Business, Gynaecology and Law." Advances in Language and Literary Studies 10, no. 3 (June 30, 2019): 145. http://dx.doi.org/10.7575/aiac.alls.v.10n.3p.145.

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Since titles are gateways to the heart of research articles (RAs), their organisational structure should be regarded very crucial in appealing to the potential reader. This study aimed to investigate how titles of RAs are presented in three disciplines (Gynaecology/Obstetrics, Business, and Law). After a thorough study of 574 titles, the study revealed that Business titles were averagely longer than those in the other two disciplines. In terms of title style, it was revealed that the Single Unit Title was extensively used in Gynaecology/Obstetrics and Law, while the Compound Unit Title dominated the Business titles. Syntactically, Noun Phrases extremely dominated the Single Unit Titles across the three domains. Detailed examination of the NP modifications showed that nominal titles which were both Pre and Post-modified were highly frequent in all the disciplines, which contrasts what is in the literature. The study also identified the Prepositional Phrase as the commonest structure used in post-modifying the nominal structures than using non-finite clauses in all the disciplines. Again, colon was the most predominant punctuation mark used in partitioning the Compound Unit Titles across the three disciplines, with Law recording the highest followed by Gynaecology/Obstetrics and Business. Lastly, the data exhibited high frequency of Domain-Specific words in the titles more than Research-Based words across the disciplines. This study provides useful information on the nature of effective RA titles to novice writers and advanced authors. It also informs the teaching of academic writing skills.

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Kudryashov, Vladislav Vasilyevich, Valentina Sergeevna Lepeshkina, Irina Vladimirovna Sazonova, Aleksandr Anatolevich Potkin, and Viktor Anatolevich Altunin. "Legal regulation of the family members’ entrepreneurial activity and inheritance relations: law enforcement problems." SHS Web of Conferences 108 (2021): 01011. http://dx.doi.org/10.1051/shsconf/202110801011.

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The problem of transition in the line of business assets and obligations succession with regard to norms of civil, family and business law represents an important legal problem as for the matter of family business succession. Russian legislation does not determine the family business succession as a single entity, there exists no special regulation as well as the term “entrepreneurial succession”. The doctrine gives a reasonable conclusion that “practices of the recent past reveal substantial problems of marital regimes legal regulation under a digital transformation of the economy”. Inheriting different properties that can be collectively referred to sphere of entrepreneurial activity causes many problems of similar properties transition in the line of succession in the field of law enforcement. Determining particularities of legal regulation of inheritance relations complicated with business activities in order to ensure efficient regulation of succession to business assets and debts and as well to ensure law enforcement stability. The methodological base for the present scientific research is represented by the system of general scientific and specific scientific methods and research techniques, including a historical method, a logical method, a method of system analysis and research, a comparative legal method, a statistical method, a functional-structural method, methods of analysis and synthesis, a method of specification, an empirical and theoretical method, i.e. analogy, deduction. The authors suppose that in conditions of the world financial crisis complicated with consequences of the coronavirus pandemic small businesses are the most vulnerable, including family businesses. The authors believe that a modern lawyer must have systemic knowledge for efficient application of civil law, inheritance law, family law, entrepreneurial law on the basis of the convergence principle in law. The use of a rather broad methodological base allows determining essential properties of legal regulation of the family members’ entrepreneurial activity and inheritance relations from the point of view of law enforcement problems resolution. As for particularities of inheritance regulations application, a joint-stock company is supposed to have certain mechanisms of the protection of its interests in terms of its shares inheritance. For example, it is possible to envisage the right of a private joint-stock company to discourage inclusion within its shareholders a new participant in line with a similar power of the limited liability companies.

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Hasyyati, Astrid Amidiaputri, Mukhammad Tismandico Ilham Zulfikar, Kadek Deddy Permana Artha, and Arif Rahman. "Penerapan Pre-Sale Disclosure sebagai Perlindungan Hukum Pembeli Bentuk Bisnis “Business Opportunity Ventures” Ditinjau melalui Undang-undang Republik Indonesia Nomor 8 Tahun 1999 tentang Perlindungan Konsumen." JURNAL MERCATORIA 13, no. 1 (June 27, 2020): 1–14. http://dx.doi.org/10.31289/mercatoria.v13i1.2985.

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The form of business "Business Opportunity Ventures" that has developed in Indonesia has the same meaning as the franchise business form, but the two business forms are basically different. BO is regulated in the Business Opportunity Sales Law of 1995 by the Federal Trade Commission of the United States. Different forms of business certainly require different arrangements. This is motivated by the reason that the business forms that have not been regulated in a law are prone to fraud and injustice in the transaction process. buyers of this form of business. In this study using a normative juridical method with the statutory approach, conceptual approach, and comparative approach. Fraud and injustice received by BO Buyers can be done legally through the Consumer Dispute Settlement Agency as stipulated in the UUPK.

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Poutziouris, Panikkos, Francis Chittenden, Tim Watts, and Khaled Soufani. "A Comparative Analysis of the Impact of Taxation on the SME Economy: The Case of UK and US – New York State in the Year 2000." Environment and Planning C: Government and Policy 21, no. 4 (August 2003): 493–508. http://dx.doi.org/10.1068/c0338.

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The purpose of this paper is to report on a comparative study of the impact on the SME economy (fewer than 250 employees) of the UK and US (New York State) tax regimes. This explorative study is part of the ongoing small business taxation research programme undertaken in association with NatWest Bank. The research involves (a) the computation of the tax position of a sample of UK-based small businesses (a self-employed person, a partnership, and a small limited company); (b) the application of the tax regime of New York State to the UK business cases studies; (c) the development of two computer simulation models that estimate the direct tax burden incurred by small businesses in the United Kingdom; and (d) the application of the tax regime of New York State to the UK models. This research forms the basis of a comparative discussion about the business tax regime in the United Kingdom and USA and throws some light on the on-going debate about the development of the tax regimes applicable to small businesses in OECD countries. The paper concludes with a summary of the key findings and policy implications and offers a brief discussion on progress towards tax harmonisation from the small business perspective.

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Dahlén, Marianne. "Copy or copyright fashion? Swedish design protection law in historical and comparative perspective." Business History 54, no. 1 (February 2012): 88–107. http://dx.doi.org/10.1080/00076791.2011.617211.

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Телюкина, Марина. "TRANSFORMATIVE IMPACT OF BANKRUPTCY LAW ON DISPOSITION OF THE PROPERTY COMPLEX." Rule-of-law state: theory and practice 16, no. 4-1 (April 1, 2020): 161–77. http://dx.doi.org/10.33184/pravgos-2020.4.16.

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Once insolvency (bankruptcy) proceedings have been instituted, virtually all the legal institutions known to us are applied with the particularities established by the bankruptcy law. This phenomenon can be called a transformative impact of bankruptcy law (or a bankruptcy transformation). There is currently no consensus on the part of theory and practice on the issues raised in the article. Purpose: to analyze the relations that arise during the disposition of a property complex (enterprise, business). Under civil law, this property complex means the complex of rights and obligations, purposing to get the profit, but in the bankruptcy law, it means only the set of rights, but not the obligations, because the obligations (excluding the current obligations) are not included to the business structure. Methods: the author uses empirical methods: comparison, analysis and synthesis, communication, description; as well as special methods: comparative legal, logical, systemic, deduction, induction, analogy. Results: the study proves the transformative effect of bankruptcy law on the business structure, the procedure for selling it, the status of pledge creditors whose claims are included in the business, the procedure for the realization of rights based on licenses.

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Frankel, Tamar, and Ulrich Immenga. "International Encyclopedia of Comparative Law. Vol. XIII (Company Systems and Affiliations), Ch. 7: Business and Private Organizations." American Journal of Comparative Law 36, no. 1 (1988): 158. http://dx.doi.org/10.2307/840189.

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Sumirat, Ratna, and Rianda Dirkareshza. "The Implementation of Pre Merger Notification in The Draft Law on The Prohibition of Monopoly Practices and Unhealthy Business Competition in Indonesia." Brawijaya Law Journal 8, no. 1 (April 30, 2021): 70–90. http://dx.doi.org/10.21776/ub.blj.2021.008.01.05.

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This paper examines the consequences of the Post Merger regime in Law No. 5/1999 concerning the Prohibition of Monopolistic Practices and Business Competition. This research uses the normative juridical method and comparative approach, comparing the American Antitrust Law which has successfully implemented the pre merger notification with the Indonesian Business Competition Law which implements the post merger notification. The results of this study indicate that the importance of implementing the Pre Merger Notification in the draft Law on the Prohibition of Monopolistic Practices and Unfair Business Competition is viewed in a comparison with the success of the Antitrust Law America and supported by the dynamics of globalization of the Industrial Revolution 4.0 which became a challenge for the Business Association Supervisory Commission. Thus, the regime change from Post Merger Notification to Pre Merger Notification is the right step in implementing a merger in Indonesia because Pre Merger Notification provides legal certainty and also more efficient for business actors and KPPU as a preventive effort with the aim that the implementation of Pre Merger Notification will be carried out optimally in achieving the goal of fair business competition

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August, Ray. "INTERNATIONAL CYBER-JURISDICTION: A COMPARATIVE ANALYSIS." American Business Law Journal 39, no. 4 (June 2002): 531–74. http://dx.doi.org/10.1111/j.1744-1714.2002.tb00305.x.

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Scalise, David. "Comparative study on potential business opportunities: China, USSR, Eastern Europe." International Journal of Technology Management 13, no. 3 (1997): 293. http://dx.doi.org/10.1504/ijtm.1997.001666.

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Bashi Rudahindwa, Jonathan. "OHADA and the Making of Transnational Commercial Law in Africa." Law and Development Review 11, no. 2 (June 26, 2018): 371–95. http://dx.doi.org/10.1515/ldr-2018-0024.

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Abstract The Organisation for Harmonisation of Business Law in Africa (OHADA) was established in October 1993 with the ambitious aim of inciting economic development in its Member States. Through the adoption of Uniform Commercial Laws, the organisation is expected to create an enabling environment for business development, thereby providing for a path to economic growth and subsequent development. In light of this professed aim, both the transnational methodological approach and comparative law theories are used in this paper to critically analyse the various processes conducted under the OHADA banner and to engage in discussions on the highly debated role of law as a vehicle for development in sub-Saharan Africa. This exercise, which proves crucial in order to trace its origin within the global governance and law and development theories, allows us to present OHADA as a transnational legal system, while also highlighting both its strengths and limitations.

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Bektas, Prof Dr Cetin. "Message from Editor." Global Journal of Business, Economics and Management: Current Issues 8, no. 2 (July 30, 2018): I. http://dx.doi.org/10.18844/gjbem.v8i2.3604.

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Dear Readers, It is the great honor for us to publish seventh volume, second issue of Global Journal of Business, Economics and Management: Current Issues. Global Journal of Business, Economics and Management: Current Issues is an international, multi- disciplinary, peer-refereed journal which aims to provide a global platform for professionals working in the field of business, economics, management, accounting, marketing, banking and finance and scholars and researchers to share their theoretical, empirical and practical knowledge on current issues in the area of business, economics and management. The scope of Global Journal of Business, Economics and Management: Current Issues includes; but is not limited to current issues on; Accounting, Advertising Management, Business and Economics, Business Ethics, Business Intelligence, Business Information Systems, Business Law, International Finance, Labor Economics, Labor Relations & Human Resource Management, Law and Economics, Management Information Systems, Business Law, Business Performance Management, Business Statistics, Communications Management, Comparative Economic Systems, Consumer Behavior, Corporate Finance and Governance, Corporate Governance, Cost Management, Management Science, Market Structure and Pricing, Marketing Research and Strategy, Marketing Theory and Applications, Operations Research, Organizational Behavior & Theory, Organizational Communication, Prices, Business Fluctuations, and Cycles, Product Management, Decision Sciences, Development Planning and Policy, Economic Development, Economic Methodology, Economic Policy and so on.

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Bektas, Prof Dr Cetin. "Message from Editor." Global Journal of Business, Economics and Management: Current Issues 8, no. 3 (November 27, 2018): I. http://dx.doi.org/10.18844/gjbem.v8i3.3861.

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Dear Readers, It is the great honour for us to publish eighth volume, third issue of Global Journal of Business, Economics and Management: Current Issues. Global Journal of Business, Economics and Management: Current Issues is an international, multi- disciplinary, peer-refereed journal which aims to provide a global platform for professionals working in the field of business, economics, management, accounting, marketing, banking and finance and scholars and researchers to share their theoretical, empirical and practical knowledge on current issues in the area of business, economics and management. The scope of Global Journal of Business, Economics and Management: Current Issues includes; but is not limited to current issues on; Accounting, Advertising Management, Business and Economics, Business Ethics, Business Intelligence, Business Information Systems, Business Law, International Finance, Labor Economics, Labor Relations & Human Resource Management, Law and Economics, Management Information Systems, Business Law, Business Performance Management, Business Statistics, Communications Management, Comparative Economic Systems, Consumer Behavior, Corporate Finance and Governance, Corporate Governance, Cost Management, Management Science, Market Structure and Pricing, Marketing Research and Strategy, Marketing Theory and Applications, Operations Research, Organizational Behavior & Theory, Organizational Communication, Prices, Business Fluctuations, and Cycles, Product Management, Decision Sciences, Development Planning and Policy, Economic Development, Economic Methodology, Economic Policy and so on.

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Einhorn, Talia. "Monitoring Directors in Public Companies under Israeli Law: Comparative Perspectives." European Business Organization Law Review 2, no. 3-4 (September 2001): 525–51. http://dx.doi.org/10.1017/s1566752900000586.

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Payne, Jennifer. "The Anatomy of Corporate Law: A Comparative and Functional Approach." European Business Organization Law Review 11, no. 3 (September 2010): 477–82. http://dx.doi.org/10.1017/s1566752910300085.

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Morawska, Sylwia, Blazej Prusak, Przemysław Banasik, Katarzyna Pustulka, and Bartosz Groele. "Bankruptcy Law Severity for Debtors: Comparative Analysis Among Selected Countries." EUROPEAN RESEARCH STUDIES JOURNAL XXIII, Special Issue 2 (November 1, 2020): 659–86. http://dx.doi.org/10.35808/ersj/1847.

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Marcus, George E. "Law in the Development of Dynastic Families Among American Business Elites: The Domestication of Capital and the Capitalization of Family." Family Business Review 4, no. 1 (March 1991): 75–111. http://dx.doi.org/10.1111/j.1741-6248.1991.00075.x.

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American dynastic business families as descent groups constitute a category of social organization with which anthropologists have been traditionally familiar, but in the unlikely setting of a complex, bureaucratized society. This paper examines aspects of such groups and argues that law has been a critical organizational resource in their development. Law does not merely impinge at times on family concerns, but becomes an integral dimension of extended family relations in the arrangements for perpetuating collective wealth as business capital, and in distributing individual entitlements to that wealth among descendants. A general model of family/ business formations is presented, supported by a comparative discussion of two dynastic families of Galveston, Texas.

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Witte, Daniel. "Business for Climate: A Qualitative Comparative Analysis of Policy Support from Transnational Companies." Global Environmental Politics 20, no. 4 (November 2020): 167–91. http://dx.doi.org/10.1162/glep_a_00560.

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Transnational companies (TNCs) are becoming increasingly influential in the global governance of climate change. Therefore, it is of paramount importance to understand the factors that explain why some TNCs broadly support policies to tackle climate change, while others oppose them. This study subjects previous findings from small- N case studies to a more systematic fuzzy set qualitative comparative analysis (fsQCA). It investigates previous findings that link exposure to fossil fuels to policy opposition, and transnational operations, exposure to consumers, certain factors in the institutional environment, and pressure from investors to policy support. The study concludes that findings from small- N case literature can explain the necessary conditions for climate policy support in a larger set of TNCs from a wider variety of sectors and geographies beyond GHG-intensive sectors, such as retail, technology, and telecommunication. It concludes by suggesting areas and cases for further research.

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Malmberg, Jonas. "Effective Enforcement of EC Labour Law: A Comparative Analysis of Community Law Requirements." European Journal of Industrial Relations 10, no. 2 (July 2004): 219–29. http://dx.doi.org/10.1177/0959680104044192.

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Alshubaiki, Torki A. "Developing the Legal Environment for Business in the Kingdom of Saudi Arabia: Comments and Suggestions." Arab Law Quarterly 27, no. 4 (2013): 371–91. http://dx.doi.org/10.1163/15730255-12341268.

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Abstract Closing the door of ijtihād or independent reasoning in the 10th century resulted in a legal system that was often at odds with the modern world, especially in the area of contracts. Although it is considered to be a big breakthrough at the present time that some of the religious figures or ulama in Saudi Arabia have finally expressed their interest in the codification of laws, the issue has to be dealt with from a different, not only religious, perspective. The importance of comparative law must be expressed when dealing with all commercial matters. Promoting and encouraging intellectual curiosity in different legal areas through academic institutions and research centres will drive the scholars to study the commercial law subjects from a number of different perspectives. In that process, they will develop a better understanding of their own system and know the way of developing it.

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Kozynets, Olena, Alla Nitchenko, Andrii Kholostenko, Petro Zhovtan, and Larysa Luhosh. "Tools and Methods of Work of Law Enforcement Agencies in the Sphere of Economic Law Infringements." WSEAS TRANSACTIONS ON BUSINESS AND ECONOMICS 18 (April 1, 2021): 606–18. http://dx.doi.org/10.37394/23207.2021.18.60.

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The global transformations of the economy through the system of information technologies have led to the spread of new manifestations of crime, mainly in the areas of money transfer, foreign exchange transactions, international logistics schemes. Consequently, there is a need to develop highly effective tools and methods of law enforcement agencies in the sphere of economic law infringements. The purpose of the research is to investigate modern tools and methods used in the activities of law enforcement agencies in order to prevent economic law infringements. The research methods are as follows: systematization, generalization, analysis of the regulatory framework, the method of comparative analysis; system and logical analysis, method of information synthesis; quantitative method. Results. The means and methods of work of law enforcement agencies in the field of economic law infringements have been analyzed in the academic paper. A comparative analysis of the application of tools and methods of law enforcement agencies in the field of economic law infringements in European countries has been conducted. It has been noted that they have been experiencing significant structural and technological changes, which makes it possible to more effectively identify economic violations of the law and prevent their implementation in various spheres of economic activity. The necessity of introducing modern information and technological methods of work of law enforcement agencies in order to overcome the growing number of economic law infringements has been proved. The concept of modern tools and methods of counteraction to economic law infringements has been considered and the further development of system of means and methods of counteraction to economic law infringements has been offered. The results of the research can be used to study trends in the development of tools and methods of law enforcement agencies in the field of economic violations of the law.

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Jankalová, Miriam, and Radoslav Jankal. "How to Characterize Business Excellence and Determine the Relation between Business Excellence and Sustainability." Sustainability 12, no. 15 (July 31, 2020): 6198. http://dx.doi.org/10.3390/su12156198.

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A descriptive attribute or characteristic of an object is called dimension. In the area of Business Excellence, this concept is associated with national quality awards and Business Excellence models. The aim of the paper is to identify the Business Excellence dimensions, on the grounds of comparative analysis of selected national quality award models, including determination of relations between the Business Excellence and Sustainability. Cross-cultural comparison of Business Excellence core values in the analyzed excellence models/national quality awards will be helpful in identification of the Business Excellence dimensions. The main findings of this study are: The basis for achieving Business Excellence is to respect the core principles of TQM (Total Quality Management); Business Excellence dimensions can be identified based on core values; Business Excellence can be characterized through dimensions; there is a relationship between the Business Excellence dimensions and the Sustainability dimensions. This study is based on information that was gathered through an extensive literature review (research publications and research studies (documents) about the national quality awards and Business Excellence models using Internet and research databases (Web of Science, Scopus, EBSCO) and the authors’ own experience. Methods of analysis, comparison, selection, abstraction, induction, deduction, determination, and statistics were used. The paper is organized as follows: the methodology approach; the comparative review of the secondary data on Business Excellence core values in the analyzed models; discussion about the main findings, including the link between the Business Excellence dimensions and Sustainability dimensions.

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Padovan, Adriana Vincenca, and Margita Selan Voglar. "Marina Operator Liability Insurance in Croatian and Slovenian Law and Practice." Transactions on Maritime Science 8, no. 1 (April 20, 2019): 109–22. http://dx.doi.org/10.7225/toms.v08.n01.011.

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The paper deals with marina operator liability insurance (hereinafter: MOLI) in the context of Croatian and Slovenian insurance law and business practice. The authors analyse, discuss and compare the salient features of MOLI contracts, their standard terms and conditions, scope of coverage and exclusions in Croatian and Slovenian law. The paper describes the relevant business practice in the two Adriatic countries. The analysis is based on the comparative study of the relevant national legislation and private regulation, as well as on the data and documentation gathered by field research, consisting of written questionnaires and live interviews with the representatives of insurance companies and marina operators. Our thesis is that the legal framework in the two observed jurisdictions, as well as the insurers’ private regulation in Croatia and Slovenia are very similar. The aim is to establish the common features of MOLI contracts and of the related practices of marina operators and their insurers in the respective countries and explain the background that has led to the formation of a MOLI product specific for the eastern Adriatic marina industry. Suggestions are given for the improvement of the relevant business practices and administrative requirements regarding the minimum insurance standards imposed on marina operators by the concessioning process.

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Kluver, John. "European and Australian proposals for corporate group law: a comparative analysis." European Business Organization Law Review 1, no. 2 (June 2000): 287–315. http://dx.doi.org/10.1017/s1566752900000161.

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Journal articles on the topic 'Comparative business law'

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