Книги з теми "Separate legal personality"
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1
Lazarev, V. Law-making in the XXI century: the evolution of doctrine and practice (to the 90th anniversary of the birth of A.S.Pigolkin). ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1861953.
Анотація:
The collection was prepared based on the materials of the All-Russian Annual Meeting of Legal Theorists dedicated to the 90th anniversary of the birth of the outstanding Russian legal scholar Albert Semenovich Pigolkin. The authors study the scientific heritage of A.S. Pigolkin, many of whose works are devoted to the issues of law-making and remain relevant, and also consider the problems of law-making, which is currently acquiring new features.
The first section presents the memories of colleagues and students about the personality of the scientist, the role of his developments for modern legal science and practice is outlined. The importance of methodological foundations for measuring the effectiveness of certain types of law enforcement activities, the doctrine of the division of the law-making process into stages, approaches to systematization and codification of legislation, interpretation of legal norms is emphasized.
In other sections, separate facets of this heritage are considered, including in the light of modern challenges, the general philosophical, socio-political and legal vision of the Russian legal system, as well as the development of digitalization processes. Inspired by the scientific ideas of Albert Semenovich, the authors explore contractual and judicial rulemaking, legal techniques and experimental legal regimes, pay attention to new trends in the use of the language of law, pose questions and give answers to many other problems of legal regulation.
The publication is aimed at the transfer of unique scientific experience, the development of the methodology of legal research, the formation of scientific approaches to improving the process
of preparation and adoption of regulatory legal acts, increasing the effectiveness of their action.
For legal scholars and practitioners, teachers, students and postgraduates
of law universities and faculties, experts in the field of law-making.
2
Postnikov, A. The legal status of a person and a citizen in a changing world. ru: INFRA-M Academic Publishing LLC., 2022. http://dx.doi.org/10.12737/1911600.
Анотація:
The monograph solves two interrelated tasks: the theoretical definition of the modern content of the constitutional and legal status of the individual in our country in the context of the development of constitutional legislation, international law and the experience of legal regulation in foreign countries; the establishment of the most significant trends in the development of the legal status of the individual, causing changes in constitutional doctrine, legislation and law enforcement practice.
The role of constitutional legislation in the realization of constitutional rights and freedoms of citizens is analyzed. Particular attention is paid to the problem of the existence of "parallel" regulation and personality at the level of the Constitution and current legislation. The issues of the influence of regional legislation on the development of the constitutional and legal status of the individual are considered separately. It is shown that different regulatory approaches are applied in this regard in different subjects of the Federation. Taking into account the fact that the legal status of an individual, along with rights and freedoms, is also formed by the duties of an individual, the essence and directions of the development of institutions of duties and responsibility are revealed.
For readers interested in modern problems of constitutionalism, human rights and their protection.
3
Doek, J. E. Article 8: The right to preservation of identity ; Article 9 : the right not to be separated from his or her parents. Leiden: Martinus Nijhoff, 2006.
4
French, Derek, Stephen W. Mayson, and Christopher L. Ryan. 5. Corporate personality. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198778301.003.0005.
Анотація:
This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts, and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the courts affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In addition, the chapter examines the process known as ‘piercing the corporate veil’ in relation to the evasion principle; how an artificial entity can have legal personality; and a number of particularly significant court cases. Finally, it looks at corporate law theory and the issue of company linguistics.
5
French, Derek. 5. Corporate personality. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198815105.003.0005.
Анотація:
This chapter deals with the legal personality of a company which is separate from its members, capable of owning property, entering into contracts and being a party to legal proceedings. It considers the case Salomon v A Salomon and Co Ltd [1897] AC 22, in which the House of Lords affirmed separate corporate personality by rejecting attempts, on behalf of creditors, to impose liability for a failed company’s debts on its controlling shareholder. The consequences of separate corporate personality are also discussed, particularly with respect to a company’s human rights (or personal rights). In addition, the chapter examines the process known as ‘piercing the corporate veil’ in relation to the evasion principle; how an artificial entity can have legal personality; and a number of particularly significant court cases. Finally, it looks at corporate law theory and considers whether companies are grammatically singular or plural.
6
Kjeldgaard-Pedersen, Astrid. The Legal Personality of Individuals in International Economic Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198820376.003.0008.
Анотація:
Under the umbrella of international economic law, Chapter 8 begins in Section 8.1 by examining the relationship between the concept of international legal personality and positive international norms pertaining to ‘State contracts’. Section 8.2 then studies the field of international investment law, which (unlike, for instance, international trade law) is characterized by a considerable degree of involvement of the individual investor. Section 8.3 goes on to discuss some pertinent aspects of EU law in relation to the international legal personality of individuals. EU law is not commonly regarded as a part of international (economic) law, but rather as ‘a new legal order’ of its own. EU law is nevertheless included here as the point is to challenge the popular conception of EU law as separate from the international legal system, and to illustrate that this notion rests, at least in part, on the orthodox ‘States-only’ conception of international legal personality.
7
Moore, Imogen. 2. Companies and Corporate Personality. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198745228.003.0002.
Анотація:
The Concentrate Questions and Answers series offers the best preparation for tackling exam questions and coursework. Each book includes typical questions, suggested answers with commentary, illustrative diagrams, guidance on how to develop your answer, suggestions for further reading, and advice on exams and coursework. This chapter considers the main legal forms used for businesses in the UK— particularly sole traders, general partnerships, limited liability partnerships (LLPs) and companies. It then examines how registered companies limited by shares come into existence. On registration a company becomes a legal person, separate from its shareholders and directors. This chapter explores this ‘corporate personality’ and the popular topic of when the ‘veil of incorporation’ can be lifted or pierced by statute or the courts.
8
Paolo, Palchetti. 1 Legal Status (Personality), 1.3 Maclaine Watson & Co. Ltd v International Tin Council , 26 October 1989, United Kingdom House of Lords, 81 ILR 670. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0005.
Анотація:
This judgment constitutes one of the most authoritative precedents on the question concerning responsibility of members for acts of the organization. The House of Lords denied the existence of a rule of general international law according to which, in the absence of an express provision in the constitutive treaty excluding the responsibility of the members, they are responsible, jointly and severally, for the breach by the organization of its obligations to third parties. According to the House of Lords, the separate legal personality of an international organization precludes that the members can be held responsible, due to their membership, for the conduct of the organization. The judgment also addresses the question of whether the effects stemming from the possession of a separate legal personality have to be determined by reference to international law or by reference to the domestic law of the forum state.
9
Wilkinson, Mike. Limits of Separate Legal Personality: When Those Running a Company Can Be Held Personally Liable for Losses Caused to Third Parties Outside of the Company. Law Brief Publishing, 2022.
10
Dame Rosalyn, DBE, QC, Higgins, Webb Philippa, Akande Dapo, Sivakumaran Sandesh, and Sloan James. Part 2 The United Nations: What it is, 9 Powers. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780198808312.003.0009.
Анотація:
This chapter examines the powers or competences of the United Nations as a separate legal entity. Its possession of legal personality, its specialized agencies, and some of the separate legal entities in the UN family are concepts that are related but distinct from the powers of these bodies. The possession of international legal personality means that these bodies have their own rights and duties, and powers vested in them in their own right. However, the possession of legal personality does not define the particular powers of the organization, nor does it mean that they have plenary competence under international law or in municipal legal systems. The chapter discusses the relationship to legal personality; nature and scope; purposes and principles of the organization; division of competence between principal organs and subsidiary organs; domestic jurisdiction limitation of Article 2(7); substantive content of powers internationally and in domestic law; consequences of ultra vires acts.
11
Christiane, Ahlborn. 6 Responsibility, 6.2 Arab Organization for Industrialization and others v Westland Helicopters Ltd, Swiss Federal Supreme Court (First Civil Court), 19 July 1988, 80 ILR 652. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198743620.003.0030.
Анотація:
This chapter discusses the decision of the Swiss Federal Supreme Court in Westland Helicopters. It forms part of an appeal brought by the Arab Republic of Egypt (ARE) against an earlier arbitral award against the ARE and other respondents. The Tribunal had held that AOI member states, including the ARE, had agreed to arbitration by virtue of the AOI constitution. The Swiss Federal Supreme Court partly reversed this award by upholding the separate legal personality of the AOI. As a result, AOI member states, in particular the appealing ARE, could not be subjected to international arbitration. The Swiss Federal Supreme Court thus set the stage for the contemporary view on the question of the responsibility of member states of international organizations: due to the separate legal personality of an international organization, its member states cannot be held responsible for acts of the organization by virtue of their membership alone.
12
Slorach, J. Scott, and Jason Ellis. 7. Limited companies—an introduction. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823230.003.0007.
Анотація:
This chapter considers the legal position of limited companies. Many businesses are run by limited companies. These range from international conglomerates to companies owned by one person running a small business. The discussions cover the concept of the company; sources of company law; registration; types of registered company; the company as a separate legal personality; and lifting the veil of incorporation.
13
Slorach, J. Scott, and Jason Ellis. 7. Limited companies—an introduction. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787686.003.0007.
Анотація:
This chapter considers the legal position of limited companies. Many businesses are run by limited companies. These range from international conglomerates to companies owned by one person running a small business. The discussions cover the concept of the company; sources of company law; registration; types of registered company; the company as a separate legal personality; and lifting the veil of incorporation.
14
Emyr Jones, Parry. Book IV Multilateral Diplomacy, Human Rights, and International Organizations, 19 The United Nations—II Specialized Agencies, Funds and Programmes, Regional Commissions, and Special Bodies. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198739104.003.0019.
Анотація:
This chapter explores a wide collection of bodies falling within reach of the United Nations and its six organs—all of which come loosely under the headings Specialized Agencies, Funds and Programmes, Other Entities, and Related Organizations. The UN specialized agencies are not part of the United Nations, though they all have ‘relationship agreements’ with the UN and are regarded as part of the ‘UN family’. They are independent international organizations funded by both voluntary and assessed contributions. Funds and Programmes are usually set up by decisions of the General Assembly or the Economic and Social Council, or both. They are funded by voluntary contributions and have their own elected Executive Boards which report to the organ which created them. They also have no separate international legal personality.
15
Dignam, Alan, and John Lowry. 10. Derivative claims. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198753285.003.0848.
Анотація:
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.
16
Dignam, Alan, and John Lowry. 10. Derivative claims. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198811831.003.0010.
Анотація:
Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter examines derivative action as a means of safeguarding minority shareholders against abuses of power and its implications for the principle of majority rule. It begins by analysing the rule in Foss v Harbottle (1843), which translates the doctrine of separate legal personality, the statutory contract, the ‘internal management principle’, and the principle of majority rule into a rule of procedure governing locus standi (that is, who has standing to sue), as well as the exceptions to that rule. It then considers various types of shareholder actions, including personal claims, representative actions (group litigation), and derivative claims. It also discusses derivative claims under the Companies Act 2006, with emphasis on the two-stage process of the application for permission to continue a derivative claim. The chapter concludes by assessing bars to a derivative action, together with liability insurance and qualifying third party indemnity provisions.
17
Ludwig, Kirk. Corporations. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198789994.003.0014.
Анотація:
Chapter 14 applies the account developed through Chapter 13 to corporate agency. First, it develops an account of the corporation as its shareholders acting through the corporate form. Second, it explains the significance of legal personality and its relation to the forms of speech we use to attribute corporate agency, which shows the surface forms of speech to be misleading. Third, it develops an account of the structure of corporate agency when ownership and control are separated in a two-tier management system consisting of an elected board of directors overseeing upper management. The conclusion is the board, management, and employees are proxy agents of the shareholders. Fourth, it considers the some forms of legal speech about corporations that raise specific puzzles. Fifth, it develops a deflationary account of the import of ordinary forms of speech about corporations and businesses that employ propositional attitude verbs.
18
de Stefano, Carlo. Attribution in International Law and Arbitration. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198844648.001.0001.
Анотація:
This book aims to clarify, critically discuss, and propose solutions for the application of international rules of attribution of conduct to States under public international law and international investment law. In a nutshell, the issue is that of the applicability of the principles of ‘attribution’ to States of acts that are in breach of their obligations under international custom or international treaties, with a focus on their commitments pertaining to the treatment of foreign investors under international investment agreements (IIAs), mostly bilateral investment treaties (BITs), and their application by arbitral tribunals. Of special interest and the object of extensive debate within this context is the responsibility of States when the alleged breach has been committed not by the State itself through its organs, but by entities which have separate legal personality under domestic law, which, nevertheless, may engage the responsibility of the State under international law, such as State-owned enterprises (SOEs). The book addresses the relevant issues in a systematic way, approaching them first in general terms on the basis of the Draft Articles on Responsibility of States for Internationally Wrongful Acts (ARSIWA) on attribution, finalized by the International Law Commission (ILC) in 2001, and proceeding thereafter to the specifics of international investment law, based on an accurate examination of the law, practice, and case law, with full knowledge and consideration of the academic debate. To this extent, the book submits that the general principles on attribution are fully applicable within international investment law, which is not a closed system governed by different principles, and that tribunals have to apply them as they generally do.