Freedom Of Establishment Versus Creditor Risk In Germany A Clash Of Principles

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Freedom of Establishment versus Creditor Risk in Germany: A Clash of Principles?

Author : Renate Eichin
Publisher : diplom.de
ISBN 13 : 3836600854
Total Pages : 153 pages
Book Rating : 4.8/5 (366 download)

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Book Synopsis Freedom of Establishment versus Creditor Risk in Germany: A Clash of Principles? by : Renate Eichin

Download or read book Freedom of Establishment versus Creditor Risk in Germany: A Clash of Principles? written by Renate Eichin and published by diplom.de. This book was released on 2007-01-11 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Inhaltsangabe:Abstract: The aim of this dissertation is to analyse the potential clash of the principle of free establishment and the creditor protection principles in Germany. It researches the position of unsecured creditors of insolvent pseudo-foreign companies following the rulings of the European Court of Justice in Segers, Centros, Überseering and Inspire Art with the focus on German creditors of companies with limited liability incorporated in England and Wales. Research is carried out through reviewing and analysing academic and professional opinions voiced concerning the applicability, restricted or non-applicability of specific German creditor protection instruments following the ECJ rulings considering that the law of the country of incorporation governs foreign companies. European case law defining the current understanding of the fundamental freedom of establishment is reviewed and contrasted with subsequent rulings by German courts involving insolvent English companies. The result of the analysis shows that the number of English limited companies (Limited) is still relatively insignificant compared to the total number of German GmbH companies. Limiteds don't seem to replace the GmbH and don't yet present a threat to the German economy. Questionable is the accuracy and completeness of company information a German creditor can obtain. The main reason is the lack of a formalized or regulatory information process between the company registers of England and Germany. Based on the research performed it can be concluded that the principles of creditor protection in Germany differ greatly from those applied in England. The German creditors can no longer rely on the applicability of German creditor protection instruments and face legal uncertainties. In Germany the majority of creditor protection instruments are part of company law, in England they are part of insolvency laws. The European Insolvency Regulation is not specific enough to solve these uncertainties and can even aid forum shopping. Until further clarifications are provided by the ECJ through appropriate case law the situation will remain highly unsatisfactory for the German creditor. Inhaltsverzeichnis:Table of Contents: Introduction1 Literature Review12 Freedom of Establishment - Articles 43 and 48 EC12 German Creditor Protection and Articles 43 and 48 EC16 I.Duty to file insolvency proceedings21 II.Equity Capital Maintenance and Replacement25 III.Destroying a [...]

Social Science Research

Author : Anol Bhattacherjee
Publisher : CreateSpace
ISBN 13 : 9781475146127
Total Pages : 156 pages
Book Rating : 4.1/5 (461 download)

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Book Synopsis Social Science Research by : Anol Bhattacherjee

Download or read book Social Science Research written by Anol Bhattacherjee and published by CreateSpace. This book was released on 2012-04-01 with total page 156 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is designed to introduce doctoral and graduate students to the process of conducting scientific research in the social sciences, business, education, public health, and related disciplines. It is a one-stop, comprehensive, and compact source for foundational concepts in behavioral research, and can serve as a stand-alone text or as a supplement to research readings in any doctoral seminar or research methods class. This book is currently used as a research text at universities on six continents and will shortly be available in nine different languages.

Bulletin of the Atomic Scientists

Author :
Publisher :
ISBN 13 :
Total Pages : 96 pages
Book Rating : 4./5 ( download)

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Book Synopsis Bulletin of the Atomic Scientists by :

Download or read book Bulletin of the Atomic Scientists written by and published by . This book was released on 1966-06 with total page 96 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bulletin of the Atomic Scientists is the premier public resource on scientific and technological developments that impact global security. Founded by Manhattan Project Scientists, the Bulletin's iconic "Doomsday Clock" stimulates solutions for a safer world.

The Financial Crisis Inquiry Report

Author : Financial Crisis Inquiry Commission
Publisher : Cosimo, Inc.
ISBN 13 : 1616405414
Total Pages : 692 pages
Book Rating : 4.6/5 (164 download)

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Book Synopsis The Financial Crisis Inquiry Report by : Financial Crisis Inquiry Commission

Download or read book The Financial Crisis Inquiry Report written by Financial Crisis Inquiry Commission and published by Cosimo, Inc.. This book was released on 2011-05-01 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Financial Crisis Inquiry Report, published by the U.S. Government and the Financial Crisis Inquiry Commission in early 2011, is the official government report on the United States financial collapse and the review of major financial institutions that bankrupted and failed, or would have without help from the government. The commission and the report were implemented after Congress passed an act in 2009 to review and prevent fraudulent activity. The report details, among other things, the periods before, during, and after the crisis, what led up to it, and analyses of subprime mortgage lending, credit expansion and banking policies, the collapse of companies like Fannie Mae and Freddie Mac, and the federal bailouts of Lehman and AIG. It also discusses the aftermath of the fallout and our current state. This report should be of interest to anyone concerned about the financial situation in the U.S. and around the world.THE FINANCIAL CRISIS INQUIRY COMMISSION is an independent, bi-partisan, government-appointed panel of 10 people that was created to "examine the causes, domestic and global, of the current financial and economic crisis in the United States." It was established as part of the Fraud Enforcement and Recovery Act of 2009. The commission consisted of private citizens with expertise in economics and finance, banking, housing, market regulation, and consumer protection. They examined and reported on "the collapse of major financial institutions that failed or would have failed if not for exceptional assistance from the government."News Dissector DANNY SCHECHTER is a journalist, blogger and filmmaker. He has been reporting on economic crises since the 1980's when he was with ABC News. His film In Debt We Trust warned of the economic meltdown in 2006. He has since written three books on the subject including Plunder: Investigating Our Economic Calamity (Cosimo Books, 2008), and The Crime Of Our Time: Why Wall Street Is Not Too Big to Jail (Disinfo Books, 2011), a companion to his latest film Plunder The Crime Of Our Time. He can be reached online at www.newsdissector.com.

The Economic Consequences of the Peace

Author : John Maynard Keynes
Publisher : Simon Publications LLC
ISBN 13 : 9781931541138
Total Pages : 312 pages
Book Rating : 4.5/5 (411 download)

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Book Synopsis The Economic Consequences of the Peace by : John Maynard Keynes

Download or read book The Economic Consequences of the Peace written by John Maynard Keynes and published by Simon Publications LLC. This book was released on 1920 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: John Maynard Keynes, then a rising young economist, participated in the Paris Peace Conference in 1919 as chief representative of the British Treasury and advisor to Prime Minister David Lloyd George. He resigned after desperately trying and failing to reduce the huge demands for reparations being made on Germany. The Economic Consequences of the Peace is Keynes' brilliant and prophetic analysis of the effects that the peace treaty would have both on Germany and, even more fatefully, the world.

Principles of Politics Applicable to All Governments

Author : Benjamin Constant
Publisher :
ISBN 13 :
Total Pages : 594 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Principles of Politics Applicable to All Governments by : Benjamin Constant

Download or read book Principles of Politics Applicable to All Governments written by Benjamin Constant and published by . This book was released on 2003 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Benjamin Constant (1767-1830) was born in Switzerland and became one of France's leading writers, as well as a journalist, philosopher, and politician. His colourful life included a formative stay at the University of Edinburgh; service at the court of Brunswick, Germany; election to the French Tribunate; and initial opposition and subsequent support for Napoleon, even the drafting of a constitution for the Hundred Days. Constant wrote many books, essays, and pamphlets. His deepest conviction was that reform is hugely superior to revolution, both morally and politically. While Constant's fluid, dynamic style and lofty eloquence do not always make for easy reading, his text forms a coherent whole, and in his translation Dennis O'Keeffe has focused on retaining the 'general elegance and subtle rhetoric' of the original. Sir Isaiah Berlin called Constant 'the most eloquent of all defenders of freedom and privacy' and believed to him we owe the notion of 'negative liberty', that is, what Biancamaria Fontana describes as "the protection of individual experience and choices from external interferences and constraints." To Constant it was relatively unimportant whether liberty was ultimately grounded in religion or metaphysics -- what mattered were the practical guarantees of practical freedom -- "autonomy in all those aspects of life that could cause no harm to others or to society as a whole." This translation is based on Etienne Hofmann's critical edition of Principes de politique (1980), complete with Constant's additions to the original work.

Limits of Tolerance

Author : Sebastian Brett
Publisher : Human Rights Watch
ISBN 13 : 9781564321923
Total Pages : 210 pages
Book Rating : 4.3/5 (219 download)

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Book Synopsis Limits of Tolerance by : Sebastian Brett

Download or read book Limits of Tolerance written by Sebastian Brett and published by Human Rights Watch. This book was released on 1998 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: History and Legal Norms

The Emergence of Personal Data Protection as a Fundamental Right of the EU

Author : Gloria González Fuster
Publisher : Springer Science & Business
ISBN 13 : 3319050230
Total Pages : 284 pages
Book Rating : 4.3/5 (19 download)

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Book Synopsis The Emergence of Personal Data Protection as a Fundamental Right of the EU by : Gloria González Fuster

Download or read book The Emergence of Personal Data Protection as a Fundamental Right of the EU written by Gloria González Fuster and published by Springer Science & Business. This book was released on 2014-04-28 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the coming into being in European Union (EU) law of the fundamental right to personal data protection. Approaching legal evolution through the lens of law as text, it unearths the steps that led to the emergence of this new right. It throws light on the right’s significance, and reveals the intricacies of its relationship with privacy. The right to personal data protection is now officially recognised as an EU fundamental right. As such, it is expected to play a critical role in the future European personal data protection legal landscape, seemingly displacing the right to privacy. This volume is based on the premise that an accurate understanding of the right’s emergence is crucial to ensure its correct interpretation and development. Key questions addressed include: How did the new right surface in EU law? How could the EU Charter of Fundamental Rights claim to render ‘more visible’ an invisible right? And how did EU law allow for the creation of a new right while ensuring consistency with existing legal instruments and case law? The book first investigates the roots of personal data protection, studying the redefinition of privacy in the United States in the 1960s, as well as pioneering developments in European countries and in international organisations. It then analyses the EU’s involvement since the 1970s up to the introduction of legislative proposals in 2012. It grants particular attention to changes triggered in law by language and, specifically, by the coexistence of languages and legal systems that determine meaning in EU law. Embracing simultaneously EU law’s multilingualism and the challenging notion of the untranslatability of words, this work opens up an inspiring way of understanding legal change. This book will appeal to legal scholars, policy makers, legal practitioners, privacy and personal data protection activists, and philosophers of law, as well as, more generally, anyone interested in how law works.

Economic Security: Neglected Dimension of National Security ?

Author : National Defense University (U S )
Publisher : Government Printing Office
ISBN 13 :
Total Pages : 132 pages
Book Rating : 4./5 ( download)

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Book Synopsis Economic Security: Neglected Dimension of National Security ? by : National Defense University (U S )

Download or read book Economic Security: Neglected Dimension of National Security ? written by National Defense University (U S ) and published by Government Printing Office. This book was released on 2011-12-27 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: On August 24-25, 2010, the National Defense University held a conference titled “Economic Security: Neglected Dimension of National Security?” to explore the economic element of national power. This special collection of selected papers from the conference represents the view of several keynote speakers and participants in six panel discussions. It explores the complexity surrounding this subject and examines the major elements that, interacting as a system, define the economic component of national security.

The Economic Review

Author :
Publisher :
ISBN 13 :
Total Pages : 680 pages
Book Rating : 4.:/5 (27 download)

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Book Synopsis The Economic Review by :

Download or read book The Economic Review written by and published by . This book was released on 1919 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Economic Review

Author :
Publisher :
ISBN 13 :
Total Pages : 742 pages
Book Rating : 4.:/5 (334 download)

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Book Synopsis Economic Review by :

Download or read book Economic Review written by and published by . This book was released on 1919 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Nations

Author : Emer de Vattel
Publisher :
ISBN 13 :
Total Pages : 668 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis The Law of Nations by : Emer de Vattel

Download or read book The Law of Nations written by Emer de Vattel and published by . This book was released on 1856 with total page 668 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Command Of The Air

Author : General Giulio Douhet
Publisher : Pickle Partners Publishing
ISBN 13 : 1782898522
Total Pages : 620 pages
Book Rating : 4.7/5 (828 download)

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Book Synopsis Command Of The Air by : General Giulio Douhet

Download or read book Command Of The Air written by General Giulio Douhet and published by Pickle Partners Publishing. This book was released on 2014-08-15 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the pantheon of air power spokesmen, Giulio Douhet holds center stage. His writings, more often cited than perhaps actually read, appear as excerpts and aphorisms in the writings of numerous other air power spokesmen, advocates-and critics. Though a highly controversial figure, the very controversy that surrounds him offers to us a testimonial of the value and depth of his work, and the need for airmen today to become familiar with his thought. The progressive development of air power to the point where, today, it is more correct to refer to aerospace power has not outdated the notions of Douhet in the slightest In fact, in many ways, the kinds of technological capabilities that we enjoy as a global air power provider attest to the breadth of his vision. Douhet, together with Hugh “Boom” Trenchard of Great Britain and William “Billy” Mitchell of the United States, is justly recognized as one of the three great spokesmen of the early air power era. This reprint is offered in the spirit of continuing the dialogue that Douhet himself so perceptively began with the first edition of this book, published in 1921. Readers may well find much that they disagree with in this book, but also much that is of enduring value. The vital necessity of Douhet’s central vision-that command of the air is all important in modern warfare-has been proven throughout the history of wars in this century, from the fighting over the Somme to the air war over Kuwait and Iraq.

The European Union in the 21st Century

Author : Stefano Micossi
Publisher :
ISBN 13 : 9789290799290
Total Pages : 0 pages
Book Rating : 4.7/5 (992 download)

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Book Synopsis The European Union in the 21st Century by : Stefano Micossi

Download or read book The European Union in the 21st Century written by Stefano Micossi and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributors to this book are all members of EuropEos, a multidisciplinary group of jurists, economists, political scientists, and journalists in an ongoing forum discussing European institutional issues. The essays analyze emerging shifts in common policies, institutional settings, and legitimization, sketching out possible scenarios for the European Union of the 21st century. They are grouped into three sections, devoted to economics and consensus, international projection of the Union, and the institutional framework. Even after the major organizational reforms introduced to the EU by the new Treaty of Lisbon, which came into force in December 2009, Europe appears to remain an entity in flux, in search of its ultimate destiny. In line with the very essence of EuropEos, the views collected in this volume are sometimes at odds in their specific conclusions, but they stem from a common commitment to the European construction.

The Great Transformation

Author : Karl Polanyi
Publisher : Penguin Classics
ISBN 13 : 9780241685556
Total Pages : 0 pages
Book Rating : 4.6/5 (855 download)

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Book Synopsis The Great Transformation by : Karl Polanyi

Download or read book The Great Transformation written by Karl Polanyi and published by Penguin Classics. This book was released on 2024-06-20 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'One of the most powerful books in the social sciences ever written. ... A must-read' Thomas Piketty 'The twentieth century's most prophetic critic of capitalism' Prospect Karl Polanyi's landmark 1944 work is one of the earliest and most powerful critiques of unregulated markets. Tracing the history of capitalism from the great transformation of the industrial revolution onwards, he shows that there has been nothing 'natural' about the market state. Instead of reducing human relations and our environment to mere commodities, the economy must always be embedded in civil society. Describing the 'avalanche of social dislocation' of his time, Polanyi's hugely influential work is a passionate call to protect our common humanity. 'Polanyi's vision for an alternative economy re-embedded in politics and social relations offers a refreshing alternative' Guardian 'Polanyi exposes the myth of the free market' Joseph Stiglitz With a new introduction by Gareth Dale

Pedagogy of the Oppressed

Author : Paulo Freire
Publisher :
ISBN 13 : 9780140225839
Total Pages : 153 pages
Book Rating : 4.2/5 (258 download)

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Book Synopsis Pedagogy of the Oppressed by : Paulo Freire

Download or read book Pedagogy of the Oppressed written by Paulo Freire and published by . This book was released on 1972 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Public Administration in Germany

Author : Sabine Kuhlmann
Publisher : Springer Nature
ISBN 13 : 3030536971
Total Pages : 415 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis Public Administration in Germany by : Sabine Kuhlmann

Download or read book Public Administration in Germany written by Sabine Kuhlmann and published by Springer Nature. This book was released on 2021-01-29 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a topical, comprehensive and differentiated analysis of Germany’s public administration and reforms. It provides an overview on key elements of German public administration at the federal, Länder and local levels of government as well as on current reform activities of the public sector. It examines the key institutional features of German public administration; the changing relationships between public administration, society and the private sector; the administrative reforms at different levels of the federal system and numerous sectors; and new challenges and modernization approaches like digitalization, Open Government and Better Regulation. Each chapter offers a combination of descriptive information and problem-oriented analysis, presenting key topical issues in Germany which are relevant to an international readership.