Kurzkommentar Zgb

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Passing Wealth on Death

Author : Alexandra Braun
Publisher : Bloomsbury Publishing
ISBN 13 : 150990736X
Total Pages : 408 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Passing Wealth on Death by : Alexandra Braun

Download or read book Passing Wealth on Death written by Alexandra Braun and published by Bloomsbury Publishing. This book was released on 2016-07-28 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wealth can be transferred on death in a number of different ways, most commonly by will. Yet a person can also use a variety of other means to benefit someone on death. Examples include donationes mortis causa, joint tenancies, trusts, life-insurance contracts and nominations in pension and retirement plans. In the US, these modes of transfer are grouped under the category of 'will-substitutes' and are generally treated as testamentary dispositions. Much has been written about the effect of the use of will-substitutes in the US, but little is generally known about developments in other jurisdictions. For the first time, this collection of contributions looks at will-substitutes from a comparative perspective. It examines mechanisms that pass wealth on death across a number of common law, civil law and mixed legal jurisdictions, and explores the rationale behind their use. It analyses them from different viewpoints, including those of owners of businesses, investors, as well as creditors, family members and dependants. The aims of the volume are to show the complexity and dynamics of wealth transfers on death across jurisdictions, to identify patterns between jurisdictions, and to report the attitudes towards the different modes of transfer in light of their utility and the potential frictions they give rise to with policies and principles underpinning current laws.

The Legal Protection of Personality Rights

Author : Ken Oliphant
Publisher : BRILL
ISBN 13 : 900435171X
Total Pages : 237 pages
Book Rating : 4.0/5 (43 download)

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Book Synopsis The Legal Protection of Personality Rights by : Ken Oliphant

Download or read book The Legal Protection of Personality Rights written by Ken Oliphant and published by BRILL. This book was released on 2018-04-24 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to investigate the way in which personality rights are protected in China through a comparative and cross-cultural lens drawing on perspectives from Europe and elsewhere in the world. Currently, the question whether or not to incorporate a special law on personal rights – the right to life, the right to health, and the rights to reputation and privacy – into a future Chinese Civil Code is heatedly debated in the Chinese legal community. The essential topics that are addressed in this book include general issues of personality rights, personality rights in Constitutional law, personality rights in private law, the legislative development of personality rights in China, case studies of the right to privacy, personality rights in the mass media and the internet, competition law aspects of the right of publicity, the protection of patients’ personal information, and personality rights in the family context. The book offers a broad investigation of personality rights protection in both China and Europe and provides the first substantive comparison of the Chinese and European regimes. The project is conceived as a joint effort on the part of a carefully chosen team of Chinese and European academics, working closely together. The team consists of both senior scholars and young researchers led by well-known experts in the field of comparative tort law.

ZGB : Kurzkommentar

Author : Andrea Büchler
Publisher :
ISBN 13 : 9783719031732
Total Pages : 2926 pages
Book Rating : 4.0/5 (317 download)

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Book Synopsis ZGB : Kurzkommentar by : Andrea Büchler

Download or read book ZGB : Kurzkommentar written by Andrea Büchler and published by . This book was released on 2017 with total page 2926 pages. Available in PDF, EPUB and Kindle. Book excerpt:

International Taxation of Cloud Computing

Author : Alexander Weisser
Publisher : Éditions juridiques libres / Freier juristischer Verlag
ISBN 13 : 2889540316
Total Pages : 594 pages
Book Rating : 4.8/5 (895 download)

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Book Synopsis International Taxation of Cloud Computing by : Alexander Weisser

Download or read book International Taxation of Cloud Computing written by Alexander Weisser and published by Éditions juridiques libres / Freier juristischer Verlag. This book was released on 2020-10-07 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cloud computing may be borderless, but taxes are territorial. It is easy to imagine how the two concepts can clash. Much effort has gone into harmonizing tax rules across borders with the result that many jurisdictions have very similar tax rules. Even so, taxation remains a basic expression of national sovereignty. The goal of this thesis is to examine how international tax law applies to the cross-border cloud computing business. Both, multinational providers and customers of cloud computing services are analyzed. Reflecting three traditional areas of international tax scholarship, the goal could be stated in three questions. Which jurisdictions have the right to tax? What kinds of cloud computing transactions can be taxed? What amount of the profit is taxable? In more technical terms, this means enquiring into how the use of cloud computing affects the permanent establishment status of taxpayers, how the different kinds of cloud computing transactions are characterized under international double taxation treaties, and how the calculation of taxable cloud computing profit is affected by transfer pricing. In light of the current political events, the thesis also offers recommendations de lege lata through a systematic approach. Its first part assesses the current taxation of cloud computing. The second part evaluates whether the findings of this initial assessment conform to various superior principles of good rulemaking. It identifies which of the present tax rules ought to be adapted. The final part considers how the rules could be amended to become more compliant with the superior principles. In this way, Part I embodies the thesis, Part II the antithesis, and Part III seeks a synthesis.

Directors & Officers (D & O) Liability

Author : Simon Deakin
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3110489961
Total Pages : 1072 pages
Book Rating : 4.1/5 (14 download)

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Book Synopsis Directors & Officers (D & O) Liability by : Simon Deakin

Download or read book Directors & Officers (D & O) Liability written by Simon Deakin and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-02-19 with total page 1072 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years several cases concerning the liability of directors and officers have courted controversy. Arguments raised in such discussions oscillate between two extremes: on the one hand, the need for governing bodies to give a space to entrepreneurial discretion and on the other hand to ensure the protection of investors in and creditors of a company from the consequences of disadvantageous decisions by those bodies. In light of the geographical dispersal of the above stakeholders, the study offers a comparative insight into the liability of directors and officers in 10 key European jurisdictions (in particular, Austria, Czech Republic, Germany, Italy, the Netherlands, Norway, Poland, Spain and Switzerland) and 4 non-European jurisdictions (namely Brazil, Israel, Turkey and the United States). Amongst other things it investigates existing company law principles on the topic and examines their interaction with tort law and other fields with a view to suggesting principles for better stakeholder protection. National reports are complemented by an economic analysis and insurance, conflict of laws and comparative reports. The study also benefits from case study analyses.

Property and Trust Law in Switzerland

Author : Georg von Segesser
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403510102
Total Pages : 80 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Property and Trust Law in Switzerland by : Georg von Segesser

Download or read book Property and Trust Law in Switzerland written by Georg von Segesser and published by Kluwer Law International B.V.. This book was released on 2019-03-26 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of the law of property in Switzerland deals with the issues related to rights and interests in all kinds of property and assets – immovable, movable, and personal property; how property rights are acquired; fiduciary mechanisms; and security considerations. Lawyers who handle transnational disputes and other matters concerning property will appreciate the explanation of specific terminology, application, and procedure. An introduction outlining the essential legal, cultural, and historical considerations affecting property is followed by a discussion of the various types of property. Further analysis describes how and to what extent legal subjects can have or obtain rights and interests in each type. The coverage includes tangible and intangible property, varying degrees of interest, and the various ways in which property is transferred, including the ramifications of appropriation, expropriation, and insolvency. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance. The book includes ample references to doctrine and cases, as well as to relevant international treaties and conventions. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable time-saving tool for any practitioner faced with a property-related matter. Lawyers representing parties with interests in Switzerland will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative property law.

Essential Cases on the Limits of Liability

Author : Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, Ernst Karner
Publisher : Walter de Gruyter GmbH & Co KG
ISBN 13 : 3111001520
Total Pages : 999 pages
Book Rating : 4.1/5 (11 download)

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Book Synopsis Essential Cases on the Limits of Liability by : Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, Ernst Karner

Download or read book Essential Cases on the Limits of Liability written by Bénédict Winiger, Bjarte Askeland, Elena Bargelli, Martin Hogg, Ernst Karner and published by Walter de Gruyter GmbH & Co KG. This book was released on 2024-09-20 with total page 999 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Netherlands, Switzerland, Czech Republic, Slovakia, Malta, Latvia

Author : Wolfgang Faber
Publisher : Walter de Gruyter
ISBN 13 : 3866539231
Total Pages : 599 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis The Netherlands, Switzerland, Czech Republic, Slovakia, Malta, Latvia by : Wolfgang Faber

Download or read book The Netherlands, Switzerland, Czech Republic, Slovakia, Malta, Latvia written by Wolfgang Faber and published by Walter de Gruyter. This book was released on 2010-12-23 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This excellent series presents comparative study, analysis and evaluation of 28 European legal systems in the field of transfer of movables. Major topics are - the notion of ownership, - the derivative acquisition of ownership (e.g. by a sales contract), - the good faith acquisition of ownership and other property rights, - the multiple sale of the same movable, - the protection of possession, positive (acquisitive) prescription, and - processing and consolidation. The work is based on comprehensive country reports (which are to be published) on the relevant legal rules in Europe and has the drafting and publication of text proposals of uniform European rules - with commentary and comparative notes - as its primary goal. It intends to influence the future development of European private law on the EU level. This sixth volume of the series presents "up-to-date" national reports of - The Netherlands - Switzerland - Czech Republic - Slovakia - Malta - Latvia

Introduction to Swiss Law

Author : François Dessemontet
Publisher :
ISBN 13 :
Total Pages : 382 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Introduction to Swiss Law by : François Dessemontet

Download or read book Introduction to Swiss Law written by François Dessemontet and published by . This book was released on 2004 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Impact of Corruption on International Commercial Contracts

Author : Michael Joachim Bonell
Publisher : Springer
ISBN 13 : 3319190547
Total Pages : 454 pages
Book Rating : 4.3/5 (191 download)

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Book Synopsis The Impact of Corruption on International Commercial Contracts by : Michael Joachim Bonell

Download or read book The Impact of Corruption on International Commercial Contracts written by Michael Joachim Bonell and published by Springer. This book was released on 2015-08-29 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume presents national reports describing the legal instruments that are available to prevent the payment of bribes for acquiring contracts. Anti-corruption is one of the preeminent issues in the modern global commercial order and is tackled with the help of criminal law and contract law in different ways in different countries. The reports included in this volume, from very diverse parts of the world, represent a unique and rich compilation of court decisions, doctrinal discussions and a pool of suggested solutions. The central theme is the enforceability of three problematic types of contracts: the bribe agreement, whereby a bribe payer promises the agent of his business partner a personal benefit in exchange for favourable contract terms; the agreement between a bribe payer and an intermediary (a “bribe merchant”), where the latter offers his expertise to help funnel bribes to agents of the business partner; and finally, the contract between the bribe payer and his business partner which was obtained by means of bribery. The analysis is tailored toward commercial contracts, which can also include contracts with state-owned enterprises. The examination and comparison of international and national initiatives included in this volume advance the discussion on the most appropriate remedies in corruption cases, and show how to get past the boundaries of criminal, private and contract law.

Force Majeure and Hardship Under General Contract Principles

Author : Christoph Brunner
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127925
Total Pages : 626 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Force Majeure and Hardship Under General Contract Principles by : Christoph Brunner

Download or read book Force Majeure and Hardship Under General Contract Principles written by Christoph Brunner and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 626 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lawyers involved in international commercial transactions know well that unforeseen events affecting the performance of a party often arise. Not surprisingly, exemptions for non-performance are dealt with in a significant number of arbitral awards. This very useful book thoroughly analyzes contemporary approaches, particularly as manifested in case law, to the scope and content of the principles of exemption for non-performance which are commonly referred to as 'force majeure' and 'hardship.' The author shows that the 'general principles of law' approach addresses this concern most effectively. Generally accepted and understood by the business world at large, this approach encompasses principles of international commercial contracts derived from a variety of legal systems. It's most important 'restatements' are found in the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts (UPICC). Establishing specific standards and "case groups" for the exemptions under review, the analysis treats such recurring elements as the following: contractual risk allocations; unforeseeability of an impediment; impediments beyond the typical sphere of risk and control of the obligor; responsibility for third parties (subcontractors, suppliers); legal impediments (acts of public authority) and effect of mandatory rules; involvement of states or state enterprises; interpretation of force majeure and hardship clauses; hardship threshold test; frustration of purpose; irreconcilable differences; comparison with exemptions under domestic legal systems (impossibility of performance, frustration of contract, impracticability) The book is a major contribution to the development of the use of general principles of law in international commercial arbitration. It may be used as a comprehensive commentary on the force majeure and hardship provisions of the UPICC, as well as on Art. 79 of the CISG. In addition, as an insightful investigation into the fundamental question of the limits of the principle of sanctity of contracts, this book is sure to capture the attention of business lawyers and interested academics everywhere.

Good Faith in European Contract Law

Author : Reinhard Zimmermann
Publisher : Cambridge University Press
ISBN 13 : 9780521771900
Total Pages : 762 pages
Book Rating : 4.7/5 (719 download)

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Book Synopsis Good Faith in European Contract Law by : Reinhard Zimmermann

Download or read book Good Faith in European Contract Law written by Reinhard Zimmermann and published by Cambridge University Press. This book was released on 2000-06-08 with total page 762 pages. Available in PDF, EPUB and Kindle. Book excerpt: For some Western European legal systems the principle of good faith has proved central to the development of their law of contracts, while in others it has been marginalized or even rejected. This book starts by surveying the use or neglect of good faith in these legal systems and explaining its historical origins. The central part of the book takes thirty situations which would, in some legal systems, attract the application of good faith, analyses them according to fifteen national legal systems and assesses the practical significance of both the principle of good faith and its relationship to other contractual and non-contractual doctrines and forms of regulation in each situation. The book concludes by explaining how European lawyers, whether from a civil or common law background, may need to come to terms with the principle of good faith. This was the first completed project of The Common Core of European Private Law launched at the University of Trento.

The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision

Author : Başak Başoğlu
Publisher : Springer
ISBN 13 : 331927256X
Total Pages : 340 pages
Book Rating : 4.3/5 (192 download)

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Book Synopsis The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision by : Başak Başoğlu

Download or read book The Effects of Financial Crises on the Binding Force of Contracts - Renegotiation, Rescission or Revision written by Başak Başoğlu and published by Springer. This book was released on 2016-02-25 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.

Rethinking Reserves in the Swiss Code of Obligations

Author : Yvette Märki
Publisher : buch & netz
ISBN 13 : 3038055085
Total Pages : 201 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Rethinking Reserves in the Swiss Code of Obligations by : Yvette Märki

Download or read book Rethinking Reserves in the Swiss Code of Obligations written by Yvette Märki and published by buch & netz. This book was released on 2022-08-22 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work examines reserves in the recently revised Swiss Code of Obligations, which will enter into force 1 January 2023. The analysis focuses on their creation and dissolution, and distinguishes between reserves formed by the board and reserves formed by the general assembly. By focusing on an instrument in the banking sector, the reserves for general banking risks, this work investigates the general assembly’s possibility to delegate the power to form further reserves to the board of directors based on the articles of the association. This question is analyzed in the context of companies limited by shares, limited liability companies, and cooperatives. Finally, the effects of such a delegation and the consequences in a practical view of going to court are analyzed through the Federal Supreme Court’s judgment in a similar topic of delegation.

Commentaries on European Contract Laws

Author : Nils Jansen
Publisher : Oxford University Press
ISBN 13 : 0192508016
Total Pages : 3650 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Commentaries on European Contract Laws by : Nils Jansen

Download or read book Commentaries on European Contract Laws written by Nils Jansen and published by Oxford University Press. This book was released on 2018-07-13 with total page 3650 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book provides rule-by-rule commentaries on European contract law (general contract law, consumer contract law, the law of sale and related services), dealing with its modern manifestations as well as its historical and comparative foundations. After the collapse of the European Commission's plans to codify European contract law it is timely to reflect on what has been achieved over the past three to four decades, and for an assessment of the current situation. In particular, the production of a bewildering number of reference texts has contributed to a complex picture of European contract laws rather than a European contract law. The present book adopts a broad perspective and an integrative approach. All relevant reference texts (from the CISG to the Draft Common European Sales Law) are critically examined and compared with each other. As far as the acquis commun (ie the traditional private law as laid down in the national codifications) is concerned, the Principles of European Contract Law have been chosen as a point of departure. The rules contained in that document have, however, been complemented with some chapters, sections, and individual provisions drawn from other sources, primarily in order to account for the quickly growing acquis communautaire in the field of consumer contract law. In addition, the book ties the discussion concerning the reference texts back to the pertinent historical and comparative background; and it thus investigates whether, and to what extent, these texts can be taken to be genuinely European in nature, ie to constitute a manifestation of a common core of European contract law. Where this is not the case, the question is asked whether, and for what reasons, they should be seen as points of departure for the further development of European contract law.

Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law

Author : Daniel Kraus
Publisher : Edward Elgar Publishing
ISBN 13 : 1788115139
Total Pages : 384 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law by : Daniel Kraus

Download or read book Blockchains, Smart Contracts, Decentralised Autonomous Organisations and the Law written by Daniel Kraus and published by Edward Elgar Publishing. This book was released on 2019 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growth of Blockchain technology presents a number of legal questions for lawyers, regulators and industry participants alike. Primarily, regulators must allow Blockchain technology to develop whilst also ensuring it is not being abused. This book addresses the challenges posed by various applications of Blockchain technology, such as cryptocurrencies, smart contracts and initial coin offerings, across different fields of law. Contributors explore whether the problems posed by Blockchain and its applications can be addressed within the present legal system or whether significant rethinking is required.

New Features in Contract Law

Author : Reiner Schulze
Publisher : Walter de Gruyter
ISBN 13 : 3866537263
Total Pages : 452 pages
Book Rating : 4.8/5 (665 download)

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Book Synopsis New Features in Contract Law by : Reiner Schulze

Download or read book New Features in Contract Law written by Reiner Schulze and published by Walter de Gruyter. This book was released on 2009-04-27 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic change, globalisation and harmonisation of European Law have brought new challenges to contract law. The contributions in this Volume by prominent legal scholars deal with current trends and perspectives in European and International Contract Law and their impact on the various domestic legal systems. The Compendium provides an analysis of new developments in formation of contract, performance and remedies, consumer contract law and the particularly controversial area of anti-discrimination law. Experts in their field examine the underlying legal principles and problems arising in legal practice in Common Law and Civil Law. The essays written in English, German and French are the product of a series of lectures held in 2006 at the Centre for European Private Law (CEP) at the University of Münster, Germany. The contributing authors are: John Adams, Hugh Beale, Giuditta Cordero-Moss, Barbara Dauner-Lieb, Michele Graziadei, Thomas Gutmann, Geraint Howells, Simon James, Paul Lagarde, Matthias Lehmann, Peter Møgelvang-Hansen, Salvatore Patti, Thomas Pfeiffer, John C. Reitz, Judith Rochfeld, Martin Schmidt-Kessel, Jürgen Schmidt-Räntsch, Alessandro Somma, Stefano Troiano, Christian Twigg-Flesner, Antoni Vaquer Aloy and Fryderyk Zoll.