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International Journal of Private Law最新文献

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Hostile takeovers in China: comparative corporate governance and institutional changes 中国的敌意收购:比较公司治理和制度变迁
International Journal of Private Law Pub Date : 2013-10-01 DOI: 10.1504/IJPL.2013.056804
Lin Zhang
{"title":"Hostile takeovers in China: comparative corporate governance and institutional changes","authors":"Lin Zhang","doi":"10.1504/IJPL.2013.056804","DOIUrl":"https://doi.org/10.1504/IJPL.2013.056804","url":null,"abstract":"Hostile takeovers are yet to be a common practice for Chinese listed companies. As empirical evidence shows, the existence of hostile takeovers, which is an external governance mechanism, is vital for the remedy of the inefficient conglomerate strategy of Chinese listed companies. Along with the end of equity-division reform, the media has started to pay attention to the emergence of hostile takeovers in China. Through exploring the changes of ownership concentration of Chinese listed companies, it is concluded that hostile takeovers will be likely to spring up in the not-so-far future in China. However, in order to turn the emergence of hostile takeovers from a possibility to a reality and further to achieve their implications for the corporate governance of Chinese listed companies, Chinese legislators must impose limitations on the application of pre-tender-offer anti-takeover measures.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"11 1","pages":"341"},"PeriodicalIF":0.0,"publicationDate":"2013-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88601541","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
White-collar crime lawyers: the case of Transocean in court 白领犯罪律师:越洋公司案在法庭上
International Journal of Private Law Pub Date : 2013-10-01 DOI: 10.1504/IJPL.2013.056807
Petter Gottschalk
{"title":"White-collar crime lawyers: the case of Transocean in court","authors":"Petter Gottschalk","doi":"10.1504/IJPL.2013.056807","DOIUrl":"https://doi.org/10.1504/IJPL.2013.056807","url":null,"abstract":"White-collar criminals are persons of respectability and high social status, who commit financial crime in the course of their occupation. In a national sample of 305 convicted criminals, the average age was 48 years old, and the average sentence was 2.2 years in prison. White-collar crime lawyers defend criminals in court. The case of Transocean is presented in this article, where the company and their prosecuted advisors will probably spend about $10 million on lawyers in the first round in a district court. This emphasises a distinguishing feature of white-collar criminals from street criminals, where white-collar criminals can pay for a knowledgeable defence. Some criminals may have quite famous lawyers, who are well-known for getting their probably guilty clients off. A knowledge level perspective is applied in this paper, where the relative knowledge between defence and prosecution has an influence on how the case is handled and possibly even on the court verdict.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"33 1","pages":"383"},"PeriodicalIF":0.0,"publicationDate":"2013-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87780332","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The way forward to tort recovery of pure economic loss for defective premises in the UK 英国瑕疵房屋纯经济损失侵权赔偿之路
International Journal of Private Law Pub Date : 2013-06-24 DOI: 10.1504/IJPL.2013.054771
Sandy Sabapathy
{"title":"The way forward to tort recovery of pure economic loss for defective premises in the UK","authors":"Sandy Sabapathy","doi":"10.1504/IJPL.2013.054771","DOIUrl":"https://doi.org/10.1504/IJPL.2013.054771","url":null,"abstract":"The current tort law in the UK is averse to the recovery of pure economic loss for defective dwellings for reasons which are unconvincing and unsustainable, especially in relation to a subsequent purchaser of a house which has dangerous structural defects. Thus, a legitimate claimant is deprived of a remedy in tort without valid justifications. This paper aims to evaluate and analyse the relevant legislation namely the Defective Premises Act 1972 (the DPA) and the Latent Damage Act 1986 (the LDA) in the light of the decision of the House of Lords in Murphy v Brentwood DistrictCouncil [1999] 1 AC 398. As a solution, the paper will stress on the need to amend the DPA and the LDA as a positive way forward to change this arena of tort law which is unduly stringent and restrictive.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"1 1","pages":"303"},"PeriodicalIF":0.0,"publicationDate":"2013-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76246889","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Chinese take-aways: what can China learn from the English experience of derivative actions? 中国的收获:中国可以从英国衍生行为的经验中学到什么?
International Journal of Private Law Pub Date : 2013-06-24 DOI: 10.1504/IJPL.2013.054768
Fangyuan Ma
{"title":"Chinese take-aways: what can China learn from the English experience of derivative actions?","authors":"Fangyuan Ma","doi":"10.1504/IJPL.2013.054768","DOIUrl":"https://doi.org/10.1504/IJPL.2013.054768","url":null,"abstract":"This article evaluates the derivative actions in England and China from a comparative perspective. The statutory derivative actions are introduced by the Companies Act 2006 in England to replace the rules at common law; whilst derivative actions are introduced for the first time in China by the Chinese Company Law 2005. It is argued that some pertinent and important lessons can be learnt from the English experience for future law reforms in China, taking into account their distinct constitutional-political, socio-economic, legal and cultural backgrounds. In particular, a more sophisticated set of procedural rules should be established in China to minimise the number of malicious suits and the courts should play a substantially more active role in determining whether derivative actions can proceed. At the same time, the unfair prejudice remedy should also be considered for adoption in future Chinese company law reform.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"26 1","pages":"267-278"},"PeriodicalIF":0.0,"publicationDate":"2013-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72676633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Unconscionability and Performance Bonds 不负责任和履约保证金
International Journal of Private Law Pub Date : 2013-06-24 DOI: 10.1504/IJPL.2013.054769
J. Yap
{"title":"Unconscionability and Performance Bonds","authors":"J. Yap","doi":"10.1504/IJPL.2013.054769","DOIUrl":"https://doi.org/10.1504/IJPL.2013.054769","url":null,"abstract":"This article considers the question of whether, as a matter of legal policy, unconscionability should be adopted by English courts as a ground upon which the court can grant an injunction to restrain a beneficiary of a performance bond from calling on the bond. The May 2012 decision of the Singapore Court of Appeal in BS Mount Sophia Pte Ltd v Join-Aim Pte Ltd [2012] SGCA 28 will be discussed in detail. This decision sheds useful light on the question of whether unconscionability should be adopted by English courts as a ground on which an injunction may be granted to restrain a call on a performance bond. In particular, this article will argue that the fear that excessive uncertainty would arise as a result of the adoption of unconscionability as a ground on which such an injunction can be granted may not be justified. Finally, observations will be made as to the significance of the divergence between Singapore law and English law in this area.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"40 1","pages":"279"},"PeriodicalIF":0.0,"publicationDate":"2013-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88009218","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The applicability of the refund guarantees when the shipyard goes bankrupt 船厂破产时退款保证的适用性
International Journal of Private Law Pub Date : 2013-06-24 DOI: 10.1504/IJPL.2013.054767
A. Goldschmidt
{"title":"The applicability of the refund guarantees when the shipyard goes bankrupt","authors":"A. Goldschmidt","doi":"10.1504/IJPL.2013.054767","DOIUrl":"https://doi.org/10.1504/IJPL.2013.054767","url":null,"abstract":"When major shipbuilding contracts are entered into, a so-called ‘refund guarantee’ issued to the buyer by a bank nominated by the shipyard, by virtue of which the instalments paid in advance are returned, provided that the buyer terminates the shipbuilding contract before delivery of the vessel has taken place. Despite the clear wording of the refund guarantees and the shipbuilding contracts, the applicability of the refund guarantees is in doubt in situations where the contract is terminated due to the shipyard entering into bankruptcy proceedings. This is because the bankrupt estate cannot be expected to agree to the termination of the shipbuilding contract as a matter of course. In this event, the buyer may have to waive the agreed security and accept the bankrupt estate as the contracting party, unless the fulfilment of the shipbuilding contract is specifically identified with the performance of the shipyard in question. With this in mind, it will be assessed in this article whether the work required in order to complete the construction of a vessel may be of an interchangeable nature.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"217 1","pages":"227"},"PeriodicalIF":0.0,"publicationDate":"2013-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85537020","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Telecommunications industry self-regulation: assessing the Telecommunications Industry Ombudsman Scheme in Australia 电讯业自我规管:评估澳洲电讯业申诉专员计划
International Journal of Private Law Pub Date : 2013-06-24 DOI: 10.1504/IJPL.2013.054772
Liam Widdowson, Grace Li
{"title":"Telecommunications industry self-regulation: assessing the Telecommunications Industry Ombudsman Scheme in Australia","authors":"Liam Widdowson, Grace Li","doi":"10.1504/IJPL.2013.054772","DOIUrl":"https://doi.org/10.1504/IJPL.2013.054772","url":null,"abstract":"In Australia, the Telecommunications Industry Ombudsman (TIO) is a private corporation enacted by parliament as the sole alternate dispute resolution mediator between carriage service providers (CSPs) and consumers. The TIO is designed as an office of last resort and relies on attracting, receiving, investigating and escalating complaints as its sole source of funding. Currently, the Telecommunications Act requires all CSPs to become members of the TIO scheme. The research project was undertaken to study the effectiveness of the TIO scheme in 2010–2011. The project results demonstrated universal and significant dissatisfaction with many material aspects of the TIO scheme. Further, the analysis of TIO key performance metrics uncovered patterns that provide some evidence of the issues raised by CSPs in their responses. A comprehensive legal analysis of the unique position of the TIO considered the sources of power the TIO relies upon and offers some insight into perhaps why the scheme operates in the manner it does. In conclusion, a set of recommendations is made to reform the scheme to provide fair, just and economical outcomes for CSPs and consumers.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"16 1","pages":"315"},"PeriodicalIF":0.0,"publicationDate":"2013-06-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86778026","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Legislating general principles of commercial law in China 中国商法一般原则的立法
International Journal of Private Law Pub Date : 2013-04-03 DOI: 10.1504/IJPL.2013.053015
Qiao Liu, X. Ren, Zhenxing Zhang
{"title":"Legislating general principles of commercial law in China","authors":"Qiao Liu, X. Ren, Zhenxing Zhang","doi":"10.1504/IJPL.2013.053015","DOIUrl":"https://doi.org/10.1504/IJPL.2013.053015","url":null,"abstract":"This paper outlines and evaluates the current debate on the propriety and feasibility of enacting a national law in the People’s Republic of China enunciating a body of general principles overarching various commercial legislations. By way of a critical and comparative appraisal of three most pertinent and promising pieces of materials in this regard – the Regulations of Shenzhen Special Economic Zone on Commercial Matters and two scholarly recommendation drafts – it advocates the enactment of such general principles and suggests the salient features and the essential structure of the future code.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"43 1","pages":"206-214"},"PeriodicalIF":0.0,"publicationDate":"2013-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80082176","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Using dispute systems design to identify, explain and predict trends in the settlement of international commercial disputes: the UNCITRAL and ICC ADR initiatives 利用争议制度设计来识别、解释和预测国际商事争议解决的趋势:联合国国际贸易法委员会和国际商会的ADR倡议
International Journal of Private Law Pub Date : 2013-04-03 DOI: 10.1504/IJPL.2013.053012
B. Wolski
{"title":"Using dispute systems design to identify, explain and predict trends in the settlement of international commercial disputes: the UNCITRAL and ICC ADR initiatives","authors":"B. Wolski","doi":"10.1504/IJPL.2013.053012","DOIUrl":"https://doi.org/10.1504/IJPL.2013.053012","url":null,"abstract":"This paper identifies some recent trends in international commercial dispute resolution including efforts to make transnational litigation more attractive, the sense of crisis said to pervade the arbitration community and the growing interest in the use of mediation as an alternative to, or as a component of, arbitration. It takes a critical look at the efforts of UNCITRAL and the ICC to support the use of mediation. Using the theory and principles of dispute systems design, it seeks to explain why UNCITRAL’s model law on International Commercial Conciliation and the ICC’s ADR clauses and rules have not had a significant impact and why mediation continues to be underused. The paper examines potential obstacles to increased use of mediation, particularly, the lack of recognition given to agreements to mediate and mediated settlement agreements. It concludes with some observations about the future use of mediation and arbitration in the resolution of international commercial disputes.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"7 1","pages":"47-53"},"PeriodicalIF":0.0,"publicationDate":"2013-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79079265","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Benchmarking of legal systems for global competition 为全球竞争制定法律制度基准
International Journal of Private Law Pub Date : 2013-04-03 DOI: 10.1504/IJPL.2013.053016
W. Hoff
{"title":"Benchmarking of legal systems for global competition","authors":"W. Hoff","doi":"10.1504/IJPL.2013.053016","DOIUrl":"https://doi.org/10.1504/IJPL.2013.053016","url":null,"abstract":"This article seeks to establish general criteria for benchmarking of national legal systems in the context of their ability to attract investment. It takes into account the ‘systemic competitiveness’ of business law, which needs to be distinguished from competitiveness of specific provisions of substantive law such as the level of taxation with a particular tax.","PeriodicalId":39023,"journal":{"name":"International Journal of Private Law","volume":"35 1","pages":"215"},"PeriodicalIF":0.0,"publicationDate":"2013-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78872099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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