European Business Law Review最新文献_第8页

Legislation Comment: Opt-In to Coordination Proceeding According to the Czech Insolvency Law 立法评论：根据捷克破产法选择参与协调程序

European Business Law Review Pub Date : 2021-12-01 DOI: 10.54648/eulr2021041

T. Moravec, Petr Valenta

引用次数: 0

Book Review: Chiara Zilioli and Karl-Philipp Wojcik (Eds.), Judicial Review in the European Banking Union 书评:Chiara Zilioli和Karl-Philipp Wojcik(编)，欧洲银行业联盟的司法审查

European Business Law Review Pub Date : 2021-12-01 DOI: 10.54648/eulr2021042

Urs B. Lendermann

引用次数: 0

Beneficial Ownership Transparency: The Viability of Global Implementation of G20 High-Level Principles 受益所有权透明度:全球实施G20高级别原则的可行性

European Business Law Review Pub Date : 2021-12-01 DOI: 10.54648/eulr2021037

M. Bagheri, Jia Zhou

{"title":"Beneficial Ownership Transparency: The Viability of Global Implementation of G20 High-Level Principles","authors":"M. Bagheri, Jia Zhou","doi":"10.54648/eulr2021037","DOIUrl":"https://doi.org/10.54648/eulr2021037","url":null,"abstract":"The concept of beneficial ownership originally came from dual ownership regime which allows the division of legal and beneficial ownership, serving good economic functions, i.e. protection of family property and personal privacy. However, as dual ownership structures, e.g. trust, have been abused to such an extent that the transparency now outweighs the economic values of dual ownership, at least for most developed economies of the world. The G20 High-Level Principles on Beneficial Ownership Transparency thus came into being, pushing forward an agenda for changing the law globally to make the identities of the beneficial owners transparent, with a broader term of beneficial ownership than its original use in trust law. In this paper, we argue that these Principles, made by and serving the interests of small exclusive group of developed countries, could not be applied universally as the rule-takers, i.e. developing countries, do not share the same concern as the developed world and are unwilling to counter a problem they did not consider as a priority. Under the pressure of robust review mechanisms and name-and-shame strategy deployed by FATF and relevant international financial bodies, the rule-takers are forced to make relevant changes, but the changes will just be artificial and superficial to bypass the Principles prescribed and recommended by the rule makers who are not themselves taking a serious step to implement them. Legal and beneficial ownership, money laundering, transparency, G20, developed and developing economies, divergence of priorities.","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41751168","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

Judicial Interpretation of Commercial Contracts in English and French Law: A Comparative Perspective 英法商事合同的司法解释:比较视角

European Business Law Review Pub Date : 2021-12-01 DOI: 10.54648/eulr2021040

Catherine Pédamon

{"title":"Judicial Interpretation of Commercial Contracts in English and French Law: A Comparative Perspective","authors":"Catherine Pédamon","doi":"10.54648/eulr2021040","DOIUrl":"https://doi.org/10.54648/eulr2021040","url":null,"abstract":"In this paper, I consider whether the recent overhaul of French contract law via ordonnance No 2016-131 of 10 February 2016 has changed the principles of judicial interpretation of commercial contracts, and how these compare with the principles in English law. One of the questions I ask is whether the traditional dichotomy between the French subjective approach and the English objective one has been altered now that the objective principle of interpretation has been incorporated in the Code civil. I explore how both jurisdictions deal with the main aspects of judicial interpretation, such as the nature of the interpretative question and the purpose and scope of contractual interpretation. Similarities emerge that show a rapprochement between these judicial approaches. Naturally, differences persist, which reflect distinct contract law values embedded in each legal order. Even if the ordonnance No 2016-131 has only introduced in appearance small changes to the provisions relating to interpretation, French courts now have the interpretative tools to follow in the footsteps of English courts when interpreting professionally drafted commercial contracts. An emerging coalescence around an objective literal interpretation in a sophisticated business setting is to be welcomed as it enhances commercial certainty across borders.\u0000Contractual interpretation, commercial contracts, principles of interpretation, subjective interpretation, objective interpretation, contextualism, textualism, English contract law, French contract law","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43834938","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

Corporate Governance and Accountability in an Evolving Political Environment 不断变化的政治环境中的公司治理与问责制

European Business Law Review Pub Date : 2021-10-01 DOI: 10.54648/eulr2021029

Klaus R. Ilmonen

引用次数: 1

Private Pensions and EU Internal Market Law: Enhancing Retirement Provision through Harmonisation 私人养老金和欧盟内部市场法:通过协调加强退休保障

European Business Law Review Pub Date : 2021-10-01 DOI: 10.54648/eulr2021030

G. Butler

{"title":"Private Pensions and EU Internal Market Law: Enhancing Retirement Provision through Harmonisation","authors":"G. Butler","doi":"10.54648/eulr2021030","DOIUrl":"https://doi.org/10.54648/eulr2021030","url":null,"abstract":"Pensions, pension policy, and retirement provision has been historically associated with Member States alone. However, this is not so any longer. For years, occupational pension schemes have been brought within the scope of the internal market of the European Union. Extensive judgments from the Court of Justice of the European Union, as well as harmonised legislation from the EU legislature have followed to improve the marketplace for work-related pensions. Today, the market freedoms are now being furthered to cover not just occupational pension schemes, but also, the private pension market. In light of such developments at EU level, including the development of pan-European Personal Pension (PEPP) products, what is evident is a significant shift in the establishment of an EU-wide private pension market, mirroring developments in the United States in what are known as ‘individual retirement accounts’ (IRAs). In light of these EU advances emanating from free movement case law and the PEPP Regulation, with effects for both individual Europeans as future retirees, and financial services undertakings as pension product providers; this article analyses the complementary aspects of both positive and negative integration in the private pension market. The article elaborately demonstrates the significant effect of legal progress, through slow-moving developments, that are collectively contributing to closing the deficit in the retirement provision of Europe’s retirees of the future.\u0000EU internal market law, EU free movement law, pension law, private pensions, national personal pension products, PPP, Pan-European Personal Pension Products, PEPP, retirement, harmonisation","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44757143","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

What to Expect from the Directive on the Protection of Whistle-blowers? 对《举报者保护指令》有何期待？

European Business Law Review Pub Date : 2021-10-01 DOI: 10.54648/eulr2021035

Dimitrios Kafteranis

引用次数: 0

Can Affirmative Action be Allowed in EU Procurement Law? – SMEs to be Positively Discriminated? 欧盟采购法是否允许平权行动?-中小企业应受到正面歧视?

European Business Law Review Pub Date : 2021-10-01 DOI: 10.54648/eulr2021034

Dorthe Kristensen Balshøj

引用次数: 0

Collective Action Problems in Chinese Takeover Rules: Deficiency and Difficulty in Protecting Target Shareholders in a Hybrid Regime 中国并购规则中的集体行动问题：混合制度下保护目标股东的不足与困难

European Business Law Review Pub Date : 2021-10-01 DOI: 10.54648/eulr2021032

W. Shen, Colin Mengshan Xu

{"title":"Collective Action Problems in Chinese Takeover Rules: Deficiency and Difficulty in Protecting Target Shareholders in a Hybrid Regime","authors":"W. Shen, Colin Mengshan Xu","doi":"10.54648/eulr2021032","DOIUrl":"https://doi.org/10.54648/eulr2021032","url":null,"abstract":"China is in a process of upgrading its corporate law and corporate governance regime. The reform involves a learning process of incorporating corporate governance norms from other jurisdictions. In the field of takeover rules, China’s hybrid regime is a combination of some elements from both the US model and the UK model, reflecting China’s pragmatic approach towards rule of law and legislative reform. Though flexible and pragmatic, this transplant approach without taking into account China’s own economic, social and even political scenarios is of little help to address the agency problem embedded in China’s concentrated shareholding model faced by its SOEs and family–controlled enterprises let alone the shareholder protection rules investors are keen to have. A comparative study is conducted in this article to investigate the collective action problems the Chinse takeover rules fail to address.\u0000Autonomy of sport, Private International Law, Public-private Governance, Corruption, Transnational Legal Order, Sports Economy, Legal Status of Sporting Organisations, Audit, Managerial Transparency, Economic Monitoring, International Sporting Convention","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46910360","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

Sports Economy and Fight against Corruption: Which Limits to the Sporting Organisations Autonomy? 体育经济与反腐败：体育组织自主权的界限在哪里？

European Business Law Review Pub Date : 2021-10-01 DOI: 10.54648/eulr2021031

Antonio Di Marco

{"title":"Sports Economy and Fight against Corruption: Which Limits to the Sporting Organisations Autonomy?","authors":"Antonio Di Marco","doi":"10.54648/eulr2021031","DOIUrl":"https://doi.org/10.54648/eulr2021031","url":null,"abstract":"This research studies the impact of the growth of the sports economy on the limitation of the autonomy of sports organisations, taking into account the driving role of the sovereign power of public orders to fight against corruption. It illustrates the idea according to which the economic governance of sport is based on the specific governance of the International Sports Movement and it verifies how and to what extent the public orders are affecting the regulatory autonomy of sport’s transnational legal orders. The study analyses, firstly, the legal status of the sporting organisations, arguing that the fundamental operational and organisational requirements of sporting organisations have international sources and transnational effects. Secondly, it considers the economic competences of sporting organisations, detecting the limits of sport autonomy due to the exercise of economic activities. Thirdly, it points up the international convergences on managerial transparency and some examples of national and international monitoring of economic activities in sporting organisations, delineating the emergence of a specific international legal framework for economic sports governance. The analysis, finally, identifies the limits of the recent developments at international level, exposing the potential role of the European authorities and the legitimate ways to justify the international limitation of the autonomy of sport.\u0000Autonomy of sport, Private International Law, Public-private Governance, Corruption, Transnational Legal Order, Sports Economy, Legal Status of Sporting Organisations, Audit, Managerial Transparency, Economic Monitoring, International Sporting Convention","PeriodicalId":53431,"journal":{"name":"European Business Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48408405","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