欧洲法律的天赋:现状和观点

Jelena Veselinov
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引用次数: 0

摘要

纵观历史,欧洲各国的禀赋虽然内容相同,但在法律上的发展却不尽相同。这一领域各国的国家法律法规对以捐赠精神设立的法人的基本要素、法律地位和功能的规定各不相同。欧盟是一个以人员和资本自由流动为特征的市场,这种想法不可避免地导致了一套非常复杂的规则的出现,这些规则适用于这个联盟的成员国。将捐赠基金纳入单一市场以及以国际有用目标为特征的捐赠基金数量的增加,往往会导致捐赠基金在国界之外的运作中出现难以克服的问题,因为欧盟国家的国家立法不同步,而不考虑创造一个没有任何人员、服务和资本流动障碍的单一空间的总体目标。这是用于检查本文主题的起点-需要规范和解决欧洲捐赠和基金会运作中的情况:通过在欧盟层面制定特殊规则并平衡或协调与这些非营利组织有关的规则。之所以选择研究的主题,是因为该主题在非营利性部门发展欧盟私法的过程中具有重要意义。本文旨在从法律的角度比较分析欧盟成员国国家立法中与捐赠基金会相关的法律规定,并分析建立统一法律规则的建议。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Endowments in European law: Current state and perspectives
Throughout history, endowment, although with the same content, has developed differently in European countries in terms of law. The national legal regulations of the countries in this area define the basic elements, legal status and functioning of legal entities established in the spirit of endowment differently. The idea of the European Union as a market characterized by the free flow of people and capital inevitably led to the emergence of a very complex set of rules that apply to the member states of this union. The inclusion of endowments in the single market and the growing number of those characterized by internationally useful goals often lead to insurmountable problems in the operations of endowments outside national borders due to national legislations of EU countries not being synchronized, regardless of the general aim to create a single space without any barriers to the flow of people, services and capital. This is the starting point used to examine the subject of this paper - the need to regulate and resolve situations in the functioning of endowments and foundations in Europe: by creating special rules at the EU level and equalizing or harmonizing rules relating to these non-profit organizations. The subject of the research was chosen because of the importance of the topic in the process of developing private EU law in the non-profit sector. The aim of this paper is to analyze the legal regulations related to endowments and foundations in the national legislations of the EU member states comparatively in terms of law, but also to analyze the proposals for creating uniform legal rules.
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