Suchergebnisse

In India, most existing legislation resulted from a "legal transplant" that gradually occurred in colonial times. India is a common law country that follows the colonial pattern of law-making. Most of the legislation owes the British East India Company, including regulation of modern business corporations. This paper aimed to examine the history and formation of corporate legislation in India and its deviation from the legislation of the origin country, England. It pointed out the relevance of local conditions in India that led to a different approach to forming corporate law in India. The local conditions in India prevailed over the process of legal transplant. The social, economic, and political factors played a significant role in forming corporate law in India. To such an extent, India deviated from the English company laws and followed the trajectory of different jurisdictions. Using normative legal research, this paper is structured chronologically and progressively to trace the evolution of Indian corporate law. The central premise of the study is that India has strayed from colonial law and current legislation, and its development shows no evidence of strong dependence on English law and little evidence of following in the footsteps of India's colonial past. The economic liberalization and the SEBI Act 1992 simultaneously led to a new approach in corporate law, heavily under the US. The present Indian corporate law and the statutes revolving around it have departed from the transplanted law. KEYWORDS: Legal Transplant, Corporate Legislation, Company Law.

U suvremenim društvima zapadnoga svijeta svjedočimo masovnom povećanju broja zakona i drugih pravnih akata. To je rezultat činjenice da je suvremeni život sve složeniji i ubrzano se razvija, što se odražava na češćim promjenama zakona nego što je to bilo prije. Ali čini se da u nekim situacijama i pretjerano naglašavanje dinamičkog karaktera prava može rezultirati nerazumno učestalim izmjenama zakona. Takva je (trenutačno) situacija i u Sloveniji, kao tranzicijskoj zemlji, u kojoj su pravna sigurnost i pravna predvidljivost kao dvije važne sastavnice načela vladavine prava do izvjesne mjere ugroženi. Zato smo sada više nego ikada svjesni potrebe da se više pozornosti posveti statičnim komponentama prava. One su uvijek bile dijelom prava i moja je teza u ovome radu da ih je potrebno ponovno naglašavati u dovoljnoj mjeri kako bi se stvorila protuteža nerazumno čestim promjenama u našemu pravu. Ilustrativan primjer iznimno nestabilne pravne discipline u Sloveniji jest pravo društava. Stoga primjena načela stabilitas legis u rješavanju ovog problema od strane Ustavnog suda i na područje prava društava, moglo bi potencijalno biti jedno od primjerenih pravnih sredstava. ; Modern Western societies have witnessed a massive growth of legislation and other legal acts. This stems from the fact that modern life in general is increasingly complex and develops very fast, which is reasonably reflected in more frequent legal changes than were common before. But in certain situations it seems that the dynamic content of law might be exaggerated resulting in unreasonably frequent changes. This is typical of the (present) situation in Slovenia as a transitional country, in which legal certainty including legal predictability as two important components of the rule-of-law principle are to a certain extent jeopardised. Consequently, now more than even we have become aware of the need to put more attention to static components in law. These have ever been part of law, so my claim in this article is that it should be re-emphasized to a necessary extent in order to counterbalance unreasonably frequent changes in our law. A particular example of a very instable legal discipline in Slovenia is corporate law. Thus, the application of the stabilitis-legis principle to this problem by the Constitutional Court, also in the area of corporate law, could potentially be one of the remedies to deal with it.

This study aims to analyze the corporate criminal liability system in Indonesia in a psychological perspective. The object of this research is limited to the Attorney General's Regulations, Supreme Court Regulations, and 18 laws outside the Criminal Code that recognize corporations as the subject of offenses in criminal law. The results of the study found that there is no single rule studied that regulates when a corporation can be held liable for criminal acts committed by the management, the corporation or both. Corporate criminal responsibility theories that develop in theoretical discourse are also not used. This condition will clearly make it difficult for law enforcement officers in handling criminal cases committed by or involving corporations. Even though the Attorney General and Supreme Court Regulations were made to fill weaknesses in corporate regulation in various laws, these two regulations are also inaccurate because they regulate legal norms that should be contained in legal products of law. Also, neither of them regulates the criteria for corporate criminal liability, especially regarding the punishment and the determination of actors in a psychological perspective.

This thesis focus on the Corporate Social Responsibility as a hybrid concept born from discussion on corporations' behaviors and the consequences of its activities on the world stage. The purpose of this thesis is to study the origins of corporate social responsibility and how this concept was introduced in the law. The first part of this study is to identify the substance of CSR. After understanding the concept of CSR, the next objective will be to identify how this content is implemented in the legislation. In order to do that, the approach will be international. On the second part, this thesis starts to focus on how the concept of CSR is implemented in the international standards and norms by international organizations. As this study was born from my experience in Canadian and French law school, this thesis will focus for the third part on how these international standards have been implemented into Canadian and French law. Moreover, this will be illustrated by case law of the Canadian and French Courts. This will be concluded by a reflection on the situation of corporate social responsibility and observations of how CSR have evolved during these years, how case law showed evolution and improvements in the approach of CSR, and what could be the future of CSR. ; February 2021

The article is devoted to the study of the peculiarities of the exercise of corporate rights under the civil law of Ukraine in order to identify their specific characteristics. Through a documentary methodology, close to legal hermeneutics, it was concluded that the participant of a legal entity (company) may have not only corporate rights but also other rights over this legal entity (company). Therefore, it is not enough to say that the rights of a person whose participation is defined in the authorized capital are corporate. It is important that the content of these rights is due to the ownership share (share, number of shares) in the authorized capital of the legal person (company). It was also found that intangible corporate rights must be distinguished from the personal intangible rights of the individual. The concepts of "non-economic rights" and "non-economic personal rights" are not identical. In relation to a person, intangible rights should be divided into two types: non-economic rights that are not closely related to a person (e.g., non-economic corporate rights); intangible rights that are closely related to a person and are inseparable from a person (personal intangible rights).

Mandatory human rights and environmental due diligence legislation such as the new EU's Directive on Corporate Sustainability Due Diligence (CSDDD) have received praise and critique in practice and scholarship. This contribution assesses the regime of administrative enforcement contained in the CSDDD and asks if it meets the standards of effective remedy.