Capturing the Change: Universalising Tendencies in Legal Interpretation Joanna Jemielniak and Przemys aw Mik aszewicz International and supranational integration on the European continent, as well as the harmonisation of the rules of international trade and the accompanying dev- opment and global popularity of the resolution of commercial disputes through arbitration, constantly exerts a considerable in uence on modern legal systems. The sources of each of these phenomena are different, and their action is dissimilar. Each can be described as reaching either from the top to the bottom, through the direct involvement of interested States and consequently affecting their internal legal s- tems (international and supranational integration; harmonisation of trade regulations through public international law instruments), or bottom-up, as a result of activity by private parties, leading to the achievement of uniform practices and standards (ar- tration, lex mercatoria). Nonetheless, they both enrich national legal cultures and contribute to transgressing the limits of national (local) particularisms in creating, interpreting and applying the law. The aim of this book is to demonstrate how these processes have in uenced the interpretation of law, how they have shaped the methods and techniques of the interpretation and with what consequences for the outcomes of the interpretative procedures. In assessing the extent of this in uence, due regard must be paid to the fact that the interpretation of law is not, in principle, directly determined by the provisions of law itself.
Unfair competition law is concerned with fair play in commerce. It is generally regarded as necessary together with antitrust law in order to steer competition along an orderly course, and thereby to contribute to promoting an efficient market system that serves the interests of all participants. Nevertheless the significance of unfair competition law varies from one country to another. Whereas in some countries, such as Germany, it is seen as one of the most effective commercial laws, in other countries, such as the United Kingdom, it leads rather a shadowy existence. From the outset, this discrepancy laid in the differences in national legal s- tems. Whilst those continental European countries that possessed a written civil law when instances of unfair competition emerged, more or less successfully attempted to incorporate them in the existing tort law system, protection in the common law countries was restricted to some narrowly defined torts, in particular passing off . At this stage one of the few shared convictions was, that the protection of honest entrepreneurs was at issue; on this basis, in 1900, the only regulation at the int- bis national level until now was enacted, Art. 10 of the Paris Convention."
The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: * negotiating a detailed written contract; * performing a legal and commercial due diligence on a prospective partner; * resolving disputes through negotiation, arbitration or litigation; * establishing and enforcing trademarks, patents and other intellectual property rights; * investing in China; * considering the joint venture structure; * expanding through a merger or acquisition; * restructuring or liquidating an operation; * designing and implementing effective corporate governance; * retaining, managing and terminating employees; * arranging funds into and out of China; * ensuring both tax efficiency and tax compliance; and * avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide.
In clear, easy-to-grasp language, the author covers many of the topics that you will need to know in order to win your dream job and be the first in line for a promotion.
Providing a detailed discussion of all aspects relating to probate bonds, this handbook is written by a team of highly experienced attorneys and claims professionals. Its twenty chapters examine all topics relevant to the issues that arise in the use of probate bonds, including: Public policy and the requirement for probate bonds Underwriting and issuing probate bonds Types of probate bonds Claimants on a bond, and the conditions or requirements for claims on a bond Statute of limitations on the surety s liability Handling and disposition of fiduciary bond claims Liability issues, including for money principal borrows, the surety s liability for acts before the bond was issued, and for misconduct of co-fiduciaries Attorney neglect and bad acts on the surety Fiduciaries serving estates in multiple capacities The Prudent Investor Rule and exposure of the probate surety Non-estate property obtained under Color of Office Prior judgment against the principal Penal sum issues relating to probate bonds Defenses available to the probate bond surety Recovery and salvage Probate surety and bankruptcy Practical guidance on handling probate bond claims"
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