Search results for "Civil Law"
showing 10 items of 64 documents
La responsabilità dirigenziale al cospetto del giudice ordinario
2021
This paper makes a case for the “contractual-publicist” nature of the managers’ liability regime, although this matter lies within the scope of civil courts’ jurisdiction. Even though the law assigns civil courts the role in deciding disputes regarding potential infringement of public managers claims, these should be considered legitimate expectations (public law) and not rights (civil law). Except for the recovery of the executive jurisdiction of the administrative court, if the administration refuses to fulfil the civil judgment and the public manager spontaneously appeals for compliance, rather than (or together with) the civil one of forced execution.
Corporate governance and firm performance: A comparative analysis of auditing problems
2006
The recent financial crises have created a new debate about comparison and convergence of different systems of corporate governance. In particular, they have underlined poor efficiency of rule structures to achieve a good relationship between different stakeholder’s rights. In line with many studies of corporate governance that emphasize the manager-stakeholders relationship as explained by agency theory, in this paper, I analyse the role of auditing as an incentive device to reduce contractual or transaction costs related to asymmetric information.Considering as a benchmark the recent US Sarbanes Oxley Act of July 2002. I describe a set of auditing principles by comparing common and civil …
La tripartición romana del derecho y su influencia en el pensamiento jurídico de la época Moderna
2006
En este trabajo se presenta la concepción tripartita del derecho romano, se analizan sus fuentes y se demuestra su influencia posterior. El texto de referencia es el Corpus Iuris justinianeo, especialmente las Institutiones. La influencia de esta obra en pensadores como Isidoro de Sevilla, Francisco de Vitoria y Francisco Suárez confirman la proyección de la distinción ius naturalis, ius civilis y ius gentium hasta la Edad Media. Su influencia posterior en Grocio o Leibniz supone, sin embargo, su transformación. Ella es sistematizada no por ellos, sino por Kant. A partir de él, el principio general libertad ocupa el lugar del derecho natural, el derecho estatal, el del civil y el derecho in…
Tecniche di regolazione del mercato agro-industriale e diritto comune
2018
The paper deals with the latest measures adopted by the European Union in order to protect the financial interests of the Union’ s budget and to prevent any irregularities or non compliance with obligations committed by beneficiaries of payments: particular reference is made to Reg..1306/2013 and Reg.1308/2013. The paper focuses on measures involving both public and private law. Such as the cross-compliance system based on the principle that the full payment to beneficiaries of some supports under the Cap should be linked to compliance with rules concerning land management , agricultural production and agricultural activity; and the duty to use, in the agrifood chain contracts, formalised w…
A Victim of a Road Traffic Accident Not Fastened by the Seat Belt and the EU Motor Insurance Law: CJEU Judgment in Vítor Hugo Marques Almeida
2013
This case note relates to the recent judgement (23 October 2012) by the Court of Justice of the European Union in the case No C-300/10 concerning interrelation of the European Union motor insurance law and the national civil liability regulation. As the civil liability arising from motor traffic accidents is not approximated by the European Union law, its regulation falls within the national law. Yet, application of the national civil liability law shall not undermine the obligation to provide insurance coverage for victims of road traffic accidents. The discussed case concerns a situation when a victim who was not fastened by a seat belt at the moment of a motor traffic accident was injure…
Blockchain Tokens From the Perspective of German Civil Law: An Updated View
2020
Tokens are increasingly being generated on the basis of blockchain technology, which are intended to embody certain rights and obligations as cryptographically secured electronic coupons or digital coupons or vouchers . This paper provides an overview of the current state of affairs and the legal discussion of recent years and examines the extent to which blockchain tokens can be included under the existing German civil law framework of the BGB (German Civil Code). The key question is how goods can be legally represented ("tokenised") digitally and effectively by tokens instead of in documents. There are several approaches to make tokens marketable. Among them are also those that let the "r…
The barratry of the shipmaster in early modern law: polysemy and mos Italicus
2019
Summary ‘Barratry’ is a polysemic term: it means deceit, bribe, simony, and fraud of the shipmaster. This article seeks to trace the origins of the word and to explore its different meanings, focusing especially on the influence that older meanings had on the development of more recent ones. This operation is of particular importance to understand the meaning of barratry that would appear for last – that of fraud of the shipmaster. By the time civil lawyers started dealing with maritime barratry, they were already well familiar with the other meanings of the term. This probably favoured the adaptation process, but it also left a deep mark on its outcome: the weight of those other meanings o…
Jurisprudence and Culture: Past Lessons and Future Challenges : The 5th International Scientific Conference of the University of Latvia Dedicated to …
2014
This publication presents a collection of research papers in conjunction with the 5 the International Scientific Conference of the Faculty of Law of the University of Latvia “Jurisprudence and Culture: Past Lessons and Future Challenges”. Riga, 10–11 November, 2014. All contributions have been double-blind peer reviewed.