Search results for "Law and economics"

Franchisors' disclosure duty: market transparency and franchisee protection

2014

The franchisee is usually the most vulnerable part of the franchise relationship, and should therefore receive greater protection from the legal framework. In this regard, the franchisor's pre-contractual disclosure duty has evolved in its legal status. Whereas its original purpose was to ensure transparency in the market, it now serves to protect the franchisee. In this paper, we compare the franchisor's obligations established by the legal framework in Spain with those set out in the Model Law drawn up by The International Institute for the Unification of Private Law.

The Europeanisation of Spanish Administrative Law through the Principle of Legitimate Expectations

2020

This article describes the Europeanisation of Spanish administrative law as a result of the influence of the EU law general principle of legitimate expectations. It examines, firstly, whether the formal incorporation of the principle of legitimate expectations into national legislation and case law has modified the substance of the latter, and if so, secondly, whether this has led to a weaker or a more robust protection of the legal status quo. To carry out that examination, the article considers the influence of the principle of legitimate expectations in two different areas: in individual administrative decision-making, and in legislative and administrative rulemaking. Our conclusion is t…

Legally protected cultural goods and bankruptcy proceedings

2020

This paper deals with general problems of legal aims of bankruptcy proceedings in connection with the aims of heritage protection – issues built by completely different systems of values. Bankruptcy is designed for protecting pecuniary interest of a limited group of people, while cultural heritage is protected for present and future generations, despite its current commercial significance. In the global environment, bankruptcy of a cultural goods owner usually has a cross-border range but national bankruptcy legislations and laws devoted to heritage protection differ in very serious aspects. For this reason the paper is not limited to any concrete legal order. There are discussed some impor…

Intellectual engagements of accounting academics: The ‘forecasted losses' intervention

2022

This paper explores the social and political potential of accounting scholarship, presenting and discussing an intellectual intervention challenging a legislative reform that significantly affected Spanish industrial relations. In this reform, an accounting artifact (forecasted losses) played an unexpected role and was misrepresented, prompting a sizeable number of scholars to sign two manifestos in 2010 and 2012 against the use of forecasted losses made by the new legislation. As promoters of this manifesto, we perform in this paper a collaborative autoethnography to reflect on the context, events, reactions, and significance of this intervention for both the academic and the industrial re…

Legal questions on financial market abuse

2015

Purpose – The purpose of this study is to underline the impact that globalization of financial markets has on national punishment policies. The US financial crisis has strongly affected consumers’ lives, but the focus of this research is on the national provisions against the illegal and unfair behaviour of economic actors, with special regard to a phenomenon that took place abroad, but whose effects came to light in many different countries. Design/methodology/approach – Different methodological approaches, both deductive and inductive, are combined in the present paper, together with comparative and philosophical insights on national Court decisions and scholar writings. Findings – As Eu…

The Unity of Rational Agency

2005

Implementing Intellectual Property Policies in a Romanian State University

2018

The paper presents a series of contributions on the possibility of implementing intellectual property policies in a Romanian State University. Starting with the worldwide, well-known examples of universities with a tradition in this field of intellectual property protection, the paper presents practical solutions for the implementation of some intellectual property policies taking into account the mentality which currently exists in Romania on this subject. The study is based on the important experience gained by authors in a European research project involving 15 partners from 9 countries, where the results were remarkable. The University must represent a pole of excellence in research, bu…

La primera clase de créditos en el procedimiento concursal de reorganización judicial en Chile: ¿la gran ausente?

2017

The new Chilean bankruptcy law, No. 20,720 (D.O. of January 9, 2014), omitsexpressly referring to the credits of the first class in the judicial reorganizationprocedure of the debtor company. This omission has been understoodby a sector of the doctrine and even by the Superintendence of Insolvencyand Re-entrepreneurship as synonymous with the exclusion of said credits,which therefore would not be “reorganizable”. This work aims to raise and justify the opposite conclusion, with a view to overcomingone of the main obstacles that is currently facing this procedure, in its sphereof practical implementation and in view of its economic viability for the proponentdebtor. The research methods used…

The Implementation of the Directive on Tax Intermediaries in Spain (DAC6)

2019

The paper analyzes with criticism the riks, challenges and doubts that may arise as a result of the implementation of the DAC6 directive, relating to the obligation of tax intermediaries to disclose information on certain tax schemes to the tax administration at the moment of assistance and implementation of the scheme. It reveals the inconsistencies and the potential break of some fundamental freedoms of taxpayers and intermediaries and suggests mechanisms, tips and tools to improve it.

Patriotism and pluralism: identification and compliance in the post-national polity

2009

The paper discusses the identity-building power and motivational force of patriotism. The basic idea underlying the discussion is that far from being a mere irrational and destructive force, patriotism is an expression of ‘existing human social identity.’ Thus, it argues that rather than dismissing patriotism altogether as an undesirable and/or irrational phenomenon, we need to understand how to discriminate between alternative forms of patriotism while investigating what constitutional reforms might be required to support those forms of patriotic identification that are morally desirable. I argue that to flourish, desirable forms of patriotism (what I call Ethical Patriotism) r…