Komparativ ret

This book discusses the intensification of international transport services as the consequence of an increasingly capillary economic integration. In particular, in some European countries, such as Belgium, the Rhine area of Germany, and Denmark, the application of the Geneva Convention on the carriage of goods from the case law point of view is even more thorough than that of national law. Even though this is not the case for all countries, the Geneva Convention is a core text both for the scientific debates on the issue and for commercial operators. Therefore, proposing an up-to-date reading of the Convention is of utmost importance from the practical point of view, especially considering that, thanks to the consistent application of the International Carriage of Goods by Road contract, the Convention has become an essential prerequisite for the development of traffic.In ten chapters, this book reviews the Convention's structure and considers the case-law approaches and trends of most countries belonging to the European Union. It covers contracts and different negotiating models as well as compensation, liability of the carrier, and damages.

This book presents numerous instruments which create postmortal succession on the example of Polish law. Alongside the solution in inheritance law, one may apply specific inheritance (e.g. of agricultural farms) that benefits only such heirs who meet additional requirements, as well as undertake legal acts that allow to decide on heritability (or non-heritability) character of rights and duties (e.g. within the contract of mandate or company contracts). There are also numerous legislative instruments that allow for succession otherwise than by inheritance so that particular persons (and not heirs) benefit after the decedent. Such instruments include regulations of civil law but also e.g. banking law, social insurance law which are often comparable with nonprobate instruments (or willsubstitutes) under American law or German Sonderrechtsnachfolge.

This book studies an overarching question of the challenges faced by Chinese lawmakers, Chinese listed companies, Chinese companies¿ external advisers, and securities regulators in dealing with Chinese cross-border listed companies¿ continuous disclosure in Australia, and how can these challenges be addressed. Chinese listed companies are struggling to meet the continuous disclosure requirements while listing in Australia and have even been depicted as having poor corporate governance and transparency. Many get delisted from the securities market in Australia subsequently due to non-compliance in continuous disclosure or are straight rejected from listing because of continuous disclosure compliance concerns. This book cuts in from this angle and delves deep into the overarching question through the following four sub-questions: What are the theories and policies behind the continuous disclosure regimes in Australia and China and how have they been differently implemented in the securities markets in these two countries? What are the deficiencies, at the intracompany level, contributing to Chinese cross-border listed companies¿ non-compliant continuous disclosure in Australia? What are the limitations, from the perspective of external advisers¿ efforts, contributing to Chinese cross-border listed companies¿ non-compliant continuous disclosure in Australia? What are the difficulties, at the regulatory level, contributing to Chinese cross-border listed companies¿ non-compliant continuous disclosure in Australia? In addressing these questions and putting forward corresponding reform proposals, this book takes not only legal but also historical, cultural, and political-economic factors into consideration.

This book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth.The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights.This book changes the narrative of why we need labour standards. It kicks off with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scope: 1) economic growth; 2) pre-distribution of wealth; 3) a meritocratic allocation of working conditions and equality among workers. Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly.

The definitive text on floating charges by Scotland's leading experts The floating charge is vital to secured transactions in Scotland and plays a key role in access to finance and corporate insolvency. Bringing together leading commentators at the forefront of the topic, this book delivers wide-ranging coverage of the history, theory, practice, and potential reform of the floating charge. It presents diverse approaches, including examining floating charges from 'black letter', socio-legal, law and economics, and comparative perspectives. Key Features: - Covers the history, current law, practice and reform of this important area - Examines floating charges from a wide range of different perspectives, including doctrinal, policy-focused, theoretical and comparative approaches - Contributions from Ross G Anderson, Jennifer L L Gant, George L Gretton, Jonathan Hardman, Alisdair D J MacPherson, Donna McKenzie Skene, Magda Raczynska and Andrew J M Steven - Includes a foreword by Lord Drummond Young Jonathan Hardman is Lecturer in International Commercial Law at the University of Edinburgh Alisdair D J MacPherson is Lecturer in Commercial Law at the University of Aberdeen