The Evolution of Legal Business Forms in Europe and the United States

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Release : 2003-01-01
Genre : Law
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Book Rating : 572/5 ( reviews)

The Evolution of Legal Business Forms in Europe and the United States - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook The Evolution of Legal Business Forms in Europe and the United States write by Erik M. Vermeulen. This book was released on 2003-01-01. The Evolution of Legal Business Forms in Europe and the United States available in PDF, EPUB and Kindle. The evolution of partnership forms is stimulated by powerful economic forces that can lead to widespread prosperity and wealth creation for a society. Given the importance of closely held firms in the United States and Europe, The Evolution of Legal Business Forms in Europe and the United States argues that partnership law should trouble itself less with historical and descriptive arguments about the legal rules and structure of the partnership form and focus much more on the new analytical apparatus of the economics of organizational form as well the fundamental economic learning that informs the debates on limited liability, partnership rules regarding management and control, conflict resolution and fiduciary duties. Introducing and extending the best available theories from law and economics, particularly those from the theory of the firm, This book?s analysis demonstrates that the patterns of European partnership law and its recent history are best understood from an economic and comparative law perspective. By examining the economic theories of the firm and the economics of organization choice, The Evolution of Legal Business Forms in Europe and the United States conceives partnership-type business forms as contractual entities. The key feature of the modern partnership form is that partners have significant flexibility and power to limit their liability, transfer all of their rights, and to freely exit the firm. Another key feature of partnership law is the insight that lawmakers should provide the rules and enforcement mechanisms to regulate the important relationships within the partnership. This book applies an efficiency test to determine which sets of default rules are likely to resolve the main problems in partnerships. Having identified partnership law with the economic theory of organization, The Evolution of Legal Business Forms in Europe and the United States then goes to argue that most of partnership law is directed at offering bundles of legal rules for different types of firms. Lawmakers should promote partnership rules that attract investors and can be expected to be efficient if they allow entrepreneurs to freely select the bundle of rules that best match their priorities. In a modern vision of partnership law, lawmakers promote economic welfare through creating non-mandatory rules that allow multiple businesses to switch to a favourable business form without significant costs. Jurisdictions plagued by falling incorporations and low levels of small and medium business activity, should abandon the mandatory and standardized framework and the `lock in? effect that it promotes, and focus on the mechanisms of legal evolution and rules that tend to mimic the market. This innovation work will have ramifications felt across European jurisdictions, and will be debated by a large audience of policymakers and academic lawyers involved in law reform. Moreover, the book will receive serious attention from students of law and economics, as well as practising lawyers involved in resolving complex issues of organizational law. Review (s) ?Vermeulen?s work makes a significant contribution to the dialogue between legal scholars and policy makers from Europe and the United States on the matter of business entity law reform. The volume is ambitious in scope, thoughtful in approach, and accurate in result. It shows a well-read and nuanced view of the recent American partnership law reform debates. He moves with assurance between different systems of law and analysis, and has a confident sense of what his diverse readers need to know to come to the ultimate discussion with a common sense of the issues and alternatives at hand. Vermeulen?s work should serve as a starting point for a robust discussion among scholars and policy makers.?

New Forms of Employment in Europe

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Release : 2016-11-30
Genre : Law
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Book Rating : 410/5 ( reviews)

New Forms of Employment in Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook New Forms of Employment in Europe write by Roger Blanpain. This book was released on 2016-11-30. New Forms of Employment in Europe available in PDF, EPUB and Kindle. The 'full-time job' is no longer an option for many people seeking employment. It has been replaced by an ever-expanding plethora of 'atypical' employment relationships designed by employers to streamline their operations and/or take advantage of information communications technology. Numerous labour law issues arise, demanding urgent attention. How should law and policy best address these challenges? This incomparable and timely book explores this contentious topic in depth, presenting ten penetrating essays on aspects of the topic by leading European authorities followed by reports on new forms of employment in thirty-five European countries Full-scale analysis of new forms of employment, their characteristics, and their effects on working conditions and the labour market includes such issues as the following: - employment relationships with more than one employer; - discontinuous and/or intermittent work; - work based on networking arrangements; - labour pooling; - crowdworking and crowsourcing; - lack of worker representation; - rights for vulnerable migrant workers; - removal of wage and hours threshold; - false self-employment; - non-payment of 'small' amounts (e.g., holiday pay); - portage salarial; - voucher-based work; - ICT-based mobile work; - organizations offering specific administrative services; - need for safety nets for workers; and - existing and potential monitoring and control mechanisms. Relevant EU Directives and national legal frameworks regarding new forms of employment are fully discussed, with an emphasis on recent trends and proposed solutions. This volume raises awareness of the problems generated by new emerging forms of employment and provides some answers and insights, including lessons to be learned from current developments. In particular, the authors' bringing to light of issues that have not been sufficiently addressed so far under European law will be welcomed by labour law practitioners, company legal counsel, human resources professionals, and academics in the field.

Applied Economics, Business and Development

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Release : 2011-07-22
Genre : Computers
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Book Rating : 229/5 ( reviews)

Applied Economics, Business and Development - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Applied Economics, Business and Development write by Qingyuan Zhou. This book was released on 2011-07-22. Applied Economics, Business and Development available in PDF, EPUB and Kindle. This four-volume-set (CCIS 208, 209, 210, 211) constitutes the refereed proceedings of the International Symposium on Applied Economics, Business and Development, ISAEBD 2011, held in Dalian, China, in August 2011. The papers address issues related to Applied Economics, Business and Development and cover various research areas including Economics, Management, Education and its Applications.

Modernization of European Company Law and Corporate Governance

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Release : 2010-01-01
Genre : Law
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Book Rating : 922/5 ( reviews)

Modernization of European Company Law and Corporate Governance - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Modernization of European Company Law and Corporate Governance write by Gert-Jan Vossestein. This book was released on 2010-01-01. Modernization of European Company Law and Corporate Governance available in PDF, EPUB and Kindle. This new book offers a substantial framework for examining the competence or powers of the EC in the field of company law, and the requirements for the lawful exercise of these powers (the principle of subsidiarity and the observance of Article 43 EC in particular). In order to provide a clear understanding of the practical relevance of this framework, the author tests the provisions of specific EC company law instruments for compatibility with the EC Treaty. Although the substantial body of EC company law that has been built up over the years is covered, the focus is on EC company law instruments which have been adopted in implementation of the 2003 Action Plan. The book includes a survey of the various company law instruments (both pre-and post-Action Plan) which together make up EC company law, and discusses the objectives of EC company law policy. --

Business and Human Rights in Europe

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Release : 2018-09-13
Genre : Law
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Book Rating : 25X/5 ( reviews)

Business and Human Rights in Europe - read free eBook in online reader or directly download on the web page. Select files or add your book in reader. Download and read online ebook Business and Human Rights in Europe write by Angelica Bonfanti. This book was released on 2018-09-13. Business and Human Rights in Europe available in PDF, EPUB and Kindle. Transnational business activities are important drivers of growth for developing and the least developed countries. However, they can also negatively impact the enjoyment of human rights. In some cases, multinational enterprises (MNEs) have even been accused of grave human rights abuses in the territory of the states where their subsidiaries operate. Since the parent companies of many MNEs are incorporated under the law of European states, those countries’ domestic law and the European legal framework play a crucial role in establishing how their activities should be conducted – also throughout their supply chains – and which remedies will be available when corporate human rights violations occur. In recent years, the European Union, the Council of Europe and their Member States have been adopting policies and legislation to ensure respect for human rights by businesses and have developed a body of related case law. These legal instruments can be considered the European responses to the challenges posed at international-law level, and they constitute the focus of research of this book. Through its collected chapters – written by scholars and practitioners under the direction of the editor, Angelica Bonfanti – the book identifies the European solutions to the business and human rights international legal issues, provides an overall assessment of their effectiveness, and examines their potential evolution.