Commercial Law

6102 sayılı Türk Ticaret Kanunu deniz ticaret sözleşmeleri sistematiğinin vergi hukuku açısından kısaca değerlendirilmesi

by Gizem Gucuyeter

The 'Transplant Effect ' in Harmonization

by TT Arvind

(2010) 59 ICLQ 65
Winner of the ICLQ Young Scholar Prize 2010

This article examines the problem of divergent judicial interpretation of harmonized documents. Drawing on the... more This article examines the problem of divergent judicial interpretation of harmonized documents. Drawing on the experience of harmonization of the law of arbitration, it points out that divergent interpretation runs much deeper than is commonly assumed, and shows strong similarities to the ‘transplant effect’ discussed in the literature on legal transplants. The article examines why the transplant effect shows up in harmonization, and considers its importance for the eventual success or failure of harmonization projects.

UK’s Ratification of the CISG – An Old Debate or a New Hope for the Economy of the UK on Its Way Out of the Recession: The Potential Impact of the CISG on the UK’s SME

by Silvia Nikolova

Expertises et tribunaux de commerce. Procédures et réputation à Livourne au 17ème siècle

by Guillaume Calafat

Published in 'Hypotheses', 2010.

Expertises and commercial courts. Procedure and reputation in Livorno in the 17th century. Expertises and commercial courts. Procedure and reputation in Livorno in the 17th century.

Genel Kurul ile Yönetim Kurulu Arasinda Yetki Dağılımı

by Sinan Sarıkaya

Galatasaray Üniversitesi Hukuk Fakültesi 6.Yarıyıl Ticaret Hukuku Ödevi

Marka Tescilinde Mutlak ve Nispi Red Sebepleri

by Sinan Sarıkaya

Galatasaray Üniversitesi Hukuk Fakültesi 5. Yarıyıl Ticaret Hukuku Ödevi

História e natureza jurídica da recuperação judicial

by Bruno Haack-Vilar

The first part of this article presents a history of the Brazilian recuperação judicial - an institute similar to the... more The first part of this article presents a history of the Brazilian recuperação judicial - an institute similar to the chapter 11 bankruptcy in the US - since roman law. Although the creation of the recuperação judicial in 2005 seemed like a revolution compared to the concordata that existed before it, it is much more like a return to what existed before. The second part deals with the problem of the legal nature - contractual or procedural - of the recuperação judicial. Although it has traditionally been viewed as a contract, we conclude that this vision no longer holds due to changes in the brazilian procedure law.

Standing on the Shoulders of Galbraith: From Managed Markets to Corporate-Guided Markets

by Brendan Sheehan

Paper Presented to the European Sociological Association Conference in Geneva 7th to 10th September 2011

This paper builds upon the audacious insights of J.K. Galbraith (1972; 1998) with respect to managed markets and the... more This paper builds upon the audacious insights of J.K. Galbraith (1972; 1998) with respect to managed markets and the management of specific demand. The paper begins by dividing the global economy into three identifiable, though inter-connected sub-systems – the systems of scarcity, sufficiency and abundance. The dominant threat to the system of abundance is under-consumption by the people of plenty; the institution of marketing spontaneously emerges to counter this threat (Sheehan, 2010). Next the paper sets out Galbraith’s analysis of managed markets, which is applicable to the system of abundance. Galbraith’s approach marks a distinct break with the idea of the invisible hand; though his analysis has it has some important limitations. Finally, the paper introduces Sheehan’s new concept of corporate-guided markets for branded products. This is the general market form in the system of abundance. The concept of a corporate-guided market seeks to refine and develop Galbraith’s analysis; most importantly it fully incorporates the role played by the institution of marketing. Put another way, the insights contained in this paper are the result of standing on the shoulders of an economic giant – J.K. Galbraith.

Relational Formalism and the Construction of Financial Instruments: A Study in the Jurisprudence of Commercial Law

by Jonathan Yovel

Harmonised Commercial Law Principles in Investor-State International Commercial Arbitrations amongst Euro-Med Partners

by Mary B. Ayad

Mary B. Ayad PhD Candidate. "Harmonised Commercial Law Principles in Investor-State International Commercial Arbitrations amongst Euro-Med Partners" Id-Dritt Law Journal- Maltese Law Student's Society XXI March 17, 2011. (2011).

This article provides a scholarly analysis of the overall international commercial arbitration laws, hereinafter... more This article provides a scholarly analysis of the overall international commercial arbitration laws, hereinafter (‘ICA’) of the MENA region with a specific focus on those of Egypt and the United Arab Emirates. Included is also an analysis of the landmark arbitrations case, Helnan International Hotels A/S and The Arab Republic of Egypt, ICSID Case No. 05/19. Additionally, this article highlights the unique aspects of Islamic or Sharia law in relation to commercial law and ICA. It includes discussions of expropriation, usury and custom in context; as they bear on the substantive questions related to ICA law within an Islamic framework. The almost certain customary usage of ICA for the resolution of commercial disputes is also an occurrence in Malta. This necessitates a harmonised ICA law to ensure that trade and investment contracts are protected in the event of a dispute.

Il controllo giudiziario nelle società a responsabilità limitata

by Nicola Soldati

in Contratto e impresa, 2010, pag. 1317

A seguito dell’entrata in vigore della riforma del diritto societario, con l’emanazione del d.lgs. 17 gennaio 2003, n.... more A seguito dell’entrata in vigore della riforma del diritto societario, con l’emanazione del d.lgs. 17 gennaio 2003, n. 6 e successive modificazioni, una parte considerevole della dottrina ha ritenuto che l’ammissibilità del controllo giudiziario della gestione delle società di capitali ex art. 2409 c.c., prima assolutamente pacifico, fosse da considerare superato nelle società a responsabilità limitata.
L'articolo esamina la posizione di dottrina e giurisprudenza anche alla luce della sentenza della Corte costituzionale 29 dicembre 2005, n. 481 e della sentenza della Corte di Cassazione Cass., 13 gennaio 2010, n. 403.

Distribuzione commerciale e contrattazione. Il problema della qualificazione tra agenzia e concessione di vendita

by Aldo Scarpello

Quality of Goods, Information, and the Death of Contract

by Steve Hedley

The Law of Electronic Commerce and the Internet in the UK and Ireland

by Steve Hedley

Corporate Governance in the New Legal Order

by Joanna Jemielniak

(co-author Wojciech Góralczyk jr). Report on Management, VI Edition: The Best Practices in Management.  Warsaw (September 2001)

Corporate Supervision of a Bank in the Form of a Joint Stock Company

by Joanna Jemielniak

co-author Wojciech Góralczyk. In: “Report on Management, VI Edition: The Best Practices in Management” (vol. Corporate Governance), WSPiZ Publishing House: Warszawa 2001

THE ‘3 IDIOTS’ CONTROVERSY— FOCUSING ON THE CONTRACTUAL LIABILITIES AND MORAL RIGHTS OF THE AUTHOR

by Debadyuti Banerjee

Co-authored with Parth Gokhale, junior at WBNUJS
Published in NUJS Law Review Vol.3, 2010.

The Hindi film ‘3 Idiots’ which released in 2009 has achieved that dubious distinction of having attracted the... more The Hindi film ‘3 Idiots’ which released in 2009 has achieved that dubious distinction of having attracted the attention of legal academia because of the public war of words between the film’s makers on the one hand, and the novelist from whose novel the movie derives considerable inspiration on the other. The genesis of the dispute was in the novelist, Chetan Bhagat’s contention that the Production House, namely Vidhu Vinod Chopra Productions, had adapted the content of his novel to an extent far greater, and in a manner far more direct, than what he had been led to believe by way of the Agreement arrived at between them. Another allegation directed against the Production House was concerning the inadequacy of credits acknowledged to the Author by way of the said Agreement. The paper addresses the above issues under two distinct heads, namely the contractual liabilities and those pertaining to the intellectual property rights. It tries to suggest some remedial steps which could be taken by novelists in similar situations in addition to steps which could be taken by the State to give better protection to such vulnerable parties in the future.