Academic literature on the topic 'Protective nullity'
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Journal articles on the topic "Protective nullity"
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Mancaleoni, Anna Maria. "The Obligation on Dutch and Italian Courts to Apply EU Law of Their Own Motion." European Review of Private Law 24, Issue 3/4 (June 1, 2016): 553–78. http://dx.doi.org/10.54648/erpl2016035.
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Abstract: The European Court of Justice (ECJ) case law relating to the power of and the obligation on national courts to assess, of their own motion, the unfairness of contractual terms in consumer contracts under Directive 93/13/EEC has had a remarkable impact on national legal systems by introducing rules which often derogate from ordinary procedural rules and from the principles of judicial restraint and party autonomy. They also derogate from the traditional rules on contractual invalidity. This article, drawing extensively on the work of Arthur Hartkamp, summarizes the relevant legal framework on the EU level and in the Dutch and Italian legal systems and then focuses on two recent and groundbreaking judgments of the Supreme Courts of the Netherlands and Italy in order to assess the impact of the relevant EU law and to compare these judgments. With regard to the ex officio assessment of the unfairness of terms in consumer contracts, the comparison shows that the impact of EU case law has been greater in the Netherlands than in Italy, as the Italian regulation implementing Directive 93/13/EEC, unlike its Dutch counterpart, already provided explicit rules on the ex officio assessment of unfair terms by courts, similar to the rules subsequently established by the ECJ. Furthermore it emerges that the approach adopted in the Netherlands is restrictive with regard to the power of the court to raise ex officio the question of nullity. In Italy, on the contrary, that power is the characteristic unifying all forms of nullity laid down in the legal system, with the caveat that when the nullity is ‘protective’, as in cases of nullity provided by consumer law, the consumer can oppose the nullity (Pannon).
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Graça, Carla Renata, Rosa Maria Cordeiro-Soubhia, Susilene Maria Tonelli-Nardi, Edis Belini Junior, Claudia Regina Bonini-Domingos, Camila Ravazzi Gauch, Elisabeth Martins Da Silva Da Rocha, Vânia Deĺarco Paschoal, João Aris Kouyoumdjian, and Andrea Regina De Souza Baptista. "Is nullity for Glutathione S-transferase genes GSTT1 and GSTM1 protective against leprosy?" Leprosy Review 87, no. 2 (June 1, 2016): 232–38. http://dx.doi.org/10.47276/lr.87.2.232.
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Incardona, Rossella, David Kraft, Caroline Kindler, André Janssen, Katarzyna Michalowska, Annika Schimansky, Horst Zinnen, and Béatrice Jaluzot. "Der Bundesgerichtshof und die Rückforderung von im Rahmen so genannter ‘Schenkkreise’ gezahlter Geldeinlagen." European Review of Private Law 15, Issue 1 (February 1, 2007): 101–56. http://dx.doi.org/10.54648/erpl2007004.
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Abstract: In two identical judgments of the Bundesgerichtshof (German Federal Supreme Court) of 10 November 2005? the claimants were awarded restitution of sums they had paid to the respondents for the purpose of participation in a so-called ‘gift community’. The gift communities were organised like a kind of pyramid. The members at the summit of the ‘receiver community’ received certain sums from the ‘giver community’ below them. Thereupon the ‘receivers’ dropped out of the ‘game’; those previously occupying ‘giver’ positions then took their place. This meant that enough participants then had to be recruited to occupy the ‘giver’ positions below them. Their recruitment was the responsibility of the new members. In knowledge of this system, the claimants joined a ‘giver community’ and paid EUR 1.250 to the defendants, who alongside others constituted the ‘receiver community’. They wanted to remain in the game and later become ‘receivers’ themselves. It was only when this plan backfired that they demanded their money back from the ‘receivers’. The subsequent claims were successful in all three instances. The Bundesgerichtshof allowed a claim of restitution according to § 812, 1st sentence, 1st alternative BGB (Bürgerliches Gesetzbuch ? German Civil Code), as the ‘gift community’ arrangement was void according to § 138 (1) BGB and the EUR 1.250 was thus paid to respondents without legal basis. The central issue in the judgments was the applicability of § 817, 2nd sentence BGB, according to which a claim for restitution is barred where both parties are at fault. The court rejected its applicability and stated that the reason for, and protective purpose of, the sanction of nullity (§ 138 (1) BGB) would in this case exceptionally preclude application of the bar on restitution of § 817, 2nd sentence BGB, as the vast majority of participants – in contrast to the initiating ‘members’, who would (for the most part) realise a guaranteed profit – would not make a profit; rather, they would necessarily lose their ‘contribution’. It is precisely such immoral conduct that § 138 seeks to discourage by the sanction of nullity. This would however be subverted if – irrespective of the nullity of the game – the respondents were allowed to keep the money they had acquired by immoral means. Neither does this restrictive interpretation of § 817, 2nd sentence BGB contradict § 762 (1), 2nd sentence BGB, which precludes restitution of anything paid in the context of a game, as the provision only applies if the claim to restitution is based on the gaming nature of the arrangement. Résumé: Dans deux décisions rendues par la cour suprême allemande au texte identique du 10 Novembre 2005,? les demandeurs requirent le remboursement d’un montant qu’ils avaient versé aux défendeurs dans le but de participer à une ’vente pyramidale’. Comme leur nom l’indique, les ventes pyramidales étaient organisées selon le principe d’une pyramide. Les membres au sommet, les ‘bénéficiaires’, obtinrent du subordonné réseau des investisseurs entrants des sommes déterminées. Les ‘bénéficiaires’ quittaient ensuite le ‘jeu’; ils furent remplacés par ceux qui jusqu’alors étaient ‘en
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Pushkina, Anna V., and Tatyana S. Sayapina. "SOME ASPECTS OF THE PROTECTION OF CIVIL RIGHTS OF REAL ESTATE ASSOCIATIONS." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 37 (2020): 168–85. http://dx.doi.org/10.17223/22253513/37/14.
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Today, consideration of ways to protect the civil rights of various subjects of civil law relations is of particular importance in civilist studies. One of the results of the reform of civil legislation on legal entities in 2014 was the emergence of a new legal form of organization -partnership of property owners. Therefore, it is important to consider in detail the main ways to protect the civil rights of this legal entity. It is not possible to consider all ways of protecting civil rights in one article. In this con-nection, only some of the most common methods of protecting the civil rights of real estate partnerships have been investigated, namely: recognition of the right; restoration of the posi-tion that existed before the violation of the right and suppression of actions that violate the right or threaten to violate it; invalidation of the transaction and application of the consequences of its invalidity, application of the consequences of a void transaction. The method of protection, such as recognition of the right, is often used by real estate as-sociations. And in this method, both an application for recognition of a right to be present and an application for recognition of a right to be absent are possible. The question of the applica-bility of the statute of limitations to this method is a matter of discussion. It seems that in most cases it is possible to apply the statute of limitations to claims for recognition of a right. The general nature of this method was revealed by examining the restoration of the situa-tion that existed before the violation of the right and the prevention of actions that violate the right or threaten to violate it. Usually, when such demands are made, the courts ask to specify them. And only in rare cases where no other protective measures are applied, do the courts allow for the possibility of submitting a direct request to restore the situation that existed be-fore the violation of the right. The third way of protecting the civil rights of property associations was significantly changed in 2013. Thus, the rule of Article 168 of the Civil Code of the Russian Federation on the nullity of a transaction that does not comply with the law has been fundamentally re-formed, unless the law establishes other consequences. Such a transaction is now considered void. The possibility of claims for invalidation of a void transaction has also been established by law. Previously, the courts allowed such claims, but in the doctrine the question of the possibility of such claims was debatable, since the Civil Code of the Russian Federation did not mention them.
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Hinescu, Arcadia. "The Nullity of a Merger under Romanian Law." European Company Law 10, Issue 2 (May 1, 2013): 51–62. http://dx.doi.org/10.54648/eucl2013012.
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In Romania, the legislature took over the European provisions on legal mergers mostly verbally. This has resulted in a sufficient level of legal protection of the rights and interests held by the shareholders of the merging companies. The nullity of a merger has a distinct legal nature, as there are only limited situations in which such nullity may be invoked, and the term during which the nullity can be invoked is also limited.
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Capasso, Antonio. "Antitrust Rules and Competition Violations. The Evolution of Consumer Protection." Journal of the University of Latvia. Law 14 (2021): 183–96. http://dx.doi.org/10.22364/jull.14.11.
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According to the order of the Court of Verona of 01.10.2018, No. 3763, a prohibited agreement pursuant to Art. 2, Law No. 287/1990, can also be harmful to consumer or entrepreneur, who has not taken part in it. In order to recognize an interest in invoking the protection referred to in Art. 33, para. 2, Law No. 287/1990, it is not sufficient to allege the nullity of the agreement itself but it is also necessary to specify the consequence that this failure has produced regarding the right to an effective choice between a plurality of competing products. This paper intends to investigate the institutions of the omnibus guarantee and its consequent nullity for violation of the discipline that governs agreements restricting competition. It also provides an analysis of the remedies and safeguards available to consumers who have remained extraneous to the competitive agreement, and who have entered into a subsequent contract of the latter.
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Stoican, Andreea. "Practical Aspects Regarding the Dissolution of a Company by Declaring the Company Null and Void." Proceedings of the International Conference on Business Excellence 14, no. 1 (July 1, 2020): 1211–16. http://dx.doi.org/10.2478/picbe-2020-0114.
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AbstractLaw no. 31/1990 on companies, in its initial form, developed a more traditional approach of the consequences of the non-compliance with the legal requirements for the establishment of a company. Though, in the mentioned version, the interest of protecting third parties prevailed, with the exclusion of the drastic sanction of nullity. However, the legislator, in time, reached the conclusion that a more modern approached needed to be taken into consideration, which should reach a balance between the need to protect the interests of third parties and the imperative to comply with the law with reference to the conditions that must be met to establish a company. Even so, in this current form of the regulation, a concern still remains, respectively that of trying to save the company, to bring it to fulfill the conditions of legality and, through this, to protect third parties also. But in some cases it is necessary for the company to cease to exist by declaring its nullity. Therefore, the current study aims in presenting and analyzing, from a more practical point of view, the occurrence of the nullity of a company and the consequences of such a measure both for the company itself and also for its partners.
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Sherstoboev, O. N. "Nullity of Administrative Acts: Grounds, Legal Regime, Discretion." Siberian Law Review 18, no. 2 (October 20, 2021): 228–42. http://dx.doi.org/10.19073/2658-7602-2021-18-2-228-242.
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The issues of criteria for the nullity of administrative acts are considered, the ratio of an illegal and invalid act, as well as a null and void act, analyzed, the possibility of administrative discretion in determining an invalid administrative act is analyzed, the role of vague legal concepts when an administrative act is declared invalid is demonstrated. The Author uses a comparative legal method, including the analysis of the practice of Germany, Great Britain, South Africa, Canada, Japan, South Korea, Russia and other countries. Special attention is paid to the laws on administrative procedures adopted in the post-Soviet territory and the influence of the German doctrine on this process. It is concluded that for the continental legal order the most preferable way to formalize the criteria for the invalidity of an administrative act are laws on administrative procedures or their analogs, while in the common law states, legal doctrine and judicial practice are of great importance. At the same time, many countries avoid recognizing acts as null and void, preferring the construction of their voidability. This is related to ensuring the stability of public administration, the predictability of administrative activities, and the protection of legitimate expectations. In any case, the theory of the reality of the administrative act is prevailing, and nullity is rather viewed as an anomaly. Therefore, only acts that are adopted with the most significant violations, which do not allow talking about the fair consequences of their adoption, are considered invalid. The illegality of an act does not automatically entail its nullity. A similar trend can be traced in Russia, although individual norms of law and practice of courts indicate the possible formation of a doctrine of the invalidity of an administrative act in the Russian legal system. Insignificant acts do not give rise to consequences from the moment of their adoption, legally they do not exist, and nothing can generate anything. With this approach, the courts only fix the criterion of invalidity without a dispute about law. Insignificant acts should be distinguished from contested ones, the latter may turn out to be illegal, but for a number of reasons (for example, protection of trust) the fact of their existence is confirmed along with their consequences.
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Krane, Joshua A., and Michael H. Lubetsky. "Reopening the Langelier—Mignault Debate on Unauthorized Transactions Involving a Minor's Property." Revue générale de droit 39, no. 1 (October 20, 2014): 101–25. http://dx.doi.org/10.7202/1026983ar.
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Under section 213 C.C.Q., immovables, enterprises, and important pieces of family property belonging to a minor can only be sold in cases of necessity, and only then with prior authorization from the court or the tutorship council. What is the legal status, therefore, of a contract of sale of a minor's property made by his tutor in violation of this provision? This question inspired a vigorous debate in both France and Quebec throughout the nineteenth century. Mignault "settled'' this debate in 1896 by declaring such a contract to be tainted with relative nullity. Now, over a century later, the law's attitude toward the protection of minors has changed significantly, which makes it appropriate to revisit Mignault's thesis. This paper argues that the sanction of relative nullity is inconsistent with both the text and underlying policy objectives of the section, and that an alternative approach must be adopted.
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Agashev, Dmitry V. "Invalidity of the employment contract and recognition of the employment contract as not valid as a promising way to protect labour rights." Russian Journal of Labour & Law 13 (2023): 245–60. http://dx.doi.org/10.21638/spbu32.2023.117.
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The study is devoted to the substantiation and formulation of proposals for the implementation in Russian labour law of a promising way of protecting individual labour rights — invalidity of the employment contract and the recognition of an employment contract as inactive in court, as well as their ratio. Based on the analysis of the labour legislation of the Russian Federation and other states of the EAEU, an analysis is made of the current state of the normative legal regulation of the issues of the invalidity of an employment contract. It is proposed to fix in the Russian labour legislation the concept, specific grounds for the nullity of an employment contract and its consequences. When considering the provisions of civil legislation on the consequences of the invalidity of disputed transactions, as well as special literature, the author expressed the opinion that the method of protection provided for in paragraph 3 of Article 167 of the Civil Code of the Russian Federation should be considered precisely as a mechanism for the transformation (termination for the future) of the legal relationship that arose from the voidable transaction. It is concluded that the partial extrapolation of this model to the labour law reality will allow to form an original way of protection for the employee and the employer, eliminating the grounds for discussion about the subsidiary application of civil law norms on the conclusion and execution of an employment contract. The main results of the study are the formation of a number of proposals aimed at improving the effectiveness of primarily Russian labour legislation. In particular, a distinction is proposed between the grounds and consequences of the nullity of an employment contract and the recognition of an employment contract as inactive. It is stated that the rights and responsibilities of the parties to the employment relationship, formed before the recognition of the employment contract as inactive, should be considered properly executed. It is also proposed to some of innovations in the Labour Code of the Russian Federation, including a fine (penalty) in favor of a minor employee in cases of violation by the employer of the prohibitions on concluding an employment contract as a preventive measure and one of the consequences of recognizing it as inactive.
Dissertations / Theses on the topic "Protective nullity"
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O’Neill, de la Fuente Cecilia. "Not everything that shines is gold: appearance of law and protection of third parties in good faith." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123850.
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What happens to the third party that, in good faith, acquires rights from a subject whose title is not valid? With few exceptions, the Peruvian Civil Code leaves him unprotected. In this article, the author evaluates the specific solutions contained in the Peruvian Civil Code; analyzes the answers that foreign legislations present; and, finally, proposes a solution to protect the third parties in good faith who acquire rights from an apparent owner.¿Qué ocurre con el tercero que, de buena fe, adquiere derechos de un sujeto cuyo título es inválido? Salvo algunas excepciones, el Código Civil peruano lo deja desprotegido. En este artículo, la autora evalúa las soluciones específicas que contiene el Código Civil peruano; analiza las respuestas que presentan legislaciones extranjeras; y, finalmente, propone una solución para dar protección a los terceros de buena fe que adquieren derechos de un titular aparente.
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Boureima, Soumana Saadatou. "La protection des droits des créanciers dans les opérations de restructuration des sociétés." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0371/document.
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De nos jours, la restructuration est une réalité incontournable qui contribue audéveloppement et à la compétitivité des sociétés in bonis. En général, elle résulte d’une décisionprise par les dirigeants sociaux. Toutefois, sa réalisation peut contrevenir à l’exécution des droits descréanciers antérieurs des sociétés concernées par l’opération. Pour préserver leurs droits, cescréanciers disposent de nombreuses mesures de protection issues aussi bien du droit commun quedu droit spécial. L’identification du fondement de cette protection, à savoir la force obligatoire desengagements pris avant la restructuration de la société débitrice, permet de vérifier l’efficacité decette protectionRestructuring is a reality that contributes to the development and competitiveness ofcompanies in bonuses. It usually results from a decision taken by the companies executives. Itsimplementation, however, may undermine the enforcement of former creditors’ rights by thecompanies involved in the transaction. To preserve their claims, those creditors have manysafeguards from both the common law and the special law. The identification of the basis of suchprotection, namely the binding commitments made before the restructuring of the debtorcompanies, enable the verification of this protection’s effectiveness
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Douche-Doyette, Nathalie. "La sanction de la violation du droit de la consommation dans les contrats de consommation." Thesis, Université de Lorraine, 2012. http://www.theses.fr/2012LORR0226/document.
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La seconde moitié du XXème siècle a été marquée par l'avènement de la sociétéde consommation et, corrélativement, par l'apparition d'un droit nouveau dont l'objectif est de protéger les consommateurs : le droit de la consommation. Il se définit par sa finalité comme l'ensemble des règles dont l'objet est de protéger les intérêts des consommateurs et s'applique essentiellement dans les contrats de consommation. Aucun régime général de la sanction de la violation des dispositions consuméristes n'a été organisé par le législateur. Les sanctions prévues sont majoritairement des sanctions pénales, les sanctions civiles sont alors celles du droit commun des contrats.A partir du droit positif, l'étude cherche à construire un régime spécial de la sanction, commun à tous les contrats de consommation. L'étude est orientée vers la recherche de sanctions efficaces, qui permettent de renforcer l'effectivité de la règle de droit et la protection des consommateurs. Elle distingue nécessairement l' analyse de l'efficacité de la fonction réparatrice de la sanction, qui est conditionnée par la prise en compte de la situation de la victime du comportement sanctionné, et l'analyse de l'efficacité de la fonction dissuasive de la sanction qui est conditionnée par la prise en compte de la situation de l'auteur du comportement sanctionnéThe second half of the 20th century has been marked by the emergence ofconsumer society and correspondingly by the evolution of a new area of law: consumer law. This field of law can be defined as a body of rules aiming at protecting the interests of consumers and which is essentially applied in the context of consumer contracts. The legislator has not established a general system of sanctions for the violation of consumer law provisions. The sanctions are mostly criminal in nature, while the civil sanctions are those provided for by general contract law.On the basis of the existing rules this thesis aims to establish a specific system ofsanctions common to all consumer contracts. The thesis is governed by the search for adequate sanctions which would increase the effectiveness of the legal rules as well as the effectiveness of the protection of consumers. The effectiveness of the reparative function of the sanctions is analysed separately from the effectiveness of their deterrent function. This distinction is necessary, since the reparative function of sanctions is determined by the situation of the victim of the violation of the rules, whereas the deterrent function of sanctions takes into account the situation of the person responsible for the violation
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Gorigoitía, Abbott Felipe. "La Subsanación de los defectos procesales." Doctoral thesis, Universitat Pompeu Fabra, 2012. http://hdl.handle.net/10803/94488.
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El presente trabajo trata acerca de la subsanación de los defectos procesales en el procedimiento civil español. Se funda en la tesis de la subsanación como el mecanismo prioritario de eliminación de imperfecciones, por sobre la nulidad o la inadmisión, lo que se explica por la clara inspiración antiformalista del sistema procesal vigente y, al menos en lo que respecta a las actuaciones de parte, por el influjo de la tutela judicial efectiva, como garantía procesal de rango constitucional.
La investigación comienza situando histórica y conceptualmente la subsanación, para luego analizarla dentro del contexto de la teoría de la invalidez procesal y concluir estudiando sus aspectos procedimentales más relevantes. Todo lo anterior, con el objetivo de elaborar un estudio sistemático de una institución que ha adquirido gran trascendencia práctica, pero ha gozado de poca atención por parte de la doctrina.This work is about the correction of the procedural defects in the Spanish civil procedure. It is based on the assumption that the correction is a priority mechanism to eliminate imperfections, over the invalidity or rejection, which is explained by the anti-formalist inspiration of the current procedural system and, at least with respect to the actions of part by the influence of effective judicial protection as a constitutional right. The research begins by situating historically and conceptually the correction. Then, it analyzes the correction within the context of the theory of procedural invalidity and concludes by studying its most important procedural aspects. The objective is to develop a systematic study of an institution that has acquired great practical importance, but has enjoyed little attention by the doctrine.
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SARTORIS, CHIARA. "Poteri del giudice e nullità di protezione." Doctoral thesis, 2019. http://hdl.handle.net/2158/1169962.
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Lo studio della nullità di protezione prevista dall'art. 36 cod. cons. offre lo spunto per riflettere sul grado di effettività del rimedio, quando l'invalidità colpisce una clausola essenziale per il rapporto.
A ben vedere, infatti, un sistema di soppressione delle clausole abusive basato sulla semplice nullità parziale necessaria non appare sempre in grado di realizzare efficacemente l'obiettivo di protezione del contraente debole. Ove a essere eliminata sia una clausola essenziale o un gran numero di clausole, il rischio, per il consumatore, è che la nullità si estenda a contagiare l'intero contratto, lasciandolo privo di protezione e obbligandolo, anzi, alle conseguenti restituzioni.
Per questi motivi, il presente lavoro intende indagare quali siano le conseguenze del vuoto contrattuale determinato dall'operare della nullità parziale necessaria, stabilendo di quali poteri disponga il giudice per gestire la lacuna sopravvenuta.
A tal fine, lo studio si concentra sull'analisi dei principali meccanismi di modificazione integrativa o correttiva del contratto, funzionali ad assicurarne la conservazione.
Attraverso l'indagine prospettata, è così possibile cogliere l'attuale stadio di evoluzione del rimedio della nullità di protezione nel nostro ordinamento, nella consapevolezza che, nel delicato rapporto tra sindacato del giudice e autonomia privata, quest'ultima deve concorrere ad assicurare un equo assetto di tutti gli interessi.
The study of protective nullity, provided for art. 36 of the Consumer Code, gives the opportunity to reflect upon the grade of effectiveness of this remedy, when invalidity refers to a core clause of the contract.
Ultimately, a system that voids abusive clauses, as a result of a nullity which is necessary partial, does not seem to achieve the purpose of protecting the weak contractual partner. When it is voided a core clause or a large number of clauses, the consumer risks to see that the nullity extends to all the agreement, remaining without protection and having to face to the consequent contractual drawbacks.
For these reasons, the present research aims to examine the consequences of the contractual lack produced by the protective nullity, providing which are the judicial powers to manage that void.
In connection with this purpose, the study analyzes the main instrument of contractual adjustment, in order to incorporate or correct it, so that it can be preserved.
By means this research, it is possible to highlight the current stage of development of protective nullity in our legal system, in the awareness that, with reference to the complex relationship between judicial powers and contractual freedom, the latter must cooperate to ensure a fair balance among all the interests.
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Torrinha, Maria Francisca de Paula Pinto Fleming. "A tutela dos credores sociais na dissolução da sociedade insolvente : o regime da extinção imediata." Master's thesis, 2020. http://hdl.handle.net/10400.14/33686.
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A presente dissertação propõe-se a apresentar uma solução que defenda os interesses dos credores quando a sociedade comercial, em fuga ao regime da insolvência e por deliberação dos sócios, segue a via da dissolução, efetuando pagamentos a apenas alguns dos credores – in casu, àqueles que poderão ter uma reação mais forte – ao Estado e aos Bancos. Desde logo, importa, para contexto, decifrar e analisar conceitos presentes no ordenamento jurídico português – a dissolução e liquidação da sociedade comercial, a dissolução da sociedade por deliberação dos sócios, o recurso ao procedimento especial de extinção imediata de sociedade, a insolvência, o dever de apresentação à insolvência e as consequências do incumprimento deste dever, a tutela dos credores sociais em diferentes problemáticas da vida jurídica de uma sociedade comercial e, por fim, abordar propriamente a questão da tutela dos credores sociais na dissolução da sociedade insolvente, onde será abordada a nulidade das deliberações sociais e uma pequena referência ao crime de favorecimento de credores, dando, por fim, resposta à problemática suscitada. Com o progresso do presente trabalho, pretende-se alcançar uma solução célere e eficiente para a tutela dos credores sociais que se deparem com esta fuga da sociedade devedora. Assim, centrar-se-á o estudo na tutela dos credores sociais, sem dispensa de contextualizar os restantes conceitos presentes no título.The present dissertation proposes to present a solution that defends the interests of creditors when, in escape from the insolvency regime, the commercial company, by members’ resolutions, follows the path of dissolution, making payments to only some of the creditors – in casu, to those who may have a stronger reaction – to the State and the Banks. Therefore, it is important, for context, to decipher and analyze concepts present in the Portuguese legal system – the dissolution and liquidation of the commercial company, the dissolution of the company by members’ resolution, the special procedure for the immediate extinction of a company, insolvency, the duty to submit to insolvency and the consequences of non-compliance with this duty, the protection of social creditors in different issues of the legal life of a commercial company and, finally, the issue of protection of social creditors in the dissolution of the insolvent commercial company, where it’ll be studied the nullity of social deliberations and a small reference to the crime of favoring creditors, finally giving an answer to the problem raised. With the progress of this work, it is intended to reach a rapid and efficient solution for the protection of social creditors who face this escape from the debtor society. Thus, the study will focus on the protection of social creditors, without discharging the context of the other concepts present in the title.
Books on the topic "Protective nullity"
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Muñoz, Miguel Ruiz. La nulidad parcial del contrato y la defensa de los consumidores. Valladolid: Lex Nova, 1993.
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Certa, Patrick. Widerruf und schwebende Unwirksamkeit nach den Verbraucherschutzgesetzen. Mannheim?: s.n., 2000.
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Sendall, Jane. Family Law 2019. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198837732.001.0001.
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Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.
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Sendall, Jane, and Roiya Hodgson. Family Law 2020. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198855033.001.0001.
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Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book, case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.
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Sendall, Jane. Family Law 2018. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198787716.001.0001.
Full textAbstract:
Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.
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Hodgson, Roiya. Family Law. 12th ed. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198860730.001.0001.
Full textAbstract:
Family Law takes a highly practical, student-centred approach to the essential law and procedure at the heart of family law. Providing a comprehensive guide to the subject, it focuses on relationship breakdown, money and property, children, and domestic abuse. A concise writing style and short chapters ensure focused learning, while chapter summaries and self-test questions help students to consolidate their knowledge and identify areas for further study. Throughout the book, case studies and examples are used, demonstrating how family law applies in practice and helping to prepare students for their future careers. The book also features diagrams and flowcharts throughout, helping to improve understanding of complex processes or areas of difficulty. Topics that are covered include: family law practice and the first interview; public funding; alternative dispute resolution in family law; judicial separation and nullity; divorce; defences to divorce; jurisdiction; procedure for a matrimonial order; the Civil Partnership Act 2004; dissolution of a civil partnership; financial orders following divorce or dissolution; financial orders; pre-marital agreements; procedure for financial orders; variation, collection, and enforcement of financial orders; protecting assets and the family home in financial order proceedings; separation and maintenance agreements; child support; pensions in financial proceedings; and taxation in family law.
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Hendrix, Burke A. Strategies of Justice. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198833543.001.0001.
Full textAbstract:
Political theorists often imagine themselves as political architects, asking what an ideal set of laws or social structures might look like. Yet persistent injustices can endure for decades or even centuries despite such ideal theorizing. In circumstances of this kind, it is essential for political theorists to think carefully about the political choices normatively available to those who directly face persistent injustices and seek to change them. The book focuses on the claims of Aboriginal peoples to better treatment from the United States and Canada. The book investigates two intertwined issues: the kinds of moral permissions that those facing persistent injustice have when they act politically, and the kinds of transformations that political action may bring about in those who undertake it. The book argues for normative permissions to speak untruth to power; to circumvent or nullify existing law; to give primary attention to protecting one’s own community first; and to engage in political experimentation that reshapes future generations. The book argues that, when carefully used, these permissions may help political actors to avoid co-optation and self-delusion. At the same time, divisions of labor between those who grapple most closely with state institutions and those who keep their distance may be necessary to facilitate escape from persistent injustice over the long term.
Book chapters on the topic "Protective nullity"
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Broadwater, Jeff. "Afterword." In Jefferson, Madison, and the Making of the Constitution, 201–10. University of North Carolina Press, 2019. http://dx.doi.org/10.5149/northcarolina/9781469651019.003.0009.
Full textAbstract:
The afterword deals briefly with constitutional issues Jefferson and Madison faced after the Constitution and the Bill of Rights were adopted. These included questions involving the need for Senate approval of the removal of an executive official whose appointment required Senate confirmation; Congress’s authority to charter a national bank, enact a protective tariff, or subsidize internal improvements; the allocation between Congress and the president of power over foreign policy; the constitutionality of the Alien and Sedition Acts; and the president's authority to execute the Louisiana Purchase. The afterword concludes that during the ratification debate, Madison had represented the Constitution as creating a government of limited and carefully enumerated powers, and that he generally honored those representations. Madison, however, advocated states’ rights less aggressively and less consistently than did Jefferson, and unlike Jefferson, was willing to defer to the Supreme Court in resolving conflicts between state and national authority. In fact, after Jeffeson died in 1826, Madison spent much of the rest of his life combating the nullification theory espoused by John C. Calhoun, who claimed a state could lawfully nullity a federal statute.
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Ingeborg, Schwenzer, and Muñoz Edgardo. "Part IV Validity, 15 General Remarks on Validity." In Global Sales and Contract Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198871255.003.0015.
Full textAbstract:
This chapter explores the notion of validity. In the context of the CISG, matters of validity can be understood as those where a contract is considered as void ab initio. Validity is a tool used to serve different policy objectives at different times. Contracts declared as an absolute nullity are mostly for the protection of the legal system as a whole, while relative nullity protects the interests of a party rather than the broader legal system. Additionally, a contract valid only with ratification is essentially void until it receives ratification. The chapter tackles the uniform projects’ approach to validity.
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Würtenberger, Gert, Paul van der Kooij, Bart Kiewiet, and Martin Ekvad. "Proceedings before the Office and Procedural Rules." In European Union Plant Variety Protection, 59–112. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780192898234.003.0004.
Full textAbstract:
This chapter discusses the Basic Regulation and the Proceedings Regulation that contain a diversity of provisions on procedures, which relate to application procedures, objection procedures, or appeal procedures. It describes the Community plant variety rights system that opens the possibility for breeders to apply for Community plant variety rights. It also explains the specific procedure of framework of the Community system, which complies with fundamental principles on legitimate expectations and the right to a fair hearing. This chapter deals with the ancillary procedures relating to variety denominations, the objection procedure, and the procedure on access to documents. It highlights specific procedures to be followed concerning the application for a compulsory licence and requests for nullity and cancellation.
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Davis, Megan. "Chained to the Past: The Psychological Terra Nullius of Australia’s Public Institutions." In Protecting Rights Without a Bill of Rights, 175–95. Routledge, 2017. http://dx.doi.org/10.4324/9781351151245-8.
Full textConference papers on the topic "Protective nullity"
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Timčić, Ana. "SLOBODA UGOVARANjA I NAKNADA ZA USLUGU OBRADE KREDITA U PRAVNOM PROMETU REPUBLIKE SRBIJE." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.229t.
Full textAbstract:
Freedom of contracting assumes the economic and social equity of the contracting parties. Since absolute equality does not exist and most contracts of modern legal transactions are concluded on the basis of the general conditions of business of one of the contracting parties and/or as an adhesion agreement, "intervention" of the legislator is necessary in order to provide adequate legal protection for economically inequitable entities. The above stated aim is most often sought by the legislator to achieve by adopting imperative legal regulations which precisely limit the autonomy of the will of the contracting parties. Accordingly, the author deals with the interpretation of the reaching and meaning of the imperative legal regulations contained in the Law on Obligations, the Banking Law, the Law on the Protection of Financial Services Users and by-laws that limit the freedom to contract a loan processing fee. The subject matter of the analysis in the work was also the nullity of the provision that provides for the collection of a loan processing fee in a percentage of the total amount of the loan, which is containnged in the loan agreements concluded in accordance with the Law on Protection of Financial Services Users.