Commercial Law Commons^™

Liability Of A Company Towards Others For The Acts Of Its Manager, Dr> Hussein Yousef Ghanayem

Journal Sharia and Law

The mass of problems arising from the acts of company manager’s together with the lack of sufficient rules that govern the subject reflect the importance of our discussion. Modern trends tend to enlarge the company's liability in the field of both contractual and noncontractual sphere. Regarding contractual liability, it is now well established that a company is bound by the acts performed by its manager as long as the following conditions are fulfilled: (a) The manager acts in the name of the company. (b) The manager acts with in the object of the company. (c) The other party ...

د. حسين يوسف غنايم- قانون الشركات التجارية في دولة الإمارات العربية المتحدة دراسة نقدية مقارنة, Dr> Hussein Yousef Ghanayem

Journal Sharia and Law

سنعمد في هذه الدراسة إلى إلقاء الضوء الضوء على قانون الشركات التجارية في دولة الإمارات العربية المتحدة متناولين مزاياه وما يمكن أن يؤخذ عليه وملتزمين نهج البحث المقارن بقوانين الشركات في دول مجلس التعاون الخليجي بصورة رئيسية . وعلى ذلك، فسنخصص المبحث الأول من هذه الدراسة لتناول مزايا القانون بينما نخصص المبحث الثاني للمآخذ آملين أن يشكل ذلك إسشهاماً متواضعا في إثراء القانون وفي التعريف به في مستهل وضعه موضوع التطبيق. والله من وراء القصد.

You're The Problem, Officer: Whether Executive Officers Should Be Subjected To The Same Standards Of Liability As Directors Under Current Corporate Governance Law, Margo Brandenburg

University of Cincinnati Law Review

No abstract provided.

The Legal Protection Of Trade Marks

Journal Sharia and Law

The owner of a trade mark has an exclusive right to use it for marking out his goods or services. Any offence against this right is punishable with imprisonment, fine or both. In addition, the judge may decide the counterfeiting and seizure of goods or instruments used in perpetrating the offence. In fact, offences relating to trade marks may take the form of falsifying a trade mark , falsely applying a trade mark, selling goods or possessing or offering for sale goods falsely marked, falsely representing a t rad e mark registered .... etc. Besides the criminal action, an aggrieved owner of ...

Secured Transactions Law Reform In Japan: Japan Business Credit Project Assessment Of Interviews And Tentative Policy Proposals, Megumi Hara, Kumiko Koens, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

This article summarizes key findings from the Japan Business Credit Project (JBCP), which involved more than 30 semi-structured interviews conducted in Japan from 2016 through 2018. It was inspired by important and previously unexplored questions concerning secured financing of movables (business equipment and inventory) and claims (receivables)—“asset-based lending” or “ABL.” Why is the use of ABL in Japan so limited? What are the principal obstacles and disincentives to the use of ABL in Japan? The interviews were primarily with staff of banks, but also included those of government officials and regulators, academics, and law practitioners. The article proposes reforms ...

Banking Supervision On The Financial Status Of Opening Account Demander, Prof. Faeq Al-Shamaa

Journal Sharia and Law

Opening a banking account has become a widespread phenomenon. Number of people who open accounts has increased over the past few years due to the advantages of this operation. However, on the other hand, there are lots of risks which are indispensably connected with this operation. This study concerns with ability of the bank to supervise financial status of the customers. It firstly deals with legal base of banking supervision on the personal status of the account holders, and legal justifications of this supervision. The study deals as well with the extension of duty of the bank to control personal ...

Conflicts Over Domain Names, Rami Olwan

Journal Sharia and Law

The study explores legal implications posed by the growth of establishing websites and registration of domain names. The researcher introduces his paper by providing readers with a primary introduction to domain names, their definitions, the Domain Name System (DNS), types of domain names either generic; Top level domains (gTLDS) or country code Top Level Domains (ccTLDS), domain names registration procedures and registration authorities (registrars, registry operators). The researcher also compares trademarks and domain names, mention different types of disputes that occur over domain names including cyber squatting, typo squatting, cyber-smearing and reverse domain name hijacking. The paper includes technical and ...

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements ...

Creating Balance: Problems Within Dshea And Suggestions For Reform, Jennifer Akre Hill

Journal of Food Law & Policy

The Dietary Supplement Health and Education Act of 1994 (DSHEA) was signed into law on October 25, 1994. At the signing, President Clinton endorsed the "intense efforts" of manufacturers and legislators to change the "treatment of dietary supplements under regulation and law." Further, the bill was signed with the hope that it would benefit consumers by permitting more access to dietary supplements and more choices for consumer directed healthcare. In support, politicians on both sides of the aisle claimed the DSHEA as a victory for consumer freedom, populist protection, and preventative medicine.

Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks

Journal of Food Law & Policy

This contribution discusses animal traceability, identification and labeling requirements in European Union (EU) law. The requirements are lex specialis to more general requirements in EU food law. The aim is to set out this body of EU law and provide some understanding regarding its background. Along with the article by Margaret Rosso Grossman, it enables the reader to compare the EU system to the United States system.

Animal Identification And Traceability Under The Us National Animal Identification System, Margaret Rosso Grossman

Journal of Food Law & Policy

The identification of animals has a long history in the United States. Since the late nineteenth century, livestock producers have used brands to mark their animals. Ear tags and other marks now identify individual animals or animals from a specific producer, but not all livestock are identified to facilitate traceability.

The Obligations Of The Commercial Mandate Towards The Mandate Between The General Rules And Requirements Of Commercial Dealing, Alaa Al-Nuaimi

Journal Sharia and Law

The commercial mandate is one of the most widespread commercial contracts, that is why most legislations had to regulate it with special rules, making it a well noted commercial contract. Nevertheless the Iraqi legislature had a special method as he considered the commercial mandate as a business, but he did not assign it to certain provisions, which means that it will be subject to the provisions of the general rules.

The commercial life has its characteristics and the commercial mandate has its own characteristics. What suits civil dealing does not necessarily suit the business. Accordingly, the unification of the provisions ...

The Legal Nature Of The Concessions And Investments Contracts Concluded By States In Accordance With B.O.T. System, Tariq Bin Hilal Al-Busaidy

Journal Sharia and Law

Different States conclude contracts for running public utilities or for investing public money. These contracts are known as concession contracts. The introduction of modern legalmethods: the BOT and the BOOT have complicated the arguments as to the legalnature of these contracts: are they classified under administrative contract or are they categorized as private law contracts? The main purpose of this research is to analyze the legalnature of these contracts.

The research concludes and affirms administrative nature of the concession contracts concluded by States in accordance with the BOT system. These contracts require:

A- Administrative authorizations

b- Their procedures are lengthy ...

Electronic Distribution Of Goods And Services: The Impact Of The Internet And Competition Law On Distribution Networks Part I, Shareef Mohammad Ghannam

Journal Sharia and Law

In the past, producers resorted to the method of selling directly to consumers. At that time, the producer was close to the market and was aware of the consumers' needs and requirements. Thereupon, the producers performed the role of both producers and distributors; however, due to the growth of consumers' needs on the one hand, and the progress in production techniques, and the development of transport means and communications on the other hand, producers looked for new, domestic and external markets for their goods and services. This lead to the producers' need of specialists, called distributors, who were given the ...

Electronic Distribution Of Goods And Services: The Impact Of The Internet And Competition Law On Distribution Networks- Section Two, Shareef Mohammad Ghannam

Journal Sharia and Law

Technical regulations are not enough measures to provide lawful protection of goods distribution networks when it comes to electronic distribution. There is a need for other regulations that aim to regulate processes within the network and outside it, i.e. internally and externally. In fact, distribution contracts include a personal consideration. The distributors are chosen according to conditions and standards which aim to represent the network and respond to consumers' needs, so the network works as one entity. The nature of the relationship between the supplier and the distributor dictates that the first party imposes a group of conditions and ...

The Effects Of Trading Companies’ Invalidity, Yousef Abdullah Al-Khadair

Journal Sharia and Law

This research deals with the impact of the invalidity of trade companies, companies’ partners and others, and the rules that must be followed once invalidity has been established. The study is divided into three parts and the first part deals with an introduction, and the second part is divided into three sections on Trading Companies' invalidity aspects and the third part deals with a conclusion. The introduction deals with the importance of the subject, and the first section deals with the effect of the invalidity of the company on the company, partners, and those with dealings with the company. The ...

The Civil Liability Of The Liquidator In The Case Of Compulsory Liquidation Of Public Companies: A Study Of The Jordanian And Emarati Law, Mansour Saraireh

Journal Sharia and Law

This research studies the liquidator’s civil liability in the case of compulsory liquidation of a public limited company and the contracts which were concluded by the company before liquidation.

This study is important since it determines exclusively the cases of the liquidator civil liability as a result of the increased number of liquidations in the international trade system and its reflection on the economy of the developing countries. To fulfill the aims of the study, the research study is divided into three parts: the first part discusses and evaluates the preliminary liquidator’s authority and administration of said liquidation ...

The Application Of The Legal Framework Of The Commercial Shop On Electronic Ones A Comparative Legal Study, Dr. Rasha Hattab, Maha Khasawneh

Journal Sharia and Law

The Internet has recently witnessed widespread usage to the extent that it has become one of the most important commercial distribution channels, and has, therefore, turned to be a phenomenon that cannot be ignored. Statistics show a growing number of Internet users shopping online at both local and international levels. Web sites are classified into two categories: informational, which aim at the exchange of information of different nature (cultural, media, advertisement, legal, administrative, recreational and commercial), and commercial websites which aim at trading across the electronic network. This research is concerned with studying these commercial Internet sites which can be ...

Consent By Registration: The "Back-Door Thief", Nate Arrington

Arkansas Law Review

Consider this personal jurisdiction quandary: A growing Arizona company wants to start expanding into other states. The company is incorporated in Delaware and has its principal place of business in Arizona. It decides to make the leap and begins registering to do business in a few surrounding states, including New Mexico. The registration seems straightforward and does not mention anything about jurisdiction. After the registration, but before conducting any business in New Mexico, a Kentucky resident decides to sue the Arizona-based corporation. The suit is based on an alleged tort occurring in Utah, and the plaintiff files the lawsuit in ...

The Legal Classification For Transfer Of Securities Ownership In The Stock Exchange, Hussein Tawfiq Faidhallah, Dr. Hiwa Ibrahim Qader

Journal Sharia and Law

The process of securities trading is, in fact, a process of sale and purchase of these securities. These papers, regarded as identical movables, can replace each other if they are of the same type, version, and currency. This is quite common in securities. Regardless of the consideration of the security from identical or valuable movables, the majority of comparative regulations governing the trading of securities on exchanges, including the Iraqi law, have required that the securities be designated and deposited with the market. It is also required from each of the converter and the transferee to hold an investor number ...