Commercial Law Commons^™

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

UAEU Law Journal

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, while the …

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

UAEU Law Journal

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

UAEU Law Journal

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 …

The Domains Of Loyalty: Relationships Between Fiduciary Obligation And Intrinsic Motivation, Deborah A. Demott

William & Mary Law Review

Recent scholarly inquiry into fiduciary law predominantly focuses on whether the subject is a coherent field and not a piecemeal assortment of doctrinal detail. This Article looks to the future and to relationships between the formal domain of fiduciary law and other factors that shape conduct. These include intrinsic motivation, markets for professional services, and forces like the operation of reputation. The Article demonstrates that looking across domains, from the legal to the extralegal, casts in sharp relief the reasons why fiduciary law is distinctive. These stem from the specific qualities of relationships to which fiduciary law applies, as well …

The Bill Of Lading On The Blockchain: An Analysis Of Its Compatibility With International Rules On Commercial Transactions, Mark L. Shope

Minnesota Journal of Law, Science & Technology

No abstract provided.

Family Endowment Of Shares In Joint Stock Companies; Legal Jurisprudential Study, Majed Al-Marashdeh

UAEU Law Journal

This study aims to demonstrate the importance of the investment of Family endowment of shares in joint stock companies. This is meant to be done through highlighting two aspects, the importance of this type of investment and the goals that could be achieved serving the purpose it was set for. Towards this end, this study is to show the possibility of investing the family endowment funds in the joint stock companies by setting the doctrinal basis of the family endowment, which shows its doctrinal and legal conditions. It also discusses investing the funds of family endowment in the stocks in …

Trademark Ownership Of The Store Between The Seller For The Buyer: A Comparative Study, Omar Falah Alatine

UAEU Law Journal

This study aims to shed the light on the trademark as one of the moral elements that promote in the commercial store and the extent of the ownership of that mark between the store vendor, who did not mention it during the sale of the trademark, and the purchaser (the new owner), who considered the trademark is an integral part of the sale process, leading the purchaser to use such a trademark. Moreover, the study highlights and addresses the arguments and evidences that support the view of each party in terms of the ownership of the trademark. This article is …

Legal Aspects Of Brand Mortgage: A Comparative Study, Hussein Tawfik Faid Allah, Nasser Khalil Jalal

UAEU Law Journal

This article studies the legal aspects of the brand mortgage from the premise its primary purpose is to serve as a legal tool for the brand owner to obtain finance products necessary for the management and development of the owner’s project. Therefore, it is necessary to amend the laws to permit the brand owner to mortgage his brand with his business as collateral [or independently] in order to achieve the purpose of the mortgage.

If we take into account the special nature of trademarks as immaterial rights and the consequential difficulty of transferring possession to the mortgagee, it does not …

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Towards Enhancing The Shareholder's Right To Control The Management Of The Public Shareholding Company, Ahmad Qasim Farah

UAEU Law Journal

The control of the management and functioning of the Public Shareholding Company is one of the most important rights given to the shareholder, who can exercise this right, individually or collectively, through the Company's General Assembly. To be able to exercise his vital right, the shareholder should be informed of the Company's administrative and financial situation. Hence, the shareholders' information right has been always enhanced by the Comparative legislations through diversifying and expanding its means and scope.

However, by analyzing the provisions of U.A.E Companies Law, it was clear that these provisions are insufficient for the effectiveness of the shareholder's …

The Provisions Of Security Cheque From The Perspective Of Commercial Law, Alaa Al-Nuaimi

UAEU Law Journal

Like other negotiable financial instruments, cheques are subject to commercial legal rules, which protect these bills to ensure trust, simplicity, and fast circulation and transmission. Unlike other bills, the cheque has a criminal protection in addition to its commercial protection. This is the reason behind using cheques as a security bill, although in its origin, it is just a payment instrument not providing any credit to the payee. Moreover, some cheques are used as security cheques with no intention to pay its facial value. Security cheques raise many questions about the applicable legal rules, since it is a negotiable bill …

Protection Of Human Rights At The Commercial Companies Between International Principles And National Laws Of The Sultanate Of Oman, Amel Kamel Abdallah

UAEU Law Journal

declares sources and contents of the obligation of respecting human rights imposed on business enterprises by initiatives of international organizations. Many violations of human rights had committed by Multinational companies, accordingly, international organizations, especially United Nations, tries to draft rules balancing between company’s desire of profit and ethical commitments. The most important rules in that field stated in the framework drafted by the special representative of UN Secretary General on the issue of human rights and transnational corporations and other business enterprises – John Ruggie (Ruggie Report 2008) .The Guiding Principles of Ruggie Report on Business and Human Rights Implements …

The Legal Status Of The Shipper In Light Of The Rotterdam Rules Of 2008, Imad Al-Din Abdel-Hai

UAEU Law Journal

The Rotterdam Rules of 2008 focused on the fundamental goal of creating a balance between the interests of the shippers and the interests of the carriers, after both sides complained about the Hamburg Rules of 1978 and the Treaty of Brussels of 1924 for the reason of the tendencies of each party at the expense of the other. The Rules developed many legal texts under the necessity of development and modernity in transport rules, starting with the change of the concept of the contract of carriage, passing through the documents and electronic data transfer and to determine the responsibility of …

The Contract Interpretation Policy Debate: A Primer, Joshua M. Silverstein

Law Faculty Scholarship

Contract interpretation is one of the most significant areas of commercial law. As a result, there is an extensive academic and judicial debate over the optimal method for construing agreements. Throughout this exchange, scholars and courts have advanced a wide array of conceptual, theoretical, and empirical arguments in support of the two primary schools of interpretation— textualism and contextualism—as well as various hybrid positions. This Essay is intended to serve as a primer on those arguments.

Legal Controls For Credit Rating Agencies Legal Study According To The Uae Legislation, Murad Almawajdeh

UAEU Law Journal

The issuance of Federal Law No. (6) for the year 2010 on the credit information and the decision adopted by the Cabinet Resolution No. (16) for the year 2014 regarding the executive regulations of this law, represents an significant step on reducing the risk of credit. Consequently, this law has required the establishment of particular companies to collect, catalog, preserve and trading of credit information about people, potential borrowers in order to give accurate information and documented financial position about them before making a decision by the banks to finance different financing institutions.

The legislature of the United Arab Emirates …

The Penal Legislative Policy Regarding Fraud In The New Uae Companies Law: A Comparative Study With The French And Kuwaiti Laws, Dr. Hussein Bouaraki

UAEU Law Journal

The crime of inflating in-kind shares and the crime of distributing fake profits is criminalized by an act of fraud and deceit that is encapsulated in a core activity of corporate activities. Due to their importance, UAE and Kuwaiti lawmakers organized these crimes with their respective corporate laws. This crime deals with important matters about the applicability of the crime to the assessment of the rights of contribution. The main issue is the extent to which criminalization is applicable in the light of Article (11) of the Kuwaiti Companies Law, which permits exaggeration if it does not reach 10% according …

The Impact Of Corporate Governance On The Continuity Of Family Businesses In Saudi Arabia, Saad Abdulmohsin Alrowaished

Maurer Theses and Dissertations

In small villages, in cities booming with commerce, in remote fishing communities, and massive marketplaces, in tropical destinations, and in corners of the globe few have ever visited, one is always able to find family businesses. From small wares being sold to neighbors, to huge corporations with billions in assets, families hold and always have held a segment of the global market that cannot be ignored. While family businesses have existed throughout history, legal advice and governance specifically geared toward them, which holds the success of the family business at the center of the laws, has never been a focus …

Implementing An Efficient Insolvency Framework For Micro And Small Firms, Aurelio Gurrea-Martinez

Research Collection Yong Pung How School Of Law

Micro, small and medium-sized enterprises (MSMEs) represent about 90% of businesses and more than 50% of employment worldwide. Despite the economic relevance of MSMEs in most countries around the world, and even more in emerging markets, most insolvency jurisdictions do not address adequately the insolvency of MSMEs. In a recent article, entitled ‘Implementing an Insolvency Framework for Micro and Small Firms’ (International Insolvency Review, forthcoming), I seek to contribute to the existing literature on the insolvency treatment of MSMEs. After analysing the particular problems and features of MSMEs, as well as the insolvency reforms for MSMEs recently implemented in various …

Pricing Drugs Fairly, Govind Persad

William & Mary Law Review

Dissatisfaction with drug prices has prompted a flurry of recent legislation and academic research. But while pharmaceutical policy often regards fair pricing as a goal, the concept of fairness itself frequently goes undefined. Legal scholarship—even work ostensibly focused on fairness—has not defined and defended an account of fair pricing. Recent legislative proposals in the House and Senate have similarly avoided a determinate position on fairness. This Article explains and defends an account of what makes a price for a drug fair (identifying fair price with social value), argues for implementing fair pricing through a price ceiling grounded in social value, …