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Търговскоправни аспекти на учредителния апорт с предмет културни ценности

Author(s): Izabela Petkova / Language(s): Bulgarian Publication Year: 0

The richness of a people’s traditions, its national and conceptual evolution is preserved through the memory of its cultural heritage. To ensure its longevity and endurance in time, however, appropriate safeguarding is required. The profoundness of research predetermines knowledge not only of the classical regulations but also of the regulations that although seemingly not pertinent to the matter, underlie the arising of various legal cases. The present article is aimed at summarizing some of the more important internal commercial law aspects of cultural heritage related to company law. More specifically, the various prospects for making an incorporation contribution in kind of objects with the status of cultural values will be discussed.

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EA Order – A Powerful Tool or Just a Piece of Paper?

Author(s): Miloslav Kabrhel / Language(s): English Publication Year: 0

The ICC Rules underwent several changes with their 2012 amendments. One of them are the emergency arbitrator provisions which provide for a whole new type of interim measure – the EA order. As it is a new way of obtaining interim measure, its exact legal status remains unclear, especially with regards to its possible enforcement under the New York Convention or national legislation. Therefore, this paper will firstly address the issue whether the EA order is – as suggested by several authorities – a specific type of contract, or can be considered a judicial decision.

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Pre-contractual Liability and International Commercial Arbitration

Author(s): Tomáš Kozárek / Language(s): English Publication Year: 0

Pre-contractual liability (culpa in contrahendo) is a challenging and demanding institute of law by itself. It is not recognized in every legal order in the world and the construction of it can vary across nations. This situation can become even more complicated, when we start to think about pre-contractual liability in connection to international commercial arbitration. Is it even possible to solve the problem of existence of the pre-contractual liability in arbitration? In case of positive answer, what is subsequently the applicable law? The aim of this paper is to find the answers to these questions with the help of ICC awards database and available literature.

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On Participation and Non-participation of Third Parties in Arbitration under Substantive Law Rules

Author(s): Bartłomiej Panfil / Language(s): English Publication Year: 0

The paper deals with mechanisms well-established in civil litigation which may face the real obstacles in arbitration due to its contractual nature and its implications. Third party joinder and intervention are procedural mechanisms which have very important goals ensuing from substantive law. Thus, their application shall be made with their consequences borne in mind. The author focuses on third parties participation in arbitration in capacities other than parties to it, i.e. side intervenor or similar and presents some remarks on third party notice of arbitration and on substantive law provisions providing an obligation to inform third person about the very fact of a dispute and its resolution.

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Rediscovering Competence – competence in Latvia: International Impact

Author(s): Liene Pierhuroviča / Language(s): English Publication Year: 0

The 28 November 2014 judgment of the Constitutional Court of Latvia has re-defined the notion of competence – competence of arbitral tribunals in Latvia and the division of jurisdiction between state and arbitration courts in disputes regarding the effect of arbitration agreement. The challenge of arbitration agreements at state courts, which until the judgment was virtually impossible, has now been given the green light. This marks an important step ahead towards internationally settled standards for the Latvian legal regulation of arbitration which has continually been criticized for lack of adherence there to.

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Investor´s Nationality as a Condition Ratione Personae in International Investment Arbitration under ICSID Convention

Author(s): Soňa Ondrášiková / Language(s): English Publication Year: 0

This paper focuses on exploring how nationality of an investor (either natural or legal person) plays a crucial role in establishing ratione personae jurisdiction of arbitration tribunal in investment disputes. The paper examines two current challenges in assessing the jurisdiction ratione personae: i) specific cases when an investor (natural person exercising effective control in the investment structure) is holder of nationalities, one of them being a nationality of a host state and ii) the so-called nationality planning, which refers to planning a structure of a legal entity (ownership and shareholder structure) so that the entity can benefit from the most suitable investment protection regime.

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Resolution of Cross-border Disputes between Consumers and Financial Services Providers

Author(s): Katarzyna Górecka / Language(s): English Publication Year: 0

Legal issues of financial services are distinctly unclear for most consumers. Measures that are adopted by the European Union in the area of financial services are not always sufficient to prevent consumers from disputes. Apart from regulating minimum standards of the offered services or providing consumers with protection against unfair terms in financial contracts, there is another challenge. What consumers also need is to ensure effective cross-border alternative dispute resolution. While contracts with providers from another Member State are getting more and more popular because of freedoms of internal market, consumers may still have problems with pursuing their claims in case of dispute. It is possible to overcome this problem due to cross-border initiatives inter alia FIN-NET.

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Online Dispute Resolution and the Latest Development of UNCITRAL Model Law

Author(s): Pavel Loutocký / Language(s): English Publication Year: 0

The influence of modern technologies (especially of the Internet) has been enormous in last two decades. It had crucial impact mainly on the swift growth of cross-border electronic commerce. Traditional judicial mechanisms were unable to offer proportionate solutionto deal with e-commerce disputes. Such situation had opened up an area for Online Dispute Resolution. Online Dispute Resolution rules are however being developed ad hoc recently. The necessity to unify this shattered area was foreseen by the UNCITRAL which had charged Working Group III with creation of the model law.

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Evidence Taking in International Commercial Arbitration: A Clash of Legal Cultures

Author(s): Slavomir Halla / Language(s): English Publication Year: 0

Taking of evidence represents a crucial step in any legal proceeding. Nation allaws on procedure commonly contain a detailed list of rules relating to evidence taking and their evaluation. However, if one considers international commercial arbitration such a list does not exist. Among various reasons, one is simple a different point of origin when the court or tribunal assesses evidence and the scope of its taking.

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Case Law of the National Courts Regarding the “Non-signatories”

Author(s): Miloslav Kabrhel / Language(s): English Publication Year: 0

The notion of “non-signatories” has been recently heavily discussed in the area of international commercial arbitration. The aim of this paperis to analyse selected case law of the national courts regarding this topic and to describe the approach these institutions took to it during the recognition and enforcement proceedings.

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European Public Policy and International Commercial Arbitration

Author(s): Iva Šimková / Language(s): English Publication Year: 0

European public policy could be described as a summary of core values of EU law. It is a legal category derived mostly from case law of the Court of Justice. The exact determination of European public policy still remains an open question. According to CJEU case law European public policy creates a part of national public policies of Member States and needs to be considered while annulling and refusing recognition of arbitral awards.

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The Fragrance of Cyber World 2080: A Perfume Forecast

Author(s): Cienna Geunyoung Kim / Language(s): English Publication Year: 0

With COVID-19 causing people to work in a non-face-to-face mode, more of us have become aware of future forms of workspaces: a contactless workspace. With unprecedented methods of human engagement emerging, the perfume industry faces the need to evolve. This paper predicts the developing needs of next-generation perfume consumers and introduces survival tactics perfume businesses should adopt to catch up with the fast-paced changes. This study includes two surveys on 180 working adults. In these surveys, respondents spoke on their pre-pandemic and post-pandemic habits of using perfume, specifically their frequency of perfume use and preference of fragrance products categorized by fragrance type, scent duration, product form, and price. Results revealed that working in an isolated space has increased the liking for lighter scents, short-lived scents, perfume oils, single-use packaging, and lower price over heavier scents, long-lasting scents, fragrances and colognes, bottle packaging, and higher price. It showed from the study that the increased prevalence of private workspaces drove perfume from being a supplement for better social connections to being an investment for relaxation, satisfaction, and higher self-esteem. This paper includes a prototype - a sample “future perfume” - created based on these findings to propose what a perfume product might look like in a neo-workspace. This paper aims to investigate new consumer demand targeting the perfume industry and contribute to research on industrial adaptation and futurology.

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Studiu teoretic și practic privind procedura insolvenţei persoanei fizice

Author(s): Dumitru Dobrev / Language(s): Romanian Publication Year: 0

This study represents an assessment of Law no. 151/2015 both from a scholarly point of view and especially from the point of view of the recent case-law. Upon analyzing this piece of legislation from a comparative standpoint as well as from the perspective of the specificities pertaining to the Romanian judicial system, we believe that the goal pursued by the legislator would be easier to achieve if an amendment/supplement were made that would aim at fine-tuning certain texts that had caused difficulties in practice.

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Cyfrowy pasażer i usługi Mobility as a Service a prawa pasażera i regulacje prawne aplikacji telemetrycznych na rynku kolejowym

Author(s): Paweł Jochymczyk,Wojciech Wydmański / Language(s): Polish Publication Year: 0

This paper outlines the prospects for change in the passenger transport market for the provision of ICT tools for passenger information and ticket distribution in the context of EU legislation and digital transformation, including the development of the MaaS (Mobility as a Service) concept, as well as discusses the passenger rights and regulation of telemetric applications for passenger transport. The paper addresses future concepts for the development of ICT tools and requirements for the transfer of data between rail market actors.

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REAKCIA TRHU CESTOVNÉHO RUCHU V SLOVENSKEJ REPUBLIKE PO ZAVEDENÍ ZÁKONA O PODPORE CESTOVNÉHO RUCHU V PRAXI

Author(s): Peter Sárinec / Language(s): Slovak Publication Year: 0

The paper is a brief review of the Slovak tourism market from the perspective of the development of legal conditions for tourism to the state and local level, in terms of the impact of regionalization and its effects, which has been implemented into law on promoting tourismNo. 91/2010 Col. Will also be evaluated first and immediate reaction beneficiaries in formulating Destination Management Regions, to which the law on promotion of tourism has created conditions. Let's show the impact of new legislation setting conditions on the financial condition of the Regions for the purpose of tourism, or simply, as our resources for tourism worked or not worked in the industry. Part of the work in the region was also a survey of the views of stakeholders and prospective eligible beneficiaries of State-in the position of the respondents. The survey was focused on the effects and impact of the new law to change the underlying conditions in the development of tourism activities and prospective in the form of public-private partnerships in our regions. Also consider the position of the newly emerging tourism organizations in the country and we will show you the layout of the new territorial comparison of regional destinations in Banská Bystrica Region, which is a major causal relation to established status. We also have a SWOT analysis of the law on the promotion of tourism and its impact on the market, and beneficiaries, and a lot of clue and problematic analysis in a simplified form – the problem – the impact, referred to at the end of the post.

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KRIZE PRÁVNÍ ÚPRAVY CESTOVNÍHO RUCHU

Author(s): René Petráš / Language(s): Czech Publication Year: 0

Legal regulation of tourism has been for past few years coming through vast changes and this instability is often marked as one of the key problems of the field. Regarding the present changes of legal regulation, significant amendments due to the new directive on package tours should be highlighted. It is questionable whether the Czech Republic will be able to comply with time limit requested by the EU – thus passing it until the end of the year with legal force since July 2018. There are also present attempts to connect the fees related to tourism with the act on local fees. The changes also concern related constituent fields such as wine growing with respect to great amendment which came to force on 1 April 2017 or the historic preservation where is even new act created which is, according to critics, worse than the present one from 1987. Still, the discussions about act on support of tourism development, work on which has been lasting for several years now, have not fallen silent yet. Organisation of tourism has always been and up till now still is partly unclear which has negative impact on regional development. Oftentimes, everybody was rather waiting for the act (like in central part of Bohemia) or the measures taken on the regional level were inconsistent, when f. e. the management of destinations was created, then liquidated and now it is restored again.

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ASSESSMENT OF THE SMALL BUSINESS ACT´S IMPLEMENTATION IN SMALL AND MEDIUM ENTERPRISES IN SLOVAKIA

Author(s): Ľubica Lesáková / Language(s): English Publication Year: 0

Implementing Small Business Act for Europe (SBA) represents the key appeal for the European Union and its member countries within the support of small and medium entrepreneurial activity. Small Business Act for Europe consists of a set of ten principles that lay down the measures for the support of small and medium (SME) in varied fields. These principles have to be respected when suggesting the measures of complex character aimed atthe support of small and medium enterprises development in the EU member countries. The aim of the paper is to assess the state in implementing the SBA´s initiative in small and medium enterprises in Slovakia, to identify the policy areas (principles) in which main strengths and weaknesses in implementing the SBA´s initiative is evident and to list specific factors (programmes, measures, initiatives, acts) which affected the state in concrete principles. Following the aim of the paper a set of research questions will be formulated. To fulfil the settled aim several scientific methods of examination, namely the method of analysis, synthesis, induction and deduction will be used.

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Risk Assessment for Power Purchase Agreements as a Tool for Promoting Green Energy

Author(s): Adrian D. Tanţău,Elena Niculescu / Language(s): English Publication Year: 0

In a world where the climate neutrality commitments is increasing and the states are starting to take serious measures regarding the achievement of a zero carbon economy and the stopping of pollution, renewable power purchase agreements can be a very suitable solution for reaching these targets. Although we can see an improvement of the demand of these contracts, the energy market has some gaps, especially from a legislative point of view. The goal of this research is to identify and analyse the risks that may occur in the performance of the PPAs as a tool for promoting green energy. For this research there are used the comparative analysis and survey based on questionnaires completed by different categories such as producers, financial and energy experts, industrial and small consumers. The article reduces the gap regarding the understanding of the associated risks of the PPA, on one side, ans on the other side it tries to find the most suitable way in which these could be divided between the parties in the contract. The results suggest that although there have been made some changes in the legal framework regarding these types of contracts, there is still place for improvement, the lack of confidence in the law being the main factor that leads to the hesitation to enter in such contractual relations non-legislation or insufficient legislation of the PPA representing one of the risks most often assumed by the parties. The implications of the study are at the theoretical level: approaching a little-studied topic in the context of the development of some legal frameworks in order to promote green energy, clarification of some theoretical aspects regarding the assumption of contractual risks.

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Legal Regime of Competition in Audiovisual. Comparative Aspects

Author(s): Ovidiu Horia Maican / Language(s): English Publication Year: 0

The exercise of competition in the audiovisual field is closely linked and cannot be separated from the maintenance and expansion of pluralism in the mass media field. Media pluralism has a crucial role for the democratic process within the community space. The European Union is determined to protect media pluralism to the same extent as the right to information and freedom of expression. As an expression of these realities, the European Commission elaborated in 1984 a Green Paper on the creation of a Common Market in the field of radio and television, and in December 1992 a Green Paper on media pluralism and concentration within the internal market. Reports in this sense were developed by the European Parliament and the Council of Europe. The application of competition legislation in the audiovisual field plays an important role not only in preventing the creation of a dominant position or the abuse of a dominant position, but also in ensuring the access of new competitors (competitors) to the market. Thus, pluralism is ensured, both in the traditional television markets and for the new markets.

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Abusive Clauses and Challenge to Enforcement Proceedings in the View of the Court of Justice of the European Union

Author(s): Cătălin Lungănașu / Language(s): English Publication Year: 0

The present study aims to present the peculiarities of invoking unfair terms in the conditions in which the contract becomes an enforceable title and the consumer acquires the status of a foreclosed debtor. In such a circumstance, different institutions of substantive and procedural law both become incidents, without, however, being a full timing. Moreover, certain inconsistencies are felt throughout the legal context in the light of the case-law of the Court of Justice of the European Union and the principle of the priority application of European law. As a result, without exhausting the subject, the present research analyzes the specifics of the incidental sanction in the case of finding the unfairness of the contract terms both depending on the evolution of the national legislation specific to the challenge to enforcement and through references to the recent judgments of the CJEU.

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