Made available in DSpace on 2014-06-11T19:29:45Z (GMT). No. of bitstreams: 0 Previous issue date: 2011-09-02Bitstream added on 2014-06-13T18:59:30Z : No. of bitstreams: 1 ferreira_mm_me_fran.pdf: 873576 bytes, checksum: 74000765ba0da4ec94fb9125494cf155 (MD5) / No final do século XIX, com a crise do liberalismo, o Estado passou a interferir na esfera econômica, antes legada à sorte do próprio mercado, inclusive através da criação de empresas estatais. Empresa Estatal é o gênero, do qual fazem parte as espécies empresas públicas, sociedades de economia mista e outras empresas que, não tendo as características da empresas públicas ou sociedades de economia mista, estão submetidas ao controle do Governo. Elas são pessoas jurídicas de direito privado que podem explorar atividade econômica ou prestar determinado serviço público. A recuperação judicial de empresas, inspirada da Reorganization do direito americano, foi introduzida no ordenamento jurídico brasileiro com a Lei nº11.101/2005, com o objetivo de permitir que empresas em situações de crise econômico-financeira possam ser saneadas e continuem em funcionamento, evitando a liquidação definitiva das mesmas. O art. 2º, inciso I, da Lei nº 11.101/2005 exclui as empresas estatais e sociedades de economia mista do seu âmbito de aplicação. Este dispositivo é inconstitucional, pois afronta a previsão do inciso II, do parágrafo 1º do art. 173 da Constituição Federal, que determina que as empresas públicas e sociedades de economia mista que exploram atividade econômica estejam sujeitas ao regime jurídico próprio das empresas privadas, inclusive quanto às obrigações comerciais. Assim, as sociedades de economia mista que exploram atividade econômica em regime de concorrência com a iniciativa privada podem se submeter à sistemática de recuperação de empresas prevista na Lei nº 11.101/2005. Para solucionar as incompatibilidades existentes entre a sistemática da Lei nº 11.101/2005 e as especificidades da sociedade de economia mista, deve ser criada uma lei específica para tratar do assunto / In the late nineteenth century, with the crisis of liberalism, the state began to intervene in the economic sphere, the sort of legacy before the market itself, including through the establishment of state enterprises. State Company is the genus, the species which includes public companies, joint stock companies and other companies, not having the characteristics of public enterprises or joint stock companies, are subject to government control. They are legal entities under private law that can exploit economic activity or provide certain public service. The Reorganization of Companies, inspired by the Reorganization of American law, was introduced into the Brazilian legal system with the Law No. 11.101/2005, in order to allow companies in situations of economic or financial crisis can be reorganized and remain in operation, avoiding the final settlement thereof. Art. 2, paragraph I, of Law No. 11.101/2005 excludes state-owned enterprises and joint stock companies in its scope. This device is unconstitutional because it confronts the forecast section II, paragraph 1 of Art. 173 of the Federal Constitution, which stipulates that public companies and joint stock companies that explore economic activity are subject to special legal regime of private companies, including as to business obligations. Thus, joint stock companies that explore economic activity in competition with the private sector can undergo systematic Corporate Recovery under Law No. 11.101/2005. To resolve the incompatibility between the systematics of Law No. 11.101/2005 and specificities of the society of mixed economy, there should be a specific law to address the issue

Dumping is to unfairly sell goods at a lower price (at foreign market) as compared to their normal value at domestic market of the manufacturing country, thus causing material injury to the local industry of the importing country. Other researchers have explored the global (WTO Agreement) and the European Union’s (EU) Anti-Dumping law mostly with a commercial perspective. At doctoral level EU-China, EU-Japan and EU-Korea trade relations with reference to the application of protective measures have been studied. This dissertation is, however, the very first aimed to examine the application of EU Anti-Dumping law relating to Pakistan. This is a complete health check of EU-Pakistan trade relations with reference to the application of Anti-dumping duties on Pakistan. This study is a combination of doctrinal research and empirical research, whereby it critically evaluates the Commission’s investigation and the judgements of the EU Courts related to Pakistan and thus establish their consistency or inconsistency; it also studies the voting patterns within the Council and the impact of AD duties on Pakistani imports. It is a qualitative exploratory study based upon an inductive approach. Contradictions are found in the calculations of normal value and export price, constructed normal value, the comparison of normal value and export price, the calculation of dumping margin, and the calculation of injury. Suggestions are made as to the extent to which Unions’ anti-dumping rules need to be reviewed to moderate their tilt that unequivocally favours Union manufacturers. Moreover, this dissertation identifies many provisions of the basic regulation, which being too vague offers multiple interpretations, which are thus recommended to be amended. In the empirical part of this research the voting style of EU member states for or against the adoption of AD measures against Pakistan has been studied. Thereafter, the content analysis of stated reasons for specific voting styles reveals that the member states vote on the basis of the findings and conclusions of investigation as done by the Commission, thus trade partner loyalty is not the reason for their voting. Furthermore, application of the ADDs is found to be reason of import decline from Pakistan to the EU.

O presente trabalho apresenta a análise dos estatutos bancários aprovados na década de 1850 no Brasil Império, considerando a trama de negociações entre o governo central e os governos provinciais, bem como a forma de inserção do Brasil na economia mundial do Século XIX, liderada pela hegemonia britânica e por ela influenciada, de modo a identificar a evolução do direito comercial brasileiro com vistas ao desenvolvimento jurídico do tema bancário durante a década proposta. / This essay regards the analysis of Brazilian banks bylaws as approved by the Brazilian Empire during the decade of 1850, taking into account the plot which developed the negotiations between the central government of the Empire and the regional political powers in Brazil, as well as analyzing the insertion of the Brazilian economy in the global market of the nineteenth century, as such market was mainly controlled and biased by the world hegemony established by Great Britain, in order to identify the evolution of Brazilian commercial law in connection with the development of the legal banking system during the proposed decade.

O conhecimento constitui bem jurídico, passível de tutela tanto sob a ótica da criação - por meio dos direitos de propriedade intelectual - quanto sob a ótica da sua utilidade econômica - juntamente com os demais elementos intangíveis do estabelecimento empresarial. Questão amplamente debatida e objeto de controvérsia é a destinação desses bens intangíveis por ocasião do afastamento de um sócio da sociedade empresária. Discute-se se esses bens devem integrar a base de cálculo dos haveres do sócio afastado. Neste trabalho, pretende-se oferecer resposta a essa indagação. Para tanto, analisaremos de que maneira são formadas as dimensões patrimoniais da sociedade - capital social, patrimônio líquido e estabelecimento -, as diversas hipóteses de extinção parcial do vínculo societário, o conteúdo econômico dos elementos intangíveis integrantes do estabelecimento e a natureza jurídica do eventual pagamento por esses bens ao sócio que se desliga da sociedade. / Knowledge is legally protected both as a creation - by means of intellectual property rights - and as na economic asset - jointly with the other intangible components of the goodwill. A highly controversial topic concerning this issue is the treatment given to these intangible assets when a shareholder or partner decides to withdraw from the company. Should such intangible assets be included in the appraisal rights of the withdrawing party? This study aims at attempting to answer this question by analyzing the development of the equity dimensions of a company; the different reasons for a partner and/or shareholder to withdraw; the economic features of intangible assets; and the legal nature of a possible payment made to the withdrawing partner and/or shareholder in consideration of said intangible assets.

LL.M. (International Commercial Law) / Please refer to full text to view abstract

This study analyzes the evolution of the regime governing private international trade law from its inception in the eleventh century through to its modern formulation in the twentieth century. It also seeks to explain its development by focusing on three theories of international relations. The regime is defined in terms of its substantive and procedural dimensions. The nature and strength of the norms governing the substantive dimension (prices, liability for defective goods, allocation of transport costs, insurance, and financial and credit arrangements) and the procedural dimension (locus of regulation, methodology of rule creation, and dispute settlement) are analyzed over three historical phases. These three periods are the medieval period, from the eleventh to the sixteenth centuries, the early modern period, from the seventeenth to the nineteenth centuries, and the modern period in the twentieth century. The regime norms are found to exhibit significant continuity over time, although there has been considerable variation in the rules. The strength of the regime has also varied over the three phases. Three theoretical perspectives (structural realism, functionalism, and sociological analysis) are evaluated for their relative ability to explain the origin, evolution, nature, and strength of the regime. Each perspective is found to offer important insights, but a synthesis of approaches is necessary to capture the complexity and richness of the regime's evolution. Structural realism does not account for the origin of the regime and is of limited assistance in explaining the strength of voluntary standards. It does, however, explain the influence that states' concerns for political/legal autonomy have had on the regime and offers a reasonably good account of the roles that the United States and the United Kingdom have played in the evolution of the regime. Sociological analysis assists in accounting for the origin and nature of the regime, but it does not provide a comprehensive theory of cooperation. Reference to the other approaches is required as a supplement to sociological analysis. Functionalism provides the best explanation of the origin and nature of the regime. However, it is unable to account for variations in the strength of the regime over the three historical periods. Reference to the influence of changing structures of political authority and to the ideas, knowledge, and values of the major commercial actors is necessary as a supplement to functional analysis. / Arts, Faculty of / Political Science, Department of / Graduate

This work is concerned with the comparison of the entrepreneurship in the Czech Republic and in Austria from the legal point of view. The first two chapters deal with the possibilities of carrying out business as a sole trader and the possibilities of establishing various kinds of companies, that may be established according to Czech and Austrian law. The whole work is mainly focused on legal entities. Private bodies are just mentioned in the first two chapters. The following chapters are concerned with the mostly used forms of companies (legal entities) with regard to the rights and duties of the founders and partners participating in a company. Each part is separately concerned with founding or establishing companies and with the rights of the founders respectively of the owners of each legal form of companies. In particular cases, where the companies have to establish bodies, e. g. the board of directors, the tasks and rights of these bodies are mentioned. Last but not least the practice use of the different legal forms of companies is compared. Enclosures shall depict the great variety of possibilities of carrying out business or establishing companies according to Austrian law and show the main differences between the legal entities.

This dissertation presents a legal and regulatory framework of corporate social responsibility (CSR) and the effect it has on social transformation in South Africa. It is premised on Dodds' theory of stakeholder protection which is articulated with greater clarity by Jeff Smith. He states that directors are agents of all stakeholders. In other words, they have the responsibility to ensure that every stakeholder's rights and interests are protected and fulfilled. This, he further explains, should be carried out by means of a balancing exercise between each stakeholder interest in every transaction. The dissertation demonstrates how the private sector can 'effectively' utilise principles of CRS to contribute towards and expedite social transformation. The significance of social transformation rests on it being a constitutional imperative as employed to redress the legacy of Apartheid. Lastly, the dissertation discusses CSR and how it affects social transformation in India and the United Kingdom (UK) with the aim of gleaning comparative insights. The dissertation then makes recommendations that the South African CSR legislation should embody objectives of our broader national interests similar to the Indian approach. In addition, it argues for a fully defined set of directors' duties which promotes compliance with CSR goals similar to the UK approach.

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