This thesis is concerned with one of the most significant features of the evolution of company law in continental Europe - the emergence of a new management structure. The first part of the thesis contains a historical background to the evolution of company law in the countries where this new structure originated, namely, Germany and France. This background provides the basic framework for the second part of the paper, in which the new management structure is examined. In particular, the main features of the two bodies constituting this structure -the managing board, which manageg the company, and the supervisory board, which in turn supervises management -are discussed in some detail. Following this examination, the role of this new managerial structure in the context of European Community law is traced. The thesis concludes with a short analysis of workers' and employees' rights and their possible participation in the management of the company. / Law, Peter A. Allard School of / Graduate

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Thesis (doctoral)--Universität zu München, 1973. / Includes bibliographical references (p. xiii-xlviii).

Thèse--Paris. / Description based on print version record.

The Senator Lines' case, currently pending before the European Court for Human Rights, reveals a lack of procedural fairness of the European Antitrust enforcement under the terms of the European Convention for Human Rights. But in spite of a well-established concern for Fundamental Rights from the European Community, the later is still not bound by the Convention. / That is why it is critical that the EC accede to the Convention following the example of its branches. Meanwhile, it is necessary to determine whether the Member States could be held responsible for the Community's acts that violate the rights protected by the Convention. That is the question the Court will have to answer in the Senator Lines' case. Nevertheless, the Council Regulation which organises the antitrust enforcement procedure must be reformed in order to ensure an indispensable balance of power.

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In a three point argument, it is asserted that general principles of law can be used to establish liability of corporations for massive violations of human rights. First, there is a lacuna in the law in this subject. Second, the constructivist approach to international relations contends that international norms are obeyed when they are internalized, so, conversely, the assertion is made that domestic law could be used to identify international norms, expanding the usefulness of general principles of law. Thirdly, general principles of law can be identified by comparative law methodology, so using one comparative method, The Common Core of European Private Law, should uncover principles of corporate liability. Lastly, an adaptation of this methodology is then applied to four countries.

Commentaries on the medieval notion of the "conjugal debt" have often emphasized its reciprocal nature, but its inequality becomes apparent when re-embedded into its theological, medical, and legal contexts. By tracing the theology that accompanied 1 Cor 7:3-4 through selected theologians, I will demonstrate that Paul's words did not function in equivalent ways for both spouses. By examining medieval medical understandings of human physiology, I will ask what it means to 'have authority over a body' when the bodies themselves are not equal. Finally, by demonstrating ways in which consent and coercion blurred together in twelfth-century legal debates, I will ask how meaningful it is to grant spouses equal rights to sex when their marriage may have been coerced. The topic will serve as a broader meditation on what it means to 'have authority over a body' and to conceive of marital sexuality as a system of debt.

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No description available.