International audience ; Plus de soixante ans après la publication du célèbre article de Flour aux Études Ripert, l’observation de l’attitude du juge face au formalisme
imposé par le législateur en droit du cautionnement conduit à constater son ambivalence. [...]
International audience ; The violent maritime conflicts between European nations in the 16th century put the question of the status of the seas at the centre of the debate.
The latter is atypical since the seas are part of the undivided property for the use of all - a legal rule that is widely contradicted when it serves the interests [...]
International audience ; The United Kingdom is historically presented as a land of liberty. Nowadays, an analysis of the legislation and its application reveals a very different
reality. The UK and its Government are increasingly criticized for breaches of the rule of law, and in particular, the attacks on fundamental rights and liberties. [...]
In October 2020, ETUC adopted a resolution “on the protection of the rights of nonstandard workers and workers in platform companies including the self-employed)”. ETUC
calls for a European initiative which provides for a presumption of employment relationship where the burden of proof should be borne by the platform companies, who [...]
International audience ; Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to how the legal dimension of prevention
against harm and loss allocation is treated in France. This traditional branch of law not only tackles questions which concern every lawyer, whatever his legal expertise, [...]
International audience ; Governing business compliance with regulations, laws, best practices, contracts, and the like is not an easy task, and so far there are only limited
software products available that help a company to express compliance rules and to analyze its compliance state. [...]
Factoring fulfills an important function globally in financing and accessing credit for businesses, companies and entrepreneurs of all sizes, especially small and medium-sized
businesses. The UNIDROIT Factoring Model Law was prepared within a three-year period as a result of the work initiated by UNIDROIT upon the recommendation of the [...]
En un entorno empresarial global cada vez más complejo, regulado y exigente, el compliance se ha consolidado como un pilar estratégico para garantizar la legalidad, la integridad
y la sostenibilidad de las organizaciones. Este trabajo analiza en profundidad el papel del compliance en el contexto de las empresas multinacionales, abordando su [...]
In this article I am going to argue that despite the fact that (1) there is nothing specific to the form of constitutive rules and (2) that in some broad sense every rule has
a constitutive aspect, there is a substantial difference between what might be called trivially and genuinely constitutive rules, and the difference can be spotted [...]