... simplified public limited company mandatory rules legal insecurity balance La SAS est définie à l’article 851-1 de l’AUDSCGIE comme « une société instituée par un ou plusieurs associés et dont les statuts prévoient librement l’organisation et le fonctionnement de la société sous réserve des règles...

..., the article explores the use of the PICC as a means to supplement or interpret uniform law instruments such as the UN Convention on Contracts for the International Sale of Goods. Unidroit Principles Unidroit Model Clauses CISG international contracts mandatory rules of law Since...

...Burden of proof Admissibility Witnesses Issue and cause of action estoppel Promissory estoppel Scope of the law applicable under the Rome II Regulation Rome I Regulation and choice of law Overriding mandatory rules 7.01 The law of evidence is another area which has long been considered...

...Statutes of limitation Overriding mandatory rules Public policy Rome Convention Rome I Regulation and choice of law Jurisdiction and the English courts Limitations on jurisdiction Scope of the law applicable under the Rome II Regulation ¹ Pederson v Young...

...Applicable law Overriding mandatory rules Public policy Taking evidence abroad Issue and cause of action estoppel 12.01 The primary focus of this work has been on the distinction between substance and procedure in private international law. All legal systems have long acknowledged...

... Overriding mandatory rules 15.01 Arts 16 and 26 of the Rome II Regulation govern the relationship between the law applicable under the Regulation and the law of the forum. Art 26 provides for the overriding effect of the forum’s public policy. Art 16 permits the application of ‘overriding mandatory...

...Contract Rome Convention Rome I Regulation and choice of law Applicable law Floating applicable law Overriding mandatory rules Jurisdictional agreements and the Brussels Regulation Insurance contracts Mandatory provisions and public policy Consent in choice of law The problem...

... on the distinction between mandatory rules and default rules as well as sources of such rules in fiduciary law. It then considers fiduciary loyalty, citing examples that illustrate how a baseline of fiduciary accountability is implied by the essential nature of fiduciary legal institutions, along with the mandatory...

...Modern business firms are not simple. In fact, they are the product of social changes that occur over time along a variety of legal dimensions. The law relevant to firms include both power-conferring and enabling rules, in addition to duty-imposing and mandatory rules. Within these legal...

... solution to choice of law, including evaluation of Savigny’s rejection of lex-fori and its centrality within choice-of-law practice; (3) CEF’s analysis of so-called “mandatory rules”, including discussion of their origin, popularity, and relation to the party autonomy principle; and (4) CEF’s analysis...

... the seat of arbitration, default rules, mandatory rules, and the debate over delocalisation theory concerning the seat of arbitration in international commercial arbitration. It also considers jurisdictions where delocalisation theory has received support, such as France, Switzerland and Belgium. party...

... subordinate jurisdictions super‐mandatory laws international law market voluntary associations choice‐of‐law clauses arbitration and contract regulation franchise law mandatory rules franchise termination choice‐of‐court rules choice‐of‐forum clauses fundamental policy exception interest groups...

...Rome Convention Rome I Regulation and choice of law Applicable law Overriding mandatory rules Contractual obligations 14.01 In this chapter, we are concerned with contracts in relation to the exploitation of intellectual property rights. These contracts take various forms, ¹...

...This chapter addresses the role of mandatory rules in employment cases. Mandatory rules and public policy operate in a number of distinct spheres in private internal law. Whether or not a rule is intended to be mandatory is essentially a matter for the internal law of the relevant country whose...

...Limitation of liability Rome Convention Rome I Regulation and choice of law Scope of applicable law Punitive damages Public policy Overriding mandatory rules 15.02   ( n   3 ) Add For the view that the Regulation does not sufficiently deter the ‘homing instinct’ to apply the law...

...Common law recognition Forum shopping and disputes Recognition and enforcement of foreign judgments – Brussels and Lugano Conventions Forum non conveniens Public policy Substance and procedure Overriding mandatory rules Admissibility Court proceedings Taking evidence abroad 2.01...

...Applicable law Overriding mandatory rules Public policy Rome I Regulation and choice of law Substance and procedure Rome Convention Pleading foreign law Scope of the law applicable under the Rome II Regulation Tort/delict Hague Evidence Convention 3.01 The focus of this chapter...

...Alternative compensation schemes Deductibility of benefits Heads of damages Interest Quantification Notice before action requirements Statutory compensation Overriding mandatory rules Public policy Applicable law 11.01 Under common law cases of tort and contract, the distinction...

... of the enacting state. The discussion identifies several covert and overt mechanisms for such protection, including the use of “localizing statutes,” “mandatory rules,” inward-looking unilateral rules, and carefully crafted exceptions to bilateral rules.. The discussion suggests that, although states...