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This note explores the interactions between new technologies with key areas of commercial law and potential legal changes to respond to new developments in technology and businesses. Inspired by the Bali Fintech Agenda, this note argues that country authorities need to closely examine the adequacy of their legal frameworks to accommodate the use of new technologies and implement necessary legal reform so as to reap the benefits of fintech while mitigating risks. Given the cross-border nature of new technologies, international cooperation among all relevant stakeholders is critical. The note is structured as follows: Section II describes the relations between technology, business, and law, Section III discusses the nature and functions of commercial law; Section IV provides a brief overview of developments in fintech; Section V examines the interaction between technology and commercial law; and Section VI concludes with a preliminary agenda for legal reform to accommodate the use of new technologies.
A clear and insightful text which puts Scottish law in a global context. It explains the relevance of Scots law to those whose main specialism is not law, and gives practical advice and straightforward, jargon-free expla¬nations of concepts, as well as how to study and write about commercial law.
The economic power and influence of The People's Republic of China continues to grow. Accordingly, an appreciation of the commercial environment of China has never been so important. THE CHINESE COMMERCIAL LEGAL SYSTEM provides a valuable insight into significant features of commercial law and culture in China. Written by specialists on Chinese business law from Australia, South-East Asia and China itself, this book addresses the intricacies of Chinese business culture from both perspectives. The distinctiveness of this book lies in its consideration of the historical discussion of China's legal system, exploring the relationship between law, business and culture. The reader can then understand why China has never regarded law as fundamental to its business practice and why it is now rapidly passing laws in order to comply with its obligations under the WTO. The text also attempts to explain why Chinese culture permeates eery facet of commercial life.
The rapid and continuing development of the Chinese economy and its markets has made business with China an integral component of the strategies of countless foreign companies, regardless of their size or form. However, in order to turn opportunities into successful enterprises, managers need a practical guide on the legal aspects of conducting business in China, and on the strategies for effectively circumventing unnecessary risks while simultaneously using the legal system to strengthen operations and protect interests. This remarkable book provides the necessary insight and guidance to devise a corporate strategy, and to tackle issues relating to common aspects of doing business with Chinese counterparts, investing in a Chinese enterprise, and engaging in business operations there. Drawing on expertise gained during eight years in China serving the legal needs of foreign companies, the author shows how many of the mistakes that foreign companies make can easily be avoided by conducting a proper due diligence and understanding how applicable laws work in practice. He clearly describes the opportunities and pitfalls exposed as a foreign investor engages with such elements of business in China as the following: negotiating a detailed written contract; performing a legal and commercial due diligence on a prospective partner; resolving disputes through negotiation, arbitration or litigation; establishing and enforcing trademarks, patents and other intellectual property rights; investing in China; considering the joint venture structure; expanding through a merger or acquisition; restructuring or liquidating an operation; designing and implementing effective corporate governance; retaining, managing and terminating employees; arranging funds into and out of China; ensuring both tax efficiency and tax compliance; and avoiding criminal liabilities in the course of doing business. Whether seeking to source from China or to establish manufacturing facilities in China to produce for export, to sell products or services on the domestic market, or even just to act as a conduit between China and the outside world, business managers and their counsel from all over the globe and across all industries will benefit enormously from this deeply informed, insightful, and practical guide
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Managers and students are often required to have a basic understanding of the legal system in which international commerce and trade functions. Law for Managers attempts to focus on the basic framework and fundamental principles of international law. This second edition has been updated to incorporate changes in the international legal environment including new approaches to multilateral trade agreements, difficulties in the context of the EU and WTO, updates to the UNIDROIT Principles and Incoterms, and evolving approaches to dispute resolution.
The principles, maxims and precepts of Commercial Law are eternal, unchanging and unchangeable. They are expressed in the Bible, both in the Old Testament and in the New. The law of commerce -- unchanged for thousands of years -- forms the underlying foundation of all law on this planet; and for governments around the world. It is the law of nations, and of everything that human civilization is built upon. This is why Commercial Law is so powerful. When you operate at the level of Commercial Law, by these precepts, nothing that is of inferior statute can overturn or change it, or abrogate it, or meddle with it. It is the fundamental source of all authority, power and functional reality.
Consolidated to 1 December 2019, this volume contains key contract and commercial legislation specifically selected to cater for the needs of commercial law students. This book is comprehensively indexed and includes: Contract and Commercial Law Act 2017 Credit Contracts and Consumer Finance Act 2003 Fair Trading Act 1986 Consumer Guarantees Act 1993 Property Law Act 2007 ¿ Contracts Provisions.
This detailed analysis of the content and configuration of civil codes in diverse jurisdictions also examines their relationship with some branches of private law as: family law, commercial law, consumer law and private international law. It analyzes the codification, decodification and recodification processes illuminating the dialogue between current codes – and private law legislation in general – with Constitutions and International Conventions. The commentary elucidates the changing requirements of civil law as it shifted from an early protection of patrimony to a support for commercial and contractual law. It also explains the varying trajectories of civil law, which in some jurisdictions was merged with religious legal tenets in its codification of familial relations, while in others it was fused with commercial law or, indeed, codified from scratch as a discrete legal corpus. Elsewhere, the volume provides material on differing approaches to consumer law, where relevant legislation may be scattered across numerous statutes, and also on private international law, a topic of increasing relevance in a world where business corporations have interests in multiple jurisdictions (and often play one off against another). The volume features invited contributions from leading scholars in the field of private law brought together for an in depth analysis of the current regulatory attitude in this field of the law in jurisdictions with diverse legal systems and traditions. In current times we are witnessing the adoption of diverging regulatory solutions. Through the analysis of the past and present of private law regulation, the volume unveils the underlying trends and relevance of the codification method across the world.