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English summary: In this volume, leading scholars from Central and Eastern European countries and from Western Europe as well work out suggestions for dealing with company groups in transforming countries' groups. German description: Wahrend Unternehmensgruppen in Westeuropa Gegenstand intensiver, auch rechtsvergleichender Forschung und lebhafter rechtspolitischer Diskussionen sind, lassen sich Kenntnisse uber Unternehmensgruppen in mittel- und osteuropaischen Landern haufig nur mit betrachtlichem Aufwand und bisher nur fur einzelne Lander gewinnen.Wie entstehen und verhalten sich Unternehmensgruppen in diesen Transformationslandern? Fuhrende Wissenschaftler aus Mittel-, Ost- und Westeuropa untersuchen dies aus rechtlicher und okonomischer Sicht.Dieser Band enthalt die Beitrage eines Symposions, das 2000 in Hamburg stattfand, und die dort erarbeiteten Vorschlage unter Berucksichtigung zwischenzeitlicher Rechtsanderungen.
The nineteen outstanding contributors to this deeply insightful book concur in envisioning a fundamentally new systematic concept of contract law that, while preserving the essential and‘architectureand’ of the existing European codes, would nonetheless find cogent ways to integrate such modern developments as mass transactions, chains and networks of contracts, regulation of markets and contracts to protect consumers, and service and long-term contracts into an optional European code. The book is organised along three major avenues: and• the systematic arrangement of a contract law code - how it deals with core questions of formation and performance or breach of contract, such as mistake and misrepresentation, standard contract terms, and remedies in the case of breach of contract; and• the apparent necessity to merge consumer contract law (i.e. such issues as product safety and liability, warranties, and consumer debt and insolvency) with traditional core contract law concepts; and and• the importance to substantive contract law of the pre-contractual phase, in which information duties are becoming steadily more paramount. The authors perspectives cover a wide range of jurisdictions, including new EU Member States. The bookand’s commitment to an integration of comparative law, EC law, and the debate on European codification offers practitioners and academics fertile ground for the development of a new model of contract law that is more than a common denominator of what has been in force so far. This model may serve as a basis for Europe-wide and perhaps even worldwide discussion.
Science and technology in the former socialist Central and East European countries underwent a period of transformation in the last decade of the 20th century. With respect to the past, this represents the restructuring of the old system; with respect to the 21st century, however, it was the turbulent starting phase in the transition to new national innovation systems. Based on the authors' many years of research in this area the book analyses these processes in detail for 14 countries, reveals common features and differences in the transitional phase and inferres the prospects for the development of science and technology in Eastern Europe in the framework of EU enlargement.
Inhaltsangabe:Abstract: This dissertation analyses the structural changes in the Russian banking system and gives insights into the current market situation. Starting with a review of theoretical aspects of banking in Western economies and the rationale for the existence of banks, the deficiencies of the former socialist banking system are exposed. A large section is dedicated to the special role of the banking system during the process of transition and to an evaluation of how far Russian banks rise to the challenges of these tasks. The historical process of reforming the central and commercial banking system is described, laying emphasis on the legislative changes and the means of supervision. The banking system in Russia has been dominated by rapid growth in the last three years due to high profit expectations. However, many banks granted credits to dubious industrial companies and now face a large amount of uncollectable assets in their credit portfolios. The analysis shows that with rising positive real interest rates and growing competition in the banking market, a large number of small and mediumsized banks will either have to admit bankruptcy or be acquired by expanding banks. The emerging interbank, bond and equity markets are illustrated with regard to the influence of banks. The deficiencies in settlement processes, liquidity, trading rules, and private and commercial law are examined. The next urgently required steps in the reform process are listed. The future progress of the Russian banking system however, is not only dependent on legal and structural changes in related financial and capital markets, but based on the critical assumption of peaceful, politically stable and socially balanced developments in Russia. Inhaltsverzeichnis:Table of Contents: AbstractIV 1.Introduction1 2.Theoretical Aspects of Banking 2.1Theory of Financial Intermidiation3 2.2Thr, Banking System in a Centrally Planned Economy7 2.3The Role of Banks in Russia's Transition to a Market Economy9 3.The Banking Refomis in Russia 3.1Russian Banking Legislation18 3.1.1The Independence of the Central Bank19 3.1.2The Commercial Banking Legislation23 3.2Russian Banking Supervision24 3.2.1The Licensing Process25 3.2.2Creditor Protection and Assessment of Reliability29 3.2.3Accounting and Audit33 4.The Financial Market Situation in Russia 4.1Russian Commercial Banks36 4.1.1The -Former Specialised Banks36 4.1.2The Ministerial Bank38 4.1.3Independent [...]
The basic question of this book is what we can learn from empirical as well as theoretical analysis of financial systems, differing cross-sectional and changing structually over time, with respect to the issue of stability of financial systems. Part I of the book deals with stability issues in a globalizing financial world and addresses topics of convergence, domestic policy, financial bubbles, crises and international coordination. Part II is on banking systems. Country specific adoption and restructuring of (universal but also separation) banking systems are key problems for the industrialized economies, while catching-up is of major concern for the economies in transition. Feeble regional economies and subsidized banking is at the heart of the vivid dispute on public sector banking being taken up in Part III. The last Part is devoted to resource-oriented approaches in quantifiying financial development and risk of sovereign default.
Turul Ansay is an outstanding figure in the landscape of comparative law. In a field that holds ever-growing promise for the future, he continues to manifest his tireless spirit in a wide arc of influential activity. The spectrum of his achievement encompasses many areas of substantive law as well as legal education. He is noted also for his direct contributions to the national legal systems of more than a few countries notably that of his native Turkey contributions characterized by the deep integrity that a truly comparative perspective brings. This impressive Festschrift in honour of Dr. Ansay's 75th birthday presents signal contributions by no less than thiry-six of his colleagues and fellow-comparatists, all of them well-known scholars in their fields. They offer insightful views on some of the many tasks of legal scholarship taken up by Dr. Ansay in the course of his long career, including such areas as the following: European competition law Conflicts of labor law conflicts among EC law and various national legal systems European real property law multiple nationality and diplomatic protection fundamental rights and private international law international consumer protection family relations in foreign law and in international family law Rights on immovable properties in Europe international agreements on jurisdiction the Anglo-internationalisation of law and language foreign direct investment protection legal education in Germany The wealth of material in this book represents a treasury of commentary and information that no student of comparative law will want to do without. Because of its array of outstanding authors in the field and its important sidelights on such areas as transplanted law, legal and social change, comparative law methodology, European legal integration and convergence, and cross-border import and export of ideas and institutions, this book is far more than a liber amicorum: it is a major new contribution to the field of comparative law, and will be of great value not only to academics but to lawyers involved in cross-border practice in areas such as family law, human rights law, and international business transactions.
Janos Kornai The collapse of the socialist system in eastern Europe and the Soviet Union is one of the major events of this century, perhaps the most important of all. The transformation now taking place is without any precedent in history. The original development of capitalism was a process that lasted for centuries. The almost total liquidation of capitalism in the countries ruled by communist parties took place-in historical terms-in a very short period of time, but it was carried out by force and repressive methods. The transformation which has now begun is diverting these countries back onto the path of capitalist development and the hope is that the process will take place much faster than the original emergence of capitalism. And another hope can be expressed: that the governments of these countries will not resort during the process to the arsenal of political violence and repression in order to speed it up. Although the post -socialist transformation is a historically unique phenomenon, some components and features of it show a similarity with other processes or events that took place under other circumstances. Other empires before the Soviet empire collapsed. The political structures of other countries took the path from dictatorship to democracy. Under other conditions, state assets have been privatized, inflation has been curbed, foreign capital has flowed in, new oligopolies have formed, and so on. The uniqueness lies in the new, specific configuration of these component processes and may other phenomena.
This title was first published in 2000: As the El'tsin era has now drawn to a close, numerous questions remain unanswered regarding the course of Russia's post-Communist traditions. El'tsin's exit from the presidential stage provides an opportunity to assess the achievements of Russia's multi-faceted reforms, to explain the factors that have most shaped the reform process, and to identify the trends that are likely to continue under a presidential successor. This volume embodies such an effort. Its contents are the product of a conference held in May 1999 at the Federal Institute for East European and International Studies in Cologne, Germany. The institute convened an international group of scholars, representing a variety of academic approaches to the study of transition economies in general, and Russia in particular. The title of this volume has been taken from the overarching theme of the conference. The goal was determine the extent to which pre-existing structures and norms of economic and political life have been fundamentally altered by the El'tsin administration's reform campaigns and how these factors themselves have influenced the reform process.
This title was first published in 2003. The Baltic Sea region offers exceptionally rich material for the discussion of civil society. This is because it has witnessed the erosion of communist regimes, the crisis of the welfare state, the increasing importance of new social movements and the shift from a centralist paradigm to one oriented towards networks. This engaging book focuses on the phenomena and prospects for civil society in north-eastern Europe which have had a major impact on political and scholarly debates since 1989. Nineteen experts from the region provide a comprehensive and comparative account of the history, the present state and the perspectives of civil society in the Baltic Sea area. The reader will learn that civil society should not only be seen in opposition to the state and that it has a major impact on current developments of European integration.
This book's principal aim is to critically address the institutional and substantive legal issues resulting from European enlargement, chiefly those relating to the legal foundations on which the enlarged Union is being built. The accession of new Member States creates the potential for a stronger and more powerful Europe. Realising this potential, however, will depend on the ability of the EU to develop functional and effective governance structures, both at the European level and at the level of the individual Member States. While the acquis communautaire will ensure that formal laws in the new Member States will be aligned with those of existing members, the question remains as to how effective institutions will be in implementing changes, and what effects the imposed changes will have on the legitimacy of the new legal framework. This book, containing the work of leading scholars in law and social sciences, examines the current and future legal framework for EU governance, and the role that new members will - or will not - play in the creation of that framework, paying particular attention to the specific challenges membership in the EU poses to the acceding states of Central and Eastern Europe. It is a book which will contribute to and influence debates over constitutionalism and legal harmonisation in the EU.