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Author: Jorge Bacelar Gouveia
Publisher:
ISBN: 9789724052014
Category :
Languages : pt-BR
Pages : 299
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Book Description
Author: Jorge Bacelar Gouveia
Publisher:
ISBN: 9789724052014
Category :
Languages : pt-BR
Pages : 299
Get Book Here
Book Description
Author: Eduardo Goulart Pimenta
Publisher: Expert Editora
ISBN: 6560060608
Category : Business & Economics
Languages : pt-BR
Pages : 399
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Book Description
Os institutos disciplinados na Lei n. 11.101/05 estão certamente entre os maiores exemplos da importância da análise econômica do Direito como método de estudo e desenvolvimento de regras legais. Isto porque a crise econômica da empresa – e sua possível insolvência – expõe, de forma evidente, as limitações dos comandos legais em relação à premissa econômica de restrição dos recursos materiais disponíveis, ou, dito de outro modo, escassez. O instituto da recuperação da empresa, especialmente em sua forma judicial, coloca-se como centro de um cenário no qual se busca atender à busca pela preservação da unidade produtiva ao mesmo tempo que se pretende respeitar as obrigações e relações jurídicas assumidas, tudo isso envolto pela incapacidade de pagamento, ainda que temporária. do empresário ou sociedade empresária. A proposta deste livro é. neste sentido, analisar as regras legais referentes a recuperação de empresas e a falência sem nunca abandonar a constatação de que tais comandos colaboram, mas não resolvem, por si só, o problema da crise econômica dos agentes empresariais. Para isso, o livro se utiliza de constantes referências a aspectos que extrapolam a simples analise dogmática de dispositivos legais. sempre com o objetivo de ser útil tanto a estudantes quanto a profissionais das diversas áreas do conhecimento envolvidas na complexa realidade da insolvência.
Author: Rubens Becak
Publisher: Rowman & Littlefield
ISBN: 1793623708
Category : Law
Languages : en
Pages : 285
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Book Description
The Unwritten Brazilian Constitution offers an unexplored topic outside Portuguese language: the leading cases on human rights in the Brazilian Supreme Court (Supremo Tribunal Federal – STF). The Brazilian Constitution of 1988 represents an institutional framework able to restructure the relationship between the powers after the military dictatorship. The constituents drafted the Brazilian Constitution in order to set an extensive system of judicial protection for fundamental rights, by means of several instruments that have strengthened access to the Judiciary. Because the Brazilian Constitution has an extensive list of fundamental rights, the STF was called to interpret them several times and it developed an unwritten understanding of these fundamental rights. These decisions are not available to the international community since they are not translated to English. Based on this gap, this original book illustrates the main rulings on human rights analyzed by great scholars in Brazil. The text presents a deep discussion regarding the characteristics of the cases and demonstrates how the STF has built the legal arguments to interpret the extension of the fundamental rights.
Author: Ingrid Detter Delupis
Publisher: Cambridge University Press
ISBN: 9780521782562
Category : Law
Languages : en
Pages : 556
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Book Description
Analysis of the changing legal context of modern warfare including developments over the last decade.
Author: Eduardo C.B. Bittar
Publisher: Springer Nature
ISBN: 3030588807
Category : Law
Languages : en
Pages : 226
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Book Description
This book presents an interdisciplinary study of the relation between semiotics, law & art. Focusing on Greimasian semiotics, it examines specific works of art (from Giotto to Banksy) that deal with the theme of justice, promoting a more sensitive and humanized perception of the values that surround law. The book offers readers a comprehensive review of the semiotics of law, critically examining the relation between law & art. It covers a variety of topics, including semiotics, law and art; semiotics, art and experience; and society, law and art, as well as semiotics, law and painting; semiotics, law and architecture; semiotics, law and theatre; semiotics, law and literature; and semiotics, law and culture. In doing so, it uses the semiotics of painting to explain the symbology of justice and its significance in history; the semiotics of architecture to explain the setting of justice; the semiotics of theatre to explain the logic of the legal process; and the semiotics of literature to explain the narrative logic of legal decisions. Lastly, drawing on the semiotics of culture, it discusses ways of promoting justice, citizenship and human rights. Written from both philosophical and semiotical perspectives, the book enhances the centrality of visual jurisprudence studies to promote a better understanding of the role of law.
Author: Kostas Chrysogonos
Publisher: Springer Nature
ISBN: 3031139011
Category : Law
Languages : en
Pages : 181
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Book Description
This book, one of the first of its kind, explores the impact of the COVID-19 pandemic on modern Western democracies from a comparative constitutional law and policy perspective. Through 11 scholarly contributions, it tackles cutting-edge topics for the liberal state, such as emergency legislation, judicial scrutiny of COVID-19 measures, parliamentarism and executive decision-making during the pandemic. The book examines these topics both from a microscopic national constitutional angle, with a focus on European states, and from a macroscopic regional and comparative angle, on par with the American example. The COVID-19 pandemic is thus treated as an international state of emergency that has enabled far-reaching restrictions on essential human rights, such as freedom of movement, freedom of religion or even major political rights, while giving rise to the ‘administrative state.’ This edited volume explores each of these pressing themes in this exceptional context and evaluates different liberal states’ responses to the pandemic. Were these responses reasonable, effective and democratic? Or is the COVID-19 pandemic just the beginning of a new era of global democratic backsliding? How can liberal democracies manage similar crises in future? What lessons have we learned? The institutional knowledge gained turns out to be the key for the future of the rule of law.
Author: Enrico Pattaro
Publisher: Springer Science & Business Media
ISBN: 9400714793
Category : Philosophy
Languages : en
Pages : 1952
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Book Description
A Treatise of Legal Philosophy and General Jurisprudence is the first-ever multivolume treatment of the issues in legal philosophy and general jurisprudence, from both a theoretical and a historical perspective. The work is aimed at jurists as well as legal and practical philosophers. Edited by the renowned theorist Enrico Pattaro and his team, this book is a classical reference work that would be of great interest to legal and practical philosophers as well as to jurists and legal scholar at all levels. The work is divided in two parts. The theoretical part (published in 2005), consisting of five volumes, covers the main topics of the contemporary debate; the historical part, consisting of six volumes (Volumes 6-8 published in 2007; Volumes 9 and 10, published in 2009; Volume 11 published in 2011 and Volume 12 forthcoming in 2016), accounts for the development of legal thought from ancient Greek times through the twentieth century. Volume 12 Legal Philosophy in the Twentieth Century: The Civil Law World Volume 12 of A Treatise of Legal Philosophy and General Jurisprudence, titled Legal Philosophy in the Twentieth Century: The Civil-Law World, functions as a complement to Gerald Postema’s volume 11 (titled Legal Philosophy in the Twentieth Century: The Common Law World), and it offers the first comprehensive account of the complex development that legal philosophy has undergone in continental Europe and Latin America since 1900. In this volume, leading international scholars from the different language areas making up the civil-law world give an account of the way legal philosophy has evolved in these areas in the 20th century, the outcome being an overall mosaic of civil-law legal philosophy in this arc of time. Further, specialists in the field describe the development that legal philosophy has undergone in the 20th century by focusing on three of its main subjects—namely, legal positivism, natural-law theory, and the theory of legal reasoning—and discussing the different conceptions that have been put forward under these labels. The layout of the volume is meant to frame historical analysis with a view to the contemporary theoretical debate, thus completing the Treatise in keeping with its overall methodological aim, namely, that of combining history and theory as a necessary means by which to provide a comprehensive account of jurisprudential thinking.
Author: Rubén C. Lois González
Publisher: Springer Nature
ISBN: 9811937044
Category : Social Science
Languages : en
Pages : 419
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Book Description
This book presents the history and theoretical contributions of Brazilian geography since the late twentieth century and shows how this sphere of knowledge has been organically integrated with social and territorial issues and with social movements. The relationship between the subjects and objects of research in Brazilian geography has been centred on the understanding and transformation of realities marked by injustice and inequality. Against this backdrop, the geography of the country has developed by integrating, relating to, and forming part of those realities as it headed out into the streets. Brazilian geography continues to hold theoretical debate in high regard as a result of the influence of critical theory. This book thus covers the theoretical approaches in Brazilian geography, its different lines of research, and above all its character as manifested in culture and society.
Author:
Publisher: Bib. Orton IICA / CATIE
ISBN:
Category :
Languages : en
Pages : 36
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Book Description
Author: Başak Başoğlu
Publisher: Springer
ISBN: 331927256X
Category : Law
Languages : en
Pages : 340
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Book Description
This book is about one of the most controversial dilemmas of contract law: whether or not the unexpected change of circumstances due to the effects of financial crises may under certain conditions be taken into account. Growing interconnectedness of global economies facilitates the spread of the effects of the financial crises. Financial crises cause severe difficulties for persons to fulfill their contractual obligations. During the financial crises, performance of contractual obligations may become excessively onerous or may cause an excessive loss for one of the contracting parties and consequently destroy the contractual equilibrium and legitimate the governmental interventions. Uncomfortable economic climate leads to one of the most controversial dilemmas of the contract law: whether the binding force of the contract is absolute or not. In other words, unstable economic circumstances impose the need to devote special attention to review and perhaps to narrow the binding nature of a contract. Principle of good faith and fair dealing motivate a variety of theoretical bases in order to overcome the legal consequences of financial crises. In this book, all these theoretical bases are analyzed with special focus on the available remedies, namely renegotiation, rescission or revision and the circumstances which enables the revocation of these remedies. The book collects the 19 national reports and the general report originally presented in the session regarding the Effects of Financial Crises on the Binding Force of Contracts: Renegotiation, Rescission or Revision during the XIXth congress of the International Academy of Comparative Law, held in Vienna, July 2014.
