Author: Andrea Sacco Ginevri
Publisher: CEDAM
ISBN: 881337738X
Category : Law
Languages : it
Pages : 383
Book Description
This casebook deals with the basic principles of the Italian business law and focuses on certain recent and pivotal cases in which important rules governing the modern public company have been applied. After a short overview of the main corporate and securities laws and regulation applicable to Italian listed companies, certain leading cases which triggered the application of such rules are analyzed. The main interrelationships between and among the economic and legal elements are scrutinized for the purpose of highlighting the economic logic underlying corporate law. In the financial markets’ dynamics, the public company plays a vital role since it attracts the public savings coming from the investors in order to finance business plans and strategies which create growth and welfare. In such a scenario, financial intermediaries must act in the interest of the investors, selecting among the potential issuers those who are the most attractive for their clients. When companies are structurally organized to attract standardized equity or debt investments, by issuing listed shares, bonds or other financial instruments, their operational and governance rules change in order to safeguard the public savings coming from the investors. In the end, what makes this branch of law so interesting to students, practitioners, and scholars alike is the open-textured relationship between corporate law and securities regulation which plays a crucial role in such context. The cases selected in the second part of this book deal with significant topics in the Italian market practice and are briefly commented making reference to an updated set of laws and references. Therefore, this book can be used also with a focus on comparative legal systems for corporations taught in Italy or abroad.
Commentaries and cases on italian business law - Second edition
Author: Andrea Sacco Ginevri
Publisher: CEDAM
ISBN: 881337738X
Category : Law
Languages : it
Pages : 383
Book Description
This casebook deals with the basic principles of the Italian business law and focuses on certain recent and pivotal cases in which important rules governing the modern public company have been applied. After a short overview of the main corporate and securities laws and regulation applicable to Italian listed companies, certain leading cases which triggered the application of such rules are analyzed. The main interrelationships between and among the economic and legal elements are scrutinized for the purpose of highlighting the economic logic underlying corporate law. In the financial markets’ dynamics, the public company plays a vital role since it attracts the public savings coming from the investors in order to finance business plans and strategies which create growth and welfare. In such a scenario, financial intermediaries must act in the interest of the investors, selecting among the potential issuers those who are the most attractive for their clients. When companies are structurally organized to attract standardized equity or debt investments, by issuing listed shares, bonds or other financial instruments, their operational and governance rules change in order to safeguard the public savings coming from the investors. In the end, what makes this branch of law so interesting to students, practitioners, and scholars alike is the open-textured relationship between corporate law and securities regulation which plays a crucial role in such context. The cases selected in the second part of this book deal with significant topics in the Italian market practice and are briefly commented making reference to an updated set of laws and references. Therefore, this book can be used also with a focus on comparative legal systems for corporations taught in Italy or abroad.
Publisher: CEDAM
ISBN: 881337738X
Category : Law
Languages : it
Pages : 383
Book Description
This casebook deals with the basic principles of the Italian business law and focuses on certain recent and pivotal cases in which important rules governing the modern public company have been applied. After a short overview of the main corporate and securities laws and regulation applicable to Italian listed companies, certain leading cases which triggered the application of such rules are analyzed. The main interrelationships between and among the economic and legal elements are scrutinized for the purpose of highlighting the economic logic underlying corporate law. In the financial markets’ dynamics, the public company plays a vital role since it attracts the public savings coming from the investors in order to finance business plans and strategies which create growth and welfare. In such a scenario, financial intermediaries must act in the interest of the investors, selecting among the potential issuers those who are the most attractive for their clients. When companies are structurally organized to attract standardized equity or debt investments, by issuing listed shares, bonds or other financial instruments, their operational and governance rules change in order to safeguard the public savings coming from the investors. In the end, what makes this branch of law so interesting to students, practitioners, and scholars alike is the open-textured relationship between corporate law and securities regulation which plays a crucial role in such context. The cases selected in the second part of this book deal with significant topics in the Italian market practice and are briefly commented making reference to an updated set of laws and references. Therefore, this book can be used also with a focus on comparative legal systems for corporations taught in Italy or abroad.
International Arbitration in Italy
Author: Massimo V. Benedettelli
Publisher: Kluwer Law International B.V.
ISBN: 9041148280
Category : Law
Languages : en
Pages : 618
Book Description
Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.
Publisher: Kluwer Law International B.V.
ISBN: 9041148280
Category : Law
Languages : en
Pages : 618
Book Description
Arbitrating cross-border business disputes has been common practice in Italy since centuries. It is no wonder, then, that Italian arbitration law and jurisprudence are ample and sophisticated. Italian courts have already rendered thousands of judgments addressing complex problems hidden in the regulation of arbitration. Italian jurists have been among the outstanding members of the international arbitration community, starting from when back in 1958, Professor Eugenio Minoli was among the promoters of the New York Convention. Being Italy the third-largest economy in the European Union and the eighth-largest economy by nominal GDP in the world, it also comes as no surprise that Italian companies, and foreign companies with respect to the business they do in the Italian market, are among the main ‘users’ of international arbitration, nor that Italy is part to a network of more than 80 treaties aimed to protect inbound and outbound foreign direct investments and being the ground for investment arbitration cases. Moreover, in recent years, Italy has risen to prominence as a neutral arbitral seat, in particular for the settlement of ‘intra-Mediterranean’ disputes, also thanks to the reputation acquired by the Milan Chamber of Arbitration which has become one of the main European arbitral institutions. This book is the first commentary on international arbitration in Italy ever written in English. It is an indispensable tool for arbitrators, counsel, experts, officers of arbitral institutions and judges who happen to be involved in arbitral proceedings or arbitration-related court proceedings somewhat linked to the Italian legal system, either because Italy is the seat of the arbitration, the Italian jurisdiction has been ousted by a foreign-seated arbitration, the assistance of Italian courts is sought for the granting of interim measures or the enforcement of a foreign award or the arbitration results from a multilateral or bilateral investment protection treaty to which Italy is a party. This book may also be of general interest for scholars and practitioners of international arbitration at large to the extent that it deals with the ‘theory’ of international arbitration and illustrates original solutions offered by Italian arbitration law to various complex issues, such as: the potential conflicts (and required balance) between party autonomy and State sovereignty in the governance of arbitrations; the relationship between the New York Convention and the legal system of the State of the arbitral seat; the potential impact on cross-border arbitrations of insolvencies, human rights, or European Union law; the arbitrability of corporate disputes; the extension of arbitration agreements to ‘necessary parties’. Appendixes include an English translation of the main provisions of Italian law relevant to arbitration, a list of the investment protection treaties to which Italy is a party, and an English version of the Rules of Arbitration of the Milan Chamber of Arbitration. The author, who is full professor of international law, name partner of ArbLit (the first Italian boutique focusing on cross-border dispute settlement) and the current Italian member of the ICC Court of Arbitration, has written the book aiming to combine his academic background with his long-standing experience as counsel and arbitrator.
The Italian Legal System
Author: Michael A. Livingston
Publisher: Stanford University Press
ISBN: 0804796556
Category : Law
Languages : en
Pages : 283
Book Description
For fifty years, the first edition of The Italian Legal System has been the gold standard among English-language works on the Italian legal system. The book's original authors, Mauro Cappelletti, John Henry Merryman, and Joseph M. Perillo, provided not only an overview of Italian law, but a definition of the field, together with an important contribution to the general literature on comparative law. The book explains the unique "Italian style" in doctrine, law, and interpretation and includes an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence. In this fully-updated and revised second edition, authors Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi describe the substantial changes in Italian law and society in the intervening five decades—including the creation and impact of the European Union, as well as important advances in comparative law methodology. The second edition poses timely, relevant questions of whether and to what extent the unique Italian style of law has survived the pressures of European unification, American influence, and the globalization of law and society in the intervening period. The Italian Legal System, Second Edition is an important and stimulating resource for those with specific interest in Italy and those with a more general interest in comparative law and the globalization process.
Publisher: Stanford University Press
ISBN: 0804796556
Category : Law
Languages : en
Pages : 283
Book Description
For fifty years, the first edition of The Italian Legal System has been the gold standard among English-language works on the Italian legal system. The book's original authors, Mauro Cappelletti, John Henry Merryman, and Joseph M. Perillo, provided not only an overview of Italian law, but a definition of the field, together with an important contribution to the general literature on comparative law. The book explains the unique "Italian style" in doctrine, law, and interpretation and includes an extremely well-written introduction to Italian legal history, government, the legal profession, and civil procedure and evidence. In this fully-updated and revised second edition, authors Michael A. Livingston, Pier Giuseppe Monateri, and Francesco Parisi describe the substantial changes in Italian law and society in the intervening five decades—including the creation and impact of the European Union, as well as important advances in comparative law methodology. The second edition poses timely, relevant questions of whether and to what extent the unique Italian style of law has survived the pressures of European unification, American influence, and the globalization of law and society in the intervening period. The Italian Legal System, Second Edition is an important and stimulating resource for those with specific interest in Italy and those with a more general interest in comparative law and the globalization process.
Introduction to Italian Law
Author: Jeffrey Lena
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 538
Book Description
Introduction to the Laws.....Series Volume 4 This is a methodologically advanced introduction to the main features of the Italian Legal System. Its eighteen chapters cover all the significant changes and innovations that have recently taken place, including: a new system of private international law; a greatly altered and expanded body of family law; a new code of criminal procedure; fundamental changes in civil procedure; the effects of European legislation on Italian municipal law; the reformation of administrative law; and the latest computer-assisted research tools and techniques used to research Italian law. Written for academics and lawyers alike, this book is an indispensable tool for those wishing to grasp the context of Italian legal activity. Written by Italian experts at the top of their respective fields, An Introduction to Italian Law is a readable yet technically sophisticated and critical discussion of the systemic features that make the Italian legal system a landmark of the civil law tradition.
Publisher: Springer
ISBN:
Category : Law
Languages : en
Pages : 538
Book Description
Introduction to the Laws.....Series Volume 4 This is a methodologically advanced introduction to the main features of the Italian Legal System. Its eighteen chapters cover all the significant changes and innovations that have recently taken place, including: a new system of private international law; a greatly altered and expanded body of family law; a new code of criminal procedure; fundamental changes in civil procedure; the effects of European legislation on Italian municipal law; the reformation of administrative law; and the latest computer-assisted research tools and techniques used to research Italian law. Written for academics and lawyers alike, this book is an indispensable tool for those wishing to grasp the context of Italian legal activity. Written by Italian experts at the top of their respective fields, An Introduction to Italian Law is a readable yet technically sophisticated and critical discussion of the systemic features that make the Italian legal system a landmark of the civil law tradition.
Italy Business Law Handbook Volume 1 Strategic Information and Basic Laws
Author: IBP USA
Publisher: Lulu.com
ISBN: 143877012X
Category : Business & Economics
Languages : en
Pages : 266
Book Description
Italy Business Law Handbook - Strategic Information and Basic Laws
Publisher: Lulu.com
ISBN: 143877012X
Category : Business & Economics
Languages : en
Pages : 266
Book Description
Italy Business Law Handbook - Strategic Information and Basic Laws
A History of Corporate Governance around the World
Author: Randall K. Morck
Publisher: University of Chicago Press
ISBN: 0226536831
Category : Business & Economics
Languages : en
Pages : 700
Book Description
For many Americans, capitalism is a dynamic engine of prosperity that rewards the bold, the daring, and the hardworking. But to many outside the United States, capitalism seems like an initiative that serves only to concentrate power and wealth in the hands of a few hereditary oligarchies. As A History of Corporate Governance around the World shows, neither conception is wrong. In this volume, some of the brightest minds in the field of economics present new empirical research that suggests that each side of the debate has something to offer the other. Free enterprise and well-developed financial systems are proven to produce growth in those countries that have them. But research also suggests that in some other capitalist countries, arrangements truly do concentrate corporate ownership in the hands of a few wealthy families. A History of Corporate Governance around the World provides historical studies of the patterns of corporate governance in several countries-including the large industrial economies of Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States; larger developing economies like China and India; and alternative models like those of the Netherlands and Sweden.
Publisher: University of Chicago Press
ISBN: 0226536831
Category : Business & Economics
Languages : en
Pages : 700
Book Description
For many Americans, capitalism is a dynamic engine of prosperity that rewards the bold, the daring, and the hardworking. But to many outside the United States, capitalism seems like an initiative that serves only to concentrate power and wealth in the hands of a few hereditary oligarchies. As A History of Corporate Governance around the World shows, neither conception is wrong. In this volume, some of the brightest minds in the field of economics present new empirical research that suggests that each side of the debate has something to offer the other. Free enterprise and well-developed financial systems are proven to produce growth in those countries that have them. But research also suggests that in some other capitalist countries, arrangements truly do concentrate corporate ownership in the hands of a few wealthy families. A History of Corporate Governance around the World provides historical studies of the patterns of corporate governance in several countries-including the large industrial economies of Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States; larger developing economies like China and India; and alternative models like those of the Netherlands and Sweden.
Law and the Christian Tradition in Italy
Author: Orazio Condorelli
Publisher: Routledge
ISBN: 1000079198
Category : History
Languages : en
Pages : 488
Book Description
Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.
Publisher: Routledge
ISBN: 1000079198
Category : History
Languages : en
Pages : 488
Book Description
Firmly rooted on Roman and canon law, Italian legal culture has had an impressive influence on the civil law tradition from the Middle Ages to present day, and it is rightly regarded as "the cradle of the European legal culture." Along with Justinian’s compilation, the US Constitution, and the French Civil Code, the Decretum of Master Gratian or the so-called Glossa ordinaria of Accursius are one of the few legal sources that have influenced the entire world for centuries. This volume explores a millennium-long story of law and religion in Italy through a series of twenty-six biographical chapters written by distinguished legal scholars and historians from Italy and around the world. The chapters range from the first Italian civilians and canonists, Irnerius and Gratian in the early twelfth century, to the leading architect of the Second Vatican Council, Pope Paul VI. Between these two bookends, this volume offers notable case studies of familiar civilians like Bartolo, Baldo, and Gentili and familiar canonists like Hostiensis, Panormitanus, and Gasparri but also a number of other jurists in the broadest sense who deserve much more attention especially outside of Italy. This diversity of international and methodological perspectives gives the volume its unique character. The book will be essential reading for academics working in the areas of Legal History, Law and Religion, and Constitutional Law and will appeal to scholars, lawyers, and students interested in the interplay between religion and law in the era of globalization.
Commentaries and Cases on Italian Business Law
Author: Andrea Sacco Ginevri
Publisher:
ISBN: 9788813374730
Category : Law
Languages : en
Pages :
Book Description
Publisher:
ISBN: 9788813374730
Category : Law
Languages : en
Pages :
Book Description
Principles of European Contract Law and Italian Law
Author: Luisa Antoniolli
Publisher: Kluwer Law International B.V.
ISBN: 9041123725
Category : Law
Languages : en
Pages : 522
Book Description
To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2
Publisher: Kluwer Law International B.V.
ISBN: 9041123725
Category : Law
Languages : en
Pages : 522
Book Description
To provide valuable legal service to persons in today's Europe, practitioners must be conversant in both national and transnational law. At the European level, the Principles of European Contract Law (PECL) are an increasingly important element of contract law, together with national contract law, as contained in Civil Codes and various national statute. Accordingly, Kluwer Law International has initiated a series of volumes, under the direction of prof. Hondius of the University of Utrecht, comparing PECL with the most important European legal systems. This volume on Italian law is the second in the series. Using a straightforward comparative method, the editors¿ analysis not only reveals a significant area of convergence between the PECL and Italian contract law, but also highlights the main differences between the two bodies of rules. The reasons for these differences, both legal and non-legal (such as historical, social, economic), are clearly set forth. The book provides complete texts, with annotations, of the PECL and the corresponding Italian rules. The presentation proceeds as follows: general provisions (scope of application, general duties, terminology)formation of contracts (general provisions, offer and acceptance, liability for negotiations)authority of agents (general provisions, direct and indirect representation)validityinterpretationcontents and effectsperformancenon-performance and remedies in generalparticular remedies for non-performance (right to performance, withholding performance, termination of the contract, price reduction, damages and interest) The editors commentary includes extensive reference to case law and legal doctrine at all essential points. In this way they provide a comprehensive description of the law in action as well as its evolving trends. In addition, incisive essays by two leading experts in the field of comparative law, prof. Rodolfo Sacco and prof. Michael Joachim Bonell, analyse the relationship of the PECL and Italian law and its wider framework in the harmonisation of private law at the European and international levels. The book is a valuable handbook and guide for both foreign and Italian lawyers. For non-Italian lawyers, be they practitioners or academics, it provides a concise but complete and up-to-date outline of current Italian contract law, organized on the basis of a system (PECL) with which many European lawyers are familiar. For Italian lawyers, it offers a clearer insight into a wider European legal contract system whose importance in the evolution of a common European private law is growing rapidly. Principles of European Contract Law Series 2
Commentary on the Italian Code of Civil Procedure
Author: Simona Grossi
Publisher: Oxford University Press, USA
ISBN: 0195372719
Category : Language Arts & Disciplines
Languages : en
Pages : 557
Book Description
Commentary on the Italian Code of Civil Procedure is a unique and comprehensive guide to understanding the structure and functioning of the Italian Code of Civil Procedure. The book provides a reliable translation to the provisions for the implementation of the 840 articles of the Italian Code of Civil Procedure. An indispensible resource for practitioners in the field, this book provides a description of civil procedure and the translated text of the Italian Code of Civil Procedure, with an explanation of the legal terms, provisions for the implementation of the Code, and valuable commentary. The commentary and translations included in this book were prepared by Italian attorneys with extensive experience working with the Italian Code of Civil Procedure and American Civil Procedure.
Publisher: Oxford University Press, USA
ISBN: 0195372719
Category : Language Arts & Disciplines
Languages : en
Pages : 557
Book Description
Commentary on the Italian Code of Civil Procedure is a unique and comprehensive guide to understanding the structure and functioning of the Italian Code of Civil Procedure. The book provides a reliable translation to the provisions for the implementation of the 840 articles of the Italian Code of Civil Procedure. An indispensible resource for practitioners in the field, this book provides a description of civil procedure and the translated text of the Italian Code of Civil Procedure, with an explanation of the legal terms, provisions for the implementation of the Code, and valuable commentary. The commentary and translations included in this book were prepared by Italian attorneys with extensive experience working with the Italian Code of Civil Procedure and American Civil Procedure.