Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
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Showing 1 to 20 of 30 for “"Legal personality"”.
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Legal personality of artificial intelligence under international law
… this work will first examine the concept of legal personality, its meaning and application in the legal framework of international law over the years. Without claiming advanced technological knowledge in scientific areas like robotics and engineering the paper will then try to present some …
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The doctrine of piercing the corporate veil in South Africa: an analysis of the South African approach with lessons from the Canadian jurisprudence
… of a corporation is the right to have separate legal personality independent from the directors and shareholders. The entity becomes distinct from those who incorporate it and those who participate in the active management of the corporation's business. The corporation is owned by shareholders. …
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Remedying abuses of limited liability in company groups
… company law has strictly upheld the separate legal personality of individual companies within a group. As a result of this separate legal personality, the holding company of the group cannot be held liable for its subsidiaries obligations. This creates room for abuse, especially since the …
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Eterodirezione e responsabilità
… be approximately rendered as the ‘abuse of the legal personality’ by the ‘dominus’ of the company. Although the vexata quaestio of the abuse of legal personality has been debated among interpreters for over a century, it does not seem to have yet found a definitive answer in the legal system, …
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Revisiting the Theoretical Foundations of International Organisations in Public International Law
… severe limitations in formulating a convincing legal theory of these institutions and their legal personality. As a result, ambiguity lingers on a number of important legal issues, such as the extent to which international organizations are bound by the same rules of customary international law …
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A study of the impact of company legislation on the fiduciary duties of directors with regard to contracts with the company
A company, as a separate legal personality, is not able to act on its own accord. It must necessarily participate in legal transactions through natural persons acting on its behalf. Directors are the persons who act on behalf of the company in transactions with third parties. Their functions and …
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The liability of directors for fraudulent and/or reckless trading: Section 424 of the Companies Act 61 of 1973
… of company law is that a company is a separate legal personality and that the liability of a member in a company, limited by shares, is limited to the amount, if any, unpaid on his shares. A problem down the years has been to prevent these principles being exploited by the controllers of the …
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Piercing the corporate veil: a critical analysis of Section 20(9) of the Companies Act 71 of 2008
… courts the discretion to disregard the separate legal personality of a company where there is unconscionable abuse of the juristic personality of the company. However, the challenge is that the section fails to define what constitutes ‘‘unconscionable abuse’’. This research thus investigated what …
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Piercing the Corporate Veil: Exploring Legal Implications and Corporate Accountability
… in South Africa may disregard the separate legal personality of a company and hold the shareholders or directors accountable for the company's actions. The corporate veil is a fundamental principle that shields individual shareholders from personal liability for the actions of a corporation. …
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Private Law, Public Right and the Duty to Rescue
… reliance of corrective justice upon Kantian legal philosophy. Further, by returning to an equality-based approach grounded in Aristotle’s principle of corrective justice, this thesis indicates the appropriate method for situating private law within a public realm. Finally, through a careful …
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Savivaldybių sudaromos civilinės sutartys (kontraktai): teorinės ir praktinės problemos /
… the participation of Local Government in private legal relationship. The concept of the participation of Local Government in private legal relationship, based on representation of public interests (these interests reflect the local community), shall not be clarified as the invention of recent …
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The use of corporate structures and tax avoidance
… that they enjoy the benefits which the separate legal personality of Corporate Structures are entitled to. The focus of the research was to carefully study Corporate Structures created by directors and other entities and to show how these personalities make use of various arrangements to reduce …
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The relationship between the Reflective Loss Principle and Section 163 (2)(j) of the Companies Act: Demystifying the current position and proposing a balanced path forward
… which infringes on and erodes the separate legal personality of the shareholder's company. The doctrine of separate legal personality plays a critical role in incentivising the formation of new companies, as well as the continued expansion of existing companies – phenomena that are of …
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Justifications for piercing the corporate veil
… decision in Salomon a company is recognised as a legal entity separate and distinct from its shareholders. Although this fundamental rule has had a considerable influence in company law worldwide, it cannot be absolute and, as such, must allow for exceptions where the courts may disregard the …
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The limits on limited liability: a comparative analysis of piercing the corporate veil in Swedish and South African law
… company law, or to neglect a company's separate legal personality and reveal abusive situations. Over the last few decades, the precise approach to be embraced when making such a decision has followed a trend of inconsistency in both jurisdictions. The purpose of this paper is therefore to …
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The personal liability of directors in terms of section 424 of the Companies Act - does it provide an adequate remedy?
… own name. The fundamental attribute of corporate personality, well established since the decision in Salomon v Salomon and Company almost a century ago, is that a company is a legal entity- distinct from its members. The separate legal personality of a company and the limited nature of a …
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Piercing of the corporate veil in terms of Gore: Section 20(9) of the new Companies Act 17 of 2008
… the relevance and the significance of separate legal personality and the historical development of the doctrine that carves out exceptions to limited liability in this context. The concept of separate legal personality goes hand in hand with the doctrine of veil piercing. This part will further …
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The triangular merger structures: the use of the forward and reverse triangular merger structures to circumvent the voting and appraisal rights of minority shareholders and potential shareholder remedies
… allowed to make use of and exploit the separate legal personality of a shell subsidiary company solely to circumvent the rights of their shareholders. Failing specific legislative intervention to curtail this potential abuse, shareholders of the holding company ought to be able to successfully …
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The Legal Enforceability of Contracts made by Electronic Agents under Islamic Law: A Critical Analysis of the Effectiveness of Legal Reform in Saudi Arabia
… Arabia (KSA) where Islamic law constitutes the legal system. Ignoring the doctrine of Islamic law in relation to the enforceability of these contracts could, therefore, fundamentally affect the future viability of these contracts in the KSA. The dissertation argues first that the principle of …
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What Is the Purpose of a Company?
… of five common characteristics. These are legal personality, limited liability, transferable shares, delegated management with board structure and investor ownership. It is said that these core characteristics support the idea of shareholder primacy. The traditional idea of the purpose of a …
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