Liability of Dominant Enterprise for Its Act in Abusing Dominant Economic Position ──Taking Japanese Act on Prohibiting Private Monopoly and Fair Deal as Core
In this article I compare with the law of securities fund between China and foreign countries on the obligation of securities fund manager, including the contents, the supervision and legal liability.
The liability of bank is full of liquidity, which the capital of bank lack, that is why the risk of payment exists when the floating capital can not satisfy the need to pay floating debt or the bank could not raise funds to pay matured liability, the risk will exist in bank, and the operation of bank will be confronted with the risk of insolvency.
Bankrupt means the juristic act that on the condition of that the debtorcan抰 liquidate the matured liability ,the court censor the case by law, andthen take specific performance with the total possession of the debtor ,andliquidate the debt and put justice to the creditor.
The traditional partnership enjoys the conduit tax treatment, however, each partner is under the high risk of unlimited personal liability for the debts of the business.
In orderto make sure that the partners undertake unlimited liability to the partnership,the draftshould prescribe that the bankruptcy of partnership can lead to the bankruptcy ofpartners, but it should also allow the partners to provide assets to liquidate their debtsto avoid joint bankruptcy.
However, in China, the enterprises breaking through the law are mainly penalized for the administrative liabilities, focusing less on the civil compensation liability on the environmental damage and criminal liabilities on the environmental crimes.
Nevertheless, a complete environmental liability system is composed by administrative punishment, civil compensation and criminal sanction, none of which is dispensable.
In this work, the liability of welded joints to HSC without removal of the carrying layer is investigated, which has considerably enhanced the information content of the results.
To unambiguously identify spilled oils and to link them to the known sources are extremely important in settling questions of environmental impact and legal liability.
Abstract The protection of the rights and interests of the creditors of a company has always been an issue for concerm by China's Company Law, since the establishment of the limited liability system prevents the creditors from having access to the shareholders' private properties and wealth. China's Company Law stipulates three basic ways of protecting the creditors' rights and interests. However, due to the drawbacks in some provisions of the Company Law, the effect that should have been achieved wit...
Abstract As the mark of companys personality separate,limited liability has been recognized by modern company law for its available and efficient role.As the guarantee of companys personality separate,unlimited liability has also been recognized by modern case law for its important role.Chinas company law should include some articles on unlimited liability.
According to the Law of Economic Contracts and the Regulations for Management of Waterborne Cargo Transportation of China, this paper makes analyses on the liability and exemptions of the carriers in links of coastal transportation to which the Maritime law is not applied, and thus offers measures for preventing claims to the carriers.