Search results

• Legal Capital
  ...n the wake of potential losses or by introducing a more stringent solvency test. In the case of a serious loss of the subscribed capital, a general meeting ...t German law is somewhat tentatively moving in the direction of a solvency test in order to specify management duties for a GmbH in the vicinity of solvenc
  17 KB (2,482 words) - 16:41, 15 September 2021
• Causation
  ...a sufficient set’) to conceptualize this finding: in the first step, this test eliminates possible causes from the sequence of events, and only in the sec The ‘but for’ test can be read at best impliedly into the general attribution rule of the DCFR
  24 KB (3,853 words) - 17:41, 9 August 2021
• Principle of Proportionality
  ...R 297, 311). In that ECJ judgment, however, the principle served less as a test of an EU measure, but rather as a kind of indirect justification of a strin ...a ‘broad discretion’ and held, regarding the review of the measure, only a test of whether it was ‘manifestly inappropriate’ to be permissible; the ECJ
  25 KB (3,811 words) - 16:51, 15 September 2021
• Habitual Residence
  ...certainty. Although not generally accepted within Europe, the ‘functional’ test has been approved of by some jurisdictions, including England. It is an advantage of the habitual residence test that subjective elements are less important than they are in the law of dom
  13 KB (2,064 words) - 13:43, 19 August 2021
• Business Judgment Rule
  ...usiness discretion and business judgments. Exceptionally, a more stringent test applies to actions of the board. This is especially the case for acts of th ...the taking of control decisions are subject to a [[Good Faith|good faith]] test. While the business judgment rule was developed in the 1920s, courts have o
  22 KB (3,456 words) - 17:34, 9 August 2021
• Mandatory Law (Basic Features of Regulation in European Private Law)
  ...ohibitions and provides for judicial review under a general reasonableness test, according to which a term is not binding if ‘it causes a significant imb ...rties’ rights and obligations…’ (Art 4:110 PECL). This reasonableness test is not restricted to particular types of parties and is therefore also appl
  26 KB (3,907 words) - 08:59, 29 September 2021
• Insolvency (Corporate)
  ...st, leads to a functional convergence towards the balance sheet insolvency test. ...and the enterprise value relevant for the asset side of the balance sheet test, there is a certain functional parallel between imminent cash flow insolven
  24 KB (3,550 words) - 14:09, 24 August 2021
• Merger Control
  ...ct is the creation or strengthening of a dominant position. The additional test of a substantial impediment of effective competition became inoperative bec ...of concentrations are to be judged in accordance with the market dominance test as interpreted by European Courts and the Commission. The regulation confir
  21 KB (3,119 words) - 15:28, 14 September 2021
• Abuse of a Dominant Position
  ...firm has exploited its dominance by charging an excessive price, the SSNIP test exaggerates the breadth of the market since consumers would—if the domina
  22 KB (3,410 words) - 16:57, 5 October 2021
• Banking Law
  ...1 and Art L 312-1. A unified general fairness and reasonableness test is laid down in the European consumer protection ''Unfair Contract Terms Di
  17 KB (2,584 words) - 17:30, 9 August 2021
• European Private Company (Societas Privata Europaea)
  ...continental European corporate statutes. A combined net asset and solvency test is to ascertain whether distributions to shareholders are feasible. If a di ...l is set at €1. The rules on distributions are predicated upon a net asset test: distributions to shareholders may be made only if, after the distributions
  19 KB (2,786 words) - 15:58, 17 August 2021
• Contributory Negligence (Contributory Conduct or Activity)
  ...usation. An example for such an approach was the English last-clear-chance test, according to which the last chance of avoiding the loss was decisive. Anot ...ential) loss is treated as a ‘duty to mitigate the loss’ last-clear-chance test, which is an expression of the general duty to mitigate possible loss resul
  14 KB (2,239 words) - 13:20, 10 August 2021
• Economic Analysis of European Private Law
  ...ing private international law rules of conflict. This includes a balancing test, where the costs of supplying the public good of ‘law’ are to be weighe ...egislature as candidates for harmonized private law rules. The controlling test is whether a (unified) norm of EU private law does in fact significantly lo
  13 KB (2,014 words) - 12:31, 11 August 2021
• Information Society, Copyright Law
  ...ome authors have proposed a more balanced interpretation of the three-step-test (see MPI Declaration, <www. ip.mpg.de/ww/de/pub/aktuelles/declaration_on_th
  26 KB (3,840 words) - 16:31, 19 August 2021
• Capacity
  ...fic case with respect to that particular contract. It applies an objective test of whether a contract is common for persons of his age. A similar approach ...e has some ability to make a rational judgment and then apply an objective test to decide which contracts are valid. Still other legal systems demand an in
  21 KB (3,497 words) - 15:39, 14 October 2021
• Capital Markets Law (International)
  ...imants are concerned, however, the ''Morrison'' ruling still excludes this test. Further legislative action in this area seems to be likely.
  20 KB (3,060 words) - 17:39, 9 August 2021
• Discrimination (Contract Law)
  ...e a decisive factor in the process of risk-assessment (ECJ Case 236/09 – ''Test Achats'' [2011] ECR I-0000). ...law have recently become even stricter than in the US (ECJ Case 236/09 – ''Test-Achats'' [2011] ECR I-0000).
  22 KB (3,256 words) - 17:38, 10 August 2021
• Consumer Contracts (PIL)
  ...w at the consumer’s residence. If the laws suggest different outcomes, the test of favourability remains necessary. ...e of law is comparatively unattractive for the professional. The intricate test of favourability is usually not applied if the consumer already prevails on
  22 KB (3,404 words) - 11:25, 10 August 2021
• Unfair Competition and Freedoms of Movement
  ...ing them as barriers to market integration which need to be justified. The test is whether a national provision of unfair competition law can be justified ...ates to the national market than on national products. Thus, the resulting test as to the factual ''origin-neutrality ''of national provisions on the prohi
  26 KB (3,842 words) - 16:50, 23 September 2021
• State Undertakings in Competition Law
  ...). As a practical matter, the application of the ''market economy investor test'' can be difficult. ...ency. Moreover, it constitutes the reference point for the proportionality test provided for in Art&nbsp;106(2) TFEU/86(2) EC. The exact reach of the propo
  23 KB (3,503 words) - 10:20, 23 September 2021
• State Aid Law
  ...injections by the state should be regarded as an aid; ''market operator'' test for the assessment of commercial transactions between the state and underta ...the state’s performance is in line with market standards (‘market operator test’). State injections of equity or debt capital to undertakings are to be a
  25 KB (3,825 words) - 10:17, 23 September 2021
• Principle of Effectiveness
  ...e specific requirements and rather repeated the general ''Rewe''/''Comet''-test, leaving it to national courts to apply it in the case at hand. While such
  25 KB (3,842 words) - 16:46, 15 September 2021
• Change of Circumstances
  ...d and controlled. This conforms to the English precedent cited above: ‘The test seems to be whether the event which causes the impossibility was or might h ...the bottom of the sea). While the reference point for the proportionality test under the law of impossibility is the creditor’s interest in the performa
  23 KB (3,525 words) - 17:42, 9 August 2021
• European Foundation
  ...non-discrimination principle is presently complicated by the comparability test which must in each instance be undertaken to determine whether the foreign
  14 KB (2,018 words) - 14:39, 17 August 2021
• Reichskammergericht (Imperial Chamber Court)
  ...he applicants draft a legal opinion on a given case (''Proberelation'') to test their qualifications.
  13 KB (2,030 words) - 12:10, 16 September 2021
• Co-Determination
  ...of the ‘real seat theory’ by the [[European Court of Justice (ECJ)]] will test Germany’s quasi-parity co-determination as provided by the Co-Determinati
  16 KB (2,259 words) - 09:40, 10 August 2021
• Information Obligations (Consumer Contracts)
  ...n form a basis upon which to make an autonomous decision. In contrast, the test of reasonableness of contents of standard business terms, which is provided
  16 KB (2,359 words) - 15:58, 19 August 2021
• Verwirkung (Estoppel)
  ...at brings me to estoppel by acquiescence. The parties were agreed that the test for the existence of this kind of estoppel is to be found in the dissenting
  13 KB (2,008 words) - 11:20, 28 September 2021
• Commercial Practices, Aggressive
  Whether a practice is aggressive is determined by reference to a three-step test, which proceeds from the specific to the general ([[Unfair Competition (Bas
  14 KB (2,098 words) - 09:47, 10 August 2021
• Latin America, Influence of European Private Law
  ...the application of Roman law rules only to the degree that they stood the test of ‘sound reason’. This shift away from the ''ratio scripta'' required
  13 KB (2,085 words) - 13:50, 2 September 2021
• Duress
  ...a ''conditio sine qua non'' for the conclusion of the contract (‘but for’ test). However, it is not clear how this relates to the rule of exclusion of a r
  18 KB (2,932 words) - 12:53, 14 September 2021
• European Passport
  ...They may also profit from the European passport subject to an equivalence test. Since these issuers do not have their registered office within the EU, the
  19 KB (2,786 words) - 15:39, 17 August 2021
• Mandatory Disclosure (Securities Markets)
  ...e confidentiality of that information. The responsibility for meeting this test lies with the issuers.
  18 KB (2,675 words) - 09:06, 29 September 2021
• Database Protection
  ...nted approach, the crucial guiding post for these situations should be the test of whether the data in question can be independently obtained by competitor
  19 KB (2,772 words) - 16:13, 10 August 2021
• European Legal Policy
  ...sideration of gender in setting insurance policy tariffs. (Case C-236/09 ''Test Achats'', [2011] ECR I-0000). Even more complex is the problem of whether t
  17 KB (2,605 words) - 15:27, 17 August 2021
• Foreign Law (Application)
  ...ry well include introducing new case law or conducting a constitutionality test.
  19 KB (2,978 words) - 13:17, 18 August 2021
• Advertising, Comparative
  ...I-3095 para&nbsp;44). Underlying the eight conditions is a proportionality test: comparative advertising is permitted (i) when it is capable of informing c
  17 KB (2,609 words) - 17:16, 9 August 2021
• Non-Performance
  ...ept of non-performance. In case of defective performance, in contrast, the test is whether or not the breach of duty is substantial (§§&nbsp;281(1)2 and
  21 KB (3,383 words) - 17:24, 14 September 2021
• Industrial Design Law
  ...l property protection to the extent that they correspond to the three-step test: they must be (1)&nbsp;limited exceptions that (2)&nbsp;do not unreasonably
  21 KB (3,242 words) - 15:48, 19 August 2021
• Discrimination (General)
  ...d by the Court in its judgment on insurance tariffs (ECJ Case C-236/09 – ''Test-Achats'' [2011] ECR I-0000), the principle of freedom of contract will be n
  19 KB (2,924 words) - 17:48, 10 August 2021
• Non-Pecuniary Loss
  ...rtain readership. This judgment of the ECtHR led to a recalibration of the test for balancing privacy and freedom of expression under German law, with the
  20 KB (3,069 words) - 17:15, 14 September 2021
• Competition (Internal Market)
  .... Another example is the delimitation of a market by the so-called ''SSNIP Test'' (small but significant and non-transitory increase in price) which allows
  20 KB (2,995 words) - 09:55, 10 August 2021
• Unfair Competition (Basic Principles)
  ...neral to the specific. If applied in reverse order, they form a three-step-test. In a first step, Annex I to the directive sets out a ‘Black List’ of 3
  21 KB (3,048 words) - 16:39, 23 September 2021
• Unjustified Enrichment
  ...richment but rather protect the defendant by using an extremely subjective test of enrichment when the benefit was forced upon him.
  24 KB (3,789 words) - 10:31, 28 September 2021
• Collective Litigation
  ...oint a lead solicitor from among the parties’ attorneys or it can select a test case to be litigated in a kind of model proceeding. Compared with group act
  21 KB (3,088 words) - 09:44, 10 August 2021
• Insurance Regulation
  ...del of regulation have been implemented in the shape of the Swiss Solvency Test (SST; see Art&nbsp;9(2) Swiss VAG).
  23 KB (3,372 words) - 13:50, 31 August 2021
• Free Movement of Goods
  ...' [1979] ECR I-649, para&nbsp;8). However, justification is subject to the test of proportionality so that there can be a justification only if the measure
  19 KB (2,836 words) - 14:52, 18 August 2021
• Legal Profession
  ...st state (double deontology). The stricter law—provided that it passes the test of proportionality—is applicable if a conflict of laws arises. However, v
  21 KB (3,142 words) - 17:15, 2 September 2021
• Salvage
  ...&nbsp;1(1)) might be a little misleading in this respect. At any rate, the test of whether there was danger or more specifically imminent danger is a rigid
  23 KB (3,646 words) - 14:58, 21 September 2021
• Trusts
  Trusts and their civil law equivalents (eg the ''Treuhand'' under German law) test the comparative law scholar’s imagination and ingenuity on how to cross t
  24 KB (3,679 words) - 15:10, 23 September 2021

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