Understanding Corporations: Concepts, Articles, and Organs
Corporation Basics
1. Concept
A corporation operates under a specific name and is composed of partners whose liability is limited to their payment for shares. Key elements include capital and partners. A corporation can exist under a specific designation.
2. Articles of Incorporation: Legal Requirements
The legal system mandates the following in the articles of incorporation:
- Capital must be exhibited.
- The number, nominal value, and nature of the shares.
- The form and terms of dividends payable on unpaid
Jeremy Bentham’s Legal Philosophy and Impact on Law
Bentham’s Legal Philosophy
Interpretation of Law
The second challenge involves interpreting rules. Law, a mandate reflecting legislative intent, is interpreted by judges. While judges seem subordinate to the legislature, Bentham’s interpretation suggests they seek the mens legislatori. This adds a positive duty: proposing legislative amendments when laws are inadequate.
Legal Codification for Safety and Equality
Bentham believed law is essential for safety, which secures rights. Codification ensures
Read MoreThe Enduring Legacy of Roman Law: Commercial and Legal Principles
The Enduring Legacy of Roman Law
Commercial law, with its various receivables and characteristic abstraction, resembles a modern version of the Roman stipulatio, an abstract method for obtaining obligations without stating the reason. The complex types of joint liability created by the Romans also form the background of these legal instruments.
Similarly, various commercial contracts (commercial sale, transport, and insurance) are built on civil guidelines, therefore, Roman. Even banking operations
Read MoreUnderstanding Labor Law: Rights, Duties, and Principles
Internal Sources: The Constitution is the highest legal authority, superseding all other laws. All rules and laws must be developed from the Constitution. The job content includes fundamental rights, freedoms of citizens, and economic and social principles that guide the policies of governing bodies.
Laws: These originate from the courts and the government:
- Organic Laws: Govern matters relating to the development of fundamental rights and civil liberties.
- Ordinary Laws: All laws passed by the Parliament
Understanding Legal Formalism: Definition, Concepts, and Impact
Understanding Legal Formalism
1. Legal Formalism Defined
Legal formalism is an ambiguous term referring to the idea of certainty and determinacy in law. In effect, it limits the interpreter’s task, reducing their discretion and dictating the right choice for every problem. This certainty is a technique for the jurist’s task. It also refers to the autonomy or purity of law, making it independent of any other substantive or sociological consideration. Legal issues can be resolved with legal standards.
Read MoreUnderstanding Sources of Law, Legislative Process, and Legal Acts
Sources of Law: An Introduction
Sources of law are the origins from which legal rights arise, essentially the means by which rules of law are established. These sources can be categorized as follows:
Historical Sources
Historical sources include documents that provide background for the establishment of a rule of law, such as the sentiments of a nation.
Material Sources
Material sources encompass all societal phenomena that influence the content of legal norms.
Formal Sources
Formal sources refer to the
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