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Yuanshi Bu (ed.)

Chinese Civil Law

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2013

Results in this title

. Legal Capacity, Legal Representative and Agency S. 31-46

„… Hui Zheng 26 Chapter 2. Legal Capacity, Legal Representative and Agency Literature: CAI Hui …” „… (李云波), Monism in the Civil Capacity of Legal Person (法人民事能力一元论), Journal of Yangzhou University …” „… Contract Law (我国新合同法中的表见代表制度评析), Modern Law Science (现代法学) 2000, No. 5, 114-117. I. Legal Capacity 1 …”

. Subjects of Civil Relations S. 343-360

„… appropriate point at which to start an analysis. 1. Legal Capacity for Civil Rights In essence, a natural …” „… person’s capacity for civil rights is a legal term with a broad meaning. Art. 9 of the GPCL clearly states …” „… patriae of such persons.14 4. Legal Capacity for Civil Conducts A natural person’s capacity for civil …”

. Family, Marriage, and Succession S. 361-377

„… mainly the capacity of a testator, and the legal effects and contents of the testament, are dealt with …” „… (张伯仲), Private International Law (国际私法), Beijing 2010. I. Marriage China’s major legal instruments …” „… willingness of “a man and a woman”. Legal requirements on marriage are generally divided into substantive …”

Titelei/Inhaltsverzeichnis S. 1-21

„… .............................................................................. 25 Chapter 2. Legal Capacity, Legal Representative and Agency ............................... 26 I …” „… . Legal Capacity …” „… ............................................................................................. 339 1. Legal Capacity for Civil Rights …”

. Acquisition of Ownership S. 282-306

„… (论《物权法》确立的物权变动新模式), Legal Forum (法学论坛) 2011, No. 4, 54- 64. JIA Lianjun (贾连君), The Impact of the Principle of …” „… China’s Real Rights Law (中国物权法的成就与不足), Legal Forum (法学论坛) 2008, No. 5, 21-28. LU Chunya (鲁春雅), On Moment …” „… of Bona Fide in Bona Fide Acquisiton of Real Estate (论不动产善意取得制度中善意判断的时点 ), Legal Forum (法学论坛) 2011 …”

. Statute of Limitations S. 47-60

„… Actions by Claim Submission to the Court (对我国《民法通则》关于起诉引起诉讼时效中断规定的反思与重构), Legal Forum (法学论坛) 2006, No. 5 …” „… Dongai (余冬爱), The Legal Analysis and Judicial Implementation of Statue of Limitations (诉讼时效法定性的 …” „… Chinese law, a statute of limitations refers to the period during which a citizen or a legal person is …”

. Overview S. 22-30

„… ), Beijing 2011. LI Minghua (李明华), Civil Legal Capacity of Partnership Business (论合伙企业的民事权利能力), Journal of …” „… Civil Law (中国民法学三十年), Beijing 2008. ZHANG Chi (张驰), The Analysis of Legal Person's Ability (法人能力论 …” „… people”. In the current Chinese legal system, the Constitution1 sets out (i) the fundamental rights …”

. Condominium Property S. 307-313

„… the general meeting of the proprietors has legal capacity. Resolutions on major matters must be …” „… , 39-48, cited as CHEN Huabin (2011a). CHEN Huabin (陈华彬), Detailed Exploration of the Legal Institution …” „… of the General Meeting of the Proprietors (业主大会法律制度探微), Legal Science (法学) 2011, No. 3, 67-74, cited …”

. Overview S. 176-208

„… the Legal Affairs Commission (LAC) for Civil Law (全国人大法工委民法室) (ed.), Legislative Background and …” „… and 12 of the Law on Tort Liability (共同危险行为与原因竞合 ——《侵权责任法》第 10 条、第 12 条解读), Legal Forum (法学论坛) 2010 …” „… Article of High-Danger-Liability (论高度危险责任一般条款的适用), China Legal Science (中国法学) 2010, No. 6, 152-164. WANG …”

. Formation and Validity of Contracts S. 70-86

„… contract will generally be valid if (i) it is made by the parties who possess corresponding legal capacity …” „… ground.35 c. Contracts with Pending Validity Contracts concluded by persons with limited civil capacity …” „… legal representative or the principle. In both cases, the other party is entitled to demand the legal …”

. Special Types of Torts S. 218-260

„… 的解释论——以《侵权责任法》第 85 条为中心), Tsinghua Law Journal (清华法学) 2011, No. 1, 26-42. JIANG Xueyue (蒋学跃), A Legal Person’s …” „… Tortious Liabilities: In Perspective of the Nature of the Legal Person (法人侵权责任能力的理论预设与制度设计——以法人本质理论为线索 …” „… Employer’s Liability, Liability of a Helper and Liability of a Legal Person …”

. Overview S. 264-281

„… has acknowledged (partial) legal capacity of 18 Cf …” „… ), The Achievements and Shortcomings of China’s Real Rights Law (中国物权法的成就与不足), Legal Forum (法学论坛) 2008 …” „… among legal scholars,4 it has not gained the legislator’s acceptance. Secondly, it was argued that the …”

. Performance, Termination and Cancellation S. 87-110

„… 履行中的同时履行抗辩权——兼释合同法第六十六条及其适用中的相关疑难问题), Legal Forum (法学论坛) 2007, No. 3, 15-18. WANG Chuang (王闯), Issues on the Application of Law in …” „… Exercising the Right of Subrogation (论代位权的行使要件), Legal Forum (法学论坛) 2001, No. 1, 36-45. WANG Liming (王利明 …” „… various legal systems under the guise of other concepts such as frustration of purpose”.19 In modern …”

. Particular Types of Contracts S. 136-172

„… Matter of Lease Contracts and Contractual Remedies ( 租赁标的瑕疵与合同救济), China Legal Science (中国法学) 2011, No. 5 …” „… ), The Inconformity and its Solution of the Gift Contracts System in China (论我国赠与合同体系之不协调性及其解决), Legal …” „… 论赠与合同的立法及司法实践), Chinese Legal Science (中国法学) 1999, No. 5, 64-73. TONG Xinqiu (佟欣秋), Differentiation and …”

doi.org/10.5771/9783845266350

Makoto Arai, Ulrich Becker, Volker Lipp - Adult Guardianship Law for the 21st Century

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Makoto Arai (ed.), Ulrich Becker (ed.), Volker Lipp (ed.)

Adult Guardianship Law for the 21st Century

Series: Schriften zum Familien- und Erbrecht

Volume 9 2013

Results in this title

Hiromi Shiraishi Workshop 5: Legal Aspects of Mental Capacity S. 261-265

„… 261 Workshop 5: Legal Aspects of Mental Capacity Hiromi Shiraishi∗ Workshop 5 dealt with …” „… Law School, whose paper was Issues of restricting “legal capacity” in the current statutory …” „… legal capacity, (c) excessive restriction on legal capacity and (d) lack of the principle of necessity …”

Volker Lipp Guardianship and Autonomy: Foes or Friends? S. 103-111

„… authority restricting the legal capacity of the ward or even removing it completely. Under this system …” „… , appointing a guardian and restricting legal capacity are two sides of the same medal. Due to his …” „… also, albeit in a very varying manner, restricting the legal capacity of the ward. Against this …”

Inhwan Park The new adult guardianship system in the proposed amendment of the Korean Civil Code S. 311-323

„… received this declaration (ward) has his or her capacity for conducting a legal act restricted or totally …” „… person who can do nothing”, because they lose the capacity to make a decision for performing a legal act …” „… capacity to make a decision caused by aging, mental illness or intellectual disability. According to this …”

Kees Blankman Guardianship systems in Europe and continuing powers of attorney S. 39-45

„… ground of addiction to drugs or alcohol. Full guardianship included total loss of legal capacity and the …” „… own. Because he has lost his legal capacity he had to be represented by his guardian, and in the case …” „… lost his legal capacity and therefore could not start any procedure at all. The European Court in …”

Hiroshi Takahashi, Tadahiro Tominaga Asian Day: Report S. 281-293

„… of his or her legal decision making capacity. In addition, it does not have guardianship supervisory …” „… regarded as having no capacity to make a decision, and a legal act conducted by such person becomes invalid …” „… introduction of the Mental Capacity Act 2005. The Mental Health Ordinance 1962 remains the basis of the system …”

Shoichi Ogano Workshop 1: Personal Affairs and Consent to Medical Treatment S. 227-251

„… legal capacity of the ward is not restricted. The capacity of the ward must be respected even when a …” „… the ward to receive medical treatment if he/she has lost the capacity to consent. The Legal …” „… (Professor, Faculty of Law, Waseda University, Japan) 241 V. Minoru Maeda (Legal-Support Adult Guardianship …”

Anita Smith The Essential Elements of Effective Guardianship – An examination of the appointment, monitoring and review of effective guardians S. 149-163

„… Article 12 of the Convention because the act of appointing a guardian undermines the legal capacity of an …” „… Guardianship 151 safeguards shall ensure that measures relating to the exercise of legal capacity respect …” „… disabilities to ensure that their legal capacity is protected. For instance, on occasions a guardian (most …”

Hsiu Hsiung Lin Guardianship Law for Adult Conservatee in Taiwan S. 305-311

„… received this declaration (ward) has his or her capacity for conducting a legal act restricted or totally …” „… for a guardian 306 III. Informing recording office 307 IV. The duty of a guardian 307 1. Legal …” „… of the commencement of guardianship has no capacity to perform any juristic act and his/her acts in …”

Daniel Koh The Mental Capacity Act – A Singapore Perspective S. 299-305

„… 299 The Mental Capacity Act - A Singapore Perspective Daniel Koh∗ A. Introduction 299 I …” „… IV. Rise in incidence of Dementia 300 B. Mental Capacity Act 300 I. Assessment of Mental Capacity …” „… Mental Capacity Act in Singapore, and the experience the Singapore Public Guardian’s office had gone …”

Maria Mammeri-Latzel Overview of German Adult Guardianship Law from the Perspective of a German Judge (1st instance) S. 121-125

„… loses (legal) capacity. This instrument is used frequently in recent years. In June 2009 916,091 of …” „… a probate judge: “Do I lose legal capacity now?” And I am very happy to say, “No, your legal …” „… capacity is not affected by limited guardianship.” Even if guardians are appointed, as a rule legal …”

Michael Haußner Guardian Law – Support Systems in Germany S. 77-85

„… — Vormundschaft — the ward has lost his capacity of contracting, under custodianship the legal capacity is not …” „… full legal capacity of contracting as well as all citizen’s rights, such as marrying, voting or making …” „… legal capacity of the person concerned. Every person no longer able to manage his or her legal matters …”

Jay Chalke Vision for 2020 – Trends in Law, Policy and Services S. 45-59

„… a “Right to Legal Capacity”. Can PGTs stay relevant and can services delivered under these …” „… & Projected Care Types The allocation of this increasingly acute shortfall will present legal, ethical …” „… Canadian jurisdictions − Generally Canadian law reform: − Increased legal protections − Minimized …”

Fukiko Nakayama Issues Surrounding the Continuing Power of Attorney System in Japan S. 145-149

„… and seeing to their social welfare needs when their capacity to make a decision has become impaired …” „… . Preparing for one’s own needs in old age requires a legal system that designates in advance a trustworthy …” „… question, if his or her capacity to make a decision is impaired. The objective of the continuing power of …”

Peter Whitehead The Evolutionary Themes of Our International Conferences S. 221-226

„… the agenda are: – Legal support systems – Mental capacity – Trust and guardianship law – Acquired …” „… . Collaborations with community and legal education 224 B. Collaborations with government policy makers 225 C …” „… . There was a huge focus on capacity and the need for a presumption of capacity in dealing with our …”

Charles Chiu Chung-yee Adult Guardianship in Hong Kong S. 59-63

„… 59 Adult Guardianship in Hong Kong Charles Chiu Chung-yee∗ A. Mental Capacity Law of Hong Kong …” „… A. Mental Capacity Law of Hong Kong Hong Kong’s mental capacity law and statutory adult …” „… legal criteria as stated in s.59O(3), Mental Health Ordinance. In simple terms, the merits of an …”

Lusina Ho Trust and Confidence: Developing a Comprehensive System for Adult Guardianship in China and Hong Kong S. 293-299

„… treatment and property affairs when capacity is lost; the provision of a range of services from assistance …” „… limited capacity for civil conduct’. Article 15 further provides that a mentally ill person loses his …” „… capacity for civil conduct if he is unable to account for his own conduct. The concept of mental illness …”

Donovan Waters The Use of the Private Trust in the Aging Society of Today S. 169-199

„… occurred, but legal capacity22 remains and finally (3) the years of being nursed, with or without legal …” „… , trust and legal person (incorporation) 174 I. Agency 174 II. Legal personification 175 III. Trust 176 …” „… , historically and today, this is where the trust plays its part. For generations it was thought of as a legal …”

Rebecca C. Morgan Least Restrictive Alternative, Limited Guardianship and the Ward’s Autonomy. Trends in the United States in the 21st Century S. 135-145

„… where the concept of capacity is used, the required incapacity for the appointment of a guardian is no …” „… his or her own behalf, and to develop or regain capacity to manage personal or financial affairs …” „… have continued to be revised to provide or improve protections for those alleged to lack capacity or …”

Laura Watts Elder and Guardianship Mediation S. 217-221

„… the perspective of older adults and in particular we look a lot in the area of mental capacity and …” „… within the context of what capacity means in Canada. In Canada across the country, well as we have heard …” „… states, if you will. Having said that, key themes arise, and in Canada we must always ask capacity to do …”

Denzil Lush Adult Guardianship Proceedings and the Media S. 111-121

„… matters, and the way in which they quietly championed the liberties of adults who lacked capacity. It was …” „… 116 ity of the Court of Protection arises just because the reduced capacity of the individual …” „… assumption that, just as the conduct of their lives by adults with the necessary mental capacity is their …”

Robert M. Gordon Developing Alternatives to Guardianship: A Canadian Perspective S. 69-77

„… the legal capacity is not affected. Due to the abolishing of Vormundschaft in German law, I will use …” „… .” “Custodianship” means that the ward keeps full legal capacity of contracting as well as all citizen’s rights …” „… I would begin very briefly by providing a primer on the Canadian legal framework within which …”

Masao Onuki Activities of the Japan Adult Guardianship Law Association S. 213-217

„… face-to-face legal counselling and visiting counselling services regarding guardianship for adults and the …” „… Shishoshis (solicitors). The Japan Federation of Shiho-Shoshi Lawyer’s Associations created Legal Support …” „… , an incorporated association, in December 1999, in order to stably support the people whose capacity …”

Titelei/Inhaltsverzeichnis S. 2-10

„… change of perspective also within the field of legal protection of adults from a welfare based approach …” „… on adult guardianship. Whereas different legal systems have developed different forms of adult …” „… 2010. It brought together experts in the field of legal protection of adults, academics as well as …”

Ulrich Becker Guardianship and Social Benefits Law S. 25-39

„… presuppose the legal capacity of the constituent. Even if guardianship has already been appointed for a …” „… legal capacity of the potential constituent. The advance comprehensive directive could even be issued …” „… 32 D. Interrelations and process of convergence (legal principles) 33 I. Traditional interrelations …”

Sally Balch Hurme Guardianship Trends in the United States S. 85-91

„… witnesses, to legal representation, and to clear and convincing evidence of the need for a guardianship. The …” „… cross-discipline handbooks on issues of assessment of capacity.8 In each handbook, the …” „… & National College of Probate Judges, Judicial Determination of Capacity in Older Adults in Guardianship …”

Makoto Arai Ten Years’ Experience of Japan’s Adult Guardianship Law of 2000 S. 13-25

„… self-determination of principals who had lost their mental capacity under the contemporary legal code, even with the …” „… as a system for protecting adults whose mental capacity or judgment was impaired, including elderly …” „… principals to express their wishes while their mental capacity is still intact, and to ensure that those …”

Andreas Kruse Dementia and Quality of Life – an Empirical and Ethical Approach S. 95-103

„… of demented people it is necessary to address issues such as these from a legal and ethical …” „… perspective, while also bringing in perspectives from other disciplines such as research into ageing.1 Legal …” „… menschlichen Lebens, Heidelberg 2010. Andreas Kruse 96 sis must be given to intensive discourse with legal …”

Laura Watts Workshop 4: Protection of the Elderly and Adult Guardianship S. 259-261

„… Workshop 5: Legal Aspects of Mental Capacity Hiromi Shiraishi∗ Workshop 5 dealt with “Capacity” in terms …” „… Solutions Perpetual Trustee Company Limited from Sydney, Australia introduced the definition of capacity …” „… voluntary decision making in his agenda “Capacity and Guardianship: what about vulnerability?”. When a …”

Nobuyuki Koike Toward Support for Guardians/Volunteer Guardians S. 91-95

„… principal’s judgment capacity has become impaired and the continuing power of attorney system in which the …” „… beyond the capacity of the present system to support them. A new support organization needs to be built …” „… quality of life of demented people it is necessary to address issues such as these from a legal and …”

Yu Haga Workshop 2: Quality and Training of Volunteer Guardian S. 251-257

„… . Mayumi Mochizuki (Vice-Administrative Director, Adult Guardian Center Legal Support, Japan) 251 II. Mr …” „… Guardian Center Legal Support, Japan) (1) In Japan, two guardianship systems have been implemented since …” „… - ∗ Solicitor, President of the Adult Guardian Center Legal Support and President of the Japan Adult …”

Thomas Meyer Adult Guardianship Legislation in Germany S. 125-135

„… the law (1) … (2) States Parties shall recognize that persons with disabilities enjoy legal …” „… capacity on an equal basis with others in all aspects of life. With paragraph 2, the General Assembly of …” „… the United Nations distanced itself from the legal systems, where persons with disabilities are …”

Emiko Yamada The Aim of the Adult Guardianship System in Shinagawa Ward S. 199-204

„… households with a single elderly person or an elderly couple, whose household nursing capacity is expected to …” „… for their own benefit and living assistance tailored to the remaining capacity of the ward. In order …” „… . Emiko Yamada 202 At this point the Shinagawa Ward Council on Social Welfare has acted as the legal …”

Keiko Kobue Workshop 8: Higher Brain Dysfunction and Guardianship for Adults S. 269-280

„… cycle of custody and the community. The presentation highlighted the significant cultural, legal and …” „… caused under the situation based on cultural, legal and human rights issues different from those in …” „… Mental Capacity Act are appointed annually. The number of cases involving the payment of compensation is …”

Kees Blankman Workshop 3: Continuing Powers of Attorney (CPA) S. 257-259

„… knowledge of national legal systems and international developments was offered in the workshop by …” „… made some remarks about the need to petition for a supervisor in a situation in which the capacity of …”

doi.org/10.5771/9783845246734

Finn Arnesen, Halvard Haukeland Fredriksen, Hans Petter Graver, Ola Mestad, Christoph Vedder - Agreement on the European Economic Area

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Finn Arnesen (ed.), Halvard Haukeland Fredriksen (ed.), Hans Petter Graver (ed.), Ola Mestad (ed.), Christoph Vedder (ed.)

Agreement on the European Economic Area

Series: Kooperationswerke Beck - Hart – Nomos

Volume 2018

Results in this title

Thomas Chr. Poulsen Article 44 [Legal capacity, privileges and immunities, headquarters agreements] S. 1065-1066

„… the former RoP of the ECJ of 19 June 1991. RoP Art. 98 Art. 210 ECJ RoP Article 44 [Legal capacity …” „… , privileges and immunities, headquarters agreements] 1. The legal capacity, privileges and immunities to be …” „… and granted in connection with it. Protocols 6 and 7 contain detailed rules on legal capacity …”

Christian Frommelt Liechtenstein and the EEA S. 35-59

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 IV. Other agreements with the EU . . . . . . . . . 23 V. EEA law in the Liechtenstein legal order …” „… reports it concludes that Liechtenstein, due to an efficient bureaucracy, a favourable legal culture and …” „… Liechtenstein shares with the EU. In the remaining sections we will show how the EEA is embedded in the legal …”

Christophe Hillion Article 128 [Accession to the EEA Agreement] S. 961-968

„… that have the legal capacity to conclude international agreements. Yet, the question has been raised as …” „… purpose of accession to the EEA is less that the applicant is formally a “state” than its legal capacity …” „… organisation endowed with the legal capacity to conclude international agreements. The Agreement must be …”

Thomas Chr. Poulsen Article 43 [Statute and Rules of procedure of the EFTA Court] S. 1056-1065

„… . 98 Art. 210 ECJ RoP Article 44 [Legal capacity, privileges and immunities, headquarters agreements …” „… ] 1. The legal capacity, privileges and immunities to be recognized and granted by the EFTA States in …” „… contain detailed rules on legal capacity, privileges and immunities for ESA and the EFTA Court …”

Per Andreas Bjørgan Article 4 [Establishment of the EFTA Surveillance Authority] S. 984-987

„… organisation with legal personality, with the capacity to contract, to acquire and dispose of movable and …” „… presence and diplomatic status there. Protocol 6 SCA stipulates in more detail the rules on legal capacity …” „… . When the relevant EU legal acts (directives, regulations or decisions) are incorporated into the EEA …”

Per Christiansen Article 39 [Actions for non-contractual liability] S. 1048-1050

„… concerns the legal capacity, privileges and immunities of the Court. It is likely that the reference should …” „… have been to Protocol 6 SCA on the legal capacity, privileges and immunities of ESA.11 Art. 42 of the …” „… jurisdiction to determine the non-contractual liability of ESA. The legal basis for ESA’s liability is Art …”

Peter-Christian Müller-Graff Article 77 [Provisions on company law] S. 742-751

„… other liabilities is with the EEIG, due to its legal capacity, as well as with the members of the EEIG …” „… States in a legal environment of company law that resembles familiar characteristics of company law in …” „… . Consequently, Annex XXII is a breathing register of the current EU legal acts on company law which are relevant …”

Peter-Christian Müller-Graff Article 34 [Right of establishment for companies] S. 434-450

„… appropriateness and necessity.77 These requirements are not met if the legal capacity which a company enjoys in …” „… denial of the legal capacity of a company incorporated (with this capacity) in another EEA State has to …” „… factual and legal context of the proportionality assessment. Based on these differences it would be …”

Convention establishing the European Free Trade Association EFTA Convention S. 1103-1125

„… apportionment of those expenses between the Member States. Article 45 Legal capacity, privileges and …” „… immunities 1. The legal capacity, privileges and immunities to be recognised and granted by the Member States …” „… territory the headquarters will be situated an agreement relating to the legal capacity and the privileges …”

Simen Hammersvik Article 65(1) [Public procurement] S. 612-641

„… in the secondary legislation.1 The legal basis for the EU Acts on public procurement is found in the …” „… Annex was amended as part of the Interim Package,6 so that it referred to eight legal acts.7 This meant …” „… private entities in the utilities sectors and introducing legal procurement-specific remedies. Accordingly …”

Finn Arnesen, Halvard Haukeland Fredriksen The Contracting Parties S. 145-150

„… organisation with legal capacity, but the EFTA Member States have not vested it with any competence to enter …” „… legal perspective, the Commission’s view was the most convincing.4 In any event, subsequent developments …” „… in the Union’s Legal Order’ in part I of this book. 2 See Art. 43 of the EFTA Convention, whose …”

Article 124 [Non-discrimination of investments] Henrik Bull S. 939-942

„… . Legal Content With Art. 124 having lost its significance, a discussion of its legal content has no …” „… in Art. 34 (1) EEA.10 In other words, the provision protects both natural and legal persons in their …” „… capacity as investors. The right to equal treatment concerns participation in the capital of companies …”

Per Christiansen Article 30 [Members] S. 1021-1025

„… Chief Justice; Kurt Herndl (1994-1995), ambassador; Sven Norberg (1994-1995), Director of Legal Affairs …” „… , EFTA Secretariat in Geneva; Gustav Bygglin (1995), legal secretary, EFTA Court; Carl Baudenbacher (1995 …” „… a group of Norwegian legal scholars, alleging that the reappointment for a period of three years was …”

Christophe Hillion Article 127 [Withdrawal from the EEA Agreement] S. 953-961

„… could be argued that the there is a, rebuttable, presumption that a number of the legal positions of the …” „… treatment to all natural and legal persons of the Contracting Parties. When Finland became an EU Member …” „… and the EEA, thus preventing legal uncertainty. But it has also been suggested that withdrawal could …”

Karl Harald Søvig Article 70 [Equal treatment of men and women] S. 683-690

„… . 75/117), the directives originally mentioned in the Annex had their legal basis in provisions in the …” „… there had been ‘substantial changes’ in the legal framework of the Union since the entry into force of …” „… be applied as ‘a legal basis to decide the present application either directly or by analogy’.13 …”

Martin Hennig Article 47 [Scope of application] S. 500-517

„… into the UK legal system. However, this option does not sit well with the idea of preserving national …” „… significant acts, which have sometimes caused political or legal challenges, will be presented here. It should …” „… integrated into the legal framework of the EU, but is not part of the EEA Agreement and is therefore not …”

Ólafur Jóhannes Einarsson Article 30 [Recognition of diplomas, certificates] S. 391-400

„… in the legal framework. 26 See also Fredriksen and Franklin, ‘On Pragmatism and Principles: The EEA …” „… self-employed capacity. The EFTA Court sustained ESA’s application to the effect that this was in breach of Art …” „… minimum duration of studies for these professions. The EFTA Court dealt with the legal effects of …”

Per Christiansen Article 34 [Advisory opinion] S. 1032-1040

„… a step in proceedings that have begun and will be finalised within a national legal system. The …” „… procedures cannot be appealed, exercises a judicial function in that capacity (see Case E-23/13, 9.5.2014 …” „… hypothetical, or where the Court does not have before it the factual or legal material necessary to give a …”

Index S. 1125-1141

„… – language III 20 1 – legal capacity, privileges and immunities III 4 6 – letter of formal notice III 22 13 …” „… separation II 63 6 Act No. 2/1993 – adopted the EEA Treaty I ISL 7 – legal force in Iceland I ISL 49 …” „… the free movement of persons I CH 15, 16 Agreements II 53 3 – EU-Norway I NOR 9 – legal effects I …”

Titelei/Inhaltsverzeichnis

„… enlargement of the small community of academics with an interest in the legal affiliation of the EFTA States …” „… development of a homogeneous and dynamic legal regime for an enhanced European free trade market, based on the …” „… basic legal links to the European Union and its internal market, thereby also implying a substantial …”

Karin Fløistad Article 28 [Free movement of workers] S. 369-385

„… are, parallel to the EU legal order, convinced that individuals will play an important role in the EEA …” „… and reside, in the EU legal order, only applied to economically active persons, i.e. workers (now Art …” „… , stemming from Union citizenship. The concept of ‘citizenship of the Union’ in the EU legal order …”

Ólafur Jóhannes Einarsson Article 33 [Exemptions] S. 423-434

„… law.27 It follows from the Court’s case law that the fundamental rights guaranteed in the EEA legal …” „… and the EFTA Court, pp. 263-280 and Wahl, ‘Uncharted Waters: Reflections on the Legal Significance of …” „… professional knowledge regarding the Liechtenstein legal system, the EFTA Court stated that it sufficed to …”

Halvard Haukeland Fredriksen EEA law in and beyond the text of the Main Part of the EEA Agreement S. 124-145

„… . EFTA is an international organisation with legal capacity, but the EFTA Member States have not vested …” „… market to include the EFTA States.3 At the time of signing, 1.875 EC legal acts were part of the …” „… Agreement. Since then, almost 10.000 EU legal acts have been incorporated by decisions of the EEA Joint …”

Christian Franklin Article 3 [Principle of loyalty] S. 180-196

„… the EEA legal system. It applies in all fields covered by the EEA Agreement, and is linked to all EEA …” „… necessarily synonymous with) a number of other EU/EEA legal principles. As we shall see, certain aspects of …” „… principles, in light of the vastly diverging nature of the EFTA Convention compared to the EEA and EU legal …”

Halvard Haukeland Fredriksen Article 111 [Dispute resolution in the EEA Joint Committee] S. 865-883

„… Committee about the EEA-relevance of novel EU legal acts, the legal consequences of the EFTA States making …” „… use of their collective right to block the incorporation of a given legal act into the Agreement (i.e …” „… . the legal consequences of a ‘veto’) and the question of the territorial scope of the EEA law, it seems …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 99 [Participation of EFTA States in EU decision-shaping] S. 797-800

„… facilitate the entry into force of legal acts in the EEA and in the EFTA States as close in time as possible …” „… capacity and may not be subject to instructions from their respective governments.5 II. Decision-shaping …”

Ólafur Jóhannes Einarsson Article 31 [Freedom of establishment] S. 400-420

„… capacity as opposed to Art. 28 EEA which deals with those who move as workers. Ac- 2. 3. 16 Joined cases E …” „… trade unions must be regarded as covered by their legal autonomy, which those organisations enjoy …” „… that the prohibition on discrimination under EEA law, irrespective of its legal basis, required …”

Tarjei Bekkedal Article 59 [Public undertakings, services of general economic interest] S. 568-584

„… and it required some subtle legal sophistry to broaden their scope.2 As it is unnecessary to invoke …” „… influence over public companies or their regulatory capacity in a way which requires undertakings to act in …” „… market.17 Even though the doctrine seems to be well established and is accepted in legal theory,18 it has …”

Thomas Chr. Poulsen Article 42 [Protocols and Annexes as integral part of the SCA] S. 1051-1056

„… , see comments on Art. 43 SCA. Protocols 6 and 7 on the legal capacity, privileges and immunities of ESA …”

doi.org/10.5771/9783845275796

Thomas M.J. Möllers, Hao Li - The General Rules of Chinese Civil Law

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Thomas M.J. Möllers (ed.), Hao Li (ed.)

The General Rules of Chinese Civil Law

Series: Augsburger Rechtsstudien

Volume 87 2018

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Raphael Koch, Finn Mrugalla Comment: Natural Person in German Civil Law S. 117-130

„… legal capacity of human beings can be found. However, there are still important differences in detail …” „… person and the legal capacity beyond death. The German and Chinese systems of capacity also differ in …” „… family court. Keywords: Natural Person, Legal Capacity, Capacity to act, Capacity to contract …”

Hongjie Man The Law of Natural Persons in the New General Rules of Civil Law: Innovations, Debates and Prospects S. 89-116

„… : Citizen (Natural Person), Natural Person, Legal Capacity, Guardianship. ____________________ * Dr …” „… conduct”, which are similar to the “legal capacity” and “capacity to contract” used in the German Civil …” „… that “the legal capacity of a human being begins with the completion of birth.” The new GRCL follow …”

Thomas M.J. Möllers, Hao Li Introduction S. 9-16

„… GRCL in the field of natural persons. Section 16 GRCL for the first time bestows legal capacity even …” „… approximately 24 million persons in China will be limited in their legal capacity by 2040. Whilst the interests …” „… Natural Person in German Civil Law”, legal capacity in German Civil Law is bestowed on an individual with …”

Hao Li The Codification of Chinese Civil Law: Innovations and Controversies S. 17-50

„… China. The innovations of the new General Part appear in the field of basic principles, legal resources …” „… legal acts and agency, and limitations of periods. Along with these innovations, quite a few problems …” „… Chinese Civil Code 21 2. A brief list of current Chinese civil legislations and legal resources 23 III …”

Wei Shen An Emperor’s New or Old Clothes? – Understanding Some Basic Principles of China’s General Rules of Civil Law (Summary) S. 51-54

„… . Firstly, the GRCL represent a great shift gearing toward the rights-based legal ideology. As to the …” „… according to law. As to legal persons, the GRCL abide by the basic thoughts of civil law concerning the …” „… classification of legal persons, which fits the reform and development requirements of social organizations. The …”

Yongqiang Chen Civil Juristic Acts: History, Comparison and Issues (Summary) S. 167-170

„… initiate, change or terminate civil legal relationship (Art. 133). Chapter 6 is divided into four sections …” „… without corresponding capacity could be juristic acts with pending validity and become valid through …” „… mandatory on management or on effectiveness depends on the balance between the legal interests protected by …”

Jieqiong Li Civil Liability Provisions in the General Rules of Civil Law S. 271-294

„… coincidence of legal liability. In comparison to the General Principles of Civil Law of 1986 (GPCL), the …” „… and Martyrs 288 11. Concurrent Liability 291 12. Coincidence of Legal Liability 292 IV …” „… as a corresponding legal concept in civil law. The scholars are afraid that the legal concept of …”

doi.org/10.5771/9783845291109

Dagmar Coester-Waltjen, Volker Lipp, Donovan W.M. Waters - Liber Amicorum Makoto Arai

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Dagmar Coester-Waltjen (ed.), Volker Lipp (ed.), Donovan W.M. Waters (ed.)

Liber Amicorum Makoto Arai

2015

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Michael Ganner, Maria Isolina Dabove Developments in Austrian and Argentine Guardianship Law S. 318-340

„… Decision-Making Capacities Legal capacity is the power provided by law to make decisions about legal acts …” „… (Handlungsfähigkeit). Only decisions based on legal capacity lead to the validity of legal acts and the responsibility …” „… of the e.g. contract partners. Because of the risks legal acts bear, a certain mental capacity is …”

Dagmar Brosey Supported Decision-making and the German Law of BETREUUNG. A legal perspective on supported and substitute decision-making regarding Art. 12 CRPD S. 125-141

„… term guardianship is still linked with the denial of legal capacity, removal of rights and mostly …” „… defined as systems where (i) legal capacity is removed from a person, even if this just applies to a …” „… ensure that persons with disabilities enjoy the right to legal capacity on an equal basis with others.7 …”

Anita Smith Should guardianship practices be abolished? S. 609-631

„… recognition under law and of their legal capacity. In other countries, guardianship is an important tool in …” „… shall recognize that persons with disabilities enjoy legal capacity on an equal basis with others in all …” „… access by persons with disabilities to the support they may require in exercising their legal capacity. 4 …”

Kees Blankman The Yokohama Declaration and maximizing autonomy in the Netherlands S. 115-124

„… still contains automatic loss, or limitation, of legal capacity in combination with the appointment by …” „… of the Dutch Civil Code. The result is that the automatic loss of legal capacity in the area of care …” „… automatic loss of legal capacity and, although the loss of legal capacity is no longer a total loss, the …”

Cheolung Je Korean Guardianship under the Influence of the UN Convention on the Rights of Persons with Disabilities S. 393-410

„… advisorship deprive, or restrict, the legal capacity of persons with impaired decision-making ability, and …” „… Han-Jeong-Chi-San) was treated as a minor in terms of the legal capacity to carry out legal transactions with regard …” „… recognized as having legal capacity if that person can enter into legal transactions concerning the purchase …”

Denzil Lush The Evolution of the Statutory Will Jurisdiction S. 498-516

„… persons with disabilities enjoy legal capacity on an equal basis with others in all aspects of life …” „… expressed in Article 12(2) of the CRPD to recognise that “persons with disabilities enjoy legal capacity on …” „… persons with disabilities to the support they may require in exercising their legal capacity” (Article …”

Sieh-chuen Huang Adult Guardianship and Care in Taiwan: An Analysis on Decisions relating to Compensation for Guardian S. 375-392

„… , Article 15-2 recognizes that a person under assistance still has the legal capacity to perform juristic …” „… , it should be emphasized that deprivation of legal capacity (right to act) is against the principle of …” „… elders gradually losing capacity to deal with personal affairs will increase, and the demand for …”

A. Kimberley Dayton, Rebecca C. Morgan An Essay on Reform: Guardianship in the United States S. 192-209

„… of assistance that least interferes with the legal capacity of a person to act in her or his own …” „… been the use of full guardianship, which strips the person under guardianship of all legal rights …” „… consequence of a successful petition was loss of significant legal rights and personal autonomy. But under the …”

David English Amending the UGPPA to Implement the Third National Guardianship Summit S. 247-273

„… exercising their legal capacity.” See Perlin, “Strikers for the Guardians and Protectors of the Mind”: The …” „… one of many legal subjects in the US that are controlled by state, not federal law. There are …” „… has jurisdiction to ap- 4 See Amer. Bar. Ass’n Comm’n on the Mentally Disabled & Comm’n on Legal …”

Lusina Ho Unleashing the Potential of Trust Law for the Elderly: the Hong Kong Challenge S. 363-374

„… ; and third, it discusses the limits of the trust and the advantages of other legal tools, such as the …” „… signed by the trustee alone. This arrangement helps save legal and other expenses in tailoring the …” „… main legal document that beneficiaries normally have the right to see. This is because the person named …”

Donovan Waters The Trust in the International Scene S. 705-723

„… internationally operating legal systems of private law, the Roman civil law and the English-originated common law …” „… fund itself be owned, and creditors other than to the fund excluded. On the other hand the two legal …” „… law and common law as their legal structures. Quebec, colonized by the 17th century settlers from …”

Rudolf Streinz Aktuelle Entwicklungen des Betreuungsrechts in Deutschland. Verfassungsrechtliche, europarechtliche und völkerrechtliche Grundlagen und ihre Umsetzung S. 632-660

„… Stärkung der Selbstbestimmung der Behinderten, deren „legal capacity“42 durch eine Betreuungsvollmacht 38 …” „… Handlungsfähigkeit“ („legal capacity“) genie- ßen, strittig.95 Art. 12 Abs. 3 BRK entspricht mit dem Recht auf …” „… Member States on Principles Concerning the Legal Protection of Incapable Adults. Aktuelle Entwicklungen …”

Chih-Cheng Wang Convergence or Divergence: A Comparative Study on Trustee’s Fiduciary Duties among Japan, Taiwan and the United States S. 681-704

„… their customers with prospectuses met their legal obligation. Either as settlors or beneficiaries, the …” „… providing services in a capacity other than as trustee; and section 802(g) addresses the trustee’s duties …” „… Professor Coffee explained, "Formal convergence requires multiple jurisdictions to enact common legal rules …”

doi.org/10.5771/9783845262017

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