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Essays in business law

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10 janv. 2026

Contractual Freedom in Price Fixing

Essay - 4 pages - Business law

This document discusses the principle of contractual freedom in determining prices in sales contracts, its limits, and the law's intervention to prevent abusive prices.

22 déc. 2025

Parent/Subsidiary Regime: Tax Neutrality and Abuse Prevention

Essay - 3 pages - Business law

The parent/subsidiary regime is a fiscal device that aims to avoid double taxation of dividends within groups of companies, promoting tax neutrality and fairness in the tax system.

21 déc. 2025

Creating a Holding Company from the Bottom Up: Tax Benefits and Risks

Essay - 3 pages - Business law

Discover the advantages and constraints of creating a holding company from the bottom up, including tax optimization and potential risks.

21 déc. 2025

Fiscal Advantages of Holding Company Structure

Essay - 4 pages - Business law

Explore the fiscal and financial benefits of creating a holding company, including tax advantages and financial leverage, despite potential complexities and costs.

21 déc. 2025

Holding Companies and VAT Liability

Essay - 4 pages - Business law

This dissertation examines the complex relationship between holding companies and Value Added Tax (VAT) liability, exploring the criteria for assessment and deduction rules.

19 déc. 2025

Partnership vs Capital Companies: Key Differences

Essay - 1 pages - Business law

Understand the main differences between partnership companies and capital companies, including their functioning, legal consequences, and regime.

01 déc. 2025

Companies of Persons: A Model Based on Mutual Trust

Essay - 2 pages - Business law

This document examines the concept of companies of persons, a business model founded on mutual trust and the intuitu personae principle, highlighting its strengths and weaknesses.

17 nov. 2025

Decodification and Recodification in Commercial Law

Essay - 6 pages - Business law

This document discusses the fragmentation of commercial law due to decodification and the need for recodification to restore unity in the face of contemporary economic challenges.

28 oct. 2025

Liability Regime of Social Managers

Essay - 2 pages - Business law

The document discusses the liability regime of social managers, their powers, and the balance between their responsibility and authority within companies.

24 sept. 2025

Moral Personality in Company Law

Essay - 5 pages - Business law

The concept of moral personality is a legal fiction that allows companies to have a distinct identity, separate from their individual members, and is crucial in company law, particularly in restructuring operations.

16 sept. 2025

Accordion Strike: Social Interest Justifies Capital Reduction

Essay - 4 pages - Business law

The accordion strike is a necessary operation to save a company from economic distress, justified by the social interest of the company, despite potential harm to individual shareholders' interests.

27 août 2024

Is the doctrine of consideration adequate to modern business?

Essay - 2 pages - Business law

The doctrine of consideration is one of the most established rules within the common law of contract. It saw the light during the early stages of the English contract law of the Middle Ages. At first, contracts were established under the word of honor, but this soon became a problem since there...

29 mars 2024

Business Law in UK and USA

Essay - 4 pages - Business law

British and American business laws share a common history and philosophy of origin, despite their progressive differentiation through jurisdictions, legislatures and interpretations. Both are rooted in the philosophy of common law, which Dicey described as consisting of statutes that "are known...

29 mars 2024

Business Law in UK and USA - published: 29/03/2024

Essay - 3 pages - Business law

In a globalized economy, business law plays a pivotal role in shaping the interactions between companies, investors, consumers, and governments. The legal systems of the United Kingdom and the United States, though distinct, are proving to be major references in the sphere of international...

29 sept. 2010
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Three Case Studies of Business Law

Essay - 7 pages - Business law

In the first situation, we can identify three main issues. First of all, the order arrived a few days late. Then the Buyer asserts that the MP3 Players were damaged by moisture by the ship's hull. These two problems are linked to each other: the Buyers wants us to cut the sell price from...

29 sept. 2010
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International Business Law: Three cases

Essay - 6 pages - Business law

This paper talks about a buyer, located in Miami, who ordered 2,500 cell-phones from company for a total amount of $150,000 (including the shipping charge). But there were several problems with this order: the order was delayed and the phones were damaged by moisture during shipping. One of the...

29 sept. 2010
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International Business Law

Essay - 10 pages - Business law

A buyer, who had previously ordered phones from a Company, recently ordered a batch of 2,500 phones from it at the price of 40/unit, for a total of 100,000, plus a fixed 500 shipping charge, for delivery to "CIF Miami." At the Buyer's request, the phones have the Buyer's logo printed on...

29 sept. 2010
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There is no sense in maintaining different rules for tracing at law and in equity. One set of tracing rules is enough

Essay - 3 pages - Business law

In the administration of a trust, the trustee is the one that assumes a range of duties and responsibilities. When a breach of trust occurs, the trustee might be liable for both acts of omission and commission. There are several ways a beneficiary can pursue remedies for a breach of duty on the...

29 sept. 2010
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Cool Phone's Case Analysis

Essay - 6 pages - Business law

This study involves a scenario where you are the vice-president of a 75-person company ("Company") in the fictional French-speaking country of Euphoria, whose capital is Anytown, whose legal system closely resembles that of France's, and which is party to the CISG. The company designs and...

29 sept. 2010
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International business law, allied tows, inc. in Utopia

Essay - 15 pages - Business law

As a potential multinational firm, Allied Toys wants to implement a business development strategy in a predetermined country, in order to see if this model could be applicable as a 'worldwide development strategy'. The fact is that the Republic of Utopia is a country where setting up a...

29 sept. 2010
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The U.S. and Bilateral Investment Treaties

Essay - 2 pages - Business law

The number of Bilateral Investment Treaties or BITs has grown dramatically during the last few decades. They are presented as an important tool of FDI and a key factor contributing to foster economic growth and development. As underlined in the paper, BITs have become the major tool for the...

29 sept. 2010
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NAFTA Dispute Settlement

Essay - 2 pages - Business law

This paper illustrates the tensions inherent to the North American Free Trade Agreement or NAFTA dispute settlement mechanism. They also underline the difficulties encountered to establish a proper balance between two legitimate and contradictory interests, namely the protection of investors'...

29 sept. 2010
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Customary International Law and FDI

Essay - 2 pages - Business law

The notions of expropriation and of its compensation are at the heart of every discussion pertaining to Foreign Direct Investment (FDI). In fact, one might argue that these notions, among others, reflect the complex nature inherent to the FDI mechanism. The complexity lies in the fact that the...

29 sept. 2010
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NAFTA's Chapter Eleven and Fair and Equitable Treatment

Essay - 2 pages - Business law

The interpretation of Article 1105 of the North American Free Trade Agreement or the NAFTA has generated and will generate many controversies regarding the meaning of its first paragraph. Given this provision's open language, the controversies and doubts are understandable. According to Meg...

29 sept. 2010
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Umbrella Clauses and Transfers

Essay - 2 pages - Business law

An umbrella clause generally reads as follows: "each party shall observe any obligation arising from a particular commitment it may have entered into with regard to a specific investment". We can infer from this statement that the aim of this clause is to protect any specific commitments by...

29 sept. 2010
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Forum-shopping and Amicus

Essay - 2 pages - Business law

The article by Professor's Bjorklund article underlines the complexity encountered by parties with respect to international investment litigation. The factors pertaining to this complexity are multiple and exist at virtually every stage in an investment operation. Among these factors of...

29 sept. 2010
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NAFTA's Chapter Eleven and Non-Discriminatory Treatment

Essay - 2 pages - Business law

One of the first and foremost agreements which has been driven by policy considerations is the NAFTA agreement. This agreement was especially created so that three important countries in the world (US, Mexico and Canada) would benefit economically. On clearly assessing this agreement, a layman...

29 sept. 2010
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The future of Investment Regulation

Essay - 2 pages - Business law

An attempt was made to terminate the introduction of one general text relating to the regulation of the FDI. In other words, the cancellation of the draft text pertaining to the Multilateral Agreement on Investment ("MAI") which was elaborated through the patronage of the Organization of...

29 sept. 2010
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Unfair Terms in contract

Essay - 5 pages - Business law

Seller Ltd ("Seller?) is a manufacturer and seller of lifting equipment. Buyer Ltd, ("Buyer?), provides heavy goods vehicle servicing. On 1 July 2006 Buyer requested a copy of Seller's brochure and this was sent by post and received by Buyer on 3 July 2006. Tom, a representative of Buyer...

04 nov. 2008
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Civil justice in China

Essay - 5 pages - Business law

To fully understand the concept of civil justice, one must look at its origins from many different angles, including that of the historical perspective. When investigating the historical approach of civil justice and the law, it makes sense to compare and contrast different nations and their...