Publisher : Kluwer Law International B.V. Category : Law ISBN : 9789041158505 Type : PDF, Epub and Audiobooks
Views : 338
Every legal system, at the outset of court proceedings, has rules aimed at safeguarding parties' interests during the time needed to obtain a judgment on the merits. However, as the European Commission put the case in a 1997 communication, 'a comparative survey of national legislation reveals that there are virtually no definitions of provisional/protective measures and that the legal situations vary widely. The only convergence that can be ascertained is between the function of such measures.' Recognizing that after almost twenty years the issues noted by the Commission have not found a satisfactory solution, here at last is a book that collects and compares the ideas behind the 'preliminary injunction' (an expression the authors use as a general term for a great variety of provisional and precautionary measures) with an eye to defining and organizing this small but very important aspect of the law. Although the analysis touches on relevant measures from many countries, the authors focus on the national legislation in four EU Member States – England, France, Germany, and Italy – to highlight the nature of the differences these kinds of measures entail. They compare and contrast such aspects as the following: – differences in civil procedure; - the types of measures that may be taken; - the terms on which preliminary injunctions, which are normally directly enforceable, may be ordered by a court; - the kind of assets that may be affected; - the relationship between proceedings in an interlocutory action and proceedings on the substance; - necessity of credible evidence that immediate and irreparable injury, loss, or damage will result if no preliminary injunction is granted; and - the role of protective measures in summary proceedings. The study also describes and examines the recent European order for payment (EC Regulation No. 1896/2006), the most significant existing transnational instrument aimed at granting preliminary protection of creditors' rights. This incomparable book represents a major contribution to a growing debate, particularly in Europe, on ways and means of securing equivalent protection for all litigants. Given the variety of legal systems and of measures available, the debate will have to focus on the functions served by provisional/protective measures, the minimum conditions to be satisfied, the adversary procedure requirement, the enforceability of the measures, and possible redress procedures. There is no more thorough and reliable resource available to clarify these issues for practitioners and interested policymakers everywhere.
Publisher : Category : Telegraph ISBN : UOM:39015023276721 Type : PDF, Epub and Audiobooks
Views : 794
Includes Senate document no. 49 for 1915, titled: Final report of the joint committee of the Senate and Assembly to investigate and examine into telephone, telegraph and other forms of electrical communication (p. 5-160), which itself contains: Senate document no. 54 for 1914, titled: Preliminary report of the joint committee of the Senate and Assembly to investigate and examine into telephone, telegraph and other forms of electrical communication (p. 63-73), Report on New York Telephone Company as of October 31, 1914, its financial history and conditions and accounts, signed by Andrew Sangster, chartered accountant (p. 77-155), and Minority report, signed by H.P. Coats, vice-chairman (p. 156-160). The remainder of the text consists of additional exhibits and the minutes and proceedings of the committee.
Publisher : TEACH Services, Inc. Category : Religion ISBN : 9781572585546 Type : PDF, Epub and Audiobooks
Views : 236
Put yourself in this man's shoes, JUST HOW WOULD YOU FEEL? He is alone on the last day of his life. He has witnessed the stampede..people...animals...everything...trying to escape. The "thing" is sweeping inland. The sky is collapsing. Forests ablaze. A lingering survivor...in dazed disbelief...he re-lives the past few days. A news broadcast told of fissures opening up all over the world...hundreds of miles long. Hot magma spurting up...worldwide. And now he faces the end...All voices have died - except for the howling of the wind, the ear-splitting thunder, the relentless crashing of waves. He is alone...Did something like this happen in 2345 BC? See evidence that is more substantial than for any other event in history. The last day on earth: Those geniuses of Mother Civilization - how did they feel on the LAST DAY? What really transpired the day the earth tipped over? With surprising scientific evidence, we reconstruct that most incredible day in all of history.