7 research outputs found

    Particularities of legal regulation and harmonization of proprietary rights legislation in the RSA, Brazil and China

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    In all countries under consideration, legal regulation of proprietary relationships is a reflection of the current level of social and economic development of these states, as well as of the objective necessity of including certain proprietary legal institutions into the system of rights for things: • the process of civil legislation reformation in Brazil and China, in so far as it relates to the institutions of the right of ownership and limited proprietary rights, is acceptable to be admitted as generally successful and meeting the stated objectives. The proprietary legislation of the Republic of South Africa is marked by high stability; • in spite of being based on Roman-Dutch proprietary rights legal institutions, the law of South Africa receives the required development due to the judges’ interpretative activity in the process of creating case laws. Such situation is determined by the fact that during the period of English rule the Republic of South Africa adopted the type of judicial system organization and activity common for the common law countries;• the improvement of legal systems, as well as the unification and harmonization of national legislations of China, Brazil and the Republic of South Africa, ensures the creation of a unified approach to social and political, and legal interaction, which ensures compliance with the private law and proprietary rights as the basic rights of democratic societies oriented to sustainable social and economic development. © 2016, ASERS Publishing House. All rights reserved

    Peculiarities of the legislation of the asean countries during the technology transfer within the framework of foreign investment projects and by other means (in case of Vietnam, the philippines and Indonesia)

    No full text
    The article considers the main provisions of the legislation of the ASEAN countries in the field of technology transfer (within the framework of foreign investments projects, by other means). The authors study the regulatory prescriptions in the corresponding sphere at the international, regional and national levels. What is understood under the technology transfer is studied. The creation and activity of enterprises with foreign capital and the peculiarities of contractual arrangements of the technology transfer are emphasized; some aspects of the privileged mode for joint-venture enterprises with foreign companies and sale to the local enterprises under licenses in the form of (non-)patented know-how are covered. The conclusions of the provided material are made. © Serials Publications Pvt. Ltd

    Particularities of legal regulation and harmonization of proprietary rights legislation in the RSA, Brazil and China

    No full text
    In all countries under consideration, legal regulation of proprietary relationships is a reflection of the current level of social and economic development of these states, as well as of the objective necessity of including certain proprietary legal institutions into the system of rights for things: • the process of civil legislation reformation in Brazil and China, in so far as it relates to the institutions of the right of ownership and limited proprietary rights, is acceptable to be admitted as generally successful and meeting the stated objectives. The proprietary legislation of the Republic of South Africa is marked by high stability; • in spite of being based on Roman-Dutch proprietary rights legal institutions, the law of South Africa receives the required development due to the judges’ interpretative activity in the process of creating case laws. Such situation is determined by the fact that during the period of English rule the Republic of South Africa adopted the type of judicial system organization and activity common for the common law countries;• the improvement of legal systems, as well as the unification and harmonization of national legislations of China, Brazil and the Republic of South Africa, ensures the creation of a unified approach to social and political, and legal interaction, which ensures compliance with the private law and proprietary rights as the basic rights of democratic societies oriented to sustainable social and economic development. © 2016, ASERS Publishing House. All rights reserved

    Peculiarities of the legislation of the asean countries during the technology transfer within the framework of foreign investment projects and by other means (in case of Vietnam, the philippines and Indonesia)

    No full text
    The article considers the main provisions of the legislation of the ASEAN countries in the field of technology transfer (within the framework of foreign investments projects, by other means). The authors study the regulatory prescriptions in the corresponding sphere at the international, regional and national levels. What is understood under the technology transfer is studied. The creation and activity of enterprises with foreign capital and the peculiarities of contractual arrangements of the technology transfer are emphasized; some aspects of the privileged mode for joint-venture enterprises with foreign companies and sale to the local enterprises under licenses in the form of (non-)patented know-how are covered. The conclusions of the provided material are made. © Serials Publications Pvt. Ltd

    General approaches to the market structure control in BRICS countries

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    The articles represents a research of general approaches of BRICS countries legislation and legal order to counteraction against such an anticompetitive market strategy and a means of both global and regional governance as abuse of control and dominant market power in legal orders of China, India, Russia and South Africa. The author pays particular attention to current legislation of BRICS countries in the field of competition protection with regard to provisions related to market structure control and restrictions of anticompetitive mergers and acquisitions (further on-M&As) and ‘concentrationʼ of enterprises' market power control fixed by Asian (China and India), Euro-Asian (Russia) and African (South Africa) legal orders. The analysis of substantial contents of laws on competition and monopolies of the abovementioned BRICS countries and relevant case law shows the existence of a number of conventional generally acknowledged (unified) provisions and norms. At the same time there are specific features making them different. These generally acknowledged provisions and peculiarities will be in focus in the article. © 2018, by ASERS®Publishing. All rights reserved
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