Business Law PDF

Business Law Topic 1:Introduction to Commercial Law Topic 2:Corporate contractual relationships Chapter I:General Legal Framework The rule of law:All principles and rules of governance in which all persons(who have legal capacities),institutions and entities,are accountable to laws that...

Business Law Topic 1:Introduction to Commercial Law Topic 2:Corporate contractual relationships Chapter I:General Legal Framework The rule of law:All principles and rules of governance in which all persons(who have legal capacities),institutions and entities,are accountable to laws that are publicly promulgated(when it has been published,three days after). Schengen Space :Agreement regulating the movements of non european citizens on the European continent.It includes some europeans counties but not all UE members.  Non european citizens:3 months during the year on the schengen Area.  Norway,Swizterland and Iceland:EEA. Rules of governance:written texts. Parliaments-laws Government-decree/ordinance/Presidential order Local authority-local regulation Retroactivity of the laws : Rule: “principle of security of legal systems”-laws are not retoactive (the previous situation stays) Exception:criminal law  1. The final sentence has not been given World Legal Systems:  Roman Law is the bases of the Legal Systems -- >Statuory law legal systems (Statute=laws voted by the Parliament )  British Law (Common Law legal System)  Mixed Law Legal System  Religious Law Legal System  Local Laws Influence QPC:question prioritaire de constitutionalité Supreme court in France=cours de cassation. Supreme court of the country and a Supreme court for each states.-->The president influences the law making. II-Main characteristic of the rule of law 1) Ther Rule of Law is general and impersonal:it is applicable to all subjects of law 2) Legal personality:capacity to sued or be sued : natural person (mental sane and legal age),emancipation-->16-18-->decision of the judge(work,money,contract)-->not judge as an adult under criminal law/can’t manage a corporation Legal Persons:corporation(INP). 2)Rule of Law is mandatory and it is sanctioned by public authority III-Rules of Law Specialisation A-Distinction between public and private law. Public Law:deals with the State,either by itself or in its relation with individuals-->State--State/State---Privae individual/State---Corporation Private Law :Law which regulates the relationships between individuals-->Private Individual--Private individual/Corporation--Individual. Social Phenomenon-->Identified,classified and organised by law B) The different branches of law in France Public Law:  Constitutional Law:power of the president,parliament  Administrative Law=laws of local authorities  Public Finances Law  Tax Law  International Public Law  European Union Law Private Law:  Civil Law:Birth/childhood/marriage/inheritance/children/dea th  Commercial Law:Dispute between companies   Labour Law:Dispute between employer-employee  Social security Law :reimbursment  Criminal Law:mixed status  International private law:private individual with international elements Chapter II:Source of the Laws Hierarchy of legal forms:voir dessin World Trate Organization (WTO)-->NAFTA,Mercosur,ASIAN. I can ratified national agrrements,some parts EU Regional Law:  EU regulation=Biding legal act, immediately applicable to all EU countries (Maastricht Treaty):no ratification is needed  EU directive=binding legal act to all EU members but not immediately/freedom of means (how you do it)/Time +organization  EU decision=binding legal act,applicable immediately in some EU countries Power of customs vary according to the branch of law contrary to that ,the customs have the power of a law 1. Idea come from citizen/government//MP’s/Comanies-- lobbyist 2. MP 3. Parliamentary commitee 4. Parliament_parliamentary shuttle 5. Presidential approval