scholarly journals Residual Profit Allocation by Income

2021 ◽  
pp. 189-265
Author(s):  
Michael P. Devereux ◽  
Alan J. Auerbach ◽  
Michael Keen ◽  
Paul Oosterhuis ◽  
Wolfgang Schön ◽  
...  
Keyword(s):  
Current System ◽  
Third Parties ◽  
Destination Country ◽  
Third Party ◽  
Superior Performance ◽  
Reform Proposal ◽  
Goods And Services ◽  
Profit Allocation ◽  
The Right

This chapter sets out our first detailed reform proposal: the Residual Profit Allocation by Income (RPAI). This is one of a family of schemes based on separating multinational profit into ‘routine’ and ‘residual’ profit, a distinction that exists under the current system. The RPAI allocates the right to tax routine profit to the country where functions and activities take place. It allocates the right to tax residual profit to the market, or destination, country where sales are made to third parties. We evaluate the RPAI against our five criteria. We conclude that while it is far from perfect, it performs well against these criteria. Its superior performance stems primarily from allocating taxing rights for residual profit to the destination country, where there is a relatively immobile third party purchaser of goods and services sold by the company.

scholarly journals Subrogation in the Rear-View: Evaluating Alberta's Current Approach to Automobile Liability Insurance for Impaired Drivers

2014 ◽  
Vol 51 (3) ◽  
pp. 601
Author(s):  
Kendal Gummer
Keyword(s):  
Public Policy ◽  
Current System ◽  
Current Approach ◽  
Third Parties ◽  
Third Party ◽  
Liability Insurance ◽  
Previous Approach ◽  
The Public ◽  
Policy Objectives ◽  
The Right

In Alberta, automobile insurers are required to indemnify an insured up to policy limits for injury or property damage to third parties for which the insured is liable. Prior to 1 June 1982, insurers could demand reimbursement for third party liability payments if the insured driver caused loss while under the influence of drugs or alcohol. However, the Insurance Amendment Act removed the right of insurers to recover these sums. This article evaluates this amendment by considering its impact on the public policy objectives ordinarily associated with subrogation, and argues that, compared to the previous approach, Alberta’s current system of third party liability coverage better serves the objectives of subrogation.

Formation of Contract and Third Parties in Cambodia

2018 ◽  
Author(s):  
Ly Tayseng
Keyword(s):  
Academic Writing ◽  
Case Law ◽  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Contract Formation ◽  
The Law ◽  
The Right ◽  
Formal Requirements

This chapter gives an overview of the law on contract formation and third party beneficiaries in Cambodia. Much of the discussion is tentative since the new Cambodian Civil Code only entered into force from 21 December 2011 and there is little case law and academic writing fleshing out its provisions. The Code owes much to the Japanese Civil Code of 1898 and, like the latter, does not have a requirement of consideration and seldom imposes formal requirements but there are a few statutory exceptions from the principle of freedom from form. For a binding contract, the agreement of the parties is required and the offer must be made with the intention to create a legally binding obligation and becomes effective once it reaches the offeree. The new Code explicitly provides that the parties to the contract may agree to confer a right arising under the contract upon a third party. This right accrues directly from their agreement; it is not required that the third party declare its intention to accept the right.

scholarly journals Instruments to Challenge the Grant of a Patent as a Third Party: Suggestions for the Review of New Zealand's Patent System

2021 ◽  
Author(s):  
◽  
Juliane Buchinski
Keyword(s):  
New Zealand ◽  
Current System ◽  
Patent Law ◽  
Third Parties ◽  
Patent System ◽  
Third Party ◽  
Regulatory Regime ◽  
Negative Effect ◽  
The Government

<p>In recent decades, intellectual property law (in particular patent law) has had to face new challenges due to the accelerating development of technology. Patents can have a negative effect on a country's economy if too many invalid or overly broad patents are granted. Such patents have the potential to impose high costs on society without providing substantial benefits. If a patent regime cannot avoid the grant of such patents, or does not provide instruments to remove them from the register, the negative effect may stifle innovation instead of encouraging it. In 2008, in consideration of these problems, the government of New Zealand introduced a Patents Bill. This Bill is the culmination of the government's review process, which started in the late 1980s. The aim of the Bill is to update New Zealand's patent law in order to bring it in line with international practise and to reduce the costs to society arising from invalid and overly broad patents. The provisions of the Bill cover all principal aspects of the patent regime: standards of examination and procedures, challenges on the grant of a patent, and provisions for updating the regulatory regime for patent attorneys. This dissertation focuses on analysing how the quality of New Zealand's patents could be enhanced using the knowledge and experience of third parties. Because the current examination standards may allow the grant of overly broad patents, this dissertation analyses specifically which changes in the examination procedure could help prevent the grant of "bad" patents without overburdening the resources of the IPONZ. In the next step, the dissertation analyses third-party instruments under the current patent system and under the Patents Bill 2008, proving that neither approach by itself would be sufficient to bring about an effective patent reviewing system for New Zealand. The approach under the current system is too expensive and has the potential to delay the granting procedure, whereas the approach proposed by the Patents Bill 2008 limits the influence of third parties before the grant of a patent to such an extent that most patents may remain in the register. The overall aim of this dissertation is to suggest a new approach that includes aspects of both of the others in order to find a balanced solution and an optimal fit for the specific needs of New Zealand.</p>

scholarly journals Objection to the trademark application or the action of international registration of a trademark in Ukraine

2021 ◽  
pp. 87-94
Author(s):  
Olesia Kharchenko
Keyword(s):  
Legal Protection ◽  
Third Parties ◽  
The State ◽  
Third Party ◽  
The Right

Keywords: objection, opposition, trademark, appellate chamber, period of opposition The article analyses themain approaches to the practice of filing and the consequences of filing objections ofthird parties against trademark applications or international trademark registrationsbased on a study of the provisions of regulations of Ukraine and foreign countries.The filing of an objection to an application for a trademark is defined as theright of any third party to state its views on the inconsistency of the designation appliedfor registration with the conditions of granting legal protection. It is concludedthat this procedure in Ukraine is not fully harmonized with the practice of the EuropeanUnion: Ukrainian law does not provide for the submission — of observation ofthird parties, when the trademark cannot be registered ex officio. Such observationcan be submitted by any person free of charge, but this person will not become a partyto the proceedings during the designation examination.It is determined that this right in Ukraine can be exercised within several instances:1) Objection of a third party, which is filed at the stage of examination of the designation;2) Objection of a third party, which is submitted to the Appeals Chamber of the NationalIntellectual Property Authority;3) Appeal of the approved decision of the Appeals Chamber of the National IntellectualProperty Authority in court.The article provides suggestions for improving the procedure for filing objections toan application for a trademark or the action of international registration of a trademarkin Ukraine:1) granting the right to third parties to submit to the National Intellectual PropertyAuthority free observations against trademark applications that do not relate to«relative» grounds for refusal of the legal protection of the designation.2) increase the fee for filing an objection to a trademark application or internationaltrademark registration to reduce the number of filing of unscrupulous objections,the purpose of which is to increase the term of registration of the applicant'strademark.3) extension of the terms of payment of the state fee for issuing a certificate ofUkraine for a trademark and the fee for the publication of the issuance of a certificatefor up to five months for those applications for trademarks against whichthird parties have filed objections.

Ch.5 Content, third party rights and conditions, s.2: Third party rights, Introduction to Section 5.2 of the PICC

2015 ◽  
Author(s):  
Vogenauer Stefan
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Basic Rule ◽  
Conflict Of Interests ◽  
The Third ◽  
The Creation ◽  
The Third Party ◽  
Triangular Relationship ◽  
The Right ◽  
Default Rules

Section 5.2 of the UNIDROIT Principles of International Commercial Contracts (PICC) deals with contracts in favour of third parties. It covers the creation of a third party right by way of contract and includes the basic rule that provides for the validity and enforceability of contracts in favour of third parties and states the requirements for bringing a third party right into existence. It also defines the rights and duties of the parties in the triangular relationship arising from a contract in favour of a third party. These provisions provide default rules for the conflict of interests typically arising between the three parties involved. Section 5.2 also discusses the defences of the promisor, the extent of the original parties' power to modify or revoke the third party's right, and the right of the third party to renounce the benefit conferred upon it.

On Absolute Legal Force of Obligations

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0 ◽  
Author(s):  
Sergey Kasatkin
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Judicial Practice ◽  
Legislative Changes ◽  
State Registration ◽  
The Right ◽  
Subjective Rights ◽  
Legal Consequences ◽  
Legal Force

The article considers the recent legislative changes that allow the extension of the notion of an obligation as a relative relationship. Based on judicial practice and the positions of well-known jurists, the author comes to the conclusion that an obligation does not only connect the debtor with the creditor, but also generates passive duty for all the subjects of law to refrain from creating obstacles to the creditor in the exercise of its subjective rights. Meanwhile a creditor has the right to protect subjective rights from violations not only on the part of the debtor but also on the part of any third party. However, in a number of statutory cases, the creditor may be denied the opportunity to refer to the obligation in relations with third parties. Such legal consequences occur, in particular, in case of non-fulfillment of legislative requirements on the necessity of state registration of the contract, and in case of violation of the rules of the notification on the pledge of movables. The author proposes to refer to legal significance of relative relationship for third parties as an absolute legal force of obligations.

scholarly journals La révocation d'un agent et le statut d'intermédiaire de commerce

2005 ◽  
Vol 18 (2-3) ◽  
pp. 397-454
Author(s):  
Nicole L’Heureux
Keyword(s):  
Third Party ◽  
Common Interest ◽  
Professional Status ◽  
Legal Basis ◽  
Goods And Services ◽  
The Third ◽  
The Status ◽  
The Right ◽  
The Relationship

The revocation of an agent frequently raises the question of the legal basis for the right to indemnity by agent so revoked. The existence of such a right as well as the determination of the amount of the indemnity depend on the nature of the relationship between the agent and his client. In the case of an independent agent, this relationship is of a special nature. His function differs from that of a servant and that of an independent trader, who are both currently called agents. The indépendant agent deals with third parties for a client, but does not himself supply the goods and services in which he trades. The indépendant agent, to whom is recognized the status of commercial intermediary, has a function which is characterized by his own obligational contents. He brings to the execution of his work the duties of a professional. He is subject to an obligation of diligence and, because of his professional status, incurs a certain liability towards the third party he deals with. The qualification of mandate, often given to his contract, cannot take into account the extensive obligations imposed on the agent, particularly the fact that he makes a profession of his agency and that he has a special interest in the success of the affair he négociâtes. The reference to rules of a civil nature in matters that relate to business creates some confusion. The nature of the relationship between the agent and his client is challenged by the notion of common interest which grants to the agent a right to keep up the contract and maintain goodwill. The proposition of the Civil Code Revision Office for the revision of the legal categories has the advantage of giving new definitions to contracts which are characterized by the autonomy of the obligee in the execution. In the case of the independent agent, it will favour a qualification more adequate of the relationship between him and his client. The revocation of the agent would then be treated like the revocation in other contracts in which work is done in the interest of the other party.

scholarly journals Prawo właściwe dla skutków przelewu wierzytelności w stosunku do osób trzecich. Uwagi z perspektywy międzynarodowego prawa upadłościowego

2019 ◽  
Vol 24 ◽  
pp. 47-75
Author(s):  
Wojciech Klyta
Keyword(s):  
Third Parties ◽  
Third Party ◽  
Insolvency Law ◽  
Conflict Of Laws ◽  
Applicable Law ◽  
The Third ◽  
The Right ◽  
Insolvency Proceedings ◽  
Rome I ◽  
Foreseeable Risk

The claims are rights in personam but the assignment of claims has a hybrid nature. Abolishing the “nomina ossibus inhaerent” rule has increased commercial significance of the assignment of claims. However, the contemporary legal situationleaves parties with great legal uncertainty, as to the question under which circumstances does the cross — borders assignment is valid. A recent judgment of the CJEU of 9 October 2019 (C — 548/18) in case BGL BNP Paribas SA v. TeamBank AG Nürnberg has augmented this uncertainty. The Luxemburg Court ruled that: “Article 14 of the Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 (‘Rome I’) must be interpreted as not designating, directly or by analogy, the applicable law concerning the third-party effects of the assignment of a claim in the event of multiple assignments of the claim by the same creditor to successive assignees”. In this situation, one would highly welcome an attempt to establish a new set of conflict of laws rules relating to the law applicable to third — parties effects of the assignment of claims. This attempt has recently been made by the European Commission in its Report “on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over the right of another person”, dated 29 September 2016. In the present article, the author reviews the most important propositions formulated in the conflicts’ doctrine through the “lens” of the international insolvency law. Multiply provisions of the Regulation (EU) 2015/848 of 20 May 2015 on insolvency proceedings (recast) — despite many judgments of the CJEU in this area — also lack certainty. Insolvency is a foreseeable risk, but without clear rules concerning the third parties’ effects of the assignment of claims, it may become unenforceable for the creditors of the assignor.

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