Summary: Cas 4.2

Read the summary and the most important questions on CAS 4.2

• 1 CAS 4.2 LAW

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• Primary functions of the law

  Keep the peace
  Shape moral standards
  Promote social justice
  Maintain the status quo
  Facilitate orderly change
  Facilitate planning
  Provide a basis for compromise
  Maximize individual freedom

• Acquiring ownership (real property)

  Real property is immovable or attached to land or buildings
  Land is most common form of real property
  Surface and subsurface can be sold separately

• Private/ public legal persons

  Private legal person (business organizations/ corporations and NGO)
  Public legal persons (overheid organization) : verkijgen van rechtspersoonlijkheid door rechtsvordering/ registratie : rechtspersonen worden door de wet behandeld als personen

• Different legals business structures

  Rights and duties: decisions, debts, contracts, owner (real/personal) property, pay taxes, sueing
  Board: chairman, secretary, director or general manager. These persons can act for and on behalf of the legal person
  Statutes, act of deed, civil law notary and registration at the Netherlands chamber of commerce (KVK)
  Liability: most cases you are nog personally liable for the actions of the legal entity

• Netherlands, business structures without legal personality

  Personally liable for the debt of the company, with private capital and belongings:
  Sole trader (eenmanszaak) liable for all your actions and finances, income tax, no starting capital
  General or commercial partnership (VOF), share facilities not profits, member are treated as natural persons for tax and liability purposes
  Limited partnership (CV of commanditaire vennootschap): short on capital: sleeping/ silent partner

• Netherlands, business structures with legal personality

  These are NOT personally liable for the company's debt. Exceptions are made: recklessness or fraud
  Private limited company (BV): alleen of met partners, private liability as direct is limited, equity is divided into shares
  Public limited company (NV): usually larger companies shares held by shareholders are freely transferable, shareholders are not formally known as such in company statutes.
  Cooperative (coöperatie): advantages of bein a collective, members can freely enter of leave, UA of BA
  Association (vereniging): organising social activities, reinvest profit
  Foundation (stichting): support social or no-profit purpose

• European Economic Area

  EEIG: European Economic Interest Grouping. An EU legal entity designed to enable cross-border cooperation between companies
  SCE (Societas Cooperativa Europaea): A European Cooperative Society
  SE (Societas Europaea): A European (public) limited company
  SPE (Societas Privata Europaea) European private limited company such as Ltd or GmbH

• International governmental organization IGO

  • Legal personality
    
  • Formed by treaties, established by governmental agreements
  • Member states or other international organizations
  • Subjects to international law
  • Examples: EU, UN, NATO, WHO
    

• International Non-governmental organizations INGO

  • NGOs are gaining importance in international law
    
  • Independent of governments
  • Influence governments with a specific goal or provide services
  • Non-profit organizations (funding from companies or membership fees)
  • Not formed by treaties, not established by governmental agreements
  • No international legal status, subjects to national law
  • Examples: greenpeace, warchild, amnesty international

• Public international law

  Rules and norms regulating the relationships between states (countries)