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In the European Union the main tendency in the tax policy is fighting against the tax evasion, tax avoidance, fighting against the harmful tax competition. The tax avoidance appears in the harmful tax competition too, and the digital companies - like Google, Apple, Microsoft, Amazon, are often employing it.The digitalism is very important for the economy, it has a lot of good in it, but it can be harm also. One of the most dangerous side is the aggressive tax planning which is connected with the tax avoidance. There are new ways and forms of the digital tax avoidance like “Double Irish with Dutch Sandwich”, or the “Hidden offshore” tax structure which cause double non taxation. The European Union is trying to tackle the tax avoidance and aggressive tax planning with their legal instruments. The OECD BEPS document and the Anti tax avoidance Directive (ATAD), and the Commission’s measures fight off the digital tax avoidance. In this study I point out the problems and new structures of the aggressive tax planning by the digital companies, and analyze the legal instruments against it.
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This article discusses whether the term preference share may exist in a limited liability company. It explores some possible deviations from the legislative provisions by setting up privileges for certain partners, without infringing the fundamental principle for equality. In order to justify their statements, the authors apply comparative law methods using for basis the Bulgarian, Hungarian, German and Russian law. They point out relevant examples from the case law of the Supreme Court of Cassation
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There is no doubt that membership in the European Union results in the multitude of decision-making centres responsible for applying, legislating and interpreting law, which does not facilitate the interpretation of norms referring to the matters covered by the EU law. There is also no doubt that in cases where EU law regulations referring to other areas of law will affect the modification of the statutory description of prohibited acts, the obvious question arises about the possibility of the citizen predicting what is punishable and what is already decriminalized. Therefore, it is also necessary to redefine this aspect and to ask the question about how to treat any possible mistake of law in the field of EU regulation. In this text I will point out the practical problems resulting from the increasingly frequent obligation to take into account European Union law in the course of interpretation of national provisions of substantive criminal law. This particularly pertains to cases in which a failure of the national legislator creates a necessity to resort to alternative methods of ensuring full effectiveness of EU law (mainly by way of consistent interpretation).
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In the mid-2016, the first unsuccessful attempt to introduce REITs into the national legislation was made. In May 2017, the Ministry of Finance introduced a revised draft on real estate leasing companies (SWRN law) whose construction is similar to REITs. In the view of the opinion-making bodies, which is shared by the author of this article, the adoption of the SWRN law in the form proposed by the Ministry of Finance may produce results other than desired. Instead of increasing the involvement of domestic capital in the real estate market, SWRNs may be used to support tax evasion and effectively stop the development of the real estate investment funds market in Poland. Therefore, in order to eliminate these dangers, certain modifications of the rules of the operation of SWRNs based on SWRN law and changes in the manner of operation of the existing real estate investment funds in Poland as well as solutions used in European countries were proposed.
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Italy has a long tradition of pervasive regulation of its national cultural heritage, including strict control over the export of cultural objects. In contrast to the lack of a definition of “national treasures” which affects EU law, Italian law has striven to achieve an effective definition of the terms “cultural heritage” and “cultural property”, and even more to design specific identification rules for cultural objects. Nonetheless, the issues of definition and related protection on the one hand, and identification on the other, do not always go hand in hand in a legal framework which is made even more complex by the coexistence of two separate models of criminal law protection, as well as by the frequency of reforms, the most recent of which directly affected the export of cultural property. So how has the legal definition of “cultural property” changed over the years within the Italian legislation? How do the peculiarities in the construction of criminal offences “muddle” the overall picture? How much has the 2017 reform affected said definition? Finally, the question arises whether and how all this will possibly impact the gap between national and EU approaches to cultural “goods”. These issues are the main focus of this article.
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Switzerland now has a federal registry of its movable cultural property of significant importance. This measure is based on the national legislation implementing the 1970 UNESCO Convention on the Means of Prohibiting and Preventing the Illicit Import, Export and Transfer of Ownership of Cultural Property. Only Swiss cultural property or property with a close link to Switzerland is targeted. The registry includes, inter alia, archaeological objects, sculptures by Alberto Giacometti, paintings by Ferdinand Hodler, and also a correspondence by Albert Einstein from the period when he lived in Berne and discovered the theory of relativity. The inclusion of cultural property in the federal registry has two major effects: it restricts both cross-border movement and property rights. On one hand, the permanent export of a listed cultural property is prohibited. Although a temporary export may be authorized for research, conservation, or exhibition purposes. On the other hand, registered cultural property becomes res extra commercium: acquisitive prescription, even in good faith, does not apply. As a result, registered cultural property benefits from enhanced protection against permanent loss due to theft and illicit export.
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This paper critically examines the free movement of goods through a comparative approach. First, an examination of NAFTA provisions and their impact on the movement of goods across North America. Second, an examination of the provisions in the Treaty of Functioning European Union, the European Court of Justice’s interpretations of those provision, and their impact on the free movement of goods in the EU. Third, an exploration into the new USMCA provisions as they differ from NAFTA and what this could mean for the future of the member states and the EU.
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The Charter of Kulin Ban from 1189 is a diplomatic document, characteristic and dominant for the Middle Ages. It talks about making peace between the Bosnian ruler Kulin Ban and Dubrovnik and about giving privileges to Dubrovnik merchants. From the diplomatic point of view, it is a public document issued at the court offices of medieval rulers. It was created, like most other documents in Medieval Bosnia, under the influence of Western diplomacy, which is confirmed by the analysis of its internal and external features. It is made in four copies, two for each contracting party, written in Latin (Caroline-Gothic script) and Cyrillic (bosančica) letter. From the historiographical point of view, the Charter of Kulin Ban is proof that the Medieval Bosnian state also existed and functioned in full capacity in the 12th century. The analysis of the content of this charter and the circumstances in which it was created, both in terms of time and space, and the fact that it is evidence of the full maturity of the medieval Bosnian state and society, provide a broader understanding of the state structure and hierarchy of medieval Bosnia its environment and their mutual economic and diplomatic relations. The special significance of this charter is that it is the oldest preserved historical source of this kind, but the original documents are outside Bosnia and Herzegovina. This fact should be a sufficient civilizational motive for modern Bosnian society and state institutions to begin planning how to establish mechanisms for effective protection of cultural heritage as an unavoidable historical source, and above all as an important segment of their own identity.
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The author analyzes the historical frame resulting in the 1189. Kulin Charter. Dubrovnik gained the freedom of trade in the Balkans’ hinterland as exemplared by the1186. contract between Dubrovnik and Nemanja, 1189. Kulin Charter and the 1192.privilege by the Byzantine Emperor Isaac Angelos allowing customs-free trade across the whole Byzantine Empire, with the obligation of supplying the Emperor with two armed galleons in case of a war against Venice or Zadar. In the same privilege,the Byzantine Emperor allowed Dubrovnik to salvage their ships and to retrieve the remains of their shipwrecks from the Byzantine territory, along with the goods that survived the shipwreck, which points to a close connection between maritime and overland trade. The issuing of privileges to Dubrovnik and other Dalmatian communes was carried forward likewise by other Bosnian rulers. Particularly important are the privileges issued to Split, especially in the 14.th century during the reigns of Hrvoje,the Herceg of Split, and Tvrtko I Kotromanović (1377.-1391.). The author analyzes significant terms appearing in maritime and overland trade (conserva, capitaneusturmae, average) and one of the more significant maritime contracts (rogantia).
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Customs duties are a form of indirect tax that is paid when goods cross the state border; in the Middle Ages, they were collected differently than they are today, derived from the custom of the establishedrevenue of the Crown where their name comes from. Customs are collected by the ruler, the state, but also by individual cities; in Egypt it is considered to have been established during the era of Pharaoh Djoser (period of the Old Empire, 2670-2150 BC), in ancient Athensit amounted to 2% for import and export through the port of Piraeus,while the Roman Empire preserved the text of the customs the law of the Province of Asia (Lex portorii Asiae) by which it was 2-2.5%and was paid at the borders of the province.Kulin Ban Charter of 1189.g. does not mention the word customs,it first appears in the charters of Ban Matej Ninoslav (1232-1249),which freely exempts merchants from Dubrovnik from paying all customs duties. Ban Stjepan II Kotromanić (1292-1353), who doubled state territory and left for the Adriatic, in February 1326. informsthe people of Dubrovnik about the introduction of a 10% duty, by a charter of 1332. The 100-year pause in the issuance of the Dubrovnik charter was interrupted, and by the charter of 1334. lease of customs established.
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The article analyzes the notion, function and characteristics of property as one of the most undefined categories of civil law, namely of the private law in general. In an effort of shedding light on the institute of property, the article follows the path of the historical development of this institute, starting from Roman law until the contemporary law. Since the institute of property and the institute of ownership in theory and in legislation are often used as synonyms, this fact can cause difficulties in applying legal norms that refer to the notion of property, respectively, ownership. Thus the article will clarify the relationship between these two significant institutes. It will also analyze the functions that the institute of property has in the legal relations within various comparative legal systems, always following the transformation of the notion of property depending on the function that it realizes. Furthermore, the article will analyze the importance of property within the framework of private law, the relationship between property and property law, as well as between the notion of property law in an objective sense and property rights in a subjective sense.
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The COVID-19 pandemic has created unprecedented situation all over the world, compelled the governments to declare lockdown, closing of businesses, industries, commercial activities, ban on certain imports and exports. Under these circumstances, an obligor may not be able to perform his contractual obligations, consequently may result in breach of contract. Incase of claim of damages by the obligee for breach of contract, the obligor may seek exemption from damages under the law of impediment or force majeure. According to Article 79 of the UN Convention on Contracts for the International Sale of Goods 1980 (CISG), a party is not liable for damages due to non-performance, delay or defect in performance, if he can prove that the failure was due to an impediment beyond his control. The COVID-19 situations are beyond the control of the parties to the contract, must be considered as an impediment or force majeure and the non-performing party is entitled for exemption from damages under Article 79 of CISG.
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The article gives a thorough description of the institution, the definition and the procedure of Liquidation of Companies as regulated under the Commercial Act and some other special legislation. The regime sets the compulsory and the voluntary kind of liquidation. Starting from the nature of the liquidation the analysis comes to the conclusion for its sharp distinction from the insolvency and bankruptcy procedure, while the first presumes liquidity and capacity to act of the company unlike the second. The survey pays attention to its beginning and consequences, the liquidator (nomination, dismissal, and legal status). Then it follows the details of the Liquidation procedure and the respective normative requirement for accounting, balance and the rights of the creditors and the shareholders about the liquidation share. Finally, the analysis tackles some special issues like companies' transformation and insolvency in their relation to the liquidation.
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In this research we focus the act of acceptance with amendments of an offer for a contract formation as per the UN Convention on the International Sale of Goods (CIGS). Especially, the study discloses the essence of a significant principle included in this convention, wherefor the answer made envisioned the proposal acceptance through it hold some amendments, which is deemed not as acceptance but as a counter-proposal. The survey also mentions the exception of this conventional principle in the case of answer to the proposal having additional or various conditions which do not change substantially the proposal terms. One of the most important questions about this exception presented in the research is to show which of those amendments change the proposal conditions' acceptance. They involve some additional or different provisions about the price, the payment, the quality and the quantity of goods, the place and the time of delivery and so on. The substantial amendments of the proposal represent obstacles for the contract formation.
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E-commerce business activities use electronic media connected to the internet to conduct trade transactions. The development of e-commerce business activities brought many changes to the business activity sector carried out conventionally so far. The types of e-commerce business activities are business to business, business to the customer, customer to the customer, and costumer to business. E-commerce business activities are regulated in the Law Number 11 of 2008 on the Information and Transaction of Electronic stating that electronic data transaction information is a valid proof of law. The problems discussed in this research are how to set up e-commerce business activities in Indonesia, how to impose an income tax and value-added tax on e-commerce business activities using delivery services. This research used normative legal research methods of descriptive analysis using normative juridical approaches and interviews to obtain the necessary data associated with the problems. The entire data were collected by collecting literature and field studies in the form of interviews with parties deemed competent in this study. Based on research results about The Juridical Analysis Of Income Tax And Value Added Tax on E-Commerce Business Activities regulated in the Circular of General Directorate of Taxes Number SE-62/PJ/2013 and SE-06/PJ/2015, the imposition of income tax for delivery service providers is regulated in Article 23 of the Law of Income Tax further regulated in PMK 141/PMK.03/2015 and Article 22 of the Law of Income Tax further regulated in PMK 34/PMK.010/2017. The imposition of value-added tax for delivery service providers is regulated in PMK 121/PMK.03/2015 and PMK 112/PMK.04/2018.
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The verification of the tax treatment of the different figures offered to consumers in relation to financial products is of great importance for the purposes of the consequences derived from them. With this purpose in mind, the incidence on Personal Income Tax of various constituent elements of variable income, fixed income and the services provided of credit institutions is analyzed in this paper. In this manner, the peculiarities that this sector offers to taxpayers are revealed at the same time, the current situation is reflected before the entry into force out the so-called Tax on Financial Transactions, foreseen on January 16, 2021, which will affect the onerous acquisition of shares of companies resident in Spain and which will result in a greater charge for these operations.
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Due to the lack of a statutory definition and due to the interdisciplinary nature of the profession of a speech therapist, there have been doubts regarding its classification as a medical or paramedical profession. The above is, in fact, of crucial significance from the point of view of tax provisions, since medical care services provided by medical or paramedical facilities, on the condition of fulfilling specific requirements, can enjoy VAT exemption. Unfortunately, there is no definition of medical care in the EU and domestic law, and the requirements necessary to exempt a given service from the discussed tax have not been sufficiently specified. This publication, using a dogmatic method, by hitherto not conducted in literature analysis, was aimed at answering the question of whether medical care services provided by speech therapists are exempt from value added tax. Having achieved the aforementioned objective, the paper explicitly indicates that a speech therapist is a medical profession pursuant to the tax law provisions. The paper also leads to the conclusion that, in principle, medical care services provided by speech therapists are subject to exemption from VAT.
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The aim of this article was to assess to what extent self-regulation within the CSR framework contributes to improving workers’ rights worldwide. Transnational company agreements, corporate codes of conduct, NGOs’ social accountability standards, ISO standards, the Dow Jones Sustainability Index and the Global Reporting Initiative were critically analysed using logical-linguistic, historical and comparative legal methods. The research showed some evidence of a limited impact of CSR instruments on labour rights and proved that CSR tools can be perceived only as additional value to law.
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The case of Orange Romania S.A. c. The ANSPDCP (Case C-61/2019) brought back intoquestion the manner in which the consent of the data subjects is expressed, thus it is either one valid under the regime of personal details processing. In this article, we will try to prove that the consent, like the legal basis, was not the basis for the processing of copies of identity documents.
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