Browsing by Subject "Germany"

Now showing 1 - 4 of 4
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    Liability of the prospectus a comparison between South Africa and Germany
    (2007) Zschiesche, Jan Hendrik; Larkin, Michael
    A levelled basis of information for all market participants, market transparency as well as the integrity of the market are indispensable prerequisites for the_protection of financial investors: However, any legislative protection of investors does not aim to reduce the typical investment risks of risk papers but rather to lower risks which exceed those typical risks.
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    The German “special representative” and corporate governance corporate governance for crisis situations in financial institutions
    (2007) Eric Fiedler, Bernhard Thor; Larkin, Mike
    In Germany, banks and insurance companies are regulated and supervised by the finan cial supervisor, the Bundesanstalt für Finanzdienstleistungsaufsicht [BaFin]. The Bank ing Supervision Act Kreditwirtschaftsgesetz [KWG] and the Insurance Supervision Act Versicherungsaufsichtsgesetz [VAG] provide the financial supervisor with a broad range of powers regarding the enforcement of the law. One of these powers is the ability to appoint a special representative. Under certain circumstances, according to s 83a (1) VAG, the financial supervisor is allowed to suspend parts or even whole organs of a supervised company and to replace them with a special representative.
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    The role of good faith in contract law good faith and unfair contracts in South Africa and Germany-a comparative approach
    (2001) Ringleben, Claas; Visser, Danie
    Good faith is irritating legal systems all over the world, the more so since the principle continuously finds way into various agreements applicable to both national and international transactions. The logical consequence thereof is - or will be - that legal systems that are so far unfamiliar with the principle are forced to employ it to the dispute in question. This fact applies irrespective of its open recognition or its vehement or modest rejection. Whereas Germany openly recognises good faith as one of the most important aspects of its contract law in various modi operandi, South African law, in contrast, contains no such general principle of good faith, although it does have an implicit or undisclosed principle of that sort.
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    Workers' participation in Zimbabwe and Germany: lessons for Zimbabwe
    (2011) Chipazi, Anthony Raymond; Kalula, Evance
    This paper examines the concept of workers' participation in Zimbabwe (developing country) and Germany (developed country). Its main focus is on the institutional and social context of legislative framework in promoting workers' participation in the two countries. It is concerned with the practical operation of collective bargaining and other fonns of worker representation, the structure and functions of unions and employer associations, role of government agencies and the nature of political processes. Furthermore, it adds an international perspective to the concept of workers' participation through the lens of the International Labour Organisation (!LO). It also makes a comparative analysis of the functional equivalents between the different structures/institutions for workers' participation in Germany and Zimbabwe. By examining the German case, this provides insight into and lessons for Zimbabwe. While debate on workers' participation in Zimbabwe has mainly focused on the structure of present law, this paper argues that it is the application of law which reveals the true character of the institutions. It ends by suggesting a way forward on Zimbabwe's precipice with regard to workers' participation.