The principle of legal certainty as a principle of economic efficiency

Portuese, Aurélien; Gough, Orla; Tanega, Joseph

doi:10.1007/s10657-014-9435-2

Cited by 13 publications

(5 citation statements)

References 16 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…44 Such conflicting regulations compromise legal certainty, a cornerstone for economic efficiency. 45 POJK 57/2020 presents a conflict within its own framework, specifically in Article 2, which designates SCF platform operations as a financial service within the capital market sector. Pursuant to section 13 of the Capital Market Law No.…”

Section: Navigating Regulatory Complexities In Debt-based and Securit...mentioning

confidence: 99%

Overcoming Regulatory Hurdles in the Indonesian Crowdfunding Landscape

Noor,

Marzuki,

Saputro

et al. 2023

volksgeist

View full text Add to dashboard Cite

With the exponential rise in crowdfunding, several pertinent issues have come to the fore. These include unauthorized access to personal data, exorbitant interest rates for funding recipients, and investor fund security concerns. Other issues, such as aggressive debt collection practices and misuse of donated funds, also warrant attention. The underdeveloped state of crowdfunding regulations in Indonesia, which offers insufficient legal certainty and protection, is often blamed for these issues. Thus, a thorough examination of the legal and regulatory framework governing crowdfunding in Indonesia is crucial. This study scrutinizes the legal norms, identifies, and harmonizes the diverse regulations applicable to crowdfunding in Indonesia. The findings underscore the necessity for enhancements in the laws and regulations pertinent to crowdfunding. Key areas of focus should include establishing a legal status for crowdfunding platforms, setting fair interest rates, fortifying investor fund security mechanisms, penalizing illegal crowdfunding activities, and intensifying oversight of fund usage in donation-based crowdfunding schemes. Equally crucial is the imposition of penalties for regulatory breaches in crowdfunding, reflecting a genuine commitment towards ensuring justice and legal certainty in all crowdfunding transactions.

show abstract

Section: Navigating Regulatory Complexities In Debt-based and Securit...mentioning

confidence: 99%

Overcoming Regulatory Hurdles in the Indonesian Crowdfunding Landscape

Noor,

Marzuki,

Saputro

et al. 2023

volksgeist

View full text Add to dashboard Cite

show abstract

“…Legal certainty is a hallmark of the rule of law and a crucial element for a free market economy (Portuese et al 2013). Moreover, the psychology of Russian legal (judicial) thinking is characterized by its normativity and the inclination to rely on specific rules when assessing legal phenomena (Semenyuta 2021).…”

Section: The Civil Law Assessment Of the Relationships Between Operat...mentioning

confidence: 99%

Analogy in the Civil Law Assessment of Co-Working Agreements in Russia

Mikryukov

2022

Laws

View full text Add to dashboard Cite

The study’s relevance stems from the wider and more active use of shared workstations and the increasing demand for an adequate civil law assessment of contractual co-working relations. The research goal was to identify and, using the analogy, evaluate possible models of legal assessment of co-working contracts from the perspective of civil law. The research methods include special technical and legal tools, such as legal modeling, doctrinal civil means of analysis and synthesis, induction and deduction, and generalization. The research identified the theoretical and law enforcement ambiguity in the legal assessment of co-working contracts and the recommendations on the direct and analogic application of existing civil law instruments to solve this problem. The significance of the study includes its potential to promote co-working as an innovative format for organizing business, work activities, and contributing to an overall increase in the efficiency of civil transactions in Russia. The results of the work may be useful not only for Russian actors, but also for actors in those jurisdictions where co-working also does not have a direct civil law enforcement. At the same time, the research focuses on the potential of analogy in overcoming the ambiguity of the legal regime of new economic phenomena and in creating new legal structures.

show abstract

“…34 Federal Law "On JSC" and compulsory corporate investment. Taking into consideration that legal certainty, which is a hallmark of the rule of law, plays a fundamental role in law due to its economic optimality for market participants (Portuese et al, 2013), it seems appropriate to fill the existing legal gap in a regulatory way and make legislative adjustments in para. 2 of Art.…”

Section: Viktor Mikryukovmentioning

confidence: 99%

Gaps and analogies in the formation of registered capital of limited liability and joint-stock companies

Mikryukov

2021

Cuest. Pol.

View full text Add to dashboard Cite

The aim of the research is to analyses and, using analogy, to examine exhaustively the areas of legal uncertainty in the mechanism of social capital formation of commercial entities, while at the same time checking the coherence of the statutory analogy and the analogy in law as a universal means of protecting and combating gaps in the business sphere. A combination of general logical methods of analysis and synthesis, induction and deduction, comparison and generalization, characteristic of works dealing with civil law, were applied. At the same time, the analogy method was used as a research tool and as a research tool. The conclusions of the work include the identification of specific gaps in the legal regulation of the procedure, methods, and terms of payment of share capital, the identification of ways to overcome these gaps casually and the formulation of proposals for the legislative updating of the regulatory structure of the share capital of commercial companies.

show abstract

The principle of legal certainty as a principle of economic efficiency

Cited by 13 publications

References 16 publications

Overcoming Regulatory Hurdles in the Indonesian Crowdfunding Landscape

Overcoming Regulatory Hurdles in the Indonesian Crowdfunding Landscape

Analogy in the Civil Law Assessment of Co-Working Agreements in Russia

Gaps and analogies in the formation of registered capital of limited liability and joint-stock companies

Contact Info

Product

Resources

About