It is still possible to regain property expropriated by the state after the Second World War, and in some cases compensation is awarded instead. Real estate in Poland was expropriated by the state on a massive scale. This was done by operation of law or through administrative orders, which in most cases were issued in violation of the law in force at that time ...
On February 12, 2013, in conjunction with the release of the Executive Order on Improving Critical Infrastructure Cybersecurity (the Executive Order), President Obama signed a Presidential Policy Directive/PPD-21 on Critical Infrastructure Security and Resilience. The PPD revokes the 2003 Homeland Security Presidential Directive-7 (issued by President George W ...
After several years of legislative effort in Mexico, particularly in the area of tax, a structure has been established that now makes it attractive for companies to issue, and investors to acquire, securities based on a beneficial interest in an Infrastructure and Real Estate Trust (known by its Spanish acronym “FIBRA”) ...
Here are select December 2012 rulings of the Supreme Court of the Philippines on civil law: Civil Code Damages; When Applicable. It is essential that for damages to be awarded, a claimant must satisfactorily prove during the trial that they have a factual basis, and that the defendant’s acts have a causal connection to them ...
Here are select December 2012 rulings of the Supreme Court of the Philippines on criminal law and procedure: 1. REVISED PENAL CODE Rape; Pruna Guidelines ...
Here are select December 2012 rulings of the Supreme Court of the Philippines on commercial law:Corporations; liability of corporate officers. Settled is the rule that debts incurred by directors, officers, and employees acting as corporate agents are not their direct liability but of the corporation they represent, except if they contractually agree/stipulate or assume to be personally liable for the corporation’s debts, as in this case. Ildefonso S. Crisologo vs ...
On February 12, 2013, the Obama Administration released an executive order, Improving Critical Infrastructure Cybersecurity (the "Executive Order"), which is focused primarily on government actions to support critical infrastructure owners and operators in protecting their systems and networks from cyber threats ...
The Scottish Courts: The largest volume of litigation takes place in the Sheriff Courts located throughout Scotland, which are similar to the County Courts in England & Wales in that they typically handle disputes which are relatively straightforward and low value ...
On Septemner 21, 2012, Justice Babin of the Superior Court of Quebec rendered a decision which denotes the effect of bad faith of the registrant on damages awards in the context of the unjustified publication of legal hypothec for construction ...
Bare trusts are increasingly being used when investors acquire investment properties as they provide a number of significant advantages. Anyone considering purchasing an apartment building should fully examine the potential use of a bare trust arrangement. What is a bare trust? A bare trust is a legal structure that facilitates the division of the beneficial and legal ownership ...
Revised EPC regulations: Where commercial premises larger than 500m² are frequently visited by the public and have an EPC, it must now be displayed at the premises. This new requirement was introduced by the Energy Performance of Buildings (England and Wales) Regulations 2012, which came into force on 9 January 2013. They replace all existing regulations on energy performance certificates, display energy certificates and air conditioning inspections ...
One of the “Thirteen Presidential Goals” announced by President Peña Nieto when he took office last December is to promote competitiveness in the telecommunications sector. He said: “It is essential to increase the economic competitiveness, specifically, in the telecommunications sector ...
With the Commercial Tenancy (Retail Shops) Agreements Regulations (No. 2) 2012 (WA) (Regulations) being gazetted on Friday 30 November 2012, the amendments to the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) (Act) and the Regulations will now both come into effect on 1 January 2013.The Act and Regulations aim to 'improve the tenancy rights of small business and to enhance the clarity and effectiveness of the legislation' ...
Some favourable news on the global economic front has been trickling in. Markets around the world rallied as the US avoided the fiscal cliff-dive by a nanosecond; China's economy is showing signs of renewed strength, with the powerful manufacturing sector now performing at its best levels in almost two years; and share prices in most of Europe, Britain and even Japan have been trading solidly higher over the past few months ...
The North Carolina construction world was abuzz during 2012 about new legislation bringing significant changes to North Carolina’s mechanic’s lien and payment bond laws. Governor Perdue signed SB 42 and HB 1052 into law this past summer. Key provisions of the laws are set to take effect on January 1, 2013, with other changes coming on April 1, 2013 ...
In September, the National Customs and Tax Authority - DIAN - presented the third draft of the new Customs Statute, which will regulate most of Colombia’s customs law. Although scholars and business associations have presented their comments to the project, the draft seems to be definitive for the most part ...
The Iran Freedom and Counter-Proliferation Act of 2012 (IFCPA), enacted this week by Congress as part of the National Defense Authorization Act for Fiscal Year 2013, further ratchets up U.S. economic sanctions against Iran. U.S. persons or entities (hereafter "persons"), including their foreign subsidiaries, or persons in the U.S., are already prohibited from virtually all transactions involving Iran. Under IFCPA, U.S ...
In a Federal Register notice dated December 26, the Office of Foreign Assets Control (OFAC) of the Dept. of the Treasury updated its regulations to include prohibitions on foreign subsidiaries of U.S. corporations from doing business with Iran. 77 F.R. 75848. The amended regulations also make clear that penalties for trading with Iran by a foreign subsidiary can be imposed on its U.S. parent. Such penalties will not be applied if the U.S ...
With a law enacted on 17 December 2012, the Finnish parliament moved forward on the longstanding plan to house intellectual property rights disputes in the Market Court. This legislative reform has a significant impact for all companies operating in Finland. The Market Court will start to hear these disputes in the autumn of 2013 ...
On 17 December 2012 Treasury released a Consultation Paper on minimum governance standards for entities registered with the Australian Charities and Not-for-profits Commission (ACNC), as well as draft Regulations and an Explanatory Memorandum on financial reporting obligations and annual information statements for such entities ...
Promote infrastructure, “…to close the gap between different regions of the country and promote economic growth and competitiveness…” is one of the first measures announced by President Enrique Peña Nieto, through his “Thirteen Presidential Decisions”, which consider the following relevant matters: 1. National Infrastructure and Transport Program 2012-2018 (“Program”) ...
Property Management: When does a Breach of Contract become Gross Negligence? (2) Ensuring the Safety of Citizens is a Primary Obligation of the State. On October 10, 2012, the Québec Court of Appeal rendered a most interesting judgment for owners and managers of commercial real estate. In May 1976, Samen Investments Inc. acquires the Gordon Brown Building on De Maisonneuve Boulevard West, near Bleury Street ...
Many construction site operators take for granted permits for stormwater discharge. Operators file Notices of Intent for general permits, needing only to provide plans for sedimentation and erosion control at the construction site.Total Maximum Daily Load (TMDL) is a calculation of the maximum amount of a pollutant loading that a water body can receive in a day and still safely meet water quality standards ...
As we embark upon the season of goodwill, those wishing to embrace the Christmas cheer may wish to consider settlement of an ongoing commercial dispute bringing peace and goodwill to all - besides saving their business time and money in the process.Should you settle? Parties settle disputes for a variety of reasons ...
On November 22nd a law referred as Law against Corruption was published on the official Gazette (Decree number 31-2012 of Guatemalan Congress), which entered into force on November 30th, 2012. This law mainly incorporates amendments to the Criminal Codes, Law Against Organized Crime and Property Forfeiture Law ...
