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Legal Aspects Of Business Book Pdf Free 136 [PORTABLE]



53. These situations have caused sister earth, along with all the abandoned of our world, to cry out, pleading that we take another course. Never have we so hurt and mistreated our common home as we have in the last two hundred years. Yet we are called to be instruments of God our Father, so that our planet might be what he desired when he created it and correspond with his plan for peace, beauty and fullness. The problem is that we still lack the culture needed to confront this crisis. We lack leadership capable of striking out on new paths and meeting the needs of the present with concern for all and without prejudice towards coming generations. The establishment of a legal framework which can set clear boundaries and ensure the protection of ecosystems has become indispensable; otherwise, the new power structures based on the techno-economic paradigm may overwhelm not only our politics but also freedom and justice.




Legal Aspects Of Business Book Pdf Free 136



182. An assessment of the environmental impact of business ventures and projects demands transparent political processes involving a free exchange of views. On the other hand, the forms of corruption which conceal the actual environmental impact of a given project, in exchange for favours, usually produce specious agreements which fail to inform adequately and to allow for full debate.


197. What is needed is a politics which is far-sighted and capable of a new, integral and interdisciplinary approach to handling the different aspects of the crisis. Often, politics itself is responsible for the disrepute in which it is held, on account of corruption and the failure to enact sound public policies. If in a given region the state does not carry out its responsibilities, some business groups can come forward in the guise of benefactors, wield real power, and consider themselves exempt from certain rules, to the point of tolerating different forms of organized crime, human trafficking, the drug trade and violence, all of which become very difficult to eradicate. If politics shows itself incapable of breaking such a perverse logic, and remains caught up in inconsequential discussions, we will continue to avoid facing the major problems of humanity. A strategy for real change calls for rethinking processes in their entirety, for it is not enough to include a few superficial ecological considerations while failing to question the logic which underlies present-day culture. A healthy politics needs to be able to take up this challenge.


Article 6:96 Material loss - 1. A material loss includes losses suffered as well as missed profits. - 2. The following damages also qualify for compensation as material loss: a. reasonable costs to prevent or limit the damage which could be expected as a result of the event which makes someone liable; b. reasonable costs for determining the nature and scope of the damage and of the liable persons; c. reasonable costs for attempts to get satisfied on the basis of a settlement out of court. - 3. Paragraph 1, under (b) and (c) does not apply as far as in the prevailing case the rules regarding the costs of legal proceedings are applicable pursuant to Article 241 of the Code of Civil Procedure. - 4. In the event of a commercial transaction as meant in Article 6:119a, paragraph 1, or 6:119b, paragraph 1, the compensation of costs referred to in paragraph 2, under (c), consists of at least an amount of 40 Euros. This amount is due, without any reminder (formal notice) being required, as of the day following the one on which the statutory or agreed deadline for payment has expired. It is not possible to derogate from this rule to the detriment of the creditor. - 5. Further regulations shall be issued by Order in Council for the compensation of costs meant in paragraph 2, under (c). It is not possible to derogate from these regulations to the detriment of the debtor if the debtor is a natural person who did not act in the course of his professional practice or business. In that case Article 241, first sentence, of the Code of Civil Procedure is inapplicable. - 6. If the debtor is a natural person who did not act in the course of his professional practice or business, then the compensation according to the further regulations shall be indebted only when the debtor, after he defaults as meant in Article 6:81, has been ordered by formal notice to make the payment within fourteen days, including the payment of the compensation claimed in accordance with the further regulations, with mention in the formal notice of the consequences when he fails to make this payment, appears to have been formally notified in vain; in that case the compensation shall be indebted as of the day on which the formal notice was sent. - 7. If the same creditor is able to send a formal notice as meant in paragraph 6 for more debts against the same debtor, he has to do so in one formal notice. For the purpose of calculating of the compensation, the capital sums of these debt-claims are added.


Article 6:140 Setoff by operation of law (current accounts) - 1. If law, common practice or a juridical act requires that all or specific money claims and money debts between two parties are booked on one account, then the involved amounts will be setoff against each other immediately by operation of law in the order in which these parties are entitled to make a setoff according to the previous Article or according to their mutual legal relationship, and, at all times, only the balance sheet shall be due. Article 6:137 does not apply. - 2. The party administering such an account, shall close it annually and shall inform the opposite party of the outstanding balance at that moment, reporting to him as well the components of which the account exists as far as they have not yet been notified to him. - 3. If the opposite party does not protest within reasonable time against the balance of the account as reported to him pursuant to the previous paragraph, that balance is regarded to be assessed between parties. - 4. After the balance of the account has been assessed, it is no longer possible to appeal to a prescription or a statutory time-limit with regard to the separate components of the account. The right of action with regard to the balance becomes prescribed on the expiry of five years after the day following the one on which the account has been closed and the balance has become due and demandable. - 5. From the legal relationship between parties may result something else than what is stipulated in the previous provisions.


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