浅析上市公司"资金占用"问题

上市公司“资金占用”问题,既反映出大股东与中小股东的利益冲突,也反映了现行法律制度对此的规范和约束存在缺陷.本文针对控股股东利用合同形式和滥用控制权直接侵占资源的问题,对“资金占用”行为进行了分类定性,提出制定和完善相关法律制度的基本思路.     

Credibility in the Court of Chancery: Salesbury v. Bagot, 1671-1677

ABSTRACT

Between 1671 and 1677, William Salesbury of Rhug fought a bitter legal battle in Chancery against his cousin, Dame Jane Bagot, and her family. William contested Jane’s inheritance of the Bachymbyd estate, Denbighshire, which once belonged to their shared paternal grandfather. According to the Chancery records, their grandfather wrongfully disinherited William’s father. The Lord Chancellor judged five out of six points in William’s favour. However, the estate archives demonstrate that William’s father had no lawful claim to Bachymbyd and William built his suit on forgeries and half-truths. In a case where a daughter inherited an estate from a younger son, William manipulated the contemporary social norms of gender and primogeniture. The suit provides a unique opportunity to understand how credibility was constructed in the seventeenth century. This article suggests that credibility depended on social norms and played a larger role in the law, and perhaps wider society, than evidence-based truth.     

Between two cities: Jewish women and exogamous marriage in medieval Catalonia

In the marriage strategies of medieval Catalan Jews, the economic security of women came second to the economic goals of families. Exogamous marriages – marriages between the Jewish communities of two different cities – exacerbated the vulnerability of Jewish wives, widows and divorcées, due in large part to restrictions on women’s travel. Women who moved in order to marry experienced greater difficulty in managing financial resources and lost access to kinship networks. When women married men from other cities, at best they found themselves unable to take advantage of the connections created by their marriages. At worst, they risked financial loss if their husbands absconded to other cities with their dowries. Five case studies drawn from thirteenth- and fourteenth-century Catalan notarial registers reveal some of the ways in which exogamous marriages disadvantaged Jewish women. The extreme case of exogamy delineates the boundaries of possibility for Jewish women in the medieval Western Mediterranean.