GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW) | ||||||
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10:04 Oct 25, 2002 |
Italian to English translations [PRO] Law/Patents | |||||||
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| Selected response from: Richard Boyce Local time: 07:44 | ||||||
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Summary of answers provided | ||||
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5 | individual legal liability |
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4 | invested ? |
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4 | vedi sotto |
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4 | legal capacity invested... |
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invested ? Explanation: but of course it depends on how you are going to translate "soggettivita' giuridica" more later, if I can lay my hands on my legal dictionary at work ciao paola l m |
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vedi sotto Explanation: perhaps: "those acting on behalf of the branch are subject to certain legal provisions ..." This site might explain the situation - I'm not sure how up-to-date it is but might give you some leads for further research: THE BRANCH OFFICE In Italy, the branch-office with a permanent establishment (commonly called "secondary office" or "branch" of the foreign enterprise) is governed by art. 2506 of the Civil Code. Juridically speaking, the entity is unique: the branch is not an enterprise established by the Italian law ex novo, even though with capital entirely owned by foreign partners. It is an entity with no legal status, belonging to the foreign subject (an office, store, laboratory, etc.), that continues to have its head office, registered office and operating office abroad(3). Through this vehicle, in any case, the foreign enterprise can undertake any business activity in Italy without investing so heavily. According to the aforementioned art. 2506 of the Civil Code, amended by Legislative Decree n. 516 of December 29, 1992, bearing the "Enforcement of the 89/666/EEC Directive on the publication of branches set up in a Member-Country by specific categories of enterprises subject to the law of a different country", as well as to articles l0l-ter and l0l-quater of the enforcing Provisions of the Civil Code, introduced by the same decree, the branch-office of an enterprise set up abroad with a permanent establishment in Italy is subject to the provisions on the publication of company documents, as well as to those governing the enterprise's management(4). The branch-office must also publish the personal details of the agents who permanently represent it in Italy, stating their relevant powers, and must deposit their signatures with the register of business enterprises. It should be noted that, until the fulfillment of the aforementioned formalities, the agents acting in the name of the branch-office are liable unlimitedly and jointly and severally for the obligations assumed. Fiscally speaking, the branch-office, as a "permanent establishment", falls under the standard laws governing resident enterprises and entities, and must therefore comply with all obligations established by the fiscal tax legislation. Therefore, compared with the establishment or acquisition of an enterprise established by the Italian law, the establishment of a branch-office is undoubtedly more flexible and less burdensome (in fact, it is not subject to all the procedures and constraints established by the Italian regulation for the establishment of an enterprise)(5). However, it does not bring about significant tax benefits. http://www.italyemb.org.sg/commerciale/investing4.html Reference: http://www.italyemb.org.sg/commerciale/investing4.html |
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individual legal liability Explanation: ... which in our legal system entails individual (subjective / personal) liability on the part of the branch's head (chief / legal representative). *Also based on reading the extract posted by Grace. |
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legal capacity invested... Explanation: Definizione in italiano: La nostra riflessione induce a proporre una modifica dell’articolo 1 al primo comma del codice civile. Si tratta di dichiarare che ogni uomo ha la capacità giuridica in quanto uomo, cioè che la soggettività giuridica ha origine dal concepimento, non dalla nascita. La soggettività (detta anche personalità o capacità) giuridica implica l’attitudine ad essere titolare di diritti. In definitiva si tratta di dare applicazione all’articolo 22 della Costituzione, secondo cui nessuno può essere privato della capacità giuridica. Definizione in inglese (Eurodicautom) Definition l'idoneità riconosciuta dalla legge ad una persona fisica o giuridica,a compiere validamente atti e negozi giuridici Reference International Accounting Lexicon(U.E.C.)-Conti di Gruppo (1) TERM capacità giuridica Reference International Accounting Lexicon(U.E.C.)-Conti di Gruppo Definition the capacity of an individual,whether a person or a corporate body,to exercise legal rights and to have legal obligations Reference Internat.Account.Lex.,UEC-Group Accounts (1) TERM legal capacity Reference Internat.Account.Lex.,UEC-Group Accounts I would say "legal capacity" even if it is not exactly that in the definition of the Italian Senate. |
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