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<title>law</title>
<link>http://www.bizcovering.com/tags/law</link>
<description>New posts about law</description>
<item>
<title>The Gresham’s Law is a Law That is Never Broken</title>
<link>http://www.bizcovering.com/Business-and-Society/The-Greshams-Law-is-a-Law-That-is-Never-Broken.129400</link>
<description>
<![CDATA[<p>An example of Gresham's law in action following the First World War, the amount of paper money has flooded Europe as people began collecting coins for their metal intrinsic value and as an insurance against the decline of paper money value. Accordingly, coins as the &amp;ldquo;good money&amp;rdquo; virtually disappeared. Another example:</p>
<p>In 1896, Americans have begun to collect gold coins when it became clear that the government would start making silver coins and make it legally equal to the value of gold coins. <br />This observation about human nature and the nature of money is taken from the name of a financier Sir Thomas Gresham (1519-1579). He created the Royal Exchange in London, he pointed out that people would keep the heavy weight coins and pass along the light weight coins. The reason is that dealers are often shave the sides of coins and the public to hold the unshaved coins as long as possible, which are heavy and seems to have more intrinsic value, while spending the lighter coins for transaction. He was not the first to see this behavior, but he was the first to define this law.</p>
 
<p>Here is the definition of Gresham's law:</p>
 
<p>Where by legal enactment a government assigns the same nominal value to two or more forms of circulatory medium whose intrinsic values differ, payments will always, as far as possible, be made in that medium of which the cost of production is least, the more valuable medium tending to disappear from circulation.</p>
 
<p>In other words, watch what you spend.</p><a href="http://www.pheedo.com/click.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-and-Society%2FThe-Greshams-Law-is-a-Law-That-is-Never-Broken.129400"><img src="http://www.pheedo.com/img.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-and-Society%2FThe-Greshams-Law-is-a-Law-That-is-Never-Broken.129400" border="0"/></a>]]></description>
<pubDate>Sun, 25 May 2008 07:24:23 PST</pubDate></item>
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<title>Attaining a Better Understanding of Real Property Law and Conveyance</title>
<link>http://www.bizcovering.com/Business-Law/Attaining-a-Better-Understanding-of-Real-Property-Law-and-Conveyance.118611</link>
<description>
<![CDATA[<p>In order to understand your rights more fully in the ownership of land, this article addresses such matter(s) by definition provided by (English) common law.  Other follow-up articles provide detailed accounts of the evolution of law pursuant to historical progression.</p>
 
<p>Within this beginning series of articles relative to land ownership, we (once again) give definitive guidance as to the meaning of land ownership and all that it entails.</p>
 
<p>Relative to common law, land includes any soil, even soil immersed in water.  Therefore, dry land and bodies of water such as lakes would fit under this classification.</p>
 
<p>When we refer to plots of land, under common law, the reference is made that such land stretches to supposed infinity upwards; and to the earth's center downward.</p>
 
<p>Buildings as well as other type structures and plants growing on the land pass with it.  Additionally, produce on the land becomes the owners by accession.</p>
 
<p>There are exceptions to what an owner is entitled to after acquiring a piece of land.  For instance, objects merely resting on the property are not those of the owner.  However, should an object become firmly fixed to the land or becomes part of something else that is firmly fixed on the property then those objects form part of the real estate and are thus referred to as fixtures.</p>
 
<p>In certain scenarios, individuals entitled to the rights of the land for a pre-designated period of time, in example lessees (or tenants for life), may remove, upon giving up the land, any fixtures, they, themselves have established on &amp;ldquo;said&amp;rdquo; land.</p>
 
<p>Additionally, in other circumstances, persons involved in such an arrangement may garner remuneration from the freeholder for improvements he or she has made on the land.</p>
 
<p>A precise term as to the formerly mentioned improvements is:  betterment.</p>
 
<p>Works that increase the property's value off or outside the property such as a publicly-traveled road may also be referred to as:  betterment.</p>
 
<p>Some laws (sometimes) insist that the landowner make contribution(s) to the cost involved in betterment works.</p>
 
<p>Another example, similar to the circumstances mentioned above, would be the setup of a chain length fence between two properties by two separate land owners.  In this case, both might agree to split the cost of such a fixture 50/50 since the fence would set right on the property line; one side of the fence facing an owner's property and the same holding true for the other (owner.)</p>
 
<p>From an agricultural perspective, crops produced on an annual basis by a farmer are considered &amp;ldquo;emblements&amp;rdquo; and pose an exception to the law wherein crops pass with conveyance of land.</p>
 
<p>In the circumstance previously mentioned, the crops are considered personal property and in effect may pass separately from the land itself, upon the owner's passing.</p>
 
<p>Should there be a sale, they will be auctioned and/or sold with the soil unless there is a specific exclusion.</p>
 
<p>Particular terms have a known meaning when we are referring to land transferred.</p>
 
<p>In example, &amp;ldquo;Farm&amp;rdquo; includes the farmhouse and the land; &amp;ldquo;Water&amp;rdquo; means the owner has the right to the water and fishing; but not to any of the subsoil beneath the water.</p>
 
<p>&amp;ldquo;Pool&amp;rdquo; is inclusive of the water as well as its bed.  Owners, who have land bordered by a river, acquire, in addition, alluvion due to the water's recession.</p>
 
<p>In conclusion, transfer of land from one person to the next rests in the definition of English common law as it concerns the United States and Great Britain.</p><a href="http://www.pheedo.com/click.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-Law%2FAttaining-a-Better-Understanding-of-Real-Property-Law-and-Conveyance.118611"><img src="http://www.pheedo.com/img.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-Law%2FAttaining-a-Better-Understanding-of-Real-Property-Law-and-Conveyance.118611" border="0"/></a>]]></description>
<pubDate>Sat, 03 May 2008 05:22:31 PST</pubDate></item>
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<title>Virtual Attacks of Competitors</title>
<link>http://www.bizcovering.com/E-Commerce/Virtual-Attacks-of-Competitors.113353</link>
<description>
<![CDATA[<p>Jerry had such experience as the number of requests coming from a competitor's IP address blocked his website. Therefore, his competitiveness was blocked. The correctness of such isolation was brought up to the Oberlandesgericht Hamm (re 4 U 99/07) to solve the dispute. On February 13, 2008, the court gave its judgment.</p>
 
<p>An internet shop was offering more than 5,000 deliverable articles to be sold. A competing company started to hit the shop's website to test if the number of the offers really met with reality. Within two hours, 650 pages were hit. The shop installed a protective system against access of spam systems and &amp;ldquo;leaks&amp;rdquo;. This lead to the IP address of the competitor being blocked. Since the competitor considered this as unfair competition, he sued the shop in court.</p>
 
<p>If virtual access denial is in compliance with the rules of fair competition or not also depends on the action of the competitor. Only when the person complaining also acts lawfully will he have rights to complain about his competitor that his IP address was blocked. The judges of the Higher Regional Court Hamm considered the action of the competitor already as violating unfair competition law. With his rampant visits, the competitor did not act like a normal customer would. He was practically blocking the site from other persons' access. The shop has a legitimate interest that its site is protected against security relevant annoyances. It is irrelevant if an IP address is automatically, like in this case, or manually blocked. As long as the competitor behaves like a normal customer, he will be able to study the shop's site as thoroughly as he wants.</p><a href="http://www.pheedo.com/click.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FE-Commerce%2FVirtual-Attacks-of-Competitors.113353"><img src="http://www.pheedo.com/img.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FE-Commerce%2FVirtual-Attacks-of-Competitors.113353" border="0"/></a>]]></description>
<pubDate>Wed, 23 Apr 2008 09:35:16 PST</pubDate></item>
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<title>Help: My Employer is Being Sued</title>
<link>http://www.bizcovering.com/Employment/Help-My-Employer-is-Being-Sued.94778</link>
<description>
<![CDATA[<p>It is very hard on an employee when they find out that their employer is being sued. The first thing that comes to mind for many is &amp;ldquo;what will happen to me?&amp;rdquo; It is not unreasonable to ask this question especially if you work at a very small company. The most important part to remember is that even though the company you are working for is being sued, you are not.</p>
 
<p>A company who is sued and loses is not looked on very kindly by other businesses, especially if they are sued for breach of contract. This kind of suit can ruin a business.</p>
 
<p>If your company is big and has a large amount of capital, it really should not affect you. They can afford to have an attorney on retainer and get advice when they foresee a problem. If you have a small company, running low on capital it will not have a lot of effect on you either. In fact, if your company is so broke it cannot afford an attorney it will go quickly. The business cannot go to court without an attorney. The business suing will automatically win because the business being sued will forfeit and has no representation.</p><a href="http://www.pheedo.com/click.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FEmployment%2FHelp-My-Employer-is-Being-Sued.94778"><img src="http://www.pheedo.com/img.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FEmployment%2FHelp-My-Employer-is-Being-Sued.94778" border="0"/></a>]]></description>
<pubDate>Wed, 19 Mar 2008 03:13:29 PST</pubDate></item>
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<title>Foreign Property Purchase in Turkey</title>
<link>http://www.bizcovering.com/Business-Law/Foreign-Property-Purchase-in-Turkey.79574</link>
<description>
<![CDATA[<ol>
<li>Purchasing of properties in Turkey is only possible in according of the Turkish law.<br /><br />
<ul>
<li>The fully ownership of a property and the attachments is similar to the German property ownership regulations. </li>
<li>The "floor ownership" which is regulated in law no. 634 of  23/06/1965 is also similar to the ownership regulations and contents special ownership like a commonhold property, for example one floor together with a part of the common used area of the property. </li>
<li>The periodic property ownership (time sharing) was opened by law no 3227 of 10/06/1985. It is a variation of "floor ownership", but with a  temporary time in year for using the property for every one of the owners continually every year.</li>
</ul>
</li>
<li>Foreign natural persons or legal persons  are allowed to buy in according of the article 35 of the Turkish fundamental  law (law no. 2644 of 22/11/1934 as amended and promulgated on 7/1/2006 , retroactive valid since 26/07/2006) by fullfilling the following conditions: <br /><br />
<ul>
<li>The first condition is the reciprocity. This means that Turkish natives and companies must have the same rights to buy a property in the country of these foreigners. Reciprocity can be guaranteed by bilateral agreements or national laws. The conditions of reciprocity is valid and fullfilled on the basis of the bilateral agreements of following european countries: Germany, Netherlands, Belgium, United Kingdom, France, Spain, Italy, Ireland, Luxembourg, Norway, Greece, which have intergovermental agreements.For other countries  the territorial regulations/modifications need a proof. By proof of reciprocity the law and legal practice has to be considered. </li>
<li>A foreign private person or a company is allowed to buy maximum 2,5 Hectare of land (complete sum of all properties which are ownership). The Turkish government has the right to enlarge it up to 30 Hectare. The data about the ownership and the rights of use of the foreigners are registered in a computer system where these data is open for all local land registry offices. So control is guaranteed. The owners have to sign a document where they ensure that they do not own more than 2,5 Hectare of land and will accept termless the sale of these land which is above the allowed capacity.</li>
<li>It is an exeption if the foreigner is heir by law. But also only up to 2,5 / 30 Hectar land if there is reciprocity . </li>
</ul>
<ul>
<li>Foreign natives is only allowed to buy properties in areas where qualified Floorplans and ownershiprights and rights of use are existing. </li>
<li>For the charge of property (for example mortgage) are these modifications not valid. There is also no proof of reciprocity. </li>
<li>Foreign companies of trade are only allowed to buy in according to special laws like support of Tourism, Industry, or oil </li>
<li>Apart from foreign natural persons or trading companies, a property ownership or rights of use is not possible for foreign foundations, clubs, or communities, funds in Turkey. The application of such institutions will be immediatly dismissed by the local land registry offices. </li>
<li>In defined areas foreign natural persons and legal persons are not allowed to buy properties or rights of use. This areas are : agricultural and mine areas, areas of irrigation, nature resorts, areas of energy production, areas which are important because of specialities of culture or religion, areas of important strategy and military zones.</li>
</ul>
</li>
</ol><a href="http://www.pheedo.com/click.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-Law%2FForeign-Property-Purchase-in-Turkey.79574"><img src="http://www.pheedo.com/img.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-Law%2FForeign-Property-Purchase-in-Turkey.79574" border="0"/></a>]]></description>
<pubDate>Sun, 03 Feb 2008 05:25:59 PST</pubDate></item>
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<title>Casino Royal...in Iowa?</title>
<link>http://www.bizcovering.com/Business-Law/Casino-Royalin-Iowa.27157</link>
<description>
<![CDATA[<p>Flashing lights, the ring of slot machines, the clinking of change- one would think they were in Vegas. Not quite. Iowa is, however, moving forward in the gambling empire.</p>
 <p>The Iowa House and Senate have both voted to allow casinos to be built on land. For 20 years, law has stated that a casino or other gaming facility must be built on water. The new Riverside Casino seems that it is on land, but the gaming floor was built over a man-made pond to comply with a law passed in 2004.</p>

 <p>The new legislation is expected to fuel the recent spike in interest in the gaming industry. The Riverside and soon-to-come Isle Of Capri- Waterloo casinos prove that the industry in Iowa is becoming a race to "keep up with the Joneses". The new casinos come with price tags of well over $100 million, and have the bells and whistles to prove it: over 1,000 slot machines, dozens of gaming tables, bigger poker rooms, indoor/outdoor pools, larger and more events centers, several restaurants, hundreds of rooms in each hotel, and extra luxuries such as golf courses. The new casinos are proving difficult to keep up with, and nearly all other casinos in eastern Iowa have undergone or are planning a large renovation to stay alive. "Much like any business, we're also very impacted by any level of competition, and as business people, it's our duty to explore all options, and that could include building facilities that include those kind of amenities." said Mo Hyder, vice president and general manager of the Isle of Capri- Bettendorf and Rhythm City- Davenport casinos earlier this year in the Gazette.</p>

 <p>With 20 currently open casinos, Iowa is, believe it or not, ranked 22 in having the most casinos in the country. Don't look for a huge economic shift towards the gaming industry anytime soon though, we're a long way from #1 Nevada: 373 casinos, with an average construction cost of over $1 billion. It won't matter to us for a few years anyway- Iowa has very strict laws (and punishment) against any person under 21 on the floor. </p><a href="http://www.pheedo.com/click.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-Law%2FCasino-Royalin-Iowa.27157"><img src="http://www.pheedo.com/img.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-Law%2FCasino-Royalin-Iowa.27157" border="0"/></a>]]></description>
<pubDate>Tue, 10 Apr 2007 04:45:25 PST</pubDate></item>
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<title>What is Bureaucracy?</title>
<link>http://www.bizcovering.com/Business-and-Society/What-is-Bureaucracy.27098</link>
<description>
<![CDATA[<p>Weber was a German sociologist and formulated ideas on the ideal management approach for large organizations. Unlike Taylor and Fayol who tried to solve practical problems related to the activity of managing, Weber was more concerned with the basic issue of structuring the enterprise. He developed a set of ideas about the structure of an organization that define what we know as "bureaucracy."</p>
 <p>The characteristics of an ideal formalized organization or bureaucracy as described by Weber consist of the following set of typical characteristics:</p>
 <p><ul>
  <li> Division of labor : authority and responsibility are defined very clearly and set out as official duties; </li>
  <li> Hierarchy of authority: office positions are organized in a hierarchy of authority resulting in a chain of command or what is known as "the scalar principle";</li>
  <li> Formal selection: employees are selected on the basis of technical qualifications (merits) through formal examinations, education or training;</li>
  <li> Career managers: managers are not owners of the units they administer, but professionals who work for fixed salaries and pursue "careers" within their respective fields;</li>
  <li> Formal rules: administrators must function according to strict formal rules and other controls regarding the conduct of their official duties. These rules and controls would be impersonal and uniformly applied.  .</li>
 </ul></p>
 <p>Because of the emphasis on efficiency that had developed around the turn of the 20th century, many management scholars and practitioners interpreted Weber's writings on bureaucracy as a prescription for organizing. However, Weber was more interested in developing his bureaucratic type as a method for comparing organizational forms across societies. He believed firmly that not one single organization would conform to the dimensions of his bureaucratic model. He only believed that some organizations would have a close resemblance to his ideal type of bureaucracy. Weber was merely testing his thesis of the modernization of society which is especially characterized by rationalization. The more modern societies become, the more rational the citizens will become and the greater the need to create bureaucratic organizations. It was Weber's interest in the rationality of social life that directed his attention to the study of organizations.</p><a href="http://www.pheedo.com/click.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-and-Society%2FWhat-is-Bureaucracy.27098"><img src="http://www.pheedo.com/img.phdo?x=&u=http%3A%2F%2Fwww.bizcovering.com%2FBusiness-and-Society%2FWhat-is-Bureaucracy.27098" border="0"/></a>]]></description>
<pubDate>Tue, 20 Mar 2007 09:10:55 PST</pubDate></item>
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