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Book Description

This edition in the IFA Seminar Series contains the lectures of a seminar held in Cancun, Mexico in 1992 during the 46th Congress of the International Fiscal Association on the theory and practice of advance ruling in the fiscal sphere. Advance ruling may be defined as `a decision regarding the consequences of a proposed transaction, given by the competent authority and binding upon that authority'. The subject, applied to the field of taxation, is regarded by different authors from the perspectives of France, Germany, The Netherlands, Sweden and the USA. The situation with respect to the practice and legality of advance ruling in fiscal matters differs in the various countries. In some countries the advance settlement of tax questions is more common than in others. In the Netherlands, for example, there is a long standing tradition of the advance settlement of tax questions creating a great deal of certainty about the tax consequences of certain commercial activities long before the assessment is actually made. Despite the differences existing in the USA, France, The Netherlands, Germany and Sweden with regard to advance ruling in tax matters a few general characteristics can be given. In all the countries in question the tax payer does not, in all cases, have a right to an Advance Ruling, but in case he does obtain one, it is binding upon the tax authorities. Finally the tax payer in all the countries concerned can renounce the right to rely on an Advance Ruling.

Aircraft Finance:Recent Developments and Prospects

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Aircraft Finance:Recent Developments and Prospects
Berend Crans
Manufacturer: Kluwer Law International
ProductGroup: Book
Binding: Hardcover

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ASIN: 9041101411

Book Description

Aircraft Finance: Recent Developments and Prospects confronts the burning issues in the turbulent world of the airline industry. The book combines selections of presentations from the First and Second De Brauw Blackstone and Westbroek Aircraft Finance Conferences, held in January 1992 and 1995, respectively. It deals with the legal and tax aspects of aircraft finance transaction in six European jurisdictions: France, Germany, Spain, Sweden, Belgium and the Netherlands. All presentations have been reviewed and updated by the authors. Issues raised include funding sources, security rights, aircraft leasing and the effect of the EC licensing regulation. Furthermore, it contains two selections dealing with the outlook for the aviation industry and the aircraft finance market. Audience: Lawyers, financiers, airlines, lease companies and aircraft manufacturers. Provides practical answers to complex legal issues.

A Comparative Study of the Portuguese, British and Dutch Systems (Series on International Taxation)

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A Comparative Study of the Portuguese, British and Dutch Systems (Series on International Taxation)
Gloria Texeira
Manufacturer: Kluwer Law International
ProductGroup: Book
Binding: Hardcover

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Book Description

This work explores the main distortions arising from the economic double taxation of distributed profits in three member states of the European Union: Portugal, the United Kingdom, and the Netherlands. The author analyses the tax implications of this form of double taxation from a legal point of view. To this end, Taxing Corporate Profits in the EU examines both domestic laws and international tax treaties covering inward and outward investment and dividend income tax burdens regarding those taxes that directly influence the effective dividend income tax rate. The author assesses the results of this analysis in light of the tax principles of neutrality; efficiency; non-discrimination under EU law; and the objectives of fair distribution of revenue between member states, simplicity, and prevention of tax evasion. The multi-faceted conclusion: + Well-accepted tax principles, such as the principles of worldwide taxation and vertical equity, operate less efficiently within the overall tax system. + Instead, the source principle is gaining momentum, with simplicity and neutrality aims prevailing over distributional criteria. + The principle of capital import neutrality is of growing importance as compared with the principle of capital export neutrality. + Problems remain with regard to the balance between debt financing and equity financing, unless an exemption system is in place, further complicated by the more favourable treatment given to capital gains. + Neither classical nor imputation systems provide a satisfactory answer to these problems. Its comprehensive, comparative analysis makes Taxing Corporate Profits in the EU a valuable research work for academics and practitioners in the field.

Corporate Law and Practice of the Netherlands:Legal and Taxation (Loeff Legal Series, 6.)

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Corporate Law and Practice of the Netherlands:Legal and Taxation (Loeff Legal Series, 6.)
Steven Schuit
Manufacturer: Springer
ProductGroup: Book
Binding: Paperback

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Book Description

Corporate and tax laws in Europe keep changing, largely as a result of European Commission initiatives. These changes provide protection to creditors and investors, but also lead to a lack of harmonisation. Significant differences between the national systems continue, often the result of historical or cultural differences between the European countries. Netherlands corporate law represents the traditional Dutch Delta Model for corporate law but is also a particular expression of a modern, industrialised country. Netherlands tax law reflects its friendly attitude toward Netherlands-based multinationals and the investment-friendly attitude of the administration. This work provides an in-depth look at Netherlands corporate law. Topics discussed include: + unique qualities of Netherlands corporate law, + selecting a business organisational form, + types of corporations, + corporate litigation, + duties of board members, + taxation of companies, and + mergers and acquisitions. Corporate Law and Practice of the Netherlands is the only detailed, English-language treatise focusing specifically on Dutch corporate law, making it an unmatched resource for investors, businesspeople, professional advisors, and academics.

E-Commerce Law: National and Transitional Topics and Perspectives

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E-Commerce Law: National and Transitional Topics and Perspectives
Henk Snijders
Manufacturer: Kluwer Publications
ProductGroup: Book
Binding: Hardcover

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Euthanasia in the Netherlands: The Policy and Practice of Mercy Killing (International Library of Ethics, Law, and the New Medicine)

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Euthanasia in the Netherlands
An excellent book on an important topic
Book in the tradition of Dworkin, Rawls and Kelsen

Euthanasia in the Netherlands: The Policy and Practice of Mercy Killing (International Library of Ethics, Law, and the New Medicine)
R. Cohen-Almagor
Manufacturer: Springer
ProductGroup: Book
Binding: Hardcover

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ASIN: 1402022506

Book Description

This book is a must for anyone who wishes to understand the pitfalls of policy-making where euthanasia and physician-assisted suicide are concerned. The book will be most useful in academic forums, and it will appeal to legislatures and judges who take the decisions and make the judgments necessary to protect the fabric of society in the face of technological medicine. In addition, this book is of relevance to medical doctors, ethicists, lawyers working in the field of medical law and ethics, and sociologists who are interested in end-of-life issues and social justice.
Euthanasia in the Netherlands:

- addresses an issue that is of growing concern in North America and Europe;
- offers an interdisciplinary, compelling study in medicine, law, religion and ethics;
- covers a wide range of theoretical and practical issues concerning the end of life;
- considers the philosophical difficulties inherent in the concepts of medical ethics;
- is not confined strictly to the philosophical realm;
- is based on interviews conducted in hospitals, research centers and universities in the
Netherlands
- will contribute to the ongoing debate about the intricate questions of medical ethics;
- deals with issues that bring scholars and students, politicians, sociologists, jurist and lawyers together.

Customer Reviews:

Euthanasia in the Netherlands.......2004-12-26

Raphael Cohen-Almagor from the University of Haifa has investigated, studied and published on the issue of euthanasia over the past many years with a special interest in the policy and practice aspects of physician assisted suicide.
This book is a case study over several years of the experience and practice from the Netherlands, where physican assisted suicide has taken place for a long period with this Dutch experience often used by other countries in their ethical and legal search for a solution to this complex problem.
The book is divided into three parts: the background with research reports on the medical practice of euthanasia in the Netherlands from 1990, 1995 and 2001 and the interpretations, fieldwork by the author in the Netherlands in 1999, 2001 and 2002 and finally the conclusions.
The author has produced a well researched addition to this complex and controvertial issue of mercy killing on the basis of an in-depth study of the situation in the Netherlands. The author had published and supported the performance of euthanasia before his study in the Netherlands, but he visits changed his mind and views concerning the practicality and implementation of euthanasia. The shortcomings of the Dutch experience is presented in a clear language and in the conclusion the author provide a set of guidelines for physician assisted suicide to prevent abuse and misuse.
This book has relevance for physicians, nurses, public health professionals, lawyers, sociologists, policy makers and professionals dealing with ethics and the topic of euthanasia.

Professor Joav Merrick, MD
Director, National Institute of Child Health and Human Development and Medical director, Division for Mental Retardation, Box 1260, IL-91012 Jerusalem, Israel. E-mail: jmerrick@internet-zahav.net

An excellent book on an important topic.......2004-11-14

Euthanasia in the Netherlands is an excellent book on an important topic. It succeeds in giving an even-handed appraisal of Dutch euthanasia practices, providing a better understanding and valuable insights of the Dutch experience with euthanasia and physician-assisted suicide. Cohen-Almagor analyses clearly and accurately the weaknesses of the policy and offers recommendations for correcting the deficiencies and developing a sounder policy. He combines an overview of the literature with analyses and interpretations of the intriguing interviews he conducted with key people in the Netherlands.

Cohen-Almagor's book is critical but judicious. He gives a balanced account of the views with which he disagrees and he carefully explains the basis for his disagreement. His style of writing is straightforward, clear, easy to follow, logical, and coherent. Bioethicists and other scholars in medicine, public health, and law will be interested in this book. College teachers of medical ethics will also find it valuable, and educated general readers with a special interest in euthanasia will find it helpful.

Book in the tradition of Dworkin, Rawls and Kelsen.......2004-11-14

Writing a book on the Dutch experience with euthanasia is not an easy matter. Several reasons can explain the difficulty. First of all the ethics of the present palliative and terminal care has not been spelled out in detail until recent years. The difficulties every physician meets more than once in his career when confronted with a sincere wish of the patient to die in a humane way in a situation of unbearable suffering, are still puzzling for moral and legal thinking. Secondly, our ways of legal and public thinking are still not adapted to the situation in which death is a part of life, not so much as a natural fact but as a process that can be controlled. The goals of medicine to uphold human dignity and to alleviate suffering are at stake in this process. The Dutch policy to aim at a system of both legal clarity and control is perhaps at this moment the most articulated answer to the difficulties, but will almost certainly not be the last word in the issues of death and dying.

Rafi Cohen-Almagor has contributed much to the ongoing discussions by interviewing all the prominent legal, moral, political and medical people involved in the development of the Dutch legal ruling. His analysis of the interviews is based on clear, lucid thinking and argument. Unlike some others he tries to stay with the facts without entangling them with moral or political prejudice. Instead he tries to develop a view according to best standards of academic thinking. In the end he gives his own conclusion based on his experiences. One does not need to subscribe them in order to appreciate the work Prof. Cohen-Almagor has done. This book will certainly be helpful in every discussion on the legal and moral principles of assistance in dying, in traditions of legal philosophy such as the schools of Dworkin, Rawls and Kelsen. It can help physicians, nurses and others engaged in palliative care to sharpen their views in the ethics of palliative care as well in the forms of public and legal control that are needed in the burdensome but rewarding work of assistance in dying.

ICT Law and Internationalisation - A Survey of Government Views (Law and Electronic Commerce Volume 10)

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ICT Law and Internationalisation - A Survey of Government Views (Law and Electronic Commerce Volume 10)
Bert-Jaap Koops , Corien Prins , and Hielke Hijmans
Manufacturer: Kluwer Law International
ProductGroup: Book
Binding: Hardcover

Digital Law | Business & Culture | Computers & Internet | Subjects | Books

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ASIN: 9041115056

Book Description

Legal problems abound in the information society. Electronic commerce, copyright, privacy, illegal and harmful content, taxes, wiretapping governments face an enormous challenge to meet the advent of the Internet and ICT with a flexible, up-to-date, and adequate legal framework. Yet one aspect makes this challenge even more daunting: internationalisation. Law is still to a great extent based on nation states, but the information society is above all a borderless and global society. Territoriality and national sovereignty clash with the need for a global approach to address ICT-law issues. Should states leave everything to the global market, or should they intervene to protect vital national interests? If they create regulations, should these reflect the rules of the physical world? How can one enforce national rules in a world where acts take place somewhere' in Cyberspace? This book presents the positions on these issues of the governments of the Netherlands, Germany, France, the UK, and the US, as well as of international organisations. How do they think about co-regulation, law enforcement, harmonisation, international cooperation, and alternative dispute resolution? How do they deal with applicable law and online contracts, privacy, international liability of Internet providers, and electronic signatures? What are the implications of the European Electronic Commerce Directive and the draft Crime in Cyberspace convention? Any legal framework that is to fit the global information society must take into account internationalisation. This volume shows to what extent governments are meeting this challenge.

Lands Across the Sea:Trusts, Taxes and Donative Transfers of Land in the Netherlands and the United States

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Lands Across the Sea:Trusts, Taxes and Donative Transfers of Land in the Netherlands and the United States
D. Gordon
Manufacturer: Springer
ProductGroup: Book
Binding: Paperback

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ASIN: 9065444777

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Netherlands Business Legislation

Manufacturer: Kluwer Law International
ProductGroup: Book
Binding: Paperback

Business Law | Reference | Business & Investing | Subjects | Books

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ASIN: 9041107908

Book Description

International business and trade is a major part of commercial activity in the Netherlands. To support these international exchanges, it is essential for all parties concerned to have direct access to the legislation governing such important matters as legal persons, obligations, contracts, bankruptcy, securities markets, and other factors that significantly affect business transacted in the Netherlands. Netherlands Business Legislation fulfills this need for Netherlands business law in translation. It offers practitioners: + a looseleaf publication containing a top-quality English translation of the business-related parts of the Netherlands Civil Code and other relevant laws, many of the translations officially approved by the Netherlands Ministries of Justice and Finance; + free access, exclusive to NBL users, to an online service that allows users quickly to find, download and print exactly the business law sections they need in either English or Dutch -- plus Books 6 and 7 of the Civil Code in French and Books 2, 6 and 7 in German; + direct comparison of texts on the internet site, with easy links between translations; and + regular updates of both looseleaf and online resources, so subscribers may be sure of up-to-date access to relevant new legislation and changes to existing laws. Netherlands Business Legislation will be useful to lawyers all over the world, both in civil law and common law countries. Where terminology differs between the two legal traditions, terms understandable in either are given. This long-awaited new service will be of the highest value to all branches of the legal profession, be they in-house counsel in transnational firms, legal practitioners, government counsel or members of the academic community. Translators and their areas of responsibility are as follows: Peter Haanappel, Professor of Law, Leyden University, the Netherlands and Ejan Mackaay, Professor of Law, Universite de Montreal, Canada: Books 6 and 7 of the Civil Code in both English and French. Hans Warendorf, counsel, Trenite Van Doorne, Amsterdam, the Netherlands and Richard Thomas, Partner, Sinclair Roche & Temperley, London, UK: English versions of Book 2 of the Civil Code, the Bankruptcy Act, the Works Councils Act, and the European Works Councils Act. Franz Nieper, Institute for Private International Law and Comparative Law, University of Osnabruck, Germany, and Arjen Westerdijk, Lawyer, Almelo, The Netherlands: German translations of Books 2, 6, and 7 of the Civil Code.

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