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Archive for February 2017

CASES CONCERNING CITIZENSHIP

5 CASES CONCERNINGCITIZENSHIP CASE XV: AISCHINES 1 – AGAINST TIMARCHOS This trial arose from the political infighting at Athens in the shadow of the rise of Macedon. By 346 Athenian attempts to assemble a Greek coalition against Macedon had achieved nothing. In response to signals from Philip the Athenians sent . . . Read more

SACRED OLIVES AND OTHER CASES

6 SACRED OLIVES ANDOTHER CASES CASE XVIII: LYSIAS 7 – DEFENCE ON THEOLIVE STUMP The speaker is a landowner who has been charged with an offence in relation to the sacred olives. From the time of Solon the olive had enjoyed special protection in Attica and even in the fourth . . . Read more

SUITS CONCERNING PROPERTY

3 SUITS CONCERNING PROPERTY CASE VIII: LYSIAS 32 – AGAINST DIOGEITON The speech against Diogeiton does not survive in its entirety. It owes its preservation not to the medieval manuscript tradition of Lysias but to the fact that it was cited by the critic Dionysios of Halikarnassos, who lived in . . . Read more

ASSAULT AND WOUNDING

2 ASSAULT AND WOUNDING CASE V: LYSIAS 3 – REPLY TO SIMON,A DEFENCE This speech concerns a case of intentional wounding (trauma ek pronoias), an offence which fell under the jurisdiction of the Areiopagos. This fact, together with the severity of the penalty and the procedural similarities between wounding and . . . Read more

HOMICIDE CASES

1 HOMICIDE CASES GENERAL Homicide trials formed a distinct category in terms of legal procedure. The Constitution of Athens (7.l) maintains that the only laws of Drakon retained by Solon were those dealing with homicide. Antiphon (6.2) emphasizes the antiquity of the homicide laws and insists that they have remained . . . Read more

CASES CONCERNING COMMERCE

4 CASES CONCERNING COMMERCE CASE XII: HYPEREIDES 3 – AGAINST ATHENOGENES The fragmentary state of this speech reflects the circumstances of its survival. It was preserved in a papyrus rescued from the sands of Egypt, not in medieval manuscripts. Even so, its remarkable vigour is unmistakable. It concerns a purchase . . . Read more

Supervisory Review of Key Functions

(1) Johannes Gutenberg University, Mainz, Germany   8.1 Introduction 8.2 The “Fit” Requirement for Key Function Holders and Their Subordinate Staff Members in Key Functions 8.2.1 The Two-Tier Qualification Structure in General 8.2.2 The Special Rules 8.2.3 The Fitness of Key Function Holders 8.2.4 The Fitness of Subordinate Staff to . . . Read more

Public Disclosure

(1) Johannes Gutenberg University, Mainz, Germany   13.1 Introduction 13.2 The Objectives and Addressees of the Duties of Public Disclosure 13.3 Minimum Content of the Report on Solvency and Financial Condition 13.3.1 Overview 13.3.2 Financial Reporting 13.3.3 Information Related to Formal Organizational Aspects 13.3.4 The Information on Risk Reporting 13.4 . . . Read more

Supervisory Review Process

(1) Johannes Gutenberg University, Mainz, Germany   2.1 Introduction 2.2 Principles of Insurance Supervision Under Solvency II 2.3 Objective and Concept of the Supervisory Review Process 2.3.1 Objective 2.3.2 Art. 36 of the Solvency II Directive and Its Implementation in Sec. 289, Paras. 2–4 of the VAG Reg-E [Government’s Draft . . . Read more

Fitness of Members of Supervisory Board

(1) Johannes Gutenberg University, Mainz, Germany   6.1 Introduction 6.2 General Requirements of Company Law Applicable to the Qualification of Supervisory Board Members 6.2.1 The Federal Court of Justice-Ruling in Hertie 6.2.2 The German Corporate Governance Code 6.3 The Insurance Supervisory Regime Requirements for the Qualification of Supervisory Board Members . . . Read more