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孙冬梅 《商丘职业技术学院学报》2010,9(4):34-35
合同权利转让是合同转让的基本形式。合同权利转让是指不改变合同内容,而由债权人通过协议将其合同权利全部或部分转让给第三人。合同权利转让不仅有自己鲜明的特征,而且在转让时也有它的适用范围。并且合同权利的转让与合同的变更有所不同。 相似文献
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王维晓 《内蒙古大学学报(人文社会科学版)》2005,37(1):73-76
两权分离是指资本所有权与资产所有权分离，资产所有权与资本所有权分离给股东带来了委托风险。委托风险是当前形势下损害广大股东利益的主要原因，是阻碍广大潜在投资者进行投资的主要障碍，如何降低、直至消除委托风险是保护现有投资者利益。吸引潜在投资者投资要解决的关键问题。为此，在进一步完善公司治理结构外。还有两种治理机制可供选择，即教育引导机制和规范惩戒机制。 相似文献
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Michael Rushton 《Journal of Cultural Economics》2001,25(4):243-257
This paper provides an overview of the economic analysis of inalienability, here defined in the narrow sense of restrictions on whether and how ownership of a right may be transferred to someone else. It then considers three aspects of the laws relating to artists and their works that are subject to some inalienability restrictions: droit de suite, moralrights, and unconstitutional conditions. It is suggested that inalienability restrictions designed to achieve distributional goals are probably misguided, and that although in theory one could derive some efficiency arguments for inalienability rules, in practice it is not clear that they apply to these examples from the laws relating to artists. 相似文献
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Legislation creating or reinforcing resale royalties for visual artists retains substantial political popularity – particularly in the European Union – despite the often skeptical attitude toward those rights in the economics literature. In this essay, we probe more deeply the affirmative arguments that can be made for a resale royalty right, in either a mandatory or a discretionary form. We also compare the rationale for visual artists' resale royalties with the potential rationales for the now-well-established systems of royalty rights for authors and composers. This comparison has particular interest both because some of the principal arguments made against visual artists' resale royalties also apply to authors' royalties, and because the economic rationale for compensating authors with royalties has itself not been well explored. We also discuss briefly the related subject of display rights for visual artists. We conclude with some general implications for policy. 相似文献
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Roger A. McCain 《Journal of Cultural Economics》1994,18(2):101-112
This paper explores the implications of models of bargaining power for issues having to do with the droit de suite, a legal right of graphic artists to a share in capital gains when a work of art is resold by the first purchaser. It is found that, if both artists and art buyers are risk averse, a positive resale share will be the outcome of a bargaining process that is Pareto-optimal as between the bargainers. This does not depend on bargaining power but is a form of risk-sharing, and to the extent that art buyers are risk averse will be preferred to a zero shareby the buyers. Since resale royalties are not ordinarily a feature of art sale contracts in the absence of legislation, this appears anomalous, and the paper explores alternatives to the received bargaining theory such as might correspond better with casual empiricism. 相似文献
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