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Journal articles on the topic 'MUTUAL OBLIGATIONS'
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1
GOODIN, ROBERT E. "Structures of Mutual Obligation." Journal of Social Policy 31, no. 4 (October 2002): 579–96. http://dx.doi.org/10.1017/s004727940200675x.
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‘Mutual obligation’ is a deft political slogan. Morally, it evokes deep-seated intuitions about ‘fair reciprocity’ and the ‘duty of fair play’. It seems an easy slide from those intuitions to ‘mutual obligation’ policies demanding work-for-the-dole. That slide is illegitimate, however. There are many different ways to structure mutual obligation. Workfare policies, such as the Howard government's ‘Mutual Obligation Initiative’ in Australia, pick out only one among many alternative regimes that would answer equally well to our root intuitions about ‘fair reciprocity’. Other ways of structuring mutual obligations within social welfare policy are both more standard and more desirable.
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Kowal, Emma. "Mutual obligation and Indigenous health: thinking through incentives and obligations." Medical Journal of Australia 184, no. 6 (March 2006): 292–93. http://dx.doi.org/10.5694/j.1326-5377.2006.tb00241.x.
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Burry, John N. "Mutual obligation and Indigenous health: thinking through incentives and obligations." Medical Journal of Australia 185, no. 3 (August 2006): 181–82. http://dx.doi.org/10.5694/j.1326-5377.2006.tb00519.x.
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Itkin, Andrey, and Alexander Lipton. "Structural default model with mutual obligations." Review of Derivatives Research 20, no. 1 (June 6, 2016): 15–46. http://dx.doi.org/10.1007/s11147-016-9123-1.
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Olejniczak, Adam. "Law of obligations in Poland: Selected issues." Pravovedenie 65, no. 1 (2021): 62–75. http://dx.doi.org/10.21638/spbu25.2021.104.
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The article provides a brief overview of the Polish law of obligations. In particular, the main sources of obligations are briefly presented, i. e., contracts, torts and unjust enrichment. Special attention is paid to mutual obligations, joint and several obligations, pecuniary obligations and obligations deriving from consumer contracts. The article discusses the legal instrument for concluding a contract such as preliminary contract, and also performance, discharge and remedies for breach of contract. In particular, the consequences of delay in the performance of an obligation and the types of such delay are considered. The author pays special attention to the issues of liability for non-performance of obligations, in particular, compensation for losses from non-performance. The article reveals the content of the pacta sunt servanda principle in Polish law and the existing exceptions to this rule. Such a method for the termination of an obligation is specifically considered, in addition to its performance, as a set-off. The author presents different measures that may discipline the parties to perform the obligation, such as contractual penalties and earnest money deposit. Finally, the article addresses the notion of damage, principles of liability and obligation to compensate. When describing the obligations from unjustified enrichment, special attention is paid to the fact that the loss of enrichment excludes its reclamation from the enriched person if he lost the enrichment without knowing about the obligation’s existence. In regard to tort law, it is emphasized that there are cases of innocent liability for causing harm in Polish law as an exception to the general rule. Only illegal actions or omissions can be qualified as guilty and entail responsibility. Polish law does not recognize the general obligation to refrain from causing harm. The culpability of misconduct is presumed. In some cases, the behavior cannot be recognized as illegal, even if it violates the general prohibition established by law. In particular, this concerns causing harm in the case of necessary defense, extreme necessity, permissible self-help and in a number of other cases.
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Jankovic, Marija. "Telling and Mutual Obligations in Communicative Action." ProtoSociology 35 (2018): 99–114. http://dx.doi.org/10.5840/protosociology2018356.
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In telling the utterer enters into a relationship with an addressee. This relationship appears to be a normative one, i.e., it entails that an utterer has certain obligations to the addressee. But how can an act of telling create such obligations? In this paper, I propose what I call a collectivist account of telling. On this account, the core notion of telling is that of an utterer’s contribution to a joint action. Margaret Gilbert’s rich work on joint action emphasizes the obligations agents of joint action have to one another. This normatively robust view of joint action, coupled with the conception of core telling as a participatory act, points toward the possibility of explaining the obligations speakers have to their addressees as, at least in some cases, the sort of obligations participants in joint action quite generally have to each other to act in a way appropriate to the joint activity.
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Yuzhanin, Nikolay V. "Auxiliary law enforcement actions of the creditor in obligations." Current Issues of the State and Law, no. 20 (2021): 792–99. http://dx.doi.org/10.20310/2587-9340-2021-5-20-792-799.
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We analyze some of the creditor’s law enforcement actions in obligations, which in the theory of civil law have become accepted to be called creditor obligations. We dispute the thesis that it is possible to classify as obligations those actions that help in the implementation of creditor’s subjective right and are part of the mechanism for its implementation. We provide an analysis of a number of creditor’s necessary actions, which act auxiliary to the basic action to implement the subjective right in obligation. We propose to abandon the concept of “obligation” in relation to those creditorial en-forcement actions, the failure of which entails sanctions that are not related to liability measures. We establish that in the obligation within the framework of mutual subjective rights and obligations, there are creditor actions that do not contain leading economic significance, but have an auxiliary nature, ensure the fulfillment of the main economic obligations arising in the basic commodity-money relationship. The creditor’s law enforcement actions include not only the acceptance of performance, but also other organizational actions of an actual nature, which, ultimately, are aimed at fulfilling the obligation by both parties. The non-fulfillment of the creditor's law enforcement actions does not entail direct responsibility for their non-fulfillment, only indirect possibilities of influencing the counterparty are established. The indirect means of influencing the creditor include the delay in fulfilling the obligation as a measure of operational impact.
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Hong, Yooseon. "Interpretation of the Mutual Restraint Relationship of Six Relatives an Ideological Approach: Focusing on the Relationship between Husband and Wife, Father and Son, Mother-in-law and Daughter-in-law." Asia Cultural Creativity Institute 2, no. 2 (December 31, 2022): 75–89. http://dx.doi.org/10.54385/cbt.2022.2.2.75.
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The six relatives of Myeongrihak belong to each of the ten provinces, and they form a win-win and mutual restraint relationship. In Myeongrihak, a saju is interpreted based on the ten-star logic of the six relatives. However, it is not easy to interpret the reason for the formation of a mutual restraint relationship between relatives. For this reason, consequential interpretations are rampant. Against this background, this study attempts to reinterpret the reason why husband and wife, father and son, mother-in-law and daughter-in-law mutual restraint relationship as an ideological approach.
Through this, the purpose of this study is to present consistent interpretation standards and to lay the foundation necessary for resetting the ten stars of each relative in social change. As a research method, the mutual restraint relationship between relatives was interpreted based on the ‘duty’ that social ideology requires of individuals. The results of the study are as follows. The wife was set up as a property between couples because, under patriarchal ideology, obligations such as giving birth to a son after marriage and raising parents-in-law were given. Therefore, a husband who controls a wife based on patriarchal ideology can be interpreted as a management entity. And the presence of a son between a father and a son imposes an obligation to raise the father as the head of the family. In a patriarchal society, if it is not implemented, the head of the household loses authority. Therefore, the son who imposes an obligation to raise the father is a manager, and the father is wealthy. In the relationship of a mother-in-law, the mother-in-law imposes obligations on her daughter-in-law through her son. Without a medium (son), the daughter-in-law’s obligation to foster is extinguished. Therefore, the mother-in-law is wealthy and the daughter-in-law is a manager. The results of this study are meaningful in establishing a consistent standard (obligation according to ideology) for the interpretation of the mutual restraint relationship.
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Milanovic, Marko. "The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life." Human Rights Law Review 20, no. 1 (March 2020): 1–49. http://dx.doi.org/10.1093/hrlr/ngaa007.
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Abstract On 2 October 2018, Jamal Khashoggi, a dissident Saudi journalist residing in the United States of America, where he was a columnist for the Washington Post newspaper, was murdered in the Saudi consulate in Istanbul. This article analyses Khashoggi’s killing from the standpoint of the human right to life. It examines not only the obligation of Saudi Arabia to respect Khashoggi’s right to life, but also the obligations of Turkey and the United States to protect Khashoggi’s right to life from third parties, and to ensure respect through an effective investigation of his killing and mutual cooperation for the purpose of that investigation. It also looks at the extraterritorial scope of these various obligations. Finally, the article examines possible norm conflicts between state obligations under human rights law and their obligations under diplomatic and consular law, such as the inviolability of diplomatic and consular premises, agents and means of transportation.
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Babaeva, Parvana Bayram. "General nature of legal regulation of constitutional legal relations." SCIENTIFIC WORK 62, no. 01 (February 8, 2021): 147–50. http://dx.doi.org/10.36719/2663-4619/62/147-150.
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Summary Constitutional legal norms are general rules of compulsory behavior established or sanctioned by the state for the purpose of protection and regulation of certain public relations. There are implemented through specific rights and obligations and provided by the coercive force of the state. Constitutional legal norms are general rules of coercive behavior established by the state for the purpose of protecting and regulating certain social relations. These are legal norms implemented through certain rights and obligations and provided by the coercive force of the state. The content of constitutional legal relations reflects the mutual rights and obligations of the parties. These rights and responsibilities are closely related. Traditionally, the obligation of one party is considered to correspond to some right of the other party. Key words: constitution, legal relationship, general character, regulation, normative
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Haryaningsih, Sri, and Antonia Sasap Abao. "Strategi Pembentukan Sikap Wajib Pajak Dalam Mewujudkan Program Electronic Filing (E-Filing) Di Kota Pontianak Dengan Pemahaman Menuju Era Ekonomi Digital." Reformasi Administrasi 7, no. 2 (September 30, 2020): 145–49. http://dx.doi.org/10.31334/reformasi.v7i2.1065.
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This study aims to determine what factors shape taxpayer attitudes in realizing the Electronic Filing (E-Filing) program. The characteristics of taxpayers that are reflected by cultural, social and economic conditions will dominate the behavior of taxpayers which is reflected in their level of awareness in paying taxes. The Compliance Attitude in implementing the Electronic Filing (E-Filing) program is certainly not formed by itself, but is formed by a process, in forming compliance, it must be preceded by the awareness of the taxpayer. There are several factors that influence people's attitudes in paying taxes are still low, namely: a. cultural and historical causes; b. lack of information from the government to the people c. Individual atmosphere (unable to operate the internet, lazy, no direct reward. Tax awareness is the willingness to fulfill its obligations, including being willing to contribute funds to the implementation of government functions by paying tax obligations. This obligation is carried out without any element of coercion from any party. those who have high awareness will carry out their tax obligations in accordance with the applicable tax regulations. That way the Self Assessment System can be implemented properly. In other words, the higher the level of taxpayer awareness, the higher the level of taxpayer compliance in paying. in the optimization of taxpayers to switch to using e-filing by enhancing the image of Good Governance which can lead to mutual trust between the government and the taxpayer community, so that tax payment activities will become a necessity and a willingness, not a obligation. Thus a pattern of relations between the state and society is created in fulfilling rights and obligations that are based on mutual trust. For the sake of realizing the Digital Economy in Indonesia
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Vernon, Richard. "States of Risk: Should Cosmopolitans Favor Their Compatriots?" Ethics & International Affairs 21, no. 4 (2007): 451–69. http://dx.doi.org/10.1111/j.1747-7093.2007.00118.x.
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Recent cosmopolitan thinking attempts to find a place for local (including national) attachment, but all of the proposals offered have been exposed to telling critique. There are objections to the claim that local obligations are only instances of cosmopolitan duty, and to the claim that we can give a moral justification to national societies as networks of mutual benefit. This article argues that it is not mutual benefit but mutual risk that grounds compatriot preference. While exposure to coercion as such does not track national boundaries, exposure to the risks of state abuse, political choice, and social conformity provide us with a reason to take our compatriots' interests seriously. The same argument, however, displays the limits of this reasoning, and also grounds a demanding obligation to aid other societies.
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Singh, Shloka, and Sonali Arunima Dhan. "A theoretical Review of Psychological Contract." Social Science and Humanities Journal 7, no. 08 (August 24, 2023): 3137–41. http://dx.doi.org/10.18535/sshj.v7i08.866.
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The psychological contract is a pivotal concept in understanding contemporary employment dynamics. It embodies a mutual exchange of obligations between individuals, shaping their expectations, perceptions, and interactions within the workplace/organisation/industry. This paper explores diverse definitions of the psychological contract, highlighting its dynamic nature and variable interpretations. The dimensions of the psychological contract (transactional and relational contract), surrounds aspects such as mutual expectations, obligations, and socio-emotional exchanges.
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Butsan, Marharyta. "Performance of obligations in modern civil law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 414–17. http://dx.doi.org/10.36695/2219-5521.1.2020.82.
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The article considers the notion of performance. Treaty obligations were the most common in the civil turnover. Their performance depends to a large extent the stability of the economy and society as a whole. Of particular importance are norms of civil legislation implementing the Treaty obligation. They are used daily in practical activities of legal entities and citizens. The performance of an obligation – it is always a process that takes some period of time and consists of a series of actions of the debtor and the creditor. Debtor proposes the execution, the creditor accepts it. The article studies scientific approaches with respect to conditions of contractual obligations. practice shows that most contracts are careless, do not contain the necessary conditions to realization of the interests of the parties, do not include measures to ensure contractual obligations. During the execution of such contracts often have complications, different interpretations by the parties to the same conditions, and as a result, there has been a massive failure by the parties of their responsibilities, resulting in numerous conflicts. The most important task of modern legal science and practice – the creation of legal mechanisms, allowing most effectively to ensure the proper performance of contractual obligations and to compensate the injured party for the loss caused by their failure or improper performance. Mechanism of performance of the obligation is the mutual interest of the parties. In determining the obligations a list of specific actions that the debtor is obliged to make in favor of the lender, is limited to the indication of the transfer of property, performance of work and payment of money. Undoubtedly, the parties rely on bilateral compliance with the obligations under the contract, but obviously there are cases when under any circumstances one of the parties does not fulfill its obligations. Performance of the obligation should also be understood as certain acts by the debtor (or refraining from doing,) that is the obligation of the debtor. In this regard, it should be noted that the lender has the right to demand fulfillment of the obligation, but the debtor is involved in such actions. Moreover, under proper performance to understand the performance of an obligation by an appropriate person at the appropriate time a particular person under equal circumstances. The real is the performance of specific obligations, which is reflected in the implementation of certain actions.
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Grewal, Zareena. "The Obligation Is the Point." Anthropology of the Middle East 16, no. 1 (June 1, 2021): 70–91. http://dx.doi.org/10.3167/ame.2021.160105.
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This article examines how grassroots refugee-activists and ‘solidarians’ in Greece articulate a collectivist political vision and praxis of care through an expanding network of social obligation that upends narrow understandings of refugees’ ‘basic’ rights and moral obligations of care. The refugees draw on a wide range of universalising collectivist frames including Islamic, Anarcho-Marxist and Palestinian-liberationist frames to articulate visions of solidarity and nurture trust and mutual care amongst refugees.
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Chegovadze, L. A., and T. V. Deryugina. "The Legal Nature of Payment for Unilateral Refusal to Fulfill an Obligation." Actual Problems of Russian Law 16, no. 9 (October 24, 2021): 57–65. http://dx.doi.org/10.17803/1994-1471.2021.130.9.057-065.
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The paper analyzes the possibility of unilateral refusal to fulfill an obligation through the payment of a monetary sum. The multidimensionality of the development of a legal relationship related to the fulfillment of an obligation is investigated in the context of the opportunity to use various legal remedies at each stage of a legal relationship. The paper shows the transformation of the legal statuses of the creditor and the debtor in the process of exercising rights and fulfilling obligations. It is substantiated that, depending on the stage of development of the legal relationship in mutual obligations, the creditor and the debtor alternately change their capabilities to demand performance and fulfill obligations. Failure to fulfill an obligation at any stage leads to the possibility of making claims for the protection of the right. It is indicated that the agreement in the contract of the obligation of the debtor to pay the creditor a certain amount of money in the event of refusal to perform the obligation does not change the legal nature of the obligation and does not make it monetary. It is proved that the refusal to fulfill the obligation becomes legally possible only after the fulfillment of the obligation to pay the counterparty a sum of money. The author establishes the legal nature of such a replacement in comparison with the novation of debt into a debt obligation. It is proved that a different interpretation of the law violates the balance of interests between the debtor and the creditor.
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Попович, Терезія. "Проблематика обов’язків у політико-правовій думці епохи відродження." Krakowskie Studia Małopolskie 36, no. 4 (2022): 28–43. http://dx.doi.org/10.15804/ksm20220402.
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The article is devoted to understanding the category of obligation in the political and legal thought of the Renaissance. The study analyzes the works of F. Bacon, N. Machiavelli, J. Bodin and J. Althusius. Considering the views of F. Bacon, the author concludes that Bacon’s understanding of obligations is based on the established commandment of love, which should be guided by man in his actions and deeds. Thus, Bacon, above all, speaks of obligations in the Christian sense as manifestations of love of neighbor. In “Discourses on the First decade of Titus Livius”, N. Machiavelli outlines a kind of “obligation” of the republic and the prince to refrain from insulting citizens. He also formulates the obligation that a virtuous citizen should follow – to forget about the insults caused to him out of love for the homeland. The main obligation of the prince, based on the work of the “The Prince”, is the art of war. In addition to the above, it is also the obligation of the princes to try to retain power, to win, regardless of the means they use to do so. Regarding the people, the prince has such obligations as: to reward gifted citizens, to persuade them to quietly engage in crafts and trade, to arrange their possessions, but also to engage citizens in celebrations and spectacles at the right time. The author concludes that the issue of obligations in Machiavelli is wrapped up in political goals, which are ultimately aimed at preserving, strengthening the state, cohesion of the people. In Boden’s political and legal conception, it is the category of obligation (obligation between subject and sovereign) that forms citizenship, underlies the understanding of the law (as the sovereign’s order to exercise its power), and is associated with the first attribute of sovereignty. In this case, the sovereign and the citizen are bound by mutual obligations – the sovereign provides protection of the citizens and his property, and the citizens – obeys the will of the sovereign and shows faith and obedience to authority. Views on the obligations of the German thinker J. Althusius are set out in his work “Politica”, analyzing which, the author concludes that the whole system of obligations of J. Althusius is based on God’s commandments, the commandments of love of neighbor. Regarding the sovereigns, they should take care of the soul and body of their citizens, especially in the direction of their noesis of God’s laws and their protection.
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Cleuziou, Juliette, and Caroline Dufy. "Marriage, Divorce and Mutual Indebtedness." Journal of Extreme Anthropology 6, no. 1 (September 10, 2022): 73–95. http://dx.doi.org/10.5617/jea.9562.
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This article offers an original insight on the gift economy in Tajikistan. As long shown by the literature, ceremonial expenditures sustain social status and convey moral obligations and social order. In this context, we find that marriage breakdown sheds a new light on social cohesion and the sense of indebtedness in Tajik society. In the case studies provided, the material and symbolic meaning of marital breakdown is analysed from the perspective of divorced women. In the context of high ritual expenditure, we ask what are the effects of divorce (and more broadly, demarriage) on women’s perceptions of gender and marital roles in a context of economic crisis and mass male migration to Russia. Specifically, we are interested in the language of debt that shapes women’s discourses about their former marital bond, and how it disrupts the principles of the gift economy that derive from traditional gender and generational roles. In particular, the notion of debt allows divorced women to condemn their ex-in-laws’ failings towards them. The end of the marriage opens the way for the denunciation of broken promises, the expression of unfulfilled expectations and the breaking of marital, gender and collective obligations towards the spouse. While it brings with it a demand for recognition and social justice, it also expresses the contradictory tensions that run through society, its norms and the traditional social roles associated with conjugality.
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Lee, Michael Hakmin. "Book Review: Transcending Racial Barriers: Toward a Mutual Obligations Approach." Missiology: An International Review 40, no. 1 (January 2012): 100–101. http://dx.doi.org/10.1177/009182961204000123.
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Lynch, Holly Fernandez, Luke Gelinas, and Emily A. Largent. "Mutual Obligations in Research and Withholding Payment From Deceptive Participants." American Journal of Bioethics 18, no. 4 (April 3, 2018): 85–87. http://dx.doi.org/10.1080/15265161.2018.1431703.
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Hajdari, Azem. "Mutual Obligations of Parties in Criminal Proceedings-The Context of Kosovo." Asian Journal of Social Science Studies 2, no. 1 (November 15, 2016): 83. http://dx.doi.org/10.20849/ajsss.v2i1.113.
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In Kosovo criminal procedure the position to be a party have the state prosecutor, defendant, and injured party. They have separate roles and clearly defined authorizations, which are linked to their procedural position. In order to achieve a fair and lawful trial, legislator gave them also several obligations which they have to fulfill to each other. Their mutual obligations mostly have to deal with the exchange of evidences, acquaintance with names of witnesses that shall be proposed to main trial, the aim of presenting an alibi etc. The importance of performing on time such obligations is diverse. This approach affects in increasing criminal-procedural efficiency, thorough resolution of a case, respect of human rights in criminal procedure etc. During the preparation of this article I have used dogmatic-legal and comparative methods as well as I have used relevant professional literature.
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Putu Aditya Palguna Yoga, I Made Suwitra, and I Ketut Sukadana. "Hak dan Kewajiban Krama Desa terhadap Karang Desa di Desa Adat Tumbu Karangasem." Jurnal Interpretasi Hukum 2, no. 1 (March 26, 2021): 121–25. http://dx.doi.org/10.22225/juinhum.2.1.3078.121-125.
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The relationship between the ruler and the land is closely related to obligations in the form of ayahan for village karma for both the banjar and the village. This study aims to determine the control of village coral and the legal consequences if there is village karma that neglects its obligations. The research method used in this research is empirical legal research with a conceptual approach. Data that has been collected through interview techniques. The results of this study indicate that the right for village krama who has carried out their obligations is to legally obtain Karang Desa land protected by the village. If Krama Desa dies, he will receive land. Meanwhile, the obligation of the village manners who occupy the village reef is obliged to take part in the village temple during the odalan fee in the form of pepesan money (klangsah palpalan penjor) and must be present at the time of mutual cooperation activities. Through this research, it is hoped that the village officers will socialize more often about Karang Desa, especially regarding their rights and obligations so that one day the Krama Desa who violates them will not be given sanctions.
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Szlachta-Kisiel, Katarzyna. "RIGHTS AND OBLIGATIONS OF THE SUBJECTS OF PRE-LITIGATION PROCEEDINGS IN THE RETIREMENT MATTERS OF THE GENERAL INSURANCE SYSTEM." Roczniki Administracji i Prawa 3, no. XXII (September 30, 2022): 515–27. http://dx.doi.org/10.5604/01.3001.0016.2489.
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The rights and obligations of the parties to pre-judicial proceedings in matters relating to pensions under the general insurance scheme are inextricably linked to the legal relationship of the insurance company. It determines the connections and relationships between the subjects that they participate in the guarantee phase, which during the implementation phase of the legal relationship the mutual rights and obligations of the entities involved in proceedings before the pension authority depend on those relationships. Therefore, it is particularlyimportant to separate them from all entities that may participate in the procedure and to establish their logical relations and scopes. It is also important to determine whether to in any case, the law of one person will be matched by the obligation of the other, and vice versa.
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Четырус, Евгений, and Evgeniy Chetyrus. "Compensation of Losses not Related to the Breach of Obligations." Journal of Russian Law 4, no. 9 (August 29, 2016): 0. http://dx.doi.org/10.12737/21219.
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The article considers the concept of “indemnity” that is rather new to national civil law. The analogy of this concept that was borrowed from the foreign law system is reflected in the article 4061 of the Civil Code of the Russian Federation “Compensation of losses which occur due the circumstances stated in the contract”. In particular, the given Article of the Code establishes that the parties to the obligations acting jointly as members of the business activities may through their mutual agreement provide for the obligation of one party to compensate for material losses of the other party which were caused by the circumstances listed in the contract, but unrelated to violation of obligations by the party (losses caused by impossibility of fulfilment of obligations, submission of claims by third parties or bodies of state power against a party or third party which was indicated in the contract, etc.). The agreement between the parties shall determine the amount of losses to be compensated for as well as the procedure for such calculation and compensation. The author concludes that the notion “indemnity” and compensation of losses which are not associated with the violations of obligations, should not be confused since they are not identical legal factors.
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Pesudovs, Andris. "The civil procedure principles as the essential basis for undisputed enforcement of obligations." SHS Web of Conferences 51 (2018): 01011. http://dx.doi.org/10.1051/shsconf/20185101011.
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Not always are a legal transaction and the legal consequences thereof limited to complete and voluntary fulfilment of the mutual obligations of the parties. In cases when a commitment has not been fulfilled, there is an option for a creditor to request for judicial protection in order to prove substantiality of his claim and to receive confirmation to his right to recover the debt in a form of court judgment. However, in the civil legal relationship such impairment of a right is possible which exists outside the dispute regarding the right. A debtor fails fulfilling his obligation and not denies doing it. In such circumstances, notwithstanding recognition of the debt, in order to achieve compulsory execution of the obligation, a document to be enforced is also needed. Provided the type of transaction allows establishing of such type of legal consequences, simplified procedural arrangements may be applied, and restricted principle of contest may result in the possibilities of procedural economy being exercised. Admissibility of such procedural possibility also inevitably activates the discussion regarding what the preconditions of the simplified procedure are and how the simplified procedure of establishing the debtor's obligation can be consistent with protection of his rights. The article focuses on the procedural legal principles, which are involved in the alternative to claim proceedings action of the expedited proceedings and the mutual coherency thereof. Attention is also paid to the form of the transaction and significance thereof in the simplified proceedings.
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Guyvan, P. "The duration of the contract as a period of civil liability." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 164–69. http://dx.doi.org/10.24144/2307-3322.2022.70.23.
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This scientific article is devoted to the study of the current issue of the duration of the civil obligation and its relationship with the term of the contract. According to the current legislation of Ukraine, the subjective rights and obligations of the parties to contractual obligations are valid until terminated. Every obligation has its duration, and the term is its key characteristic and is included in the content of the obligation. This applies to both regulatory relations (intact) and security (those that arise and develop autonomously after the offense). The author argues that the duration of regulatory relations is determined by the parties to the contract, and it is during the contract that the creditor’s right and the debtor’s obligation must be exercised. After the expiration of a certain period (and the term is an essential prerequisite for the contractual obligation), the regulatory relationship is terminated. However, it is emphasized that the current legislation does not define the expiration of the term as a ground for termination of the obligation. This is its significant disadvantage. Specific proposals for the legal regulation of this issue are provided. The article analyzes the real relationship between the counterparties regarding the early termination of the contract. It may be terminated not only as a result of unilateral actions of the party, but also with the consent of the counterparties and as a result of other phenomena. The author proves that the contract ends with the termination of obligations contained in the contract. In other words, it is terminated due to exhaustion of conditions. An unfulfilled contract may also be terminated early. This is possible by mutual consent of the participants, or by the will of one counterparty, if provided by the agreement or established by law. The article examines in detail the grounds and mechanisms of these actions, special attention is paid to the termination of the contract as a sanction for improper compliance with its terms. Certain criteria for distinguishing the termination of the contract from the waiver have been critically assessed, primarily on the grounds of restitution consequences. Aspects that arise as a result of early termination of the contract are also considered: after the expiration of regulatory obligations may give rise to others - security. These obligations are related to the return of the performed (for example, the return of the leased thing), compensation for damages, performance in kind of counter-obligation, etc.
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Reutov, Evgeniy, Marina Reutova, and Irina Shavyrina. "Reciprocity Principle Within Mutual Aid Relations." SHS Web of Conferences 50 (2018): 01010. http://dx.doi.org/10.1051/shsconf/20185001010.
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The paper considers the analysis of reciprocity principle in reproduction of social relations and functioning of mutual aid practices within local communities. The reciprocity is considered as the principle of interpersonal and social relations implying clear and latent mutual obligations among participants. The study covers the empirical diagnostics of such parameters as family, friends, neighbors, and professional networks of mutual aid as intensity and regularity of functioning and orientation of resource transfer (receiving/rendering), nature of reciprocity of obligations, motivation of resource interchange. It is shown that children characterize the resource interchange with parents and adults by the highest degree of intensity. At the same time, the majority of participants of such exchanges do not rely on the equivalent volume of reciprocal services, and these interactions are generalized and reciprocal. Towards “weak” links (with neighbors, fellow workers, acquaintances) there is a focus on balanced reciprocity: when receiving help, from 50% to 57% of respondents count on equivalent return. In motivating the mutual aid, the balanced reciprocity is most obviously expressed in professional and neighbor networks of mutual aid. In relations with friends, it is counterbalanced with emotional, valuable and existential motives, which are dominating in family relations. The regulatory importance of the reciprocity principle and its backbone character in various types of networks of mutual aid is justified. At the same time, it is confirmed that the reciprocity in family relations, first of all, has emotional, psychological and valuable background, while in other networks of mutual aid the balanced nature of resource interchange serves a condition of their stability..
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Chkhikvadze, Viktor M. "Personality and the State: mutual responsibility." Gosudarstvo i pravo, no. 2 (2022): 180. http://dx.doi.org/10.31857/s102694520018863-0.
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The problem of mutual responsibility of man and society is considered from the point of view of further development of socialist legislation establishing mutual rights and obligations. On the part of the state, it is ensuring the comprehensive development of the individual by securing appropriate legislative and institutional guarantees for the protection of rights and freedoms, and for a person, it is an active activity that includes compliance with and application of legal norms, judicial protection of their rights and interests. In the aspect of solving this problem, the trends in the development of labor, civil, and criminal legislation of that period are considered.
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Kryeziu, Ramadan, Bahtijar Berisha, Sakip Imeri, and Mustafe Hasani. "Transparency of Taxpayers’ Rights and Obligations." Mediterranean Journal of Social Sciences 8, no. 4-1 (July 1, 2017): 31–38. http://dx.doi.org/10.2478/mjss-2018-0070.
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Abstract Since the goal of tax system is based on self-declaration and voluntary compliance, with this study we intend to know on “Taxpayers’ Perceptions with regard of Tax Administration of Kosovo. We believe that most effective way to keep and enhance the voluntary compliance is through mutual trust and respect between TAK and Kosovo taxpayers.” This is the reason for the study and making recommendations on findings with a special emphasis on improvements of TAK services for the public, in order to fulfill expectations and to provide taxpayers with services they deserve. This work aims to identify the weaknesses and short-falls. Based on findings of this work through the survey with Kosovo taxpayers, we will recommend our ideas in order for the taxpayers to enjoy their legal rights and we will not allow for these rights to be violated in any form.
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Poot, F. "Doctor-patient relations in dermatology: obligations and rights for a mutual satisfaction." Journal of the European Academy of Dermatology and Venereology 23, no. 11 (November 2009): 1233–39. http://dx.doi.org/10.1111/j.1468-3083.2009.03297.x.
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Itkin, Andrey, and Alexander Lipton. "Efficient solution of structural default models with correlated jumps and mutual obligations." International Journal of Computer Mathematics 92, no. 12 (August 14, 2015): 2380–405. http://dx.doi.org/10.1080/00207160.2015.1071360.
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Ahmed Haj Ali, Ahmed Raja, Kamaruzaman Bin Noordin, and Meguellati Achour. "The Islamic approach of obligations in mutual relations between employee and employer." International Journal of Ethics and Systems 34, no. 3 (August 13, 2018): 338–51. http://dx.doi.org/10.1108/ijoes-12-2017-0227.
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Lafont, Cristina. "The Priority of Public Reasons and Religious Forms of Life in Constitutional Democracies." European Journal for Philosophy of Religion 11, no. 4 (December 20, 2019): 45. http://dx.doi.org/10.24204/ejpr.v11i4.3036.
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In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance (whether religious or secular) in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply.
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Semenukha, Tatiana B. "Legal Relations Arising when Concluding a Preliminary Agreement." Proceedings of the Southwest State University. Series: History and Law 11, no. 5 (2021): 19–31. http://dx.doi.org/10.21869/2223-1501-2021-11-5-19-31.
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Relevance. Despite the widespread use in civil circulation of the civil law structure of the preliminary contract and the attention to it from the scientific community, in law enforcement practice there are many controversial issues related to the application of this structure. The article presents the results of a study of the complex of legal relations that emerge upon the conclusion of a preliminary contract. The author qualifies these legal relationships as organizational obligations, reveals in their content mutual subjective civil rights and obligations. The fulfillment of these obligations is due to demand, but the new provisions of the legislation governing the conditional performance of obligations turned out to be worked out to a lesser extent than the conditional performance of obligations based on the preliminary agreement. The purpose of the study is an attempt to formulate new scientific provisions based on an in-depth analysis of the provisions of the current legislation concerning the conclusion and execution of a preliminary contract. Objectives: identify and study the specifics of legal relations that develop in the process of concluding a prelim-inary contract, give them scientific qualifications, analyze the norms of the current legislation and determine the direc-tions of its development. Methodology. In the study there were used the dialectical-materialistic method, the system method, the methods of analysis and synthesis, and the formal-legal method. The results the research is of a theoretical and applied nature and is aimed at improving the quality of law en-forcement practice and improving legislation. Conclusions. The author, on the basis of the analysis, comes to the conclusion that as a result of the conclusion of a preliminary contract, an obligation arises with conditional performance, the conclusion of a preliminary contract regarding a real contract does not contradict the current legislation, although it has features in terms of the con-sequences of failure to fulfill the main obligation.
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Tofuaipangai, Siosiua, and Peter Camilleri. "Social policy, social work and fatongia: Implications of the Tongan concept of obligation." Aotearoa New Zealand Social Work 28, no. 1 (July 8, 2016): 60–67. http://dx.doi.org/10.11157/anzswj-vol28iss1id120.
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The dominance of Western social work discourse is slowly being challenged as voices from indigenous cultures are expressed. This paper examines the Moanan-Tongan concept of fatongia and considers how it might contribute to a re-examination of the English language concept of obligation in order to develop a more socially progressive perspective on social policy and social work. In countries with a neoliberal welfare state the concept of obligation has become a vexed issue between citizenry and the state. The neoliberal requirement to demonstrate certain behaviours in order to gain access to benefits has challenged the consensus of social rights that imbued traditional notions of state welfare. We argue that rights and obligations have became separated as the Western welfare state discourse has shifted from a rights agenda to an agenda of obligation. Fatongia is about obligation that is entered into freely: it involves the giving of a gift that is enjoyed and reinforces mutual obligations. It is reciprocal and symmetrical and leads to stronger sense of community. By comparison, obligation in Western discourse is asymmetrical, coercive, compulsory and oppressive. For social work practice, the concept of fatongia offers a new direction in which rights are broadened into duties, and responsibilities into gifts. The duality of obligation and rights under fatongia implies a web of relationships between people, families and communities. This offers social work practitioners a constructive and progressive narrative for relationship-based work with clients/service users, and a celebration of rights through doing duty.
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Ketelaars, Martijn, Peter Borm, and Marieke Quant. "Decentralization and mutual liability rules." Mathematical Methods of Operations Research 92, no. 3 (July 30, 2020): 577–99. http://dx.doi.org/10.1007/s00186-020-00725-7.
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AbstractThis paper builds on the recent work of Groote Schaarsberg et al. (Math Methods Oper Res 87(3):383–409, 2018) on mutual liability problems. In essence, a mutual liability problem comprises a financial network in which agents may have both monetary individual assets and mutual liabilities. Here, mutual liabilities reflect rightful monetary obligations from past bilateral transactions. To settle these liabilities by reallocating the individual assets, mutual liability rules are analyzed that are based on centralized bilateral transfer schemes which use a certain bankruptcy rule as its leading allocation mechanism. In this paper we derive a new characterization of mutual liability rules by taking a decentralized approach instead, which is based on a recursive individual settlement procedure. We show that for bankruptcy rules that satisfy composition, this decentralized procedure always leads to the same allocation as the one prescribed by the corresponding mutual liability rule based on centralized bilateral transfer schemes. Finally, we introduce a new reduction method for mutual liability problems and prove that any bankruptcy-rule-based mutual liability rule is invariant with respect to such a reduction.
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Leonard, Madeleine. "Helping with Housework: Exploring Teenagers' Perceptions of Family Obligations." Irish Journal of Sociology 17, no. 1 (May 2009): 1–18. http://dx.doi.org/10.7227/ijs.17.1.2.
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This article explores children's attitudes to whether or not they should be expected to participate in household chores. The article draws on questionnaire data and classroom discussions with 446 children aged between 14–15 years residing in Northern Ireland and the Republic of Ireland. Helping others and developing a sense of responsibility were key themes invoked by children to explain their attitudes to whether or not children should participate in household work. Some children drew on notions of mutual reciprocity and interdependence to characterise relationships within the household and to justify why all household members should contribute to household work.
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Popovych, T. "Understanding obligations in the context of J. Rawls’s theory of justice." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 53–58. http://dx.doi.org/10.24144/2307-3322.2022.70.8.
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The article is devoted to the disclosure of the content of the category of obligations according to J. Rawls’s theory of justice. The author emphasizes that in general, the American philosopher divides them into natural duties and obligations. Both groups are requirements for individuals. Obligations include honesty and faithfulness, natural duties are divided into positive and negative. The positive duties include: maintaining justice; mutual assistance; mutual respect. While negative natural duties are: not to harm and not to cause trouble to the innocent.
The thinker calls the fundamental natural duty the duty of justice, which is to obey and uphold the just institutions to which man is attached. The natural duty of justice binds citizens as a whole without requiring freewill actions. The principles of justice, according to J. Rawls, provide a way to distribute the rights and obligations of the main sociopolitical institutions and determine the proper distribution of wealth and forms of social cooperation. The final version of these principles provides the first and second rules of priority as a result of their definition. The first rule is the priority of freedom: fundamental freedoms can be restricted only in the name of general freedom. The second rule of priority is the priority of justice over efficiency and welfare.
In addition, the American scholar focuses on outlining special aspects of obligations in the light of political theory, which include the issue of submission to unjust laws or policies, civil disobedience, rejection of beliefs.
The author of the study concludes that, in general, the concept of obligations according to Rawls’s theory of justice is based on the desire to find the common good for all members of society, covers elements of social contract, and has the attribute of reciprocity.
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Salomon, Robert. "Etyka biznesu." Etyka 30 (December 1, 1997): 163–75. http://dx.doi.org/10.14394/etyka.640.
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Business ethics is a quite young branch of moral sciences. This fact is due to the negative evaluation of making money. The main idea of business ethics is the social responsibility of the economy, which should make more tolerable the negative effects of understanding business as starving for maximalization of profits. Participation in business ought to be ruled by set of mutual obligations of proprietors, managers, workers and consumers. Moreover, these obligations must take into account the commonwealth of the whole society.
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Kuznetsov, Roman, and Igor Kuznetsov. "Social Capital of Students in the Digital Educational Environment: Offline and Online Learning." Sociologicheskaja nauka i social'naja praktika 10, no. 3 (September 30, 2022): 45–62. http://dx.doi.org/10.19181/snsp.2022.10.3.9196.
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The transition to mass digital education has aroused the interest of domestic and foreign researchers to discuss issues of the new educational reality and its impact on various aspects of higher education. This article joins this discussion. In particular, it examines the question of what happens to the social capital of students in the context of mass distance (online) learning. Following J. Coleman, the work analyzes the forms of social capital: trusting relationships and mutual obligations (mutual assistance), as well as group norms. In the latter case, we consider the self-determination of students as «students» or «non-students» as an indirect indicator. According to the study, online learning differs from offline learning regarding these forms of social capital. With online learning, level of student trust in fellow students and teachers decreases; they have fewer social contacts among them, to whom they can turn for help in matters of study and non-study. Students who self-identify as «non-students», as opposed to those who identify as «students», are less willing to build trusting relationships and networks of mutual assistance (mutual obligations) with fellow students and teachers. «Non-students» are more likely to study remotely, and they prefer online communication with teachers more. The general conclusion is that social capital decreases during online learning, which raises the question of the effectiveness of socialization of young people within this learning format.
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Rollo, Toby. "Imperious Temptations: Democratic Legitimacy and Indigenous Consent in Canada." Canadian Journal of Political Science 52, no. 1 (August 22, 2018): 1–19. http://dx.doi.org/10.1017/s0008423918000343.
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AbstractCanadian courts and governments increasingly invoke principles of mutual consent and nation-to-nation negotiation as central to the goal of addressing colonial injustices in a democratic society. However, Canada continues to interpret its obligations according to the Crown's fiduciary obligation to merely consult and accommodate Aboriginal peoples on infringement of their rights. In this article, I argue that there are conceptual resources available within existing Canadian law and politics for reconstructing a democratic consensual resolution to the problem of Indigenous exclusion and dispossession. I demonstrate that meeting the basic threshold of mutual consent would first require Canadian institutions to abjure the imperious temptation to impose parochial standards of free, prior and informed consent. Second, the Crown would refuse to ensnare Indigenous communities in unconscionable bargains, agreements that they would not otherwise view as reasonable, fair or equitable. And finally, Canada would accept rights of jurisdiction over land rooted in vital relations of health and well-being, as well as a corollary right of refusal or veto over decisions deemed by affected parties to be unwanted.
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Погрібний, С. О. "ПРО ПРАВОВУ ПРИРОДУ ЗОБОВ'ЯЗАНЬ ГАРАНТА ЗА БАНКІВСЬКОЮ ГАРАНТІЄЮ." Наукові праці Національного університету “Одеська юридична академія” 12 (May 6, 2019): 234–44. http://dx.doi.org/10.32837/npnuola.v12i0.230.
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Наведена стаття присвячена дослідженню питання з'ясування правової природи зобов'язань, що виникають у гаранта у цивільних відносинах з банківської гарантії. Автор визначає характер відносин учасників банківської гарантії — гаранта, принципала та бенефіціара, характер їх взаємних зобов'язань, специфіку правовідносин між ними. З огляду на обрану проблематику автор зосередив свою увагу на питаннях поняття та правової природи банківської гарантії, характеру обов'язків гаранта перед бенефіціаром, незалежності гарантії від основного зобов'язання, правових наслідках порушення боржником зобов'язання, забезпеченого гарантією, порядку пред'явлення вимоги бенефіціара до гаранта про сплату грошової суми, строку пред'явлення вимоги бенефіціара до гаранта, меж здійснення обов'язку гаранта тощо.
The Resulted article is devoted research of question of determination of legal nature of obligations, arising up for a guarantor in civil relations from a bank guarantee. An author determines character of relations of participants of bank guarantee — guarantor, principala that fide-comissary, character of their mutual obligations, specific of legal relationships between them. Having regard to select problematiku an author turned the attention on questions of concept and legal nature of bank guarantee, character of duties of guarantor before a beneficiary, to independence of guarantee from a basic obligation, law consequences of violation of obligation, provided with a guarantee a debtor, order of producing of requirement of beneficiary to the guarantor about payment of money sum, line of producing of requirement of beneficiary to the guarantor, limits of realization of duty of guarantor.
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Naert, Frederik. "The European Union, Fisheries and ‘Due Regard’ in the EEZ: Some Reflections." International Journal of Marine and Coastal Law 34, no. 1 (February 18, 2019): 89–96. http://dx.doi.org/10.1163/15718085-23341043.
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Abstract This contribution addresses some particular aspects of fisheries and some specificities of the European Union (EU) in this field. The first section explains how institutional settings in the framework of which all states concerned can discuss mutual rights and obligations, including the ‘due regard’ obligation in the exclusive economic zone (EEZ), have been established in the field of fisheries. The second section presents two examples of situations in which the ‘due regard’ obligation has given rise to discussion: the negotiations on an Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and discussions on Marine Protected Areas and other similar areas. In the third section, a few issues that are particular to the EU are identified, including the competences transferred to the EU and their external exercise by the EU and the impact of EU law on relations between Member States in their respective EEZs.
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Koh, Christine, Soon Ang, and Detmar W. Straub. "IT Outsourcing Success: A Psychological Contract Perspective." Information Systems Research 15, no. 4 (December 2004): 356–73. http://dx.doi.org/10.1287/isre.1040.0035.
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Information technology (IT) outsourcing success requires careful management of customer-supplier relationships. However, there are few published studies on the ongoing relationships, and most of these adopt a customer perspective, de-emphasizing suppliers. In this study, we look at both customer and supplier perspectives, by means of the psychological contract of customer and supplier project managers. We apply the concept of psychological contract to perceived mutual obligations, and to how such fulfillment of obligations can predict success. Our research questions are (1) What are the critical customer-supplier obligations in an IT outsourcing relationship? and (2) What is the impact of fulfilling these obligations on success? We use a sequential, qualitative-quantitative approach to develop and test our model. In the qualitative study, we probe the nature of customer-supplier obligations using in-depth interviews. Content analysis of interview transcripts show that both customers and suppliers identify six obligations that are critical to success. Customers perceive supplier obligations to be accurate project scoping, clear authority structures, taking charge, effective human capital management, effective knowledge transfer, and effective interorganizational teams. Suppliers perceive customer obligations as clear specifications, prompt payment, close project monitoring, dedicated project staffing, knowledge sharing, and project ownership. In the second quantitative study, we assess the impact of fulfilling these obligations on success through a field study of 370 managers. Results show that fulfilled obligations predict success over and above the effects of contract type, duration, and size.
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Wieteska, Magda. "Marriage vs cohabitation - an alternative or opposition?" Journal of Education Culture and Society 9, no. 1 (June 27, 2018): 27–35. http://dx.doi.org/10.15503/jecs20181.27.35.
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Thesis
Informal relationships are very popular in modern times. The number of people choosing marriage is slowly decreasing. The author of the article discerns the similarities and differences between cohabitation and marriage. The author puts forward the thesis that it is impossible to assess whether marriage is superior to cohabitation and vice versa.
Concept
The author presents the definitions and legal regulations of marriage and cohabitation. Additionally she lists the types of cohabitation and types of marriage.
Results and conclusion
In times of "liquid postmodernity" one should accept the coexistence of marriage and cohabitation, without assessing which of these forms is better, more beneficial, richer.
Originality/Cognitive value
In the subject literature cohabitation is presented as a short-term relationship, deprived of mutual obligations of partners, based only on sexual attachment and living together. It stands in opposition to marriage, which is as a permanent relationship based on mutual obligations of spouses and a strong emotional bond.
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Janku, Martin. "Contractual Penalty and the Right to Payment for Delays Caused by Force Majeure in Czech Civil Law under the New Civil Code." DANUBE: Law and Economics Review 6, no. 4 (December 1, 2015): 259–69. http://dx.doi.org/10.1515/danb-2015-0016.
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Abstract In the context of the conclusion of contracts between entrepreneurs under the Czech Civil Code, it is a relatively common arrangement that the parties disclaim any and all liability for damage arising from non-compliance with contractual obligations, if they can prove that this failure was due to an obstacle independent of their will. This circumstance excluding liability for the damage is called force majeure by the theory. In many countries this circumstance is ruled upon directly by the legislation (höhere Gewalt, vis major). The Czech regulations represented by the new Civil Code of 2012 (CivC), however, contains only a framework provision that mentions discharging reasons. The paper deals with the – rather disputable – issue that the force majeure does not affect the obligation to pay a contractual penalty under the new rules of the CivC. It should be therefore reflected in the arrangements for contractual penalties inter partes. To this effect the paper analyses the concepts of contractual penalties and force majeure in civil law legislation. Afterwards it compares their mutual relationship and impact on the obligations of the Contracting Parties. Finally, it draws recommendations for practice from the perspective of the contracting process.
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Randall, Thomas. "Care Ethics and Obligations to Future Generations." Hypatia 34, no. 3 (2019): 527–45. http://dx.doi.org/10.1111/hypa.12477.
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A dominant area of inquiry within intergenerational ethics concerns how goods (and bads) ought to be justly distributed between noncontemporaries. Contractualist theories of justice that have broached these discussions have often centered on the concepts of mutual advantage and (indirect) reciprocal cooperation between rational, self‐interested beings. However, another prominent reason that many in the present feel that they have obligations toward future generations is not due to self‐interested reciprocity, but simply because they care about what happens to them. Care ethics promises to be conceptually well‐suited for articulating this latter reason: given that future generations are in a perpetual condition of dependency on present‐day people's actions, this is precisely the kind of relational structure that care theorists should be interested in morally evaluating. Unfortunately, the care literature has been largely silent on intergenerational ethics. This article aims to advance this literature, offering the blueprints of what a care ethic concerning future generations—a “future care ethic”—should look like. The resultant ethic defends a sufficientarian theory of obligation: people in the present ought to ensure the conditions needed to encourage and sustain a world that enables good caring relations to flourish.
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McGrath, Michael, and Pablo J. Man. "SEC fines alternative mutual fund adviser for improper handling of fund assets." Journal of Investment Compliance 16, no. 2 (July 6, 2015): 35–37. http://dx.doi.org/10.1108/joic-04-2015-0028.
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Purpose – To explain that the Securities and Exchange Commission (“SEC”) brought and settled charges against an investment adviser to several alternative mutual funds alleging, among other charges, failure to comply with the custody requirements of the Investment Company Act of 1940, as amended (the “1940 Act”). Design/methodology/approach – To explain that the Securities and Exchange Commission (“SEC”) brought and settled charges against an investment adviser to several alternative mutual funds alleging, among other charges, failure to comply with the custody requirements of the Investment Company Act of 1940, as amended (the “1940 Act”). Findings – The enforcement action serves as an important reminder for the growing number of advisers of alternative mutual funds to be mindful of specific restrictions and obligations when managing registered funds that do not apply to private funds and separate accounts. This action shows that the SEC will bring charges even when the alleged violations do not result in harm to investors. Practical implications – The 1940 Act, the rules thereunder, and SEC staff guidance relating to alternative investment strategies are complicated and not intuitive. These standards can constrain a registered fund’s ability to employ options, futures, swaps, prime brokerage, repurchase and reverse repurchase agreements, enhanced leverage through securities lending, and other facilities. As the SEC continues to examine alternative mutual funds, advisers to these funds should remain cognizant of the obligations arising under the 1940 Act and the implementation of fund policies and procedures. Originality/value – Practical guidance from experienced financial services lawyers.
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Smolentsev, Sergey, Alexey Filyakov, and Dmitry Isakov. "Assessment of the situation of convergence of ships at sea on the basis of COLREG." E3S Web of Conferences 363 (2022): 01028. http://dx.doi.org/10.1051/e3sconf/202236301028.
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The problem of estimating the navigational situation in case of convergent ships at sea is considered. The algorithm of estimation of a situation of approach of ships according to COLREG is offered with use of the information on mutual positioning and elements of movement of ships. An algorithm for determining the mutual responsibilities of ships on the basis of information on the navigational status of ships obtained by AIS, and the situation of their convergence is proposed. The complex estimation of situation in a group of ships is offered in the form of a full connected directed graph of situations defining the degree of danger and mutual obligations according to COLREG of each of the ships in this group.
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Moberg, Dennis J. "An Ethical Analysis of Hierarchical Relations in Organizations." Business Ethics Quarterly 4, no. 2 (April 1994): 205–20. http://dx.doi.org/10.2307/3857492.
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Abstract:Ethical analyses of the relations between managers and subordinates have traditionally focused on the employment contract. The inequality and requisite mutual trust between managers and subordinates makes the sub-disciplines of professional ethics and feminist ethics more applicable than the contractarian perspective. When professional ethics is applied to hierarchic relationships, specific obligations emerge for managers and subordinates alike. The application of feminist ethics results in the identification of an entirely different, though not contradictory, set of obligations. In toto, the analysis improves on the conventional wisdom governing hierarchic relationships while at the same time remaining consistent with our moral intuitions.