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Journal articles on the topic 'Duty to act in good faith'

Author: Grafiati

Published: 4 September 2021

Last updated: 29 July 2025

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1

Masum, Ahmad, Shahrul Nizam Salahudin, and Hajah Hanan Haji Abdul Aziz. "Corporate Governance and Directors Duty to Act in Good Faith and in the Best Interest of the Company: The Malaysian Experience." International Journal of Engineering & Technology 7, no. 4.38 (2018): 795. http://dx.doi.org/10.14419/ijet.v7i4.38.27547.

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Corporate governance is not a legal term. It is a term that refers broadly to the rules, processes, or laws by which businesses are operated, regulated, and controlled. It has traditionally specified the rules of business decision making that apply to the internal mechanisms of companies. Corporate governance mechanisms have the purpose of monitoring and controlling the management of corporations resulting in more effective management and to enhance shareholder value. The aim of this paper is to examine the duty of company directors to act in good faith and in the best interest of the company

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2

Tchawouo Mbiada, Carlos Joel, and Livhuwani Sosanah Lavhengwa. "Derivative Misconduct and the Employee’s Duty to Act Bona Fide." International Journal of Research in Business and Social Science (2147- 4478) 12, no. 7 (2023): 664–68. http://dx.doi.org/10.20525/ijrbs.v12i7.2868.

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In what circumstances may an employer dismiss an employee who deliberately chooses not to disclose information even though she/he was expressly requested to do so? Can a negative inference be drawn against the said employee? These questions are examined within the context of derivative misconduct which emphasises a duty placed upon employees to disclose any misconduct perpetrated by fellow employees. This duty arises out of the implied common law duty of good faith that an employee owes to his/her employer by virtue of the contract of employment. The duty of good faith is a sacrosanct principl

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3

Mirth, E. "Good Faith Duties of Secured Parties and Receivers under the Personal Property Security Act." Alberta Law Review 30, no. 4 (1992): 1216. http://dx.doi.org/10.29173/alr1225.

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Mirth presents a detailed discussion of the duties of secured parties and receivers to act in good faith under the Personal Property Security Act of Alberta. The focus is on ss. 16 and 66 of the Act which set out requirements similar to those codified in Part 8 of the Alberta Business Corporations Act. First, the duty of receivers to pursue the best possible price on the sale of assets is considered. Mirth then goes on to discuss how the duty of good faith was defined in pre-PPSA situations and determines that the duty will be of much more positive nature in the future: recent cases indicate t

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4

Tosato, Andrea. "Commercial Agency and the Duty to Act in Good Faith." Oxford Journal of Legal Studies 36, no. 3 (2016): 661–95. http://dx.doi.org/10.1093/ojls/gqv040.

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Christiansen, Mark D. "Oklahoma." Texas Wesleyan Law Review 18, no. 3 (2012): 587–610. http://dx.doi.org/10.37419/twlr.v18.i3.17.

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PenSa further argued that operating agreements imposed on Bays, as operator, a duty of good faith and fair dealing, which Bays violated. The court first recognized that, under Oklahoma law, the common law "duty of good faith and fair dealing" does not extend to the contractual relationship created by an operating agreement. However, the operating agreements at issue in this case expressly provided that the parties were obligated to act in good faith in their dealings with each other with respect to the activities under those agreements. Since the duty of good faith between the parties in this

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Kaczorowska, Bogna. "Zależności między dorobkiem kontynentalnego prawa prywatnego a common law na przykładzie kryterium dobrej wiary w dziedzinie umów zobowiązaniowych." Studia Iuridica, no. 89 (May 2, 2022): 125–50. http://dx.doi.org/10.31338/2544-3135.si.2022-89.7.

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The growth in prominence of the good faith standard in contract law under different common law jurisdictions informs an advanced research on to what extent the juridical concepts characteristic of the civil law framework may impact the Anglo-American legal sphere. This course of development can be exemplified by the recent debate in English law over the acceptance of a general requirement of good faith in contract performance. Of particular importance is the latest explanation advanced by a part of the English judiciary, leading towards the recognition of an implied good faith duty in relation

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7

Carter, J. W., and Wayne Courtney. "GOOD FAITH IN CONTRACTS: IS THERE AN IMPLIED PROMISE TO ACT HONESTLY?" Cambridge Law Journal 75, no. 3 (2016): 608–19. http://dx.doi.org/10.1017/s0008197316000507.

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AbstractThis article critiques the model for implementation of good faith suggested by Leggatt J’s obiter comments in Yam Seng Pte Ltd v International Trade Corp Ltd. He considered that a general term of good faith may be implied as a matter of construction or as a factual implication under traditional implied terms rules; and that further terms might be implied as specific manifestations of the general term. These further terms would reflect “shared values and norms of behaviour”, including the “core value of honesty”. The article contends that the reasoning to support the general implication

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Seo, Seong Ho. "A Study on the Legal Relationship between the Company and Shareholders and the General Meeting of Shareholders and the Possibility of Clarification : Starting with the review of recent commercial law amendments (proposals) and controversies such as the obligation to fulfill the directors." Legal Studies Institute of Chosun University 31, no. 3 (2024): 61–88. https://doi.org/10.18189/isicu.2024.31.3.61.

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Recently in Korea, arguments have been raised that it is necessary to revise the Commercial Act in order to crystalize the duty of faith by directors stipulated in Article 382-3, and the following proposals have been raised for revision of the Commercial Act; 1. While there have been proposals for a revised act that explicitly states the duty of faith by directors to shareholders, especially the duty of faith to protect minority shareholders, 2. On the other hand, there have been arguments that the duty of care of good manager by directors should not effected as provisions applying the Civil C

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Castronovo, Carlo. "Information Duties and Precontractual Good Faith." European Review of Private Law 17, Issue 4 (2009): 559–71. http://dx.doi.org/10.54648/erpl2009037.

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ABSTRACT: This article deals with the relationship between information duties and the good faith principle within the Draft Common Frame of Reference (DCFR). After an introduction regarding the origin of the Common Frame of Reference (CFR) and its end, the author explains the meaning of the concurrence between the Principles of European Law (PEL) and the acquis communautaire. Both of these sources deal with precontractual duties although at a different level. Whereas the PEL set up a general duty to act in good faith during negotiations, on this point the acquis concentrates on duties of infor

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10

Yuniarti, Shanty Ika. "Duty of Disclosure for Insurance Contracts: A Comparative Note of the United Kingdom and Indonesia." Corporate and Trade Law Review 1, no. 1 (2020): 80–97. http://dx.doi.org/10.21632/ctlr.1.1.80-97.

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Duty of disclosure is one of the most essential aspects of an insurance contract. Its role in an insurance contract is to avoid fraud and misinterpretations. A person seeking insurance must act in good faith, and good faith requires to disclose every material fact known, related to the risk. It begins with the proposer for the insurance policy that is obliged to disclose all information to the insurer. However, there is a possibility either the insured or insurer done a breach of duty of disclosure. Breach of duty of disclosure includes Non-Disclosure and Misrepresentation. Breach of duty of d

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Kang, Gi-jung, and JEONGBIN AHN. "Dogmatics on the Criminal Law relating to the Fraud by omission: Focusing on the duty to inform in the Fraud which is non-obligatory Property Crime." Legal Studies Institute of Chosun University 30, no. 1 (2023): 201–30. http://dx.doi.org/10.18189/isicu.2023.30.1.201.

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In the case of fraud, deception is an objective component, but its content and scope are not easily predictable. Jurisprudence expands the scope of deception by stating that all acts that are contrary to the good faith and sincerity are included in its scope. In discussing the establishment of the fraud by omission, precedents and theories that seek the basis for the duty to act in the principle of good faith are being criticized a lot. It is understandable that it is a realistic limitation that it is impossible to make all the circumstances and contents of the obligation to act as a component

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Buckley, Lynn. "The Influence of Corporate Purpose on Directors' Interpretations of their Duty to Act in Good Faith and in the Best Interests of the Company." Victoria University of Wellington Law Review 55, no. 3 (2025): 437–52. https://doi.org/10.26686/vuwlr.v55i3.9835.

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Does a corporation's purpose influence its directors' interpretations of their duty to act in good faith and in the best interests of the company? To consider this question, this article explores interview data generated with 22 professional directors sitting on private sector boards in Aotearoa New Zealand. These professional directors held board roles across 92 private sector companies, 24 of which are NZX/ASX-listed and 49 defined as large under the Financial Reporting Act 2013. The interview findings reveal that director interpretations of the duty are often influenced by their understandi

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Vasylieva, V. V. "General Provisions On Duties Of Company Officials In The Legislation Of Ukraine." Actual problems of improving of current legislation of Ukraine, no. 54 (November 30, 2020): 3–10. http://dx.doi.org/10.15330/apiclu.54.3-10.

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The purpose of the article is to study the provisions of the current legislative acts of Ukraine, which regulate the legal status and duties of the company’s officials, compare the completeness and detail of the regulation of duties of officials for joint stock companies, limited liability companies and additional liability companies. The main methods of research applied by the author are analysis and comparison. The norms of the Civil and Commercial Codes of Ukraine, laws of Ukraine on JSC, LLC and ALC were investigated. The article explores the provisions of the proposed draft law on joint s

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Song, Young-Min. "Adult Guardianship System and Functions of Article 947 of the Civil Code." Wonkwang University Legal Research Institute 39, no. 3 (2023): 49–69. http://dx.doi.org/10.22397/wlri.2023.39.3.49.

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This study examines the function of Article 947 of the Civil Code in the adult guardianship system, focusing on the relationship between one's welfare and one's intention. Under civil law, the duty of respect for the will of a guardian is shown everywhere, but it is not clear what the meaning of respecting the will of the guardian in handling guardianship affairs is. Under Article 681 of the Civil Act, the guardian's duty of care becomes the standard for the duty of care to judge the objective welfare of the adult guardian. On the other hand, Article 947 of the Civil Act becomes the stan

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Gribov, Nick D. "Obligations of Corporation Members." Pravosudie / Justice 3, no. 1 (2021): 128–47. http://dx.doi.org/10.37399/2686-9241.2021.1.128-147.

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Introduction. The article is devoted to the analysis of the obligations of corporation members in Russian and foreign law. In the Russian and foreign doctrines, attention is paid to the duties of directors or controlling persons. Therefore, the legal question of the obligation of the corporation members is of high scientific interest. Theoretical Basis. Methods. The author analyzed the doctrines of corporate law in Russian and foreign science. In the process of studying the obligations of the corporation members, the au- thor relied on systemic, comparative methods, and a problem-theoretical m

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Muhayatsyah, Ali. "KEPUTUSAN BISNIS DAN TANGGUNGJAWAB DIREKSI DALAM PRINSIP FIDUCIARY DUTIES PADA PERSEROAN TERBATAS." AT-TIJARAH: Jurnal Penelitian Keuangan dan Perbankan Syariah 1, no. 2 (2019): 37–56. http://dx.doi.org/10.52490/at-tijarah.v1i2.715.

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The main party charged with fiduciary duty is the board of directors. In UUPT No. 40/2007 it does not specifically regulate fiduciary duty but rather regulates general principles. From the general principle of fiduciary duty, directors in managing the company must pay attention to the interests of the company above other interests; directors must act in accordance with the aims and objectives of the company (intra vires), and pay attention to the limitations and restrictions determined by the law and the articles of association of the company. In carrying out their duties as directors, they ar

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Mandell, William J. "A Physician's Exposure to Defamation." Quality Assurance and Utilization Review 7, no. 1 (1992): 30–33. http://dx.doi.org/10.1177/106286069200700105.

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The article defines defamation, discusses how to avoid a defamation action, and suggests defenses against a defamation action. Several examples are given that demonstrate common situations where liability exists and how a physician should respond. The article explains that at times we have a duty to speak and differentiates between our legal, moral, and ethical duty. Defamation should not be a concern for those involved in the peer review process, as long as they are truthful or act in a good faith belief that what they are saying is true. The article should enhance peer review by encouraging

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18

Han, Nak-Hyun, and Sung-Kuk Kim. "A Study on the Duty to Negotiate in Good Faith before the Arbitration under UK Arbitration Act." Journal of Korea Research Association of International Commerce 18, no. 6 (2018): 91–117. http://dx.doi.org/10.29331/jkraic.2018.12.18.6.91.

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Odeku, Kola O., and Takalani Mudzielwana. "Protecting Home Loan Seekers in South Africa: Combating Unlawful Mortgage Lending Practices by Financial Institutions." Perspectives of Law and Public Administration 13, no. 1 (2024): 91–100. http://dx.doi.org/10.62768/plpa/2024/13/1/09.

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All over the world, home loans and mortgages are part and parcel of the products and services being offered by the financial institutions-such as banks and homeowner mortgage institutions to their numerous customers. Prior, during and post home loan transactions, they owe their customers the duty to ensure full disclosure of all the terms and conditions in the mortgage agreements without withholding any information. This paper examines any act contrary to uberrimae fidei-utmost good faith in the transactions. Uberrimae fidei requires the highest standard of good faith on both the lender and bo

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Yun, Sohyun, and Changwon Lee. "The Criminal Liability in the Case where the Transferor of the Nominated Claim has Received and Consumed Reimbursement before the Notice of Transfer." Institute for Legal Studies Chonnam National University 42, no. 3 (2022): 371–95. http://dx.doi.org/10.38133/cnulawreview.2022.42.3.371.

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The court have acknowledged that if the transferor of bond received and consumed money, which is a reimbursement, from the debtor before the notification of transfer, the transferee has the ownership of the money and the transferor in the custody of the money and the transferor is guilty of the embezzlement, but lately denied all of it in this case. The majority opinion discussed whether to apply the ownership of money under criminal law, which is different from that under civil law. But, in this case, even if the reimbursement is not money, ownership belongs to the transferor, so it is

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Ibrokhimov, Azimjon. "FIDUCIARY DUTIES IN THE MANAGEMENT OF THE CORPORATION AND THEIR APPLICATION IN UZBEKISTAN." Review of Law Sciences 5, no. 4 (2021): 66–73. http://dx.doi.org/10.51788/tsul.rols.2021.5.4./stdq1959.

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At present, comprehensive reforms are being implemented to improve civil law in our country. This can also be seen in the rules of corporate law. In particular, one of the reforms is related to the fiduciary duties of the managers of the legal entity. In corporate law, the fiduciary duties of the governing body of a legal entity are one of central issues. Proper and effective management of a legal entity is largely determined by the extent to which the fiduciary duties of the governing bodies are regulated and adhered to. Failure to comply with fiduciary duties is also the basis for liability

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Orlov, Vladimir. "Legal Aspects of Corporate Governance in Russia." Athens Journal of Law 8, no. 4 (2022): 371–94. http://dx.doi.org/10.30958/ajl.8-4-2.

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Corporate governance in Russia is subject to the present civil law provisions, contained in the Civil Code and laws regulating different forms of corporations, including companies, enacted in accordance with it, which concern governing bodies and decision-making procedures. The supreme governing body of the company is the general meeting of its participants, and the issues, which are within its exclusive authority, are enlisted in the law. A company must have an executive body that represents it. It may have also a collegiate executive body and a collegiate governing body for controlling the e

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Risqitullah, Qodrad. "Kewajiban dan Tanggungjawab Wali Amanat Terhadap Investor Pemegang Obligasi Menurut Undang-Undang Nomor 8 Tahun 1995 Tentang Pasar Modal." JOURNAL of LEGAL RESEARCH 4, no. 3 (2022): 655–72. http://dx.doi.org/10.15408/jlr.v4i3.27558.

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This thesis is descriptive normative legal research on the Trustees' duty to bondholder investors under the Capital Market Law, hence no hypotheses are needed. Data collecting strategies using library research to trace legal documents to books, periodicals, seminar papers, and related laws and regulations, notably in the Investment industry. Data management techniques include editing and categorizing data, followed by qualitative data analysis to draw a conclusion, which is that the Trustee's obligation to bondholder investors under the Capital Market Law is to act only for the benefit of all

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Scholtemeijer, J. "Die proloë van Terentius - ’n teatercredo." Literator 12, no. 1 (1991): 43–50. http://dx.doi.org/10.4102/lit.v12i1.743.

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In his prologues Terence replies to criticism on his work and criticizes the comic convention, but also expounds his own theory of theatre. The theatrical event is contained in three elements: text, actor and audience. Only when these three elements meet and work together in the theatre do we have living drama. The playwright entrusts his text (studium) to the guardianship (tutela) of the actor who has the authority (auctoritas) of a guardian (tutor) to act in the interest of the author and his work. The text is also entrusted to the good faith (fides) of the audience who has the moral duty (f

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Raligilia, Konanani. "A reflection on the duty of mutual trust and confidence: Off-duty misconduct in the case of Biggar v City of Johannesburg revisited." African Journal of Employee Relations (Formerly South African Journal of Labour Relations) 38, no. 2 (2019): 70–77. http://dx.doi.org/10.25159/2520-3223/5892.

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The case of Biggar v City of Johannesburg Emergency Management Services (2011) 32 ILJ 1665 (LC) provides a critical analysis of the implied obligation of good faith and fair dealing in the context of off-duty misconduct. This paper examines the extent of the obligation upon the employer not to act without reasonable and proper cause, if the action is such as would be calculated or likely to destroy or severely damage the relationship of trust and confidence that exists between the employer and its employees. The paper further argues that failure by the employer to take the necessary steps to e

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Raligilia, Konanani. "A reflection on the duty of mutual trust and confidence: Off-duty misconduct in the case of Biggar v City of Johannesburg revisited." African Journal of Employee Relations 38, no. 2 (2019): 70–77. http://dx.doi.org/10.25159/2664-3731/5892.

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The case of Biggar v City of Johannesburg Emergency Management Services (2011) 32 ILJ 1665 (LC) provides a critical analysis of the implied obligation of good faith and fair dealing in the context of off-duty misconduct. This paper examines the extent of the obligation upon the employer not to act without reasonable and proper cause, if the action is such as would be calculated or likely to destroy or severely damage the relationship of trust and confidence that exists between the employer and its employees. The paper further argues that failure by the employer to take the necessary steps to e

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Sung Keun O. "A Study on the Duty of Good Faith and Fairness under the Korea’s Financial Investment Services and Capital Markets Act." Korean Journal of Securities Law 15, no. 3 (2014): 209–41. http://dx.doi.org/10.17785/kjsl.2014.15.3.209.

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Marumoagae, Motseotsile Clement, and Kiyasha Thambi. "Should payment of additional remuneration to business rescue practitioners outside section 143 of the Companies Act be prohibited?" South African Mercantile Law Journal 36, no. 3 (2024): 378–97. https://doi.org/10.47348/samlj/v36/i3a2.

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Certain nuances relating to rescue proceedings inadvertently place a practitioner under staid constraints, hindering the execution of statutory duties. Nevertheless, section 143(1) of the Companies Act 71 of 2008 (‘the 2008 Act’) provides for the remuneration of business rescue practitioners, based on a prescribed tariff. Where practitioners find these tariffs non-commensurate, they may propose the payment of additional remuneration payable on a contingency basis. In certain circumstances, the acceptance of a ‘success fee’ by a practitioner could possibly constitute a breach of the practitione

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Kałduński, Marcin. "The Element of Risk in International Investment Arbitration." International Community Law Review 13, no. 1-2 (2011): 111–24. http://dx.doi.org/10.1163/187197311x552938.

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AbstractInvestments have always been exposed to a degree of risk. The present article, based on the author’s presentation at the conference “Sir Hersch Lauterpacht ‐ Lawyer of Two Cultures”, organized by the Embassy of the Republic of Poland and the Lauterpacht Centre for International Law of the University of Cambridge on 5‐6 November 2008, examines the element of risk, inherent in any investment project, as it has been delineated through international investment arbitration. The main focus is on the duty, on the part of the investor, to make a risk-assessment and act in good faith. These dut

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Lee, Ju Yoen. "An Analysis of Korean Case Law on the Application of Article 54 in Copyright Disputes." Korea Copyright Commission 150 (June 30, 2025): 185–244. https://doi.org/10.30582/kdps.2025.38.2.185.

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Article 54 of the Korean Copyright Act is understood to adopt a registration-as-opposability system grounded in the principle of intention, aiming to enhance transactional security in copyright through a public notice system similar to real estate registration. However, its effectiveness in fulfilling this role remains debatable. Korean courts have applied Article 54 to double copyright transactions, where someone who has already transferred a copyright enters a subsequent transaction as if they still hold the rights. Courts have extended the provision’s scope beyond registrable transfers to i

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Anifalaje, Kehinde. "Statutory Reform of the Doctrine of Uberrimae Fidei in Insurance Law: A Comparative Review." Journal of African Law 63, no. 2 (2019): 251–79. http://dx.doi.org/10.1017/s0021855319000160.

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AbstractThe common law doctrine of uberrimae fidei is pivotal to all contracts of insurance. It imposes a duty on the parties to act towards each other with utmost good faith by disclosing all material facts and not misrepresenting any fact, either before the contract is formed or while the contract subsists. This article examines the doctrine and its statutory reforms in Nigeria and the United Kingdom. It argues that, before the statutory interventions, the iniquitous doctrine was a potent weapon, most often used by insurers to defeat just and legitimate claims by an insured. Although the leg

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Kim, Jae-Woo. "A Study on the Duty of Fair Presentation of the Insurer and Doctrine of Utmost Good Faith in the UK Insurance Act 2015." Korea International Trade Research Institute 17, no. 3 (2021): 189–205. http://dx.doi.org/10.16980/jitc.17.3.202106.189.

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Esendirov, Akhmed V. "ONCE AGAIN ABOUT THE NATURE OF THE DIRECTOR'S LIABILITY TO A LEGAL ENTITY." Scientific Review. Series 1. Economics and Law, no. 4 (2020): 113–21. http://dx.doi.org/10.26653/2076-4650-2020-4-10.

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Eight years have passed since the implementation of the largest corporate law reform in 2013 and the adoption of the Resolution of the Plenum of the Supreme Arbitration Court of the Russian Federation dated July 30, 2013 No. 62 "On some issues of compensation for damages by persons who are members of the management bodies of a legal entity", but still the question the nature of their responsibility, as well as its standard, is controversial among researchers of corporate law and in court practice. This article explores various approaches to understanding the nature of the responsibility of mem

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Wardhana, Gideon Paskha. "BUSINESS JUDGEMENT RULE SEBAGAI PERLINDUNGAN ATAS PERTANGGUNGJAWABAN PRIBADI DIREKSI PERSEROAN." Jurnal Riset Manajemen dan Bisnis 14, no. 1 (2019): 59. http://dx.doi.org/10.21460/jrmb.2019.141.316.

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This research is intended to understand the implementation of the business judgement rule doctrine (“BJR”) in the corporate law of Australia, Netherlands and within the Act No. 40 Year 2007 concerning Limited Liability Company, and the importance of BJR to directors and the company that they manage. This research is a normative juridical study conducted through library research and analyzed by qualitative research methods on secondary data and by comparing the implementation of BJR doctrine in Australia and Netherlands. The result of the study shows that BJR gives a legal protection to company

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Serwach, Małgorzata. "Obligations of Insurance Broker as Insurance Distributor." Prawo Asekuracyjne 3, no. 100 (2019): 62–76. http://dx.doi.org/10.5604/01.3001.0013.5734.

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The Insurance Distribution Act introduced a wide variety of notions and imposed a number of new statutory obligations, in particular, the definitions of insurance distribution and insurance distributor. The aim of the article is to present the statutory obligations imposed on insurance and reinsurance brokers as insurance distributors. The author points out that these duties can be divided according to different criteria and emphasizes that the broker's obligations towards the client are the most important in insurance practice. She discusses the duty to analyse client's needs and requirements

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Szymanski, Charles F. "The Idea of the “General Clause” in American Labor Law." Białostockie Studia Prawnicze 26, no. 2 (2021): 11–49. http://dx.doi.org/10.15290/bsp.2021.26.02.01.

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Abstract European legal systems have long encompassed the concept of the “general clause”, particularly in contract and labor law. The general clause includes unwritten legal norms such as good faith and public morality, and these principles are duly incorporated in the process of construing civil and labor contracts. While the general clause itself is formally absent in common law systems, its principles have found their way into modern British and American law. Two primary examples include the doctrines of good faith and unconscionability. In a broader sense, the idea of introducing rather i

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SHIN, Gun Hoon, and Se-Hwan JOO. "A Study on the Scope of Insurer’s Duty of (Utmost) Good Faith in English Insurance Law Focused on the Impacts of the Insurance Act 2015." INTERNATIONAL COMMERCE & LAW REVIEW 84 (December 31, 2019): 125–46. http://dx.doi.org/10.35980/krical.2019.12.84.125.

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Ņikiforovs, Andrejs. "Valdes locekļa atbrīvošana no atbildības ar dalībnieka lēmumu." SOCRATES. Rīgas Stradiņa universitātes Juridiskās fakultātes elektroniskais juridisko zinātnisko rakstu žurnāls / SOCRATES. Rīga Stradiņš University Faculty of Law Electronic Scientific Journal of Law 1, no. 22 (2022): 127–37. http://dx.doi.org/10.25143/socr.22.2022.1.127-137.

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The current legislation in force in the Republic of Latvia grants to any member of the board of any capital company wide powers to dispose of the company’s property. The duty to act with the care and diligence of a prudent and careful manager does not allow a CEO to act contrary to the company’s interest. However, if a member of the board has caused damage to the company, they may be released from liability by a lawful resolution of the shareholder. The current study analysed the standard of an honest and careful manager in accordance to Article 169 of the Commercial Law and the obligation to

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Kim, Hee Ju. "A Study on the Rational Solution of Immediate Annuity Issues through the Precedent Analysis." Korean Insurance Law Association 16, no. 3 (2022): 217–71. http://dx.doi.org/10.36248/kdps.2022.16.3.217.

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In the disputes over immediate annuity insurance, the court's judgments of the first and second instances related to the insurer's duty to explain are presented. The disputes began in 2017, and the Financial Supervisory Service's Dispute Mediation Committee recommended that all inherited annuity products(maturity refund type) subscribers pay additional underpaid insurance, but insurers refused to pay collectively except for the mediation case. According to the precedents that consumers have won so far, insurers should specify the risks that “insurers can pay less than the minimum guaranteed ra

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Odoi, Reginald Nii Odoi. "SHIELDING DIRECTING MINDS OF COMPANIES AGAINST LIABILITY:." UCC Law Journal 4, no. 1 (2024): 1–20. http://dx.doi.org/10.47963/ucclj.v4i1.1545.

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Corporate Governance involves how companies are controlled and the role directors play in running the affairs of companies. Directors owe a fiduciary duty to the companies they administer and are required to observe the utmost good faith in their dealings. Where a director breaches the duties imposed by law or exceeds the powers so conferred, the director is to be personally liable for the damages caused actionable through fiduciary-duty litigation. This paper argues that though directors owe a duty of care, the “business judgment rule” or “business judgment presumption” should serve as a basi

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Priya Kumari and Rishi Kumar. "Business Judgment Rule: Defense for the Directors in Cases of Alleged Breach of Duties." Legal Research Development: An International Refereed e-Journal 4, no. III (2020): 34–43. http://dx.doi.org/10.53724/lrd/v4n3.04.

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In this article researchers will explain about Business Judgment Rule and how it can be used as a defence by the directors’ of the corporation. In simple language it can be said that the “Business judgment rule” is nothing but a judicially evolved doctrine derived out of case laws in the field of corporate laws. This doctrine has its origin in USA followed by U.K. The rule is in use in some form or the other in the common law countries e.g. whales, Australia, Canada, India &c. Australia has codified this rule under sec.1180(2) Corporations Act 2001, in South Africa Companies Act 71 of 200

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Nel, E. "Die fidusiêre plig in Suid-Afrika: ’n vierkantige pen in ’n ronde gat?" Tydskrif vir die Suid-Afrikaanse Reg 2025, no. 2 (2025): 368–77. https://doi.org/10.47348/tsar/2025/i2a10.

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The fiduciary-duty concept and its practical application by South African courts, with the Dlhomo case as an example, is subjected to scrutiny. In general, it is submitted that the fiduciary duty is the result of a particular relationship which is of a fiduciary nature, subject to certain primary common-law principles. In the case of the trustee, the relationship is framed in the context of a stipulatio alteri. Although the fiduciary relationship may have contractual characteristics, it also supports the communal interests of the parties involved. It is submitted that presiding officers often

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Kim, Won Gak. "A Study on the Duty of Disclosure in the U.S. Insurance Law." Korean Insurance Law Association 17, no. 2 (2023): 75–140. http://dx.doi.org/10.36248/kdps.2023.17.2.075.

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The duty of disclosure became a doctrine of insurance contracts in 1766 with the decision in Carter v. Boehm and was codified in the U.K. Marine Insurance Act(MIA) of 1906. Since then, insurance laws in every country have provided provisions for the duty of disclosure. The specifics of the duty of disclosure have evolved over time as the interpretation of good faith in insurance contracts and the need to address moral hazard in underwriting have changed from country to country and era to era. Today, however, the duty of disclosure continues to be debated in every country, and the United States

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Clive, E. "Breach of contract." Acta Juridica 2021 (2021): 37–56. http://dx.doi.org/10.47348/acta/2021/a2.

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This contribution uses J & H Ritchie Ltd v Lloyd Ltd 2007 SC (HL) 89 as a peg on which to hang a number of fundamental questions about contract: What is a contract? Does the word ‘contract’ sometimes refer to a legal relationship rather than a juridical act? If so, does this matter? Is the law on implied terms satisfactory? Might a duty of good faith and fair dealing in contract law be a better way of dealing with certain problems than resort to the implication of terms? When is a breach of contract serious enough to justify cancellation or rescission? Should a supplier of defective goods

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ME Manamela. "The Contest Between Religious Interests and Business Interests ‒ TFD Network Africa (Pty) Ltd v Faris (2019) 40 ILJ 326 (LAC)." Obiter 41, no. 4 (2021): 961–73. http://dx.doi.org/10.17159/obiter.v41i4.10498.

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The right to freedom of religion is one of the fundamental human rights. This is evident from several sections of the Constitution of the Republic of South Africa, 1996 (the Constitution), including sections 9, 15 and 31. Section 9(4) prohibits unfair discrimination (whether direct or indirect) against anyone on one or more of the grounds listed in section 9(3), which includes religion. Section 15(1) states that everyone has the right to freedom of conscience, religion, thought, belief and opinion, while section 31(1)(a) provides that persons belonging to a religious community may not be denie

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Marumoagae, Motsotsile Clement. "Do boards of trustees of South African retirement funds owe fiduciary duties to both the funds and fund members? The debate continues." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 15, no. 2 (2017): 553. http://dx.doi.org/10.17159/1727-3781/2012/v15i2a2499.

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Over the years, the South African retirement fund industry has experienced major regulatory changes. These changes were aimed at imposing a higher standard of governance on the boards of trustees governing various pension funds. As such, there has been a debate within the retirement fund industry as to whom the board, as the governing and managing body of the retirement fund, is accountable. South African courts and tribunals adjudicating pension fund related disputes and the retirement industry at large seem to share the view that the board of trustees is accountable to both the fund and its

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Rispler-Chaim, Vardit. "Between Islamic law and science : Contemporary Muftis and Muslim ethicists on embryo and stem cells research." Comparative Islamic Studies 2, no. 1 (2008): 27–50. http://dx.doi.org/10.1558/cis.v2i1.27.

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In practice, stem-cell and embryo research have encountered little resistance in Arab and Islamic countries, and it is already in progress in Egypt, Iran, Turkey, Malaysia, and elsewhere. The Islamic scientific community is largely free of religious inhibitions that jeopardize attempts of scientists in Christian oriented countries, for example, to engage in embryo and stem-cell research. The reason lies with the nature of Islamic medical ethics. According to this ethical system, obtaining knowledge is a human’s duty, and an act of faith. Also, science is revealed by Allah to humans to serve hu

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Ji, Gwangwoon. "Insurance Distribution using Robo-advisors and Legal Issues." Korean Insurance Law Association 16, no. 3 (2022): 187–213. http://dx.doi.org/10.36248/kdps.2022.16.3.187.

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The environment surrounding the insurance industry is likely to become even more digital than nowadays. In particular, robo-advisors are expected to be used effectively in the insurance distribution channel. Although there is no legal definition for robo-advisors in the related insurance act in Korea. Traditional insurance distribution channels can use them as sales aids. In this case, the robo-advisor type is likely to be used as a product recommendation type and an information provision type. In light of the current technological development of robo-advisors, it is not possible to equate rob

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BLANCO MONTAÑÉS, ABEL. "Contratación verbal y buena fe: una visión crítica de la buena fe de los contratistas en la contratación verbal." Revista Vasca de Administración Pública / Herri-Arduralaritzarako Euskal Aldizkaria, no. 130 (December 1, 2024): 59–101. https://doi.org/10.47623/ivap-rvap.130.2024.02.

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En sede judicial, la noción y el principio de la buena fe han jugado generalmente en contra de la Administración en los casos de contratación verbal. Sin embargo, también es preciso poner en duda o sencillamente negar la buena fe de los contratistas en un gran número de casos, ante la imposibilidad de asignarles una ignorancia excusable en la validez de una contratación que no presenta ninguna apariencia de regularidad jurídica. Este artículo desarrolla una visión crítica de la buena fe de los contratistas o proveedores y trata de precisar las consecuencias que la ausencia de buena fe en su co

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Desy Nur Aini, Fajar, Lego Karjoko, and Tuhana Tuhana. "The Rationality Of The Judge's Decision States That Good Faith Is The Basis For Canceling The Lease Agreement For Land And Buildings Under His Control." International Journal of Educational Research & Social Sciences 5, no. 2 (2024): 232–36. http://dx.doi.org/10.51601/ijersc.v5i2.796.

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In general, when people make written agreements regarding the rental of land and house buildings, they are usually made privately, some of which are notarized (Notarial Deeds), some parties choose to make written agreements regarding the rental of land and house buildings. made by hand with sufficient stamp duty. One example of the Supreme Court Decision Number 1078 K/Pdt/2021, the basis of the lawsuit filed by the Plaintiff is Bad Faith committed by the owner of the rental object in the lease extension agreement for the land and building under his control, then the actions or actions of the o

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