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Journal articles on the topic 'Fiduciary relation'

Author: Grafiati

Published: 30 May 2022

Last updated: 31 July 2025

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1

Marcoux, Alexei M. "A Fiduciary Argument Against Stakeholder Theory." Business Ethics Quarterly 13, no. 1 (2003): 1–24. http://dx.doi.org/10.5840/beq20031313.

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Abstract:Critics attack normative ethical stakeholder theory for failing to recognize the special moral status of shareholders that justifies the fiduciary duties owed to them at law by managers. Stakeholder theorists reply that there is nothing morally significant about shareholders that can underwrite those fiduciary duties. I advance an argument that seeks to demonstrate both the special moral status of shareholders in a firm and the concomitant moral inadequacy of stakeholder theory. I argue that (i) if some relations morally require fiduciary duties, and (ii) the shareholder-manager relat

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2

Diana, Farah, M. Nur Rasyid, and Azhari Azhari. "Kajian Yuridis Pelaksanaan Penghapusan Jaminan Fidusia Secara Elektronik." Syiah Kuala Law Journal 1, no. 2 (2017): 37–52. http://dx.doi.org/10.24815/sklj.v1i2.8472.

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Pendaftaran jaminan fidusia seharusnya diakhiri dengan penghapusan jaminan fidusia. Hal ini berguna untuk mengembalikan hak pemberi jaminan fidusia atas obyek jaminan fidusia yang sebelumnya diserahkan secara kepercayaan kepada penerima jaminan fidusia. Kurang tegasnya pengaturan mengenai penghapusan jaminan fidusia berakibat penerima fidusia akan lebih memilih tidak melakukan penghapusan jaminan fidusia. Dengan demikian, pihak yang dirugikan adalah debitor sebagai pemberi fidusia. Perusahaan pembiayaan konsumen sebagai kreditor disarankan memahami betul tentang pentingnya penghapusan jaminan

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3

Pajtic, Bojan. "Securing of claims by means of fiduciary agreements in the Serbian law." Zbornik Matice srpske za drustvene nauke, no. 152 (2015): 521–30. http://dx.doi.org/10.2298/zmsdn1552521p.

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Fiduciary agreements represent innominate legal affairs the basic function of which is to secure the trustor?s claims. Fiduciary security of claims is historically rooted in the Roman law institute "fiducia cum creditorecontracta". These contracts demonstrate numerous advantages in relation to most other forms of collateral security. The most prominent benefit is proved by the fact that, due to the transfer of the property title to the trustor in the moment of entering into agreement, the process of payment of the trustor?s claims is considerably accelerated and the level of legal security inc

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4

Proso, Maja, and Fani Milan Ostojić. "FIDUCIJARNO VLASNIŠTVO U ZAKONU O VLASNIŠTVU I DRUGIM STVARNIM PRAVIMA I OVRŠNOM ZAKONU – TEMELJNE RAZLIKE UREĐENJA INSTITUTA I NEKA KOMPARATIVNA RJEŠENJA." Pravni vjesnik 39, no. 3-4 (2023): 127–46. http://dx.doi.org/10.25234/pv/24117.

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Fiducia and, in relation with it, fiduciary ownership, was introduced into the Croatian legal system with the adoption of the Act on Ownership and Other Real Rights in 1996. Soon after, the institute was also introduced in the Enforcement Act., which regulates the institute as lex specialis. What is particularly interesting about fiducia and fiduciary ownership in Croatian legislation, and what is at the center of the author’s scientific interest in this paper, are the irreconcilable conceptual differences in the regulation of the institute between the Act on Ownership and Other Real Rights an

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Boatright, John R. "Fiduciary Duties and the Shareholder-Management Relation: or, What's so Special About Shareholders?" Business Ethics Quarterly 4, no. 4 (1994): 393–407. http://dx.doi.org/10.2307/3857339.

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Abstract:The claim that managers have a fiduciary duty to shareholders to run the corporation in their interests is generally supported by two arguments: that shareholders are owners of a corporation and that they have a contract or agency relation with management. The latter argument is used by Kenneth E. Goodpaster, who rejects a multi-fiduciary, stakeholder approach on the grounds that the shareholder-management relation is “ethically different” because of its fiduciary character. Both of these arguments provide an inadequate basis for the fiduciary duties of officers and directors of corpo

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Arienti, Leonardo, and Alessandra Santangelo. "La responsabilità delle società fiduciarie: profili penali e civili (Trib. Torre Annunziata, 7 dicembre 2023)." Trusts, no. 5 (October 3, 2024): 839–48. http://dx.doi.org/10.35948/1590-5586/2024.645.

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Tesi Le società fiduciarie autorizzate ed operanti ai sensi della L. 23 novembre 1939, n. 1966 sono state ritenute responsabili per la presunta partecipazione “consapevole e volontaria” ad un illecito penalmente rilevante, con relativi effetti anche sul piano civilistico. Il che pone rilevanti criticità in relazione al fatto che - ai sensi del D.M. 16 gennaio 1995 - le società fiduciarie possano agire esclusivamente secondo le direttive scritte impartite dai fiducianti e senza poter amministrare autonomamente i beni intestati e, quindi, in un contesto di sostanziale terzietà rispetto alle oper

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7

Muhammad Awal Alishakur and Ariawan Gunadi. "Legal Protection of Creditors' Preferences Rights Regarding Fiduciary Security Receivables." Journal of Law, Politic and Humanities 5, no. 1 (2024): 509–14. https://doi.org/10.38035/jlph.v5i1.874.

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This article is entitled legal protection of creditors' preference rights for fiduciary guarantee receivables. This article uses a normative legal research type with a research approach . statute approach , namely a legislative approach carried out by identifying legal issues and discuss applicable laws and regulations, in relation to the material discussed . The state through laws and regulations provides legal protection for recipients of guarantees for goods legally in the transfer of rights to goods, one of which is fiduciary guarantees. This guarantee positions the recipient of the guaran

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Lie, Gunardi, Moody Rizqy Syailendra Putra, and Belicia Widhyana Yulia Putri. "Fiduciary Shares as Collateral in Granting Credit." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 1 (2023): 651–56. http://dx.doi.org/10.57235/qistina.v2i1.503.

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In a debt agreement, of course the existence of collateral is very important so that the creditor can feel safe about the loan given to the debtor. Shares are one of the valuable and valuable intangible moving objects. Arrangements relating to shares are regulated in Law Number 40 of 2007 concerning Limited Liability Companies. Although it is not yet known the exact and clear definition of shares in Law Number 40 of 2007 concerning Limited Liability Companies, the regulation provides several provisions which are presumably related to shares. One of the interesting guarantees discussed in relat

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9

Marwadi, Mughni Labib, and Muhajir. "Prototype of Fiduciary Guarantee in Islamic Law." Shar-E : Jurnal Kajian Ekonomi Hukum Syariah 10, no. 2 (2024): 133–44. http://dx.doi.org/10.37567/shar-e.v10i2.2894.

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Fiduciary guarantees are material guarantees, which at first glance have similarities to pledge guarantees in Islamic law. This research will attempt to answer three main problems, what is the prototype of fiduciary guarantees in the thinking of scholars from the four schools of jurisprudence? What are the reasons and arguments put forward by these scholars regarding the four crucial factors related to fiduciary? Whose opinion is closer to fiduciary guarantees in Indonesia? The research results conclude that the prototype of fiduciary guarantees in Islamic economics already exists. This protot

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10

Lakshmi Gandhan, S., Daisy Mui Hung Kee, Maha Senan, and Jaya Senan. "STUDY ON THE FIDUCIARY ACCOUNTABILITY, SUSTAINABLE BUSINESS GROWTH IN THE LISTED COMPANIES AND SMEs." Humanities & Social Sciences Reviews 8, no. 1 (2020): 887–900. http://dx.doi.org/10.18510/hssr.2020.81106.

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Purpose of study: In this study, fiduciary accountability and sustainable business growth are examined. There is an inadequate study on the fiduciary accountability of directors in which directors are accountable for their actions such as approving expenditure on innovation, which results in low profit. As such this study will look into the innovation and sustainable business growth and how the fiduciary accountability of directors moot innovation technologically, encouraging innovative knowledge through social-media among the employees, product innovation to meet customers’ needs and, ensurin

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Anwar, Khoirul. "Fiduciary Collateral Object Execution Mechanism Post Constitutional Court Decision Number 2/PUU-XIX/2021." International Journal of Social Science Research and Review 6, no. 2 (2023): 194–98. http://dx.doi.org/10.47814/ijssrr.v6i2.969.

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Fiduciary guarantees have existed in society since the Dutch colonial era because of the flexibility of objects that can be burdened with fiduciary guarantees, the more there is a need for legal certainty over fiduciary guarantees. The Fiduciary Guarantee Act (UUJF) requires registration of the imposition of fiduciary guarantees. Registration is carried out at the Fiduciary Registration Office with a working area covering the entire territory of the Republic of Indonesia and is within the scope of duties of the Ministry of Law and Human Rights to obtain a fiduciary guarantee certificate. The f

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12

Devonshire, Peter. "ACCOUNT OF PROFITS FOR DISHONEST ASSISTANCE." Cambridge Law Journal 74, no. 2 (2015): 222–33. http://dx.doi.org/10.1017/s0008197315000331.

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AbstractIn Novoship (UK) Ltd. v Nikitin, a unanimous Court of Appeal held that an account of profits can be granted against a third party who dishonestly assists a breach of fiduciary duty. This raises fundamental questions as to the status of gain-based relief in relation to secondary wrongs. An account of profits reflects the imperatives of fiduciary duty and it is questionable whether the remedy should be extended to a stranger to that relationship. This article will analyse the spectrum of secondary liability and suggest an appropriate demarcation of compensation and disgorgement.

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13

Lubyagina, D. V. "Conflict of interest in the securities market." Courier of Kutafin Moscow State Law University (MSAL)) 1, no. 8 (2024): 82–89. http://dx.doi.org/10.17803/2311-5998.2024.120.8.082-089.

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In the article examines the problem of applying the legal interpretation of the concept of “conflict of interest,” including as applicable to legal relations in the stock market. Such concepts as the fiduciary duties of a trustee, the controversial nature of the legal definition of a conflict of interest through the concept of personal interest are considered. The need for further development of the prudential regulation system and a more specific definition of the criteria for the fiduciary duties of the principal in the securities market are substantiated. The possibility of introducing into

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14

Salihu, Ekrem. "Fiduciary Transfer of Ownership in Order to Secure the Satisfaction of Claim to Contemporary Right - Proposal De Le Lege Ferenda." European Journal of Multidisciplinary Studies 4, no. 1 (2019): 6. http://dx.doi.org/10.26417/ejms-2019.v4i1-524.

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Fiduciary transfer of ownership in order to secure the claim satisfaction represents the form of non-possessory securing of claim satisfaction, which is experiencing the Renaissance in the transition countries and in the contemporary right. This form of non-possessory pledge right is not regulated by law in our own right, nor does it enjoy legal protection. Fiduciary transfer of property on the contemporary right and legal circulation is experiencing affirmation because of the essential advantages in relation to the real means of securing the claim satisfaction. The most important advantage of

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15

Anenson, T. "Public Pensions and Fiduciary Law: A View From Equity." University of Michigan Journal of Law Reform, no. 50.2 (2017): 251. http://dx.doi.org/10.36646/mjlr.50.2.public.

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Controversies involving fund management may be the next frontier of public pension litigation. Recent scandals involving fraud, bribery, and corruption of public pension officials and other third parties have drawn the public eye toward the management of retirement assets. Individual and entity custodians, including pension boards of trustees, are charged with making investment and other decisions relating to pension funds. Unlike private pensions, there is no federal oversight of asset managers or others in control of retirement funds. Yet these funds hold more than three trillion dollars in

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16

KOHRMAN, ARTHUR F. "Pediatricians' Relation to For-Profit Corporations." Pediatrics 88, no. 6 (1991): 1280–81. http://dx.doi.org/10.1542/peds.88.6.1280.

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Of all the forms of deception, self-deception is both the most ubiquitous and the most resistant to detection and correction. When sanctioned and legitimated by professional groups, Dr Margolis1 argues, self-deception is all the more pernicious and dangerous. Most important, he asserts that the collective belief that physician behavior is not influenced by gift-giving pharmaceutical companies is an abandonment of the fiduciary responsibility of the physician and an ethical violation of the first order. Dr Margolis describes in excellent fashion how that abandonment violates fundamental ethical

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17

Selan, Dicky Kolodikson, Agustinus Hedewata, and Husni Kusuma Dinata. "Pelaksanaan Eksekusi Barang Jaminan Pada PT. Nusa Surya Ciptadana Cabang Soe Dalam Perspektif Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia." Artemis Law Journal 2, no. 1 (2024): 30–41. https://doi.org/10.35508/alj.v2i1.16207.

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Consumer financing is an agreement between a finance company and a consumer. The existence of financing institutions in legislation number 42 of 1999 in relation to the provision of guarantees if consumers or debtors neglect obligations or default creditors can carry out execution of fiduciary collateral objects. However, in practice, in making withdrawals and sales, there is still often legal uncertainty and balance between the debtor's rights and creditors' benefits from the results of the execution of fiduciary guarantees. The benefit of the research is as a reference for writers and inform

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18

Camarda, Jeffrey. "Relation between financial advisory designations and FINRA misconduct FSR201714." Financial Services Review 26, no. 3 (2023): 271–90. http://dx.doi.org/10.61190/fsr.v26i3.3323.

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Registered representatives have no general fiduciary duty. CFP, ChFC, and CFA designees have higher ethical duties and education requirements. Registrants’ criminal, regulatory, complaint, and other misconduct history is public. This study examines misconduct disclosures of undesignated versus designated Florida securities salespeople, and finds adverse disclosure materially decreases for designees; it incidentally finds misconduct increases with maleness, dual investment advisor/registered representative status, and life insurance sales licensure. This appears to be the first such study of ad

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19

Febriana, Anggita, Albertus Sentot Sudarwanto, and Andina Elok Puri Maharani. "Legal Problems The Implementation Of Credit Agreements With Fiduciary Guarantees." International Journal of Educational Research & Social Sciences 4, no. 1 (2023): 234–39. http://dx.doi.org/10.51601/ijersc.v4i1.582.

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This look at targets to analyze the legal problems with the implementation of Credit Agreements, especially in relation to the credit using fiduciary guarantees as collateral. Financing institutions use Credit Agreements that are included in the Standard Agreement. Because credit is a business activity of financial institutions, in this case it is a bank, in order to achieve a national balance in distributing funds to the public. In carrying out its function, banks as financial institutions provide credit, therefore the provisions of the Guarantee Law are intended to help business activities b

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20

Clarry, Daniel. "FIDUCIARY OWNERSHIP AND TRUSTS IN A COMPARATIVE PERSPECTIVE." International and Comparative Law Quarterly 63, no. 4 (2014): 901–33. http://dx.doi.org/10.1017/s0020589314000463.

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AbstractOwnership is an essential feature of trusts that serves as a useful analytical and comparative tool in order to cross legal traditions and compare different legal institutions, which to a greater or lesser extent serve similar socio-economic and legal functions. The concentration on ownership enables one to burrow down into the normative roots of different legal traditions. This article comprises three substantive parts: first, characterizing ownership and the manner in which this concept distinguishes the civil and common law traditions; second, contextualizing ownership in relation t

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Kroos, Peter, Mario Schabus, and Frank Verbeeten. "Voluntary Clawback Adoption and the Use of Financial Measures in CFO Bonus Plans." Accounting Review 93, no. 3 (2017): 213–35. http://dx.doi.org/10.2308/accr-51892.

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ABSTRACT Firms trade off CFOs' fiduciary duties against their decision-making duties when designing CFO bonus plans. Decreasing bonus incentives tied to financial measures benefits CFOs' fiduciary responsibilities at the expense of motivating their decision-making duties. As prior research indicates that clawbacks increase personal misreporting costs through the loss of previously awarded compensation, we examine whether clawbacks allow firms to increase incentives in CFO bonus contracts. Based on a sample of U.S. firms between 2007 and 2013, we find that clawbacks are associated with greater

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Panabergenova, Jamilya. "Fulfilling fiduciary duties in the ai era: emerging risks and responsibilities in ai-assisted corporate financial oversight." Общество и инновации 5, no. 2/S (2024): 222–30. http://dx.doi.org/10.47689/2181-1415-vol5-iss2/s-pp222-230.

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This article examines emerging legal issues and theories of liability for directors involved in the management of AI financial instruments that are protected as trade secrets. The main question of the article is whether excessive delegation of functions or lack of transparency of AI algorithms can undermine the performance of fiduciary duties by directors. By reviewing case law in the context of strict oversight of past technological failures, the article proposes a renewed approach to the use of blockchain tools that will maintain efficiency benefits while ensuring necessary reporting and acc

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Pryimak, Nataliia. "Identification of the type of enterprise corporate culture with regard to the perception of changes." Herald of Ternopil National Economic University, no. 2(92) (March 3, 2019): 113–22. http://dx.doi.org/10.35774/visnyk2019.02.113.

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The article claims that modern management views enterprise performance as an open socio-economic system, in which personnel play a central role. Employees’ attitude to various processes in management determines success of strategies and tactics. The personnel play a crucial role in implementing changes, because they demonstrate support, neutrality, or resistance. It is noted that the resistance to changes stems from the prevailing corporate culture of the enterprise and depends on its development. The purpose of the research paper is to provide evidence for the dependence of changes on types o

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Arif, Muhammad, Endang Larasati, and Sri Suwitri. "Performance of the Budget of the Regional Representative Council of Tanjungpinang City, Riau Island Province." International Journal of Science and Society 2, no. 4 (2020): 627–33. http://dx.doi.org/10.54783/ijsoc.v2i4.248.

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The shift of paradigm in the government system that prioritizes the application of the principles of good governance has also been implemented in Indonesia through Government Regulation No. 68/2010. One of the tasks of the legislature in order to increase the value of government effectiveness is the function of checks and balances. If this function is carried out properly by the legislature, then at least it can increase the effectiveness of the Indonesian government. In relation to budgeting, the budgeting process starts from the discussion of the General APBD Policy (KUA), discussion of the

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Mullins, Phil. "The Context of Michael Polanyi’s “What to Believe”." Tradition and Discovery: The Polanyi Society Periodical 46, no. 2 (2020): 4–20. http://dx.doi.org/10.5840/traddisc202046212.

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This essay contextualizes Polanyi’s 1947 talk, “What to Believe.” After reviewing connections that probably led to Polanyi’s invitation to make this presentation at the Student Christian Movement conference in Manchester, I comment on Polanyi’s effort to compare the connection between understanding, believing and belonging in science, Christianity and “civic morality.” The main ideas in this talk should be viewed in relation to other writing from the mid-forties to the early fifties when Polanyi begins to develop his “fiduciary” philosophy as an alternative to what he views as the excessively

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Wang, Wu Gong, Rong Guo Ma, Kun Feng, and Guo Hua Liang. "The Theoretical Analysis of Performance Evaluation Connotation of Rural Highway Projects." Applied Mechanics and Materials 204-208 (October 2012): 1848–56. http://dx.doi.org/10.4028/www.scientific.net/amm.204-208.1848.

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On the basis of defining the concept of rural highway project performance, the necessity of the project performance evaluation of rural highway is analyzed. According to the theories of government's public function, fiduciary responsibilities accountability and public finance, the relation between rural highway and public finance are made researches on. Furthermore,with the application of the demand level theory of Maslow, the interrelationship among objects of the rural highway project performance evaluation is made an analysis of, and on top of that, combined with SWOT analysis method, the d

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Chung, Kee H., and Hao Zhang. "Corporate Governance and Institutional Ownership." Journal of Financial and Quantitative Analysis 46, no. 1 (2010): 247–73. http://dx.doi.org/10.1017/s0022109010000682.

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AbstractIn this study we examine the relation between corporate governance and institutional ownership. Our empirical results show that the fraction of a company’s shares that are held by institutional investors increases with the quality of its governance structure. In a similar vein, we show that the proportion of institutions that hold a firm’s shares increases with its governance quality. Our results are robust to different estimation methods and alternative model specifications. These results are consistent with the conjecture that institutional investors gravitate to stocks of companies

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Park, Kiju. "A study on the legal and economic analysis of technology trust." LAW RESEARCH INSTITUTE CHUNGBUK NATIONAL UNIVERSITY 14, no. 2 (2023): 75–104. http://dx.doi.org/10.34267/cbstl.2023.14.2.75.

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Trust is a system derived from Common law, but it is widely used in Civil law countries, and technology trust can be said to be of great significance as a system that can maximize the economic utility of the trust system. In this study, based on the legal structure of technology trust, an economic analysis of the internal relationship of technology trust and technology trust management institutions was attempted to discuss how technology trust achieves efficiency. The summary of the contents is as follows. First of all, it was discussed that technology trust imposes fiduciary duty on the trust

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Ibrahim, Mohd Tarmizi, Wan Shafizah Hussain, Enylina Nordin, and Mohd Hisham Johari. "Assessment of Social Responsibilities Reporting among Public Listed Companies in Consumer Product and Services Industries towards Society." International Journal of Research and Innovation in Social Science VIII, no. X (2024): 1575–81. http://dx.doi.org/10.47772/ijriss.2024.8100137.

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This paper focuses on the CSR disclosure among listed consumer products and services industry in Malaysia towards society. Increasing awareness of society in evaluating companies’ actions in maximizing profit has made companies have more social responsibilities. CSR initiatives have been used by companies discharging their fiduciary duties towards society over the years to gain support and positive perception as well as gain reputation. This study chooses a total of 20 companies’ annual reports over three years from 2021 until 2023 to analyze the frequency of CSR disclosures and initiatives in

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Etherton, Terence. "CONSTRUCTIVE TRUSTS: A NEW MODEL FOR EQUITY AND UNJUST ENRICHMENT." Cambridge Law Journal 67, no. 2 (2008): 265–87. http://dx.doi.org/10.1017/s0008197308000342.

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A comprehensive review, or what has been variously described as the classification or mapping or taxonomy, of constructive trusts would require analysis of areas of law as diverse as vendor and purchaser transactions, the perfection of imperfect gifts, fully secret and half secret trusts, breach of fiduciary duty, and accessory liability for breach of trust, among several others. The search for an acceptable, universally acknowledged, principle for the establishment of a constructive trust, which gives coherence to past decisions and provides a clear guide for the future, will certainly prove

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Hawley, James P., and Andrew T. Williams. "Shifting Ground: Emerging Global Corporate-Governance Standards and the Rise of Fiduciary Capitalism." Environment and Planning A: Economy and Space 37, no. 11 (2005): 1995–2013. http://dx.doi.org/10.1068/a3791.

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In this paper we examine the long-term interests that large institutional owners (for example, the California Public Employees' Retirement System, Hermes, and the Universities Superannuation Scheme) have in the development of global corporate governance standards, especially as governance standards increasingly become intertwined with other standards and regime parameters involved in the globalization debates. We argue that institutional owners have a unique perspective and voice with which to contribute to the formulation of global standards in a variety of areas on the basis of their long-te

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Odiah, Chuk. "Impact of the Adversary System on Forensic Social Work Practices: Threat to Therapeutic Alliance and Fiduciary Relation." Journal of Forensic Psychology Practice 4, no. 4 (2004): 3–33. http://dx.doi.org/10.1300/j158v04n04_02.

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33

Shults, F. Leron. "“Holding On” to the Theology-Psychology Relationship: The Underlying Fiduciary Structures of Interdisciplinary Method." Journal of Psychology and Theology 25, no. 3 (1997): 329–40. http://dx.doi.org/10.1177/009164719702500302.

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This article explores the personal dimension of interdisciplinary method. How do we as individuals hold on to the content of our disciplines and the relation between them? Many recent attempts at relating psychology and theology have missed the “hidden curriculum” of the interdisciplinary “assignment.” The ability to hold on to the psychology-theology relationship (in a way that does not capitulate to a deconstructivist relativism or regress to a foundationalist absolutism) depends on a sufficiently complex structure of consciousness within the individual that is capable of upholding inherentl

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Irsalina Putri Lukito and Ratna Hartanto. "A Comparative Study of Regulations on the Use of Trademarks as Objects of Fiduciary Security Between Indonesia and Denmark." Journal of Private and Commercial Law 1, no. 1 (2024): 44–65. http://dx.doi.org/10.20885/jpcol.vol1.iss1.art3.

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In practice, trademark as part of Intellectual Property Rights in the form of intangible assets is often faced with problems when the applied as a fiduciary object due to the absence of an IPR asset assessment institution as the benchmark for the said trademark to be used as an object object of guarantee. This research aims to identify the similarities and differences in trdemark regulations between Indonesia and Denmark in relation to objects of Fiduciary Guarantee and to examine the factors that lead to the said similarities and differences in trademark regulations in Indonesia and Denmark.

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Ewing, Sarah W. Feldstein, and Richard Saitz. "Peer review of human studies run amok: a break in the fiduciary relation between scientists and the public." Evidence Based Medicine 20, no. 1 (2014): 1–2. http://dx.doi.org/10.1136/ebmed-2014-110076.

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36

Andrie Djatmiko, Andreas. "PENCEGAHAN FRAUD DI LINGKUP PERBANKAN SESUAI PRINSIP KEPERCAYAAN (FIDUCIARY RELATION PRINCIPLE) UNDANG-UNDANG PERBANKANNOMOR 10 TAHUN 1998 PASAL 29 AYAT (4)." Jurnal Pancasila dan Kewarganegaraan 2, no. 1 (2017): 44–58. http://dx.doi.org/10.24269/v2.n1.2017.44-58.

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37

Demetriades, George. "The creation of express, resulting and constructive trust in banking transactions." Journal of Financial Crime 25, no. 2 (2018): 277–86. http://dx.doi.org/10.1108/jfc-08-2017-0073.

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Purpose This paper aims to analyse the circumstances where an express, resulting or constructive trust may arise in banking transactions, taking in consideration relevant case law. Bankers in certain situations could become a trustee or a fiduciary in relation to their customers. Emphasis is given on the issue of constructive trust as, after many years of inconsistent case law, a recent decision of the Supreme Court clarifies this controversial issue. Design/methodology/approach The paper is focused primarily on examining relevant cases and judicial reasoning to identify the circumstances lead

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Erikson Sihotang. "IMPLEMENTATION OF GOOD CORPORATE GOVERNANCE AND PRUDENTIAL PRINCIPLES (PRUDENTIAL BANKING REGULATIONS) IN BANKING." Journal Equity of Law and Governance 1, no. 1 (2021): 10–16. http://dx.doi.org/10.55637/elg.1.1.3239.10-16.

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Banks are required to improve bank health in accordance with the provisions of the aspects of capital adequacy, asset quality, management quality, liquidity, profitability, solvency, and other aspects related to bank business, and are required to conduct business activities in accordance with the principles of prudence. The principle of trust is the main, basic, and most important principle of banking activities. Banks are institutions based on trust by taking advantage of fiduciary obligations from customers to banks in the form of trust in customer data and money from customers. The bank has

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Tkachenko, A. A. "International Migration and Migration Policy Reforms." World of new economy 18, no. 1 (2024): 80–92. http://dx.doi.org/10.26794/2220-6469-2024-18-1-80-92.

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The article examines the problems of regulating illegal migration by developed countries and the European Union, the achievements that cause not always correct criticism, and the possibilities of using the experience of a number of countries and new approaches in this regulation are shown. Particular attention is paid to international organizations dealing with the problems of international migration. It was concluded that there is no clear division of their functions by type of migration, which prevents the formation of long-term policies. Proposals were formulated to strengthen the role of t

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Tokhadze, Ana. "Transforming Georgia’s regulations on Shareholders’ right to interim dividend Confronting the European Company Law." TalTech Journal of European Studies 10, no. 2 (2020): 57–74. http://dx.doi.org/10.1515/bjes-2020-0015.

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Abstract The article provides a critical legal analysis of Georgia’s regulations on the interim dividend payment and highlights the necessity of proper amendments to comply with European company law. Since having an EU-Georgia Association Agreement signed, the dynamic process of Europeanization has put various legislative changes on the agenda, which also regard shareholders’ proprietary rights. This article briefly gives a novel insight into the distribution of interim dividends from a comparative point of view. It suggests the possibly scrutinized coverage of the legal preconditions along wi

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Viviers, S., and N. S. Eccles. "35 years of socially responsible investing (SRI) research: General trends over time." South African Journal of Business Management 43, no. 4 (2012): 1–16. http://dx.doi.org/10.4102/sajbm.v43i4.478.

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This article describes 35 years of academic research into investment practices that in some way integrate a consideration of environmental, social and corporate governance issues. A review of 190 academic papers was undertaken to identify trends in five domains, namely ‘Primary Name’, ‘Research Themes’, ‘Ethical Foundations’, ‘Research Approach’ and ‘SRI Strategies’. The evidence reveals that more than half the researchers refer to such investment practices as Socially Responsible Investing (SRI) and for this reason the name is used in this review as a generic term for the genre. A myriad of o

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Laamari, Imane Ahmed, Ahmed Bouras, and Said Khalfa Brika. "The role of financial editing to ensure accuracy and compliance in corporate financial reporting: A case-based study on service-based organisation." Edelweiss Applied Science and Technology 9, no. 4 (2025): 199–214. https://doi.org/10.55214/25768484.v9i4.5955.

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Financial reporting lies at the core of organizational transparency and accountability, particularly among service-based organizations faced with complex financial operations. This paper highlights the extent to which financial editing contributes to accuracy and compliance in systematically reviewing Corporate Financial Reporting. A qualitative case study method was employed in conducting this research, and findings were identified in relation to selected companies operating within the healthcare, technology, and educational sectors in Saudi Arabia. The main findings from this study have show

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Arena, Matteo P., and Nga Q. Nguyen. "Compensation clawback policies and corporate lawsuits." Journal of Financial Regulation and Compliance 27, no. 1 (2019): 70–85. http://dx.doi.org/10.1108/jfrc-10-2017-0081.

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Purpose The purpose of this paper is to study the relation between compensation clawbacks and lawsuits and analyze how these two corporate disciplinary forces interact. This paper hypothesizes that by allowing firms to recoup compensation from managers who breach their fiduciary duty, clawbacks provide a form of discipline that potentially reduces the likelihood of managerial wrongdoing, which, in turn, lowers the risk of corporate lawsuits. Design/methodology/approach This paper identifies whether or not a company in the S&P 1500 had a clawback policy between 2007 and 2014 by searching th

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Aliyeva-Baranovska, Vira, and Olha Sirenko. "Comparative characteristics of trade secret in the legislation of foreign countries and in international law." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 4, no. 4 (2020): 135–49. http://dx.doi.org/10.31733/2078-3566-2020-4-135-149.

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The purpose of the article is to investigate the place of trade secrets in regulations, international treaties, foreign legislation, and key means of protecting trade secrets in accordance with these regulations. A comparative analysis of current norms and provisions of the system of legislation of foreign countries in terms of protection of trade secrets. An analysis is performed of international treaties and the legal framework of foreign countries, namely, the Paris Convention for the Protection of Industrial Property, the Stockholm Convention establishing the World Intellectual Property Or

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Raligilia, Konanani Happy, and Unathi Nxokweni. "Legal Pitfalls of Incompatibility in the Workplace: An Examination of the Landmark Ruling on Racism in Rustenburg Platinum Mine v SAEWA obo Meyer Bester 2018 (5) SA 78 (CC)." Obiter 41, no. 2 (2020): 429–35. http://dx.doi.org/10.17159/obiter.v41i2.9162.

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In South African labour law, as is the position in other international jurisdictions, the contract of employment is founded on an employment relationship between employer and employee. This case note discusses the nature and scope of the implied term of trust and confidence in the relationship in relation to managerial employees, with particular emphasis on breach of fiduciary obligations as well as incompatibility (MacGregor “Racial Harassment in the Workplace: Context as Indicata SA Transport and Allied Workers Union obo Dlamini & Transnet Freight Rail” 2009 Industrial Law Journal 650).

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Putri, Intan Sepriatiningrum, and Dessy Sunarsih. "TINJAUAN YURIDIS PENERAPAN PRINSIP KEHATI-HATIAN DALAM PEMBIAYAAN MURABAHAH DI BNI SYARIAH CABANG KEDIRI." SUPREMASI Jurnal Hukum 2, no. 1 (2019): 46–54. http://dx.doi.org/10.36441/supremasi.v2i1.110.

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Bank hanya bersedia memberikan fasilitas pembiayaan kepada nasabah atas dasar kepercayaan (fiduciary relation) bahwa nasabah mampu dan mau membayar kembali fasilitas pembiayaan tersebut. Rumusan masalah penelitian adalah (1) Bagaimanakah prinsip kehati-hatian yang telah diterapkan oleh Bank BNI Syariah cabang Kediri pada proses pemberian fasilitas pembiayaan Murabahah Nomor: 2008.057 (2) Bagaimana akibat hukum bagi Bank BNI Syariah terhadap pelanggaran ketentuan penerapan Prinsip Kehati-hatian BNI Syariah cabang Kediri. Metode penelitian yang digunakan dalam penelitian ini adalah metode peneli

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Barnes, Associate Professor Lisa. "Corporate Governance and Company Directors: Are They Alice in Wonderland?" Frontiers in Education Technology 3, no. 1 (2019): p1. http://dx.doi.org/10.22158/fet.v3n1p1.

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Corporate governance is not a new concept. In fact the last 15 years has seen a surge in academic publications and case law in relation to the lack of corporate governance. Research Gap is that Company Directors are attending a “mad hatters’ tea party” when it comes to the implementation of governance codes, with the recent spate of court cases involving breaches of directors fiduciary duties. Methodology used was review of case law using archival data. This research looks at the type of case law issues of corporate governance in Australia and in particular accountability, and relates the case

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Freeman, Anne. "Access to information in joint ventures: the dangers of being kept in the dark." APPEA Journal 56, no. 2 (2016): 560. http://dx.doi.org/10.1071/aj15066.

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Operators of joint ventures have, by reason of their position, first-hand access to all information relating to the joint venture, including financial results, technical data, and documents relating to relationships with third parties and contractors. Non-operators regularly strike difficulty in obtaining all the information they need in relation to the affairs of joint ventures, especially if a dispute is emerging between participants in it. This extended abstract explores various mechanisms for non-operators to obtain joint venture records, including express provisions in the joint venture a

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Zauli, Guilherme Andrade. "The Controversial Issue of Liability for Condominium Expenses in Relation to Properties Encumbered with Fiduciary Guarantees and Its Effects on the Brazilian Real Estate Credit Market." Beijing Law Review 14, no. 04 (2023): 1652–59. http://dx.doi.org/10.4236/blr.2023.144090.

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Urazova, Hanna. "The Doctrine of Fiduciary Obligations in Corporate Law Through the Prism of Fiduciary Legal Relations and the Principles of Justice, Conscience, Reasonableness and Loyalty." Problems of legality, no. 158 (September 30, 2022): 47–62. http://dx.doi.org/10.21564/2414-990x.158.262242.

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Topicality. The relevance of the study is due to the lack of a single approach to understanding fiduciary legal relations in civil studies, which prevents the disclosure of the essence of the doctrine of fiduciary duties; insufficient analysis of the concept of "fiduciary duties", which makes it impossible to determine the content of duties arising from the subject of fiduciary legal relations; the lack of clarification of the essence of the doctrine of fiduciary duties, which prevents its full application to the regulation of civil legal relations, the prosecution of persons who have fiduciar

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