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Journal articles on the topic 'Mutua fiducia'
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Budianto, Agus, and Umar Ma�ruf. "Law Enforcement Against Transfer of Objects Fiduciary in Kudus Police." Jurnal Daulat Hukum 2, no. 1 (March 15, 2019): 103. http://dx.doi.org/10.30659/jdh.v2i1.4214.
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The purpose is achieved in this research are: to know the mechanism of the occurrence of a credit agreement in the German Fiducia between Guarantees the lender with the leasing in the state law enforcement to know Grail in the event of a transfer of the object of the fiduciary guarantee in the region Police Resort of Kudus. To know the constraints in the legal enforcement of the related existence of a Fiduciary guarantee redirects object at Police Resort, and the solution for consumers.This research is the legal research approach or using Empirical Juridical also called as the Juridical Sociological. This research is descriptive analytical research as specified.Research results in the agreement between the creditors and the debtor financing mutual committing yourself, before making the deal, leasing the breathtaking debtor must meet the obligation to pay installments on a timely basis in accordance with the quantity and the date of the has been agreed, then release the rights and obligations not to a make problem. In terms of collateral object is the object of fiduciary transferred to third parties apply the principle creditors can still execute the collateral objects. The transfer of objects into objects fiduciary third parties does not preclude the right of creditors to keep executing the fiduciary guarantee object.The conclusions in this study is on the implementation of the Business Funding and need the assistance of the police dai it will be very easy and possible to overcome the rogue debtor.Keyword: Law Enforcement; The Transfer Object Fiduciary Guarantee; Fiduciary; Police Resort of Kudus
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Haslem, John A. "Investing in “Fiduciary” Mutual Funds." Journal of Investing 14, no. 4 (November 30, 2005): 63–68. http://dx.doi.org/10.3905/joi.2005.605300.
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Karlović, Tomislav. "Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition." Zbornik radova Pravnog fakulteta u Splitu 55, no. 3 (October 3, 2018): 579–605. http://dx.doi.org/10.31141/zrpfs.2018.55.129.579.
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Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.
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Amilatul, Siti Nur, Suciati Suciati, and Ririen Indria Dian Ambarsari. "Implementasi Pelaksanaan Eksekusi Jaminan Fidusia Berdasarkan Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019 Tentang Jaminan Fidusia (Studi Pada Koperasi Wahidiyah Ta’Awun Kepanjen Malang)." Jurnal Panorama Hukum 6, no. 1 (September 15, 2021): 61–67. http://dx.doi.org/10.21067/jph.v6i1.5964.
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This study want to identify and analyze directly the implementation of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 regarding the Fiduciary Guarantee Execution and to find out how the default settlement procedure in credit agreements in cooperatives with Fiduciary Guarantee and the obstacles faced in the process of executing fiduciary guarantees. This research is the result of field research field research, the formulation of the problem examined is how the fiduciary guarantee execution mechanism in the Constitutional Court decision No.18 / PUU-XVII / 2019 and how the implementation of fiduciary guarantee execution after the MK decision No.18 / PUU-XVII / 2019 at the Wahidiyah Ta'awun Union Kepanjen. Before the issuance of the Decision of the Constitutional Court Number 18 / PUU-XVII / 2019, the execution of guarantees for debtors who have defaulted is regulated under Articles 29 to Article 34 of Law Number 42 of 1999 concerning the Execution of Fiduciary Collateral. After the Constitutional Court Decision, the execution of fiduciary guarantees is carried out by negotiation and mutual agreement of the default, if there is no agreement between the Debtor and the Cooperative Management, then the applicable legal procedure must be carried out, namely a civil lawsuit in court.
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Marta, Elena. "La validitŕ della ricerca-intervento in psicologia di comunitŕ." RICERCHE DI PSICOLOGIA, no. 3 (February 2011): 139–48. http://dx.doi.org/10.3280/rip2009-003008.
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L'articolo affronta il tema della validitŕ della ricerca-intervento nella psicologia di comunitŕ. Tre sono i tipi di validitŕ in questo ambito: la validitŕ ecologica, la validitŕ relazionale e la validitŕ trasformazionale. Sebbene tutti e tre i tipi siano importanti, a parere di chi scrive, la validitŕ relazionale e quella trasformazionale sono le piů adeguate per la ricerca-azione in ambito comunitario. La validitŕ relazionale poggia sui processi di fiducia e mutuo rispetto tra ricercatori e partecipanti nonché sulla costruzione di un contesto relazionale che renda possibile l'accesso fisico ed interpersonale alla comunitŕ. La validitŕ trasformazionale fa riferimento ai processi di cambiamento promossi nella comunitŕ grazie alla realizzazione della ricerca-intervento ed alla sostenibilitŕ per la comunitŕ dei cambiamenti avviati.
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McCallum, James B. "Mutual fund market timing: A tale of systemic abuse and executive malfeasance." Journal of Financial Regulation and Compliance 12, no. 2 (June 1, 2004): 170–77. http://dx.doi.org/10.1108/13581980410810704.
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The mutual fund market timing scandal and continuing investigative probes read like a Greek tragedy. It is beyond comprehension how senior investment management executives would become willing accomplices in fleecing their clients’ assets, impairing their portfolio managers’ investment returns and destroying the reputations of some of the industry’s greatest fiduciary brands. This paper looks at the systemic roots of the scandal and how Canary Capital Partners enlisted the help of Bank of America Securities Executives to market time the bank’s inhouse mutual funds in violation of SEC forward pricing regulations.
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Fan, Xiaoyao, David W. Roberts, Songbai Ji, Alex Hartov, and Keith D. Paulsen. "Intraoperative fiducial-less patient registration using volumetric 3D ultrasound: a prospective series of 32 neurosurgical cases." Journal of Neurosurgery 123, no. 3 (September 2015): 721–31. http://dx.doi.org/10.3171/2014.12.jns141321.
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OBJECT Fiducial-based registration (FBR) is used widely for patient registration in image-guided neurosurgery. The authors of this study have developed an automatic fiducial-less registration (FLR) technique to find the patient-to-image transformation by directly registering 3D ultrasound (3DUS) with MR images without incorporating prior information. The purpose of the study was to evaluate the performance of the FLR technique when used prospectively in the operating room and to compare it with conventional FBR. METHODS In 32 surgical patients who underwent conventional FBR, preoperative T1-weighted MR images (pMR) with attached fiducial markers were acquired prior to surgery. After craniotomy but before dural opening, a set of 3DUS images of the brain volume was acquired. A 2-step registration process was executed immediately after image acquisition: 1) the cortical surfaces from pMR and 3DUS were segmented, and a multistart sum-of-squared-intensity-difference registration was executed to find an initial alignment between down-sampled binary pMR and 3DUS volumes; and 2) the alignment was further refined by a mutual information-based registration between full-resolution grayscale pMR and 3DUS images, and a patient-to-image transformation was subsequently extracted. RESULTS To assess the accuracy of the FLR technique, the following were quantified: 1) the fiducial distance error (FDE); and 2) the target registration error (TRE) at anterior commissure and posterior commissure locations; these were compared with conventional FBR. The results showed that although the average FDE (6.42 ± 2.05 mm) was higher than the fiducial registration error (FRE) from FBR (3.42 ± 1.37 mm), the overall TRE of FLR (2.51 ± 0.93 mm) was lower than that of FBR (5.48 ± 1.81 mm). The results agreed with the intent of the 2 registration techniques: FBR is designed to minimize the FRE, whereas FLR is designed to optimize feature alignment and hence minimize TRE. The overall computational cost of FLR was approximately 4–5 minutes and minimal user interaction was required. CONCLUSIONS Because the FLR method directly registers 3DUS with MR by matching internal image features, it proved to be more accurate than FBR in terms of TRE in the 32 patients evaluated in this study. The overall efficiency of FLR in terms of the time and personnel involved is also improved relative to FBR in the operating room, and the method does not require additional image scans immediately prior to surgery. The performance of FLR and these results suggest potential for broad clinical application.
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Freedland, M. "Recent case. Commentary. Mutual trust and confidence, fiduciary relationships and the duty of disclosure." Industrial Law Journal 28, no. 4 (December 1, 1999): 348–60. http://dx.doi.org/10.1093/ilj/28.4.348.
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Shin, Jae Yong, and Jeongil Seo. "Less Pay and More Sensitivity? Institutional Investor Heterogeneity and CEO Pay." Journal of Management 37, no. 6 (June 11, 2010): 1719–46. http://dx.doi.org/10.1177/0149206310372412.
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In this article, the authors develop and test a theory on the effect of institutional investor heterogeneity on CEO pay. Their theory predicts that institutional investors’ incentives and capabilities to monitor CEO pay are determined by the fiduciary responsibilities, conflicts of interest, and information asymmetry that institutional investors face. Their theory suggests, in contrast to previous literature, that public pension funds and mutual funds exert different effects on CEO pay at their portfolio firms because they do not have the same monitoring incentives and capabilities. Using a longitudinal sample of S&P 1500 firms for the years 1998 to 2002, the authors find that public pension fund ownership is more negatively—indeed, oppositely—associated with both the level of CEO pay and CEO pay-for-performance sensitivity than mutual fund ownership. Their findings suggest that (a) researchers’ use of institutional investor classifications that do not distinguish public pension fund ownership and mutual fund ownership can be misleading and (b) while CEO pay critics have called for pay plans that are in line with the “less pay and more sensitivity” principle, this may be an ineffective goal to pursue.
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Liu, Weiping, Jennifer Fung, Craig Abbey, John W. Sedat, and David A. Agard. "Automatic/interactive bead alignment in electron tomographic image processing." Proceedings, annual meeting, Electron Microscopy Society of America 52 (1994): 932–33. http://dx.doi.org/10.1017/s0424820100172395.
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In the electron tomographic (EM) reconstruction process the mutual alignment between projections of different view angles is a crucial step. The routinely used alignment method is based on fiducial markers': a single-axis tilt projection series is collected with gold particles distributed on the specimen, the positions of high density gold beads on the projections are found, and the relationship between the specimen and the digital projection coordinate systems is determined from least-square fitting these found bead positions. There are four alignment parameters for each projection: two in shifts, one in in-plane rotation, and one in magnification. In the threedimensional studies of subcellular biological structures, we routinely collect data sets of more than 100 projections in the tilt range of ±75 ° with our automated EM set-up. Normally around 10 bead positions are used on each projection to achieve the alignment. Bead alignment used to be a laborious task since approximately 1000 bead positions need to be hand-picked for each data set.
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Leung, Lawrence. "Incidental Findings in Neuroimaging: Ethical and Medicolegal Considerations." Neuroscience Journal 2013 (November 20, 2013): 1–7. http://dx.doi.org/10.1155/2013/439145.
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With the rapid advances in neurosciences in the last three decades, there has been an exponential increase in the use of neuroimaging both in basic sciences and clinical research involving human subjects. During routine neuroimaging, incidental findings that are not part of the protocol or scope of research agenda can occur and they often pose a challenge as to how they should be handled to abide by the medicolegal principles of research ethics. This paper reviews the issue from various ethical (do no harm, general duty to rescue, and mutual benefits and owing) and medicolegal perspectives (legal liability, fiduciary duties, Law of Tort, and Law of Contract) with a suggested protocol of approach.
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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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Liu, Weiping, David A. Agard, and John Sedat. "Alignment without using markers in electron tomographic reconstruction." Proceedings, annual meeting, Electron Microscopy Society of America 51 (August 1, 1993): 554–55. http://dx.doi.org/10.1017/s0424820100148605.
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In the electron tomographic reconstruction process the mutual alignment between projections of different view angles is a crucial step. Thus far the only alignment method routinely used is based on fiducial markers: gold particles are distributed on the specimen, and the relationship between the specimen and the digital projection coordinate systems is determined from least-square fitting the measured positions of colloidal gold beads on the projections. The inherent drawbacks with this method are that i) it is a tedious trial-and-error process to obtain the right amount of evenly distributed beads in the area of interest on the specimen and ii) the beads might obstruct the structural analysis since they are essentially opaque objects under the electron microscope (EM). The problems can become more acute if ice-embedded specimens are to be studied. The other two approaches to the alignment are the common line / moments method which requires that the object has clear boundaries in its projections and the cross-correlation method which assumes that the object has a flat structure.
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Murzabekova Zh.T.,, Nasbekova S.K.,, and Osmonalieva N.Zh.,. "PROPERTY RELATIONS IN KYRGYZ FAMILY: LEGAL ASPECTS." BULLETIN 6, no. 388 (December 15, 2020): 249–56. http://dx.doi.org/10.32014/2020.2518-1467.206.
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The article provides legal analysis of features of family property relations in the custom law of the Kyrgyz people and the legislation of the Kyrgyz Republic. Using analysis, synthesis, legal and historical law methods, the Matrimony and Family Code of the Kyrgyz SSR of 1969, the Family Code of the Kyrgyz Republic of 2003, the Code of Laws on Civil Status Acts, Matrimony, Family and Fiduciary Law of the RSFSR of 1918, The Code of Laws on Marriage, Family and Fiduciary of the RSFSR of 1926, The Ordinance of the President of the Kyrgyz Republic dated January 26, 2012 No. 17 “On declaring 2012 the Year of Family, Peace, Concordance and Mutual Forgiveness” and Family Support and Child Protection Program for 2018 - 2028 of Government of the Kyrgyz Republic were studied. The article analyzes relevant theoretical and practical issues related to common property of spouses, separate property of spouses, relations between parents and children for joint ownership and use of each other's property, alimony responsibility of family members and property relations of factual spouses. According to the author, legal norms regulating property relations in family are important when courts consider cases in sphere of protection of property rights of family members. In particular, the authors came to the conclusion in the Kyrgyz Republic the legal regulation of property relations in family is basis for resolving contentious issues in the family law.
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Nanda Sawitri, Ade. "ANALISIS INVESTASI DALAM ASURANSI SYARIAH DI INDONESIA TERHADAP PORTFOLIO OPTIMAL." Media Ekonomi 19, no. 2 (November 3, 2017): 30. http://dx.doi.org/10.25105/me.v19i2.828.
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<p>Sharia Insurance is an investment in the business conducted in which the company asa fiduciary (mudharib) must perform investment activities after obtaining approval from the supervisory board of Islamic syar’i to fund the premiums that have been collected from participants. Investment instruments used in the sharia insurance are mudharabah deposits, sharia bonds, mutual funds, murabahah financing and JII stock. This study aims to see the development of each investment in each company also to analyze the type of sharia insurance that can yield the most optimal portfolio by maximizing returns. By using the Linear Programming method to maximize returns and develop the corresponding constraints, the result will be obtained from the linear program that can generate an optimal portfolio. Furthermore, we will see the development of each type of investment and see the most optimal investment in the three sharia insurance companies in the years 2007-2009. The results of this study indicate that PT Family MTakaful Insurance has the type of investment that is optimal mudharabah deposits and sharia bonds. PT Prudential Insurance has the type of investment that is optimal mudharabah deposits and sharia bonds. PT Insurance Allianze have the optimal type of investment is mutual funds.<br />Keywords : Sharia insurance, investment instrument, linear programming</p>
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Tessarolo, Mariselda. "Bohm’s Dialogue and Reciprocal Trust." Rhetoric and Communications, no. 54 (January 30, 2023): 90–98. http://dx.doi.org/10.55206/urap6864.
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Abstract: The intention to communicate builds the architecture of intersubjectivity that involves the staging of the individualistic world of the subject. The mutual intentionality and awareness are present in the communication process in which the communicative intention of the broadcaster becomes mutual and shared knowledge. Trust is hardly declared; it is usually learned from the regularity of the communicative exchange actions that take place in the meetings. It can be distinguished between personal commitments and anonymous commitments. The former concern relationships of trust supported by or expressed in social ties established in circumstances of coexistence. The assumption of trust is also generalized for meetings with strangers in public places and also for virtual meetings on social networks. The predominant situation of modernity is the pluralist position: man as a social animal prefers to share agreement more than disagreement. Pluralism undermines false assurances in favour of uniform but also reasoned social consensus. We will focus on dialogue because trust is important in meeting people who have to decide and make agreements. Therefore, taking into account the generalization of the fiduciary relationship in dialogue, two ‘theories’ will be considered: that of Bohm (On dialogue) and that of Moscovici and Doise (on Consent and dissent). Dialogue, especially in business meetings, must be identified with the 'politics of dialogue'. Trust is assumed in every initial meeting in which a perception of "established trustworthiness" is implemented. We are in an era of democracy in which the need for choice and dialogue is strong: in Bohm's dialogue there are rules that serve to move forward by listening, discussing, deciding nothing, suspending judgment and for this very reason new ideas and hypotheses have always the chance to emerge. Keywords: mutual trust, conflicting individualism, constitutive trustworthiness, generalized assumption of trust.
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Lerda, Gian Sandro. "Legami capaci di futuro: dalle basi intersoggettive dello sviluppo della persona all’esperienza dello “stare” in relazione. Attaccamento, fiducia, desiderio e cura nei rapporti interpersonali." ETHICS IN PROGRESS 8, no. 1 (May 1, 2017): 174–96. http://dx.doi.org/10.14746/eip.2017.1.11.
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Many conceptual analyses of the structure and mode of operation of the contemporary society outline a worrying and discouraging framework. They describe the decadence of values and they depict a world populated with individuals who are narcissistically self-oriented, looking for the satisfaction of their own desires, unable to desire, build and keep stable, continual and deep relations and affects. Nevertheless, recent psychological research, supported by the evidence of neuroscientific research, has evidenced that the origins of the psychic development of the individual are connected to the domain of the relational experience. New-borns become persons in and thanks to the context of relations where they live and grown up. Thus, relations are an essential feature and a fundamental and peculiar experience for the human being. This is evident if we try to analyse aspects and dimensions, such as attachment, trust, desire and care. Attachment allows not only the survival but also the internalization of relational patterns which are necessary for life. The trust experience in the primal relations allows the vital energy to be addressed towards the world and to build ties thanks to the experience of faith in the other. Experimenting satisfaction and frustration, possibility and limits in the interpersonal relations fosters the development of desire and of the capability of wait, renounce, choice, care, as well as the necessity/opportunity of recognizing/knowing the other. Feeling himself or herself understood by a caring other prepares the ground for the experience of personal safety and thanks to some special pedagogical reinforcements, it opens to the possibility of taking care of someone else, in a structure of mutual exchanges and material, affective and spiritual support which is necessary for any human being. Significant socio-cultural changes occurred in the last decades have influenced those fundamental experiences and contributed to produce new relational styles and models which are characterised by precariousness and discontinuity. It is thus of primary importance to promote and sustain a reflection and education on these themes with the aim of fostering our needs and relations, whose expression is essential for the wellness and selfrealization of individuals and communities. And this is not only in order to achieve a harmonic development of growing-up subjects but even for adults who want to fully accomplish their life and the related needs of sharing, intimacy and generativity. These results have to be achieved by taking into consideration the peculiarity of modern life and by searching for creative solutions thanks to which, at least partially, we can try to combine the new claims with the essential experience of “being” in a relation.
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Knisely, Jonathan P., James E. Bond, Ning J. Yue, Colin Studholme, and Alain C. J. de Lotbinière. "Image registration and calculation of a biologically effective dose for multisession radiosurgical treatments." Journal of Neurosurgery 93, supplement_3 (December 2000): 208–18. http://dx.doi.org/10.3171/jns.2000.93.supplement_3.0208.
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✓ The purpose of this study was to develop techniques for registering image sets associated with staged or multifraction radiosurgical treatments of large targets with the Leksell gamma knife to transform shot coordinates between treatment sessions and produce cumulative dose distributions and to investigate the theoretical biological effects of such protracted treatments by means of such concepts as the linear—quadratic model and biologically effective dose. An image registration technique based on normalized mutual information was adapted to produce one fused-image study from an imaging series acquired during distinct treatment sessions. A spreadsheet computer program was developed to determine coordinate transformations between the associated stereotactic coordinate systems based on digitized coordinates of fiducial markers appearing on the fused images. Coordinates of shots used during one treatment session could then be transformed to the stereotactic space of another session, and cumulative dose distributions could be computed. The procedure was applied to the two-stage treatment of a giant arteriovenous malformation (AVM). Overall uncertainty in each transformed shot position is approximately 0.7 mm. An effective single-fraction dose (Deff) was defined and computed for the two-stage AVM treatment. The simple summed dose distribution was compared with the Deff distribution. Because dose values differ significantly in overlap regions between the individual distributions, the clinical usefulness of the simple cumulative distribution is dubious. It may be useful for a future update of the GammaPlan treatment planning software to generate effective single-session dose distributions for such cases.
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Putera, Andika Persada. "KEAGENAN BANK DALAM PERSPEKTIF COMMON LAW SYSTEM." Perspektif Hukum 16, no. 2 (May 18, 2017): 175. http://dx.doi.org/10.30649/phj.v16i2.63.
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<p><em>The rapid development of the national economy and banking external environment, causing banking activities not only engage in activities that are primary (core business), but also non-core business such as agency activities as Mutual Fund Sales Agent (APERD) and Bancassurance. </em><em>In the concept of the common law system, the agency as the center of all business affairs as a business owner can not do your own business, so delegating affairs to agents as a mediator. There is a legal relationships and trust (fiduciary relationship) between the principal and the agent acting on behalf principal. In addition, there is an element of supervision of the principal to the agent so that the agent must comply under the supervision of the principal. Supervision is an essential element that determines the existence of an agency relationship, so it is a vertical relationship between principal and agent. The principal control components in the form of action directives, orders, limitation of power agents and monitoring the agent's action.</em><strong></strong></p>
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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 (October 1, 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). This obligation of mutual trust and confidence cuts both ways (Western Platinum Refinery Ltd v Hlebela (2015) 36 ILJ 2280) and means that the employer must not behave arbitrarily or unreasonably, or so as to destroy the necessary basis of mutual confidence (Malik v BCCI [1998] AC 20 35 and Woods v WM Car Services (Peterborough) Ltd 1981 IRLR 347).Since the dawn of democracy in 1994 and influenced by constitutional changes in government, South African labour law has been drastically transformed. The new government, led by the African National Congress, had to come up with a legislative framework to deal with racism. Although the Labour Relations Act 66 of 1995 (LRA) does not explicitly deal with the question of racism at work, the importance of forging harmonious employment relationships is covered in the misconduct and incapacity in Schedule 8 of the LRA (Code of Good Practice: Dismissal). To this day, racism at the workplace remains a scourge and for this reason this case note examines the Rustenburg Platinum Mine v SAEWA obo Bester 2018 (5) SA 78 (CC)) case as its focal point. The effect of racism requires that a balance be struck between an employer’s interest in managing its business as it sees fit and the employee’s interest in not being unfairly and improperly exploited.
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Delibert, Arthur, Lori Schneider, Megan Clement, and Shane Shannon. "SEC’s division of investment management offers new guidance on “distribution in guise” payments." Journal of Investment Compliance 17, no. 2 (July 4, 2016): 27–34. http://dx.doi.org/10.1108/joic-05-2016-0023.
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Purpose To explain the January 6, 2016 written guidance (the “New Guidance”) issued by the Securities and Exchange Commission’s Division of Investment Management on payments made by mutual funds to intermediaries for distribution and non-distribution-related services. Design/methodology/approach Explains the SEC’s earlier guidance in the 1998 “Supermarket Letter,” the provisions of Rule 12b-1, the practice termed “distribution in guise,” the emphasis in the “New Guidance” on the role of a fund board’s business judgment, how Rule 12b-1 compliance fits into Rule 38a-1 compliance programs, specific fund activities and arrangements with intermediaries that are of concern to the SEC staff, and the focus of the New Guidance on an adviser’s fiduciary duty to mitigate or eliminate conflicts of interest. Findings The New Guidance articulates clear expectations that fund boards will have a process to evaluate the nature of intermediary payments and that fund advisers will provide boards with information in the advisers’ possession that the boards need to carry out that evaluation. Another intent of the New Guidance is apparently to give the SEC a clearer basis to bring enforcement actions concerning the use of fund assets to pay intermediaries for distribution-related activities. Originality/value Practical guidance from experienced investment management lawyers.
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Wendel, W. Bradley. "Should Lawyers Be Loyal To Clients, the Law, or Both?" American Journal of Jurisprudence 65, no. 1 (April 25, 2020): 19–39. http://dx.doi.org/10.1093/ajj/auaa004.
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Abstract: Loyalty is a central ideal in both legal ethics and fiduciary law, but recent theoretical approaches to legal ethics also emphasize the connection between the legal profession and the rule of law or democratic self-government. In order for lawyers to perform the role of securing relationships of mutual respect among citizens of a political community, the requirement of single-minded, partisan loyalty to clients may need to be relaxed. Fidelity to law may be in tension with fidelity to clients. This paper considers Daniel Markovits’s strong conception of loyalty and his argument that it follows from necessary conditions for democratic legitimacy. Markovits contends that partisan advocacy is necessary to transform the attitudes of citizens in a way that causes them to internalize the community’s scheme of legal rights and duties as the product of collective authorship by all affected citizens. In that sense, citizens can be said to internalize the requirements of the community’s law. The paper then defends a more modest internalist approach to legal legitimacy and authority, in which giving a legal justification for some action necessarily means committing oneself to a practical stance toward the law that assumes one’s membership in a political community and accepts the community’s laws as reasons for action.
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Moldovanu, Simona, Lenuta Pană Toporaș, Anjan Biswas, and Luminita Moraru. "Combining Sparse and Dense Features to Improve Multi-Modal Registration for Brain DTI Images." Entropy 22, no. 11 (November 14, 2020): 1299. http://dx.doi.org/10.3390/e22111299.
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A new solution to overcome the constraints of multimodality medical intra-subject image registration is proposed, using the mutual information (MI) of image histogram-oriented gradients as a new matching criterion. We present a rigid, multi-modal image registration algorithm based on linear transformation and oriented gradients for the alignment of T2-weighted (T2w) images (as a fixed reference) and diffusion tensor imaging (DTI) (b-values of 500 and 1250 s/mm2) as floating images of three patients to compensate for the motion during the acquisition process. Diffusion MRI is very sensitive to motion, especially when the intensity and duration of the gradient pulses (characterized by the b-value) increases. The proposed method relies on the whole brain surface and addresses the variability of anatomical features into an image stack. The sparse features refer to corners detected using the Harris corner detector operator, while dense features use all image pixels through the image histogram of oriented gradients (HOG) as a measure of the degree of statistical dependence between a pair of registered images. HOG as a dense feature is focused on the structure and extracts the oriented gradient image in the x and y directions. MI is used as an objective function for the optimization process. The entropy functions and joint entropy function are determined using the HOGs data. To determine the best image transformation, the fiducial registration error (FRE) measure is used. We compare the results against the MI-based intensities results computed using a statistical intensity relationship between corresponding pixels in source and target images. Our approach, which is devoted to the whole brain, shows improved registration accuracy, robustness, and computational cost compared with the registration algorithms, which use anatomical features or regions of interest areas with specific neuroanatomy. Despite the supplementary HOG computation task, the computation time is comparable for MI-based intensities and MI-based HOG methods.
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Dodds, William K., and Brian S. Vargo. "Second Circuit rules securities fraud claim of mutual fund shareholders relating to affiliated transfer agent arrangements may proceed, but upholds dismissal of breach of fiduciary duty claim." Journal of Investment Compliance 11, no. 4 (November 23, 2010): 56–58. http://dx.doi.org/10.1108/15285811011098992.
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Livingston, Miles B., and David A. Rakowski. "Mutual Fund Liquidity and Fiduciary Conflicts of Interest." SSRN Electronic Journal, 2012. http://dx.doi.org/10.2139/ssrn.2155921.
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Jackson, Howell Edmunds. "A System of Fiduciary Protections for Mutual Funds." SSRN Electronic Journal, 2020. http://dx.doi.org/10.2139/ssrn.3659500.
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Ornstein, Stanley I., and Michael F. Koehn. "Mutual Fund Investor Fees and Breach of Fiduciary Duty." SSRN Electronic Journal, 2010. http://dx.doi.org/10.2139/ssrn.1546552.
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Haslem, John A. "Investing in 'Fiduciary' Mutual Funds: How to Improve the Odds." SSRN Electronic Journal, 2005. http://dx.doi.org/10.2139/ssrn.2090084.
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"Conflicts of Interest in Mutual Fund Sales: What Do the Data Tell Us?" Journal of Retirement, February 1, 2019. http://dx.doi.org/10.3905/jor.2019.1.044.
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Conflicts of interest can arise when financial advisors and brokers have a financial incentive to recommend certain products to investors. Identifying the effects and quantifying the costs of conflicted advice is a challenge for researchers and regulators alike. In this article, the authors build on the methodology developed by Susan Christofferson, Richard Evans, and David Musto and employed by the US Department of Labor (DOL) in its regulatory impact analysis of the fiduciary rule, a package of rules finalized in 2016 that has since been vacated in a court challenge. The authors examine data from public filings and Morningstar to quantify how payments to brokers drive fund flows and affect investor returns and to determine the extent to which regulation has been effective in mitigating conflicts of interest. Earlier research found that funds that paid higher-than-expected loads to brokers reduced investors’ returns, but the authors’ research finds that after the passage of Dodd–Frank, this relationship weakened, and advisors and brokers are more rigorously screening the products they recommend to investors. Funds that pay higher-than-expected loads to brokers continued to see higher inflows, but this effect diminished around the time the DOL proposed the fiduciary rule, likely because firms took additional steps to facilitate recommendations of lower-cost funds (generally without loads) to retail retirement savers in anticipation and as a result of the rule. The authors interpret this evidence to suggest that the passage of Dodd–Frank and the proposal of the fiduciary rule prompted changes that mitigated the distortionary effects of conflicted advice. They conclude that targeted regulation of financial advice has benefited investors, even if it has not been fully implemented.
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"The Total Expense Ratio: The Reality of Distribution Fees—“Behind the Mutual Fund Curtain”." Journal of Wealth Management, October 1, 2018. http://dx.doi.org/10.3905/jwm.2018.21.3.037.
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This study uses the portion of a new Total Expense Ratio construct that discloses the reality of adviser/distributor payments of hidden distribution fees to sales brokers “behind the mutual fund curtain.” Distribution fees consist of dealer (broker) concessions, account servicing (12b-1 fees), types of revenue sharing payments, and soft-dollar trades. Distribution fees are one of four categories in the Total Expense Ratio, the others being (1) management fees, (2) “other” expenses, and (3) transaction costs. Adoption of the complete Total Expense Ratio with normative transparency of disclosure followed by prohibition of 12b-1 fees, revenue sharing payments, and soft-dollar trading requires strong action by fund independent directors, the fund industry, and most importantly, by Congress and the SEC. Only a few fund advisers are likely to join in this effort to change their very profitable status quo. However, as the article maintains, fund shareholders deserve to receive their “fiduciary protections” under the law and the TER may be useful in this regard.
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Dixon, Olivia. "Testing the Bounds of Fiduciary Obligations: An Empirical Study of U.S. Mutual Fund Proxy Voting Behavior." SSRN Electronic Journal, 2012. http://dx.doi.org/10.2139/ssrn.2110484.
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Langevoort, Donald C. "Private Litigation to Enforce Fiduciary Duties in Mutual Funds: Derivative Suits, Disinterested Directors and the Ideology of Investor Sovereignty." SSRN Electronic Journal, 2006. http://dx.doi.org/10.2139/ssrn.885970.
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Sklansky, Jeffrey. "The Work of Retirement." International Review of Social History, February 20, 2023, 1–23. http://dx.doi.org/10.1017/s0020859023000196.
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Abstract In the past few decades, caregivers, such as nursing assistants and home health aides, have come to compose the fastest-growing segment of the paid workforce in the United States. At the same time, corporate caretakers of workers’ savings, such as pension funds and mutual funds, have become the nation's largest investors, bound by fiduciary duties of trust. And unprecedented numbers of elder employees and retirees have become the biggest supposed beneficiaries of both care labor and trust capital, depending on health workers and asset managers in their daily lives. At the center of this emerging structure of work, wealth, and welfare lies the pension system, a telling crucible of class relations in our time. Several recent books across different disciplines examine the shifting politics of pensions in the United States and around the world. The spate of new studies presents an opportunity to explore the remarkable role of retirement funds in reorganizing labor and finance over the past fifty years. Rather than offering a historiographical critique of current work, this expository essay surveys the main findings of a larger and longer body of scholarship on organized labor and investment related to pensions. Though focused on the United States, it places the American story in a comparative context. The survey points to a fertile field for further study: as retirees have increasingly relied on professional asset managers and caregivers, the finance and health sectors have undergone converging crises over fiduciary duty and elder care, posing parallel challenges for organized labor.
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Andika Persada Putera. "Keagenan Bank dalam Perspektif Common Law System." Perspektif Hukum, November 14, 2016, 175–87. http://dx.doi.org/10.30649/ph.v16i2.50.
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The rapid development of the national economy and banking external environment, causing banking activities not only engage in activities that are primary (core business), but also non-core business such as agency activities as Mutual Fund Sales Agent (APERD) and Bancassurance. In the concept of the common law system, the agency as the center of all business affairs as a business owner can not do your own business, so delegating affairs to agents as a mediator. There is a legal relationships and trust (fiduciary relationship) between the principal and the agent acting on behalf principal. In addition, there is an element of supervision of the principal to the agent so that the agent must comply under the supervision of the principal. Supervision is an essential element that determines the existence of an agency relationship, so it is a vertical relationship between principal and agent. The principal control components in the form of action directives, orders, limitation of power agents and monitoring the agent's action
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Belardinelli, Sergio. "Il bene famiglia e le sue funzioni sociali. The Good-Family and its Social Functions." Metafísica y persona, no. 6 (May 30, 2017). http://dx.doi.org/10.24310/metyper.2011.v0i6.2785.
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In una società dove, da più parti, la famiglia è sotto attacco, occorre creare una cultura della famiglia che sia anche per la famiglia. La tendenza a identificare con la famiglia qualsiasi aggregazione di individui, a prescindere dal sesso o dal vincolo che li tiene uniti, produce uno scossone semantico destinato a danneggiare non soltanto la famiglia ma l’intera società. Nonostante i cambiamenti che abbiamo registrato in questi ultimi anni, la famiglia tradizionale continua a essere l’istituzione sociale che più di altre incide sulla formazione delle persone e che più di altre è capace di generare quei capitali individuali e sociali —la fiducia reciproca, il senso del bene comune, la speranza nel futuro, il senso di appartenenza a una catena generazionale, quindi a una tradizione, lo sviluppo di una vera democrazia—, senza i quali è assai difficile immaginare una società degna del nome.In a society where the family suffers attacks from many different sides, a culture of the family is needed that will be also for the family. The tendency of identifying as a family any aggregate of individuals regardless of their sex or of the link that joins them, gives rise to a semantic chaos, which not only hurts the family but society also. In spite of the changes of the last few years, traditional family is still the social institution with more influence on the formation of persons, and the most able to generate individual and social capitals –mutual trust, a shared understanding of common good, hope for the future, the sense of belonging to a generational line or tradition, the development of a true democracy– the lack of which makes it very hard to conceive (the idea of) a society worthy of that name.
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Kokuryo, Jiro. "An Asian perspective on the governance of cyber civilization." Electronic Markets, February 4, 2022. http://dx.doi.org/10.1007/s12525-022-00523-5.
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AbstractThis paper proposes potential benefits of adopting Asian philosophies in considering the design of “cyber civilization” governance. The West is currently struggling to balance the use of data for commercial purposes with the social good stemming from the protection of personal privacy and dignity. It is also grappling with the idea of machines having autonomous capabilities that human minds alone were supposed to monopolize. East Asia, with its tradition of Confucianism, Buddhism, and animism, has long emphasized the virtue of mutual benevolence as well as conviviality with nature, both of which may be contrasted with the Western emphasis on the autonomy of individuals and the supremacy of humans over nature. We need to revisit such foundational schools of thought in view of such factors as network externalities of data, extremely low marginal cost of digital services, and high level of traceability, all of which are altering the historical prerequisites of the modern market economy. In the face of the emergence of a new civilization, we need to find a guiding philosophy which allows us to develop policies that adequately benefit all people. There are notions such as integrity (fiduciary responsibility) that East and West share and that may be adopted to build broadly acceptable governance principles.
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Hickman, Rodgrick. "How Much Is Enough for a Fiduciary? How Much Does a Mutual Fund Company Have to Disclose in Its Mutual Fund Disclosures Under the Department of Laborrs New Best Interest Contract Exemption for Funds Governed by ERISA." SSRN Electronic Journal, 2017. http://dx.doi.org/10.2139/ssrn.2940233.
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Gutschmayer, Sebastian, Otto Muzik, Zacharias Chalampalakis, Daria Ferrara, Josef Yu, Killian Kluge, Ivo Rausch, et al. "A scale space theory based motion correction approach for dynamic PET brain imaging studies." Frontiers in Physics 10 (October 28, 2022). http://dx.doi.org/10.3389/fphy.2022.1034783.
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Aim/Introduction: Patient head motion poses a significant challenge when performing dynamic PET brain studies. In response, we developed a fast, robust, easily implementable and tracer-independent brain motion correction technique that facilitates accurate alignment of dynamic PET images.Materials and methods: Correction of head motion was performed using motion vectors derived by the application of Gaussian scale-space theory. A multiscale pyramid consisting of three different resolution levels (1/4x: coarse, 1/2x: medium, and 1x: fine) was applied to all image frames (37 frames, framing of 12 × 10s, 15 × 30s, 10 × 300s) of the dynamic PET sequence. Frame image alignment was initially performed at the coarse scale, which was subsequently used to initialise coregistration at the next finer scale, a process repeated until the finest possible scale, that is, the original resolution was reached. In addition, as tracer distribution changes during the dynamic frame sequence, a mutual information (MI) score was used to identify the starting frame for motion correction that is characterised by a sufficiently similar tracer distribution with the reference (last) frame. Validation of the approach was performed based on a simulated F18-fluoro-deoxy-glucose (FDG) dynamic sequence synthesised from the digital Zubal phantom. Inter-frame motion was added to each dynamic frame (except the reference frame). Total brain voxel displacement based on the added motion was constrained to 25 mm, which included both translation (0–15 mm in x, y and z) and rotation (0–0.3 rad for each Euler angle). Twenty repetitions were performed for each dataset with arbitrarily simulated motion, resulting in 20 synthetic datasets, each consisting of 36 dynamic frames (frame 37 was the reference frame). Assessment of motion correction accuracy across the dynamic sequence was performed based on the uncorrected/residual displacement remaining after the application of our algorithm. To investigate the clinical utility of the developed algorithm, three clinically cases that underwent list-mode PET imaging utilising different tracers ([18F]-fluoro-deoxy-glucose [18F]FDG [18F]-fluoroethyl-l-tyrosine [18F]FET [11C]-alpha-methyl-tryptophan [11C]AMT), each characterised by a different temporal tracer distribution were included in this study. Improvements in the Dice score coefficient (DSC) following frame alignment were evaluated as the correlation significance between the identified displacement for each frame of the clinical FDG, FET and AMT dynamic sequences.Results: Sub-millimetre accuracy (0.4 ± 0.2 mm) was achieved in the Zubal phantom for all frames after 5 min p. i., with early frames (30 s–180 s) displaying a higher residual displacement of ∼3 mm (3.2 ± 0.6 mm) due to differences in tracer distribution relative to the reference frame. The effect of these differences was also seen in MI scores; the MI plateau phase was reached at 35s p. i., 2.0 and 2.5 min p. i. At the coarse, medium and fine resolution levels, respectively. For the clinical images, a significant correlation between the identified (and corrected) displacement and the improvement in DSC score was seen in all dynamic studies (FET: R = 0.49, p < 0.001; FDG: R = 0.82, p < 0.001; AMT: R = 0.92, p < 0.001).Conclusion: The developed motion correction method is insensitive to any specific tracer distribution pattern, thus enabling improved correction of motion artefacts in a variety of clinical applications of extended PET imaging of the brain without the need for fiducial markers.