Topic
Principal (commercial law)
About: Principal (commercial law) is a research topic. Over the lifetime, 1579 publications have been published within this topic receiving 35379 citations. The topic is also known as: Principal (commercial law).
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01 Jan 2009
TL;DR: Aleksandar Djuric as discussed by the authors investigated and analyzed criminal motivation of corruption incrimination through the valid Criminal Law of Serbia and the corruption unification: organizational criminal - institutionalized criminal.
Abstract: In this scientific work, the author dr Aleksandar Djuric investigates and analyses criminal motivation of corruption incrimination through the valid Criminal Law of Serbia and the corruption unification: organizational criminal - institutionalized criminal. Like the previous question in considering cause consequence relationship between criminal motivation and incriminated corruption, the author sets determination of essence of the terms: 'corruption', 'criminal motive' and 'criminal motivation'. Criminal motive is an integrated psychological factor creating and determining the criminal behavior, which consists of undertaking and executing the criminal law act. Criminal motive is also a psychologically-normative category of guilt as subjectively specified criminal act. Criminal motivation is an integral psychological (motivational) process of creating, developing, differentiation, realization of criminal motives. The functions of criminal motivational process are creative, selective, determining, confirming, regulating, controlling. The mentioned functions of criminal motive and criminal motivation determine the guilt and the degree of guilt (premeditation and involuntary manslaughter). The guilt determine principal is valid in a criminal trial. While determining the guilt the criminal court has to determine the content and the sort of the criminal motive, the content of criminal motivation and its influence on the content of the guilt. The court mostly determines greed to be the basic criminal motive with the corruption incrimination (bribe giving and bribe taking). By analyzing of the corruption incriminations in Criminal Law of Serbia, the author realizes that the criminal motives (mostly greed) are present directly or indirectly in the law normatives of the corruption incriminations. The author determines the content of the term 'corruption' by following the formula: GREED = PROFIT + LOVE = INDIVIDUAL PSYCHOLOGICAL ANTAGONISM (the cause of personality split, i.e. multiple soul disorder of psychological character). The author points out that - in case of early diagnosis of the causes of greed - we can easily treat the causes and the consequences as well, i.e. the corruption-organizational criminal-institutional criminal. Greed motive should be legally defined as a gained personality feature and unreasonable, unlimited, egoistic need or greed to gain profit. Greed has got a very intensive, concentrated mental energy which makes people proactive. It should be classified into profitable greed grades like: the profitable greed one (criminal motive being the facultative law qualificative element), the profitable greed two (criminal motive motive being the facultative law hard accusing element). In the end - The Criminal Motivation Law should be necessarily established. In accordance with the NGO report of Transparency International and Belgrade Centre for Human Rights, 2008, the author considers the physical influence of corruption to the gaining and law protection of human rights in Serbia. The main cause of non respecting the rights in Serbia is inside the executive authorities in Serbia. The Serbian executive authorities do not protect or execute the regular law. The reason for such a state the author finds in the social phenomenon called 'corruption-organizational criminal-institutional criminal'. The author finds the corruption so deeply implemented inside of the psychological structure of a civilian personality of an individual that it easily turns into organizational or institutional criminal act. The causes of corruption can and has to be cured. Concerning the corruption consequences sanation, as well as the organizational and institutional criminal acts being at the more perfidy grades of corruption - the author suggests the sequence of preventive and repressive measures. The quality and the sanation measure effectiveness depend on the personality types as well as the quality and intentions of the people engaged in the executive authorities in Serbia. If the state doesn't control the corruption, the corruption will control the state.
5 citations
Journal Article•
TL;DR: In this article, the authors investigated the legal nature of the state and its ability to be an active participant in social communications configures its natural right that can and should be implemented, and they proved that the subject of legal relations is not the specified one, the nature of relations in which it stands is also not specified.
Abstract: Article deals with the investigation the legal nature of the state. It was found that the state is the allied unity of settled people provided with primary power of primacy. The essence of the state lies in creation of conditions for the development of the civil society, implementation of shared interests of members of society. The state is a means of social compromise of members of civil society. It appears not only as a form of provision of such social compromise, but also as an active and equal member of the relevant legal relations. The ability of the state to be an active participant in social communications configures its natural right that can and should be implemented. As a result, the subject gets legal opportunities for its activities and transformed into a legal person the nature of which is revealed through the signs of interest, will of the subject and its individual separation. Since the state is a union of interests of persons united in the unified social organism for their support, the fact that the legal entity as a legal person synthesizes in itself not only characteristics peculiar to the corporation, but also characteristics peculiar to the state as a legal person is justified. Implementation of the civil capacity of the state is revealed through the institution of representation. The justification of universal character of legal capacity of the state is given. It is proved that the subject of legal relations is not the specified one, the nature of relations in which it stands is also not specified. The volume right of an individual, who is granted with certain powers from the principal, is specified. The special capacity is not peculiar to the state as a legal person, but to a relevant government authority that implements its own competence, for which it has the rights and obligations, exercises the authority, including private-legal sphere.
5 citations
TL;DR: In this article, the authors present a new model to study the behavior of universities using economic logic, which deviates from the more traditional sociological and psychological approaches generally used in the analysis of faculty life.
5 citations
Journal Article•
TL;DR: In this article, it is shown that in a repeated game version, such a commitment problem could be solved, and a first best outcome could be achieved through both parties taking trigger strategies that depend on a public signal.
Abstract: In a bilateral moral hazard framework, where the principal is also a productive agent, the requirements of both the agent’s and the principal's incentive provisions should be satisfied in designing optimal incentive contracts. In a static framework, only the second best is obtainable if the incentive contract is based only on the total output. One example of this is the simple linear sharing rule that is often observed. Next, it is shown that in a repeated game version, such a commitment problem could be solved, and a first best outcome could be achieved through both parties taking trigger strategies that depend on a public signal. We give an interpretation in the viewpoint of the ‘reputation’ mechanism, and a qualitative characterization on the optimal solution induced in equilibrium for all possible discount factors. Finally, some applications for corporate governance are presented.
5 citations
30 Jun 2008
TL;DR: In this paper, the present situation of the enterprises in the light of the human rights issues at the international arena is reviewed, taking into account some political and economical initiatives, like Global Compact and corporate social responsibility, addressed to involve the private sector in public affairs related to society, especially with human rights.
Abstract: The main objective of this article is to revise the present situation of the enterprises in the light of the human rights issues at the international arena. According to this, it takes into account some political and economical initiatives, like Global Compact and corporate social responsibility, addressed to involve the private sector in public affairs related to society, especially with human rights. Subsequently it focuses on legal aspects, mainly in those that establish the principal aspects of the international responsibility in cases of human rights violations. After the examination of those initiatives and some legal aspects concerned with the international responsibility regime, the main findings were three. The first one referred to the absence of mechanisms that allows the corporations to fit their activities with human rights standards; the second one related to the lack of effective and appropriate resources established to protect the victims against the abuses and violations of human rights, committed by the private sector; and finally, concerned to the non-existence of an international structure that can assume cases which involve the private sector as direct responsible of that kind of acts.
5 citations