scholarly journals MORTGAGOR’S LIABILITY FOR THE PRESERVATION OF THE VALUE OF A MORTGAGED REAL ESTATE

TEME ◽  
2020 ◽  
pp. 065
Author(s):  
Milica Vučković ◽  
Miroslav Lazić
Keyword(s):  
Real Estate ◽  
Civil Law ◽  
Civil Liability ◽  
Due Diligence ◽  
Legal Standard ◽  
Real Risk ◽  
The Relationship

In this paper, the authors analyze the civil law liability of a mortgage debtor (mortgagor) in cases where the debtor breaches the obligation of treating the mortgaged real estate in compliance with the legal standard of acting with due diligence of “a good host” or “a good businessman,” and thus depreciates its value to the extent that jeopardizes the possibility of enforcing the claim. Given the accessory nature of mortgage which is aimed at securing the claim as the primary right, this form of civil liability and the corresponding rights of the mortgage creditor (mortgagee) are applicable before raising the issue of traditional civil law liability, which implies the maturity of the receivables and compensation for the damage sustained by the creditor. This form of civil liability may also be used preventively when there is a real risk of causing damage to the mortgagee. The relationship between civil law liability and the insurance of the mortgaged asset implies that they do not exclude but complement each other.

scholarly journals IMPLEMENTING HUMAN RIGHTS DUE DILIGENCE THROUGH CORPORATE CIVIL LIABILITY

2020 ◽  
Vol 69 (4) ◽  
pp. 789-818 ◽  
Author(s):  
Nicolas Bueno ◽  
Claire Bright
Keyword(s):  
Human Rights ◽  
Civil Liability ◽  
Case Law ◽  
Court Decisions ◽  
Due Diligence ◽  
Human Rights Abuses ◽  
Business And Human Rights ◽  
Corporate Liability ◽  
The Relationship ◽  
Human Rights Due Diligence

AbstractSince the adoption of the UN Guiding Principles on Business and Human Rights the relationship between human rights due diligence (HRDD) and corporate liability has been a source of legal uncertainty. In order to clarify this relationship, this article compares and contrasts civil liability provisions aiming at implementing HRDD. It explains the legal liability mechanisms in the draft Treaty on Business and Human Rights and in domestic mandatory HRDD legislation and initiatives such as the French Duty of Vigilance Law and the Swiss Responsible Business Initiative. It compares these developments with the emerging case law on parent company and supply chain liability for human rights abuses. It explores the potentially perverse effects that certain civil liability provisions and court decisions might have on companies’ practices. Finally, it makes recommendations for the design of effective liability mechanisms to implement HRDD.

scholarly journals Auditors, Underwriters, and Firm Owners’ Interaction in an IPO Environment: The Case of OECD Nations

2021 ◽  
Vol 13 (11) ◽  
pp. 6281
Author(s):  
Sheela Sundarasen ◽  
Kamilah Kamaludin ◽  
Izani Ibrahim ◽  
Usha Rajagopalan ◽  
Nevi Danila
Keyword(s):  
Positive Impact ◽  
Common Law ◽  
Civil Law ◽  
Least Square ◽  
Interactive Effects ◽  
Cross Sectional ◽  
Key Stakeholders ◽  
Research Findings ◽  
Firm Owners ◽  
The Relationship

This study explores the effects of interactions among key stakeholders, i.e., auditors, underwriters, and firm owners on IPOs’ first-day returns in selected OECD nations. It also examines the alteration effects of legal origin (Common law and Civil law) on the relationship between the interacted key stakeholders and IPOs’ first-day returns. A total of four thousand one hundred and sixty-four IPOs from twenty-eight OECD nations are included in this study. Since it is cross-sectional data, a two-stage least square regression is applied. The empirical outcomes indicate that, in general, the interacted reputable underwriters and auditors have a positive impact on IPOs’ first-day return. The relationship is modified between common law and civil law nations, whereby in civil law nations, no significance is demonstrated except for the interaction between the reputable auditors and underwriters. In the common law nation, interactions between reputable auditors and ownership retention have an impact on IPOs’ first-day return. The research findings provide outlooks into an IPO framework for issuers, investors, and regulators. Issuers may want to weigh carefully the costs and benefits of hiring credible auditors and underwriters when going public as they act as signaling agents. As for the investors, they should take into consideration the involvement of reputable underwriters and auditors and the degree to which the IPO firms retain ownership, as the interactive effects give clear signals on firm valuation and IPOs’ first-day returns. Regulators may find the findings informative concerning the creation of a more organized regulatory and financial system that could lead to a deeper and more open financial market.

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