Towards an Optimal Conflict Rule for Assignment

Author(s):  
H.L.E. Verhagen
Keyword(s):  
Author(s):  
Laura Carballo Piñeiro

Labour migration triggers diversity in domestic jurisdictions that is in principle addressed by submitting all workers to the law of the habitual workplace. However, this chapter unveils that this conflict rule only reaches the integration objective in one type of labour migration fuelling divergence among workers in other types, namely business relocation and temporary posting. The chapter finalises suggesting a way forward based on levelling the playing field and State cooperation.


Author(s):  
Jonathan Herring

This chapter discusses the ‘conflicts of interest’ principle. It explains the principles that underpin the no-conflict rule. It consider the obligations under the professional codes of conduct for the rule. The chapter also explores the ethical basis for the principle and exceptions to it. The chapter looks too at some of the case law on how lawyers should avoid conflicts of interest.


Author(s):  
Brenda Hannigan

This chapter discusses the director's duty to avoid conflict of interest. Central to a director's duties is the long-established equitable rule precluding a fiduciary from entering, without consent, into engagements in which he has, or can have, a personal interest conflicting, or which possibly may conflict, with the interests of those whom he is bound to protect (the no-conflict rule); and the equally inflexible rule that, without consent, a person in a fiduciary position is not entitled to profit from that position (the no-profit rule or, more accurately no secret profit rule).


2019 ◽  
pp. 384-428
Author(s):  
JE Penner

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses the nature and scope of fiduciary duties. It begins by considering the ‘no conflict’ rule, the basic rule governing fiduciaries. Under the rule, a fiduciary is liable to account for any profit he obtains in circumstances where his interests may conflict with his duty to his principal. It then turns to rules governing authorised profits; unauthorised profits and the liability to account for them; self-dealing and fair dealing rules; the proprietary and personal nature of the liability to account; equitable compensation for breach of fiduciary obligation; and secondary liability for breach of fiduciary obligation.


2020 ◽  
Vol 24 (4) ◽  
pp. 1224-1239
Author(s):  
Artur S. Ghambaryan

The rule Lex posterior derogat legi priori (the later law cancels the earlier one) has a universal doctrinal meaning. The preservation of this principle over the centuries shows its importance and axiomatic character. However, the situation in the Armenian practice is different. This article discusses the legality of the conflict of laws rule of the RA Law On Normative Legal Acts, according to which, in the event of a conflict between the earlier and later laws in force, the earlier law applies. The author investigates the conflict rule Les posterior from comparative-legal and historical points of view, and concludes that the regulation provided by the RA Law On Normative Legal Acts contradicts the laws of dialectics, and axiomatic truths, reflected in Roman law, thus, it is essential to revise it. The philosophical basis of the new law abolishes the old rule is the law of the dialectics denial of the denial, which gives high authority and value to the Lex posterior rule. The rule Lex posterior is the means of ensuring the Constitutional freedom of generations. Freedom of generation implies that the new generation is free from the rules established by previous generations and is free to change them. In addition, a law written later must prevail over earlier laws, based on the principle of democracy by the people. Before Lex posterior derogat legi priori law is fixed in practice, in case of conflict between the old and the new norms that have equal legal force, the highest Courts of the Republic of Armenia should give preference to the legal norm that came into force later.


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