12. Duty to avoid a conflict of interest

This chapter discusses the director’s duty to avoid a situation 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). These key obligations are discussed in detail, exploring the extent of the strict duty to avoid a conflict and the judicial attitude to breaches of duty. The need for disclosure and authorisation is discussed. Benefits from third parties and conflicts from proposed transactions with the company are also addressed.

THE CONFLICT RULE “LEX POSTERIOR” IN ARMENIAN LAW

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.

Gaps of administrative and legal regulation (legal conflicts) estimation of land plots

The legal conflicts of control relations in the field of land resources and ways to overcome the mare studied. In consistencies in the legislation of Ukraine on control, use and protection of land resources are described. The legal conflicts that arise during the assessment of land plots are analyzed. It is proposed to specify and differentiate the competencies of the subjects of state control in the field of land resources and to transfer part of the powers of the executive authorities to local governments. The conclusion is made on the need to overcome conflicts and systematize land legislation. Keywords: state control, land resources, land, legal conflict, conflict rule, overcoming conflicts, systematization, normative monetary valuation

The No-conflict Fiduciary Rule and the Rule against Bias in Judicial Review

This article explores the parallels between the fiduciary rule against conflicts of interest and the rule against bias in judicial review, with a view to providing novel normative insights into the purpose of the fiduciary rule. It argues that, analogous to the main purpose of the rule against bias, the fiduciary no-conflict rule aims to insulate the exercise of discretion from self-interest or other irrelevant considerations that may affect, directly or indirectly, the reliability and trustworthiness of the fiduciary’s decision-making process.

Labour Migration and Private International Law

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.

13. The law governing fiduciaries

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.

Overview of recent cases before the Court of Justice of the European Union (July – October 2018)

In the reporting period July-October 2018, the Court of Justice of the European Union (CJEU) delivered three rulings ( Alpenrind, Walltopia, and Commission v Belgium) concerning the conflict rule for posted workers as contained in Article 12 of Regulation 883/2004. The CJEU clarified the meaning of the `non-replacement condition', the legal status of workers who are recruited for the sole purpose of being posted to another Member State as well as procedural aspects relating to A1 certificates. In addition, the CJEU delivered judgments on the portability of personal care benefits (A), the application of the prohibition of discrimination on grounds of disability to social security provisions contained in collective agreements ( Bedi) and the protection of supplementary pension claims in the event of insolvency of the employer ( Grenville Hampshire).

Crisis matrimoniales, imperatividad de la norma de conflicto y Derecho extranjero = Marital crisis, imperativeness of the choice of law rule and Foreign Law

Resumen: El sistema español de tratamiento de la ley extranjera se construye sobre tres pilares, el que sanciona la imperatividad de la norma de conflicto, las reglas sobre medios de prueba y la previsión de las consecuencias de la falta de prueba de tal ley. La interacción de estos pilares debe traducirse en respuestas diferenciadas según el sector del Derecho en el que nos encontremos. En los procesos matrimoniales no existe espacio para la libertad de los particulares y sí fuertes intereses públicos, lo que significa que el órgano judicial tiene que aplicar no sólo la norma de conflicto sino también el ordenamiento reclamado por ésta, investigándolo de oficio si no lo aportan los litigantes. Único condicionante es el respeto del contradictorio y la interdicción de la indefensión.Palabras clave: procesos matrimoniales, derecho extranjero, imperatividad de la norma de con-flicto, reglamentos europeos.Abstract: The Spanish system of procedural treatment of foreign law is built on three main pillars: the one which sanctions the imperativeness of the choice of law rule, the rules on means of evidence, and the forecast of the consequences of the lack of evidence of such a law. The interaction of these pillars has has to be translated into differentiated responses according to the material sector of the Law in which we find ourselves. In matrimonial proceedings there is no room for the freedom of individuals, because of the strong public interests. Consequently, this means that the judicial body has to apply not only the conflict rule, but also the regulation claimed by it, even investigating it ex officio if it has not been brought by any of the parties. The only constrains are the respect of the right to an adversarial proceeding and the interdiction of the lack of defence.Keywords: matrimonial causes, Foreign Law, mandatory application of the Choice of Laws Ru-les, EU Regulations.