Responsibility Of Owners Research Articles

Questões controvertidas sobre a responsabilidade do sócio e do ex-sócio no processo do trabalho

O presente estudo objetiva traçar um panorama atual sobre a responsabilidade subsidiária dos sócios nas hipóteses em que, em fase de execução no processo do trabalho, os bens da pessoa jurídica sejam insuficientes para satisfação dos créditos. A matéria propriamente dita nada tem de nova, remontando aos primeiros decretos que regulamentavam as sociedades por quotas de responsabilidade limitada, passando pelo Código Civil de 1916 e de 2002. Todavia, o estudo procurará demonstrar que, aos poucos, foi sendo abandonada a exigência de comprovação dos amplos poderes de mando e gestão do sócio, ou seu exercício abusivo, assim como foi aumentando simultaneamente a preocupação com a figura dos ex-sócios, objeto de investigação especial no presente trabalho. O artigo sustentará a tese de que essa maior liberdade na interpretação da responsabilidade de sócios e ex-sócios se deve, sobretudo, (a) à promiscuidade patrimonial verificada entre pessoas jurídicas e pessoas naturais, na sociedade brasileira, (b) às altíssimas taxas de encerramento das pessoas jurídicas logo no primeiro ou no segundo ano de existência e (c) à elevada rotatividade de sócios nos estatutos da empresa.

A Study on the Judical Precedents of User Protection and Owner Responsibility about Leisure Sports Facilities Accident

본 연구의 목적은 레저스포츠 시설의 안전사고에 대한 시설업자의 법적 책임소재를 규명함으로써 첫째, 레저스포츠 시설을 이용하는 고객이 안전사고를 당했을 때 어떤 경우에 법적으로 보호받을 수 있는가하는데 대한 법적지식을 제공하고 둘째, 시설업자로 하여금 법적분쟁 발생 시 사법처리에 대처 할 수 있는 방어방법에 관한 소송상의 정보를 제공해주는 한편, 안전사고에 대비한 사전예방의 지침을 제시해주고 셋째, 시설업자 및 이용자 양방에게 레저스포츠 시설의 안전관리 및 안전 이용에 대한 법의식을 고양시킴으로써 스포츠의 안전사고에 대한 예방적 경각심을 일깨우는데<BR>있다.<BR> 시설업자는 기본적으로 이용자에 대한 안전사고 예방을 위해 선량한 관리자로서의 일반적인 의무를 부담하는 외에 각 경기종목별로 경기내용상 고유한, 특유의 책임이 개별적으로 부여되어 있음을 고찰할 수 있었다. 그것은 법원의 사법판단이, 사고가 현실적으로 발생한 연후 사고원인을 분석하여 그러한 경우 어떠한 조치를 취하였으면 이런 사건이 생기지 않았을까 하는 사고원인을 분석하여 그 결과 그러한 사고예방조치를 취하지 않은 책임을 묻는다는 식의 접근 방법을 택하고 있었음을 알 수 있는바 시설업자로서는 역으로 그 실례를 통하여 사고원인을 미연에 제거할 수 있는<BR>각종조치를 하나하나 습득하게 되는 것이다. 앞으로 이러한 연구를 축적 해가면 레저 스포츠 시설업자의 책임론이 집대성 될 것이라고 사료하는 바이다.

A calculus for costed computations

We develop a version of the pi-calculus, picost, where channels are interpreted as resources which have costs associated with them. Code runs under the financial responsibility of owners; they must pay to use resources, but may profit by providing them. We provide a proof methodology for processes described in picost based on bisimulations. The underlying behavioural theory is justified via a contextual characterisation. We also demonstrate its usefulness via examples.

Alcohol-service liability: Consequences of guest intoxication

The purpose of this study is to examine the legal responsibilities of owners of establishments that sell and/or serve alcoholic beverages to their patrons and other people who may be assaulted or injured by those patrons in the establishment or after leaving the establishment. Examination of 246 actual court cases revealed that the plaintiff's claims are likely to fall under either the restaurant, bar, hotel, club or other hospitality operators’ failure to exercise reasonable care to protect patrons from injury at the hands of other patrons, failure to maintain a safe and orderly establishment, or from patrons injuring bystanders in violation of a dram shop act. However, findings indicated that violations of a dram shop act are likely to have the most devastating effect on the business.

Bodenschutz im Wald – Annäherung an ein Wahrnehmungsproblem (Essay) | Soil protection in forests – approaching a problem of perception (essay)

Sustainable forest management is totally dependent on an intact production base such as the soil. Today's soil has been shaped by soil formation processes over hundreds and thousands of years in the context of various natural cycles. In contrast to these very slow soil formation processes, timber harvesting methods have evolved within a few decades from manual harvesting to high-tech harvesting with heavy machinery. The impact of these on the soil structure is comparable to that of the ice sheets during the last glaciation. The consequences of this development are not easily visible to the eye. But there is the threat of irreversible damages in the form of soil compaction. Now what about sustainability, this fundamental requirement that wood production can be maintained over many tree generations keeping the production base intact? What about the responsibility of forest owners and managers for future forest stands to the coming generations of people? The knowledge exists about the soil processes and the possible damages caused by overstraining the natural limits of the soil system. There are also guidelines for careful forest management even with modern machinery. Rejecting wood harvesting techniques with integrated state-of-the-art soil protection measures purely on economic grounds is incompatible with sustainable thinking.

Dam safety management for sustainable farming businesses and catchments

Abstract In most countries, owner responsibility exists under Common Law to manage and maintain dams according to current standards. However, farm dam safety in Australia is being flouted and the sustainability of farming businesses compromised because of the potential and severe consequences of dam failure. This paper explores management and policy issues associated with safety of farm dam water storage through a comparison of developments in two Australian states against international benchmarks. Historical review and a longitudinal study over a 12-year period provides the basis for case analysis and demonstrates the application of the benchmarked model policy selection guidelines. Research results show South Australia is lagging international best practice in a number of ways whilst Tasmania provides leadership. The contribution of this paper is a regulatory mix analysis approach, incorporating a cost-effective spillway safety engineering/accounting tool, developed and demonstrated through Australian case studies, that can be applied by any jurisdiction wanting to check and/or improve its farm dam safety management and provide a clearer analysis of the social and environmental costs and threats associated with on-farm dam safety issues.

Zur Zustandsverantwortlichkeit des Eigentümers im Gefahrenabwehrrecht. Maßgeblichkeit des (formellen) zivilrechtlichen Eigentums im Polizeirecht?

In order to determine the addressee of police measures to safeguard security by averting danger, all German police laws differentiate between i) <italic>the person responsible for acting dangerously (Handlungsverantwortlich)</italic> and ii) <italic>the person responsible for the dangerous object (Zustandsverantwortlich)</italic>. According to the common definition of <italic>Zustandsverantwortlich,</italic> the police are entitled to take measures against the legal owner or the person exercising physical control over the object at that time. The consensus in the case law and amongst legal scholars assumes that the question who is to be held responsible as the addressee of police measures has to be answered on the basis of civil law. However, this approach is debatable if the acquisition of an object's ownership does not involve the actual physical possession of the object. This can be seen particularly in the case of title acquisition, or where the object is used as a security, a bank credit, for example, where the legal ownership is transferred to the secured owner (the bank), and the physical possession remains with the original owner – the person providing the security – of the object. According to the rules of civil law, the secured owner must be regarded as <italic>the one legally responsible for the object.</italic> However, this interpretation of ownership is not compatible with the wording, meaning and purpose of the regulations regarding the one responsible for the object according to police law, as will be shown in the following article. Contrary to the dominant legal opinion, the definition of ‘the owner’ of an object as it is meant in police law should not to be interpreted in accordance with civil law but rather autonomously. Therefore, it is not the formal status as an owner according to civil law, but rather the comprehensive assignment of the actual possession of the object that should determine the owner's responsibility in the field of police law. That is to say, it is the substantive owner, and not the formal owner according to civil law, who should fall within the police's definition of ownership.

Management Improvement of Contract Laws and Regulations for Public Sector Projects

Due to rapid changes in today's construction industry, the need for modification of laws and regulations has increased. First of all, the Ministry of Strategy and Finance of the Republic of Korea plans to modify contract laws and regulations for public sector projects. A thorough and comprehensive investigation of the US construction industry concerning the public sector will help the Korean construction industry make strategic plans toward amendment of laws and regulations. The primary purpose of this research is to investigate the project delivery method and contract administration systems for public sector projects of the US construction industry and to propose some suggestions to improve the current systems as found in the Korean construction industry. Through this investigation, various promotional issues as well as obstructions were identified by considering the differences in market conditions between the US and Korea. Frameworks of the suggestions provide for a consistent process of reinforcement of the owner's responsibility, and fair competition among construction companies.

Effects of equine back massage pads on stress indicators by the assessment of behaviour, heart rate and salivary cortisol

Equine massage therapy is becoming increasingly popular, particularly the use of electronic pads which eliminate the need for a masseur and make the treatment more accessible. Domestic horses live in conditions that are different to which they are naturally adapted. Horses are free roaming, social trickle feeders but modern management houses them in isolation and confinement with little or no social interaction and highly concentrated feeding regimes (Harewood and McGowan, 2005). The inability to carry out these behaviours may lead to stress. Stress may alter the biochemistry of the body and could affect reproduction, growth, metabolism and immune function, which in turn may reduce the performance potential of an individual. Stress can have a negative effect on welfare so it is the responsibility of horse owners to reduce stress. Massage may help in stress reduction due to a similarity to mutual grooming, believed to be a goal directed behaviour and have a reward of stress reduction (McBride et al., 2004). The effect of massage on horses, particularly with an electronic massage pad is not established. The aim of the study was to examine the effect of an electronic pad on the stress perception of domestic horses.

BUILDING OWNERS' RESPONSIBILITY AND TENANTS' ONE IN STOCK ERA

This paper defines the criteria for the building owner's responsibility and the tenant's one against the damage that a visitor received from the defects of a building. The building owner's responsibility and the tenant's one are defined Civil law Art. 717. But the Art. 717 can't settle some cases. Then, this paper reached the criteria by analyzing the decisions of courts and theories. The owner and tenant who have administered and controlled the defects are responsible for the damage that a visitor received from the defects.

Rights and Responsibilities Online: A Paradox for Our Times

The Internet is hailed as a democratic force freeing people from inherited orthodoxy and hierarchy. Yet some observers and visitors of virtual worlds decry the absence of the individual rights we have come to expect in a democratic society. This paradox of the Internet’s democratic promise and lack of democratic protections raises vexing legal issues. What are the rights and responsibilities of owners and users of digital media, profilers on social network sites, game players and participants in virtual worlds of all types? These issues must be addressed if the power of community is to be realized in a just and sustainable way.

Project ownership: implications on success measurement

PurposeThe purpose of this paper is to discuss measurement of project success in an ownership perspective.Design/methodology/approachThe research is based on a case study of owner structures in 11 projects. For each case, an analysis was made of which stakeholder that held six different roles related to project ownership. Multiple sources of information are used, including archives, interviews and observations.FindingsResults from the study indicate that owner responsibilities are not always concentrated to one individual stakeholder in a project. While a traditional owner can be identified for some projects, it is a more complex picture for many other projects.Research implications/limitationsThis paper has primarily analysed project ownership on a macro level, between organisations. Challenges related to identifying owners can to a certain extent also be found on a micro level, within the most involved organisations, but this has not been the aim of the research.Practical implicationsMeasurement of project success in a project owner perspective needs to be adjusted to fit the projects in question. While the question “Who owns a project” is easy to answer in some cases, it requires a more differentiated answer in other cases.Originality/valueMost literature on project ownership focuses on one owner who has all the characteristics of the owner. It is based on one stakeholder who takes the risk related to the cost and future value of the project. The study shows that owner responsibilities are not necessarily concentrated to one individual stakeholder in a project.

Owner's responsibility in developing human capital in the organisation

The authors argue that the widespread treatment of human capital development in the frames of the internal context of the organisation is too restrictive. Proceeding from the treatment of corporate governance, the authors set up the hypothesis that human capital development in the organisation starts from the owners (supervisory board, board of directors). The purpose of the article is to show the owner's possible influence on human capital development in the organisation. The authors present one possible scheme of ties in the owners' influence on development of human capital in the organisation (choosing the top manager, drafting of strategy, direct interference with the organisation's staff issues, perception of corporate social responsibility, etc.). The results from the in-depth interviews (undertaken in 2004) with Estonian owners and top managers are used to support the authors' standpoint about the significant role of the owner in the development of human capital.

The Social Responsibility of Ownership

Gregory Alexander's new book The Global Debate over Constitutional Property provides a unique opportunity to reflect upon the functions of comparative law and the nature of ownership. This Comment highlights the role of comparative law in upsetting law's tendency to turn contingency into necessity, but also warns against the illusion that comparative law can yield normative conclusions without an independent and critically constructive legal inquiry. The Comment offers such an inquiry in order to substantiate Alexander's call to adopt the German constitutional model of incorporating social responsibility into the concept of property. It studies the reasons as well as the potential risks entailed by such a move, and outlines the contours of a takings doctrine that takes the social responsibility of property owners seriously.

Regulatory measures against Erwinia amylovora in Switzerland*

Switzerland joined the list of fireblight‐affected European countries in 1989. Vigorous and systematic steps were taken to limit the impact of the disease on fruit production and amenity plants. These efforts are codified in a Swiss law detailing prevention, eradication, control measures and issues of compensation. As with many Swiss legal directives, there is a defined coordination of federal and cantonal responsibilities and, in the case of fireblight, there is also an emphasis at all levels on personal responsibility of owners of susceptible objects (e.g. nurseries, orchards, host plants). Extension activities have been a key component in achieving compliance with disease management regulations and in obtained public support for control efforts. Agroscope FAW Wädenswil has taken a leading role in this respect through its website http://www.feuerbrand.ch.

Daily Windows Delay Analysis

Critical path method delay analysis techniques are widely applied in the construction industry, with the windows method being regarded as technologically advantageous. The approach looks at different schedule snapshots (windows) throughout the project and analyzes the contractor versus owner responsibility for delaying the critical paths. Accordingly, decisions regarding time and/or cost compensation could be made. While the technique is beneficial, it is computationally intensive and produces different results with different window sizes. Commercial software provide little support in this regard and the analysis is usually done manually. In this paper, a modified windows approach is introduced with computerized daily analysis of delays so that accurate and repeatable results are produced. The new approach is coupled with a new representation of progress information and is readily usable by professionals and researchers to evaluate project delays. Details of the daily analysis are introduced along with two case studies that demonstrate its advantages over the traditional windows approach. A downloadable version is made available for experimental use by researchers and professionals.

RIPPLES OF INFLUENCE

AddictionVolume 100, Issue 1 p. 135-135 Free Access RIPPLES OF INFLUENCE First published: 10 December 2004 https://doi.org/10.1111/j.1360-0443.2005.00982_1.xAboutSectionsPDF ToolsRequest permissionExport citationAdd to favoritesTrack citation ShareShare Give accessShare full text accessShare full-text accessPlease review our Terms and Conditions of Use and check box below to share full-text version of article.I have read and accept the Wiley Online Library Terms and Conditions of UseShareable LinkUse the link below to share a full-text version of this article with your friends and colleagues. Learn more.Copy URL Share a linkShare onFacebookTwitterLinked InRedditWechat The compiler is recently back from a meeting of the International Society of Addiction Journal Editors (ISAJE) held in Hydra, one of the Greek Saronic islands. Hydra is truly an ‘isle full of noises, sounds and sweet airs’—from the lapping of the sea and early morning bird calls to church bells and the braying of donkeys. It is an island which jealously guards its traditionalism., The only things traditional about our meeting however were the gracious hospitality of our hosts—Gerry Notaras and Anna Tsiboukli of Exartisis, their staff and members of the editorial board—and the space to refresh friendships and make new ones which is a characteristic of ISAJE gatherings. In all other aspects the meeting was bracingly innovative. Isidore Obot, editor of African Journal of Drug and Alcohol Studies, and at present seconded to WHO Geneva, gave us a wealth of ideas on how we might strengthen the position of addiction journals and researchers in low and middle income countries. Outgoing president Kerstin Stenius (Nordisk Alkohol och Narkotikatidskrift) has associated herself closely with support for the small national journals and how to bring the research they publish, particularly in languages other than English, into the bright light of the international arena. We were particularly pleased therefore to welcome to the meeting Andrey Soloviev of Narcologiya (Russia) and Michal Miovsky of Adiktologie (Czech Republic). Another piece of the ISAJE fabric is an unfolding series of seminars on getting your work published, designed for communities where the addiction research tradition is not strongly developed. The series will be responsive to local needs and will have a structure shaped by the new book Publishing Addiction Science: A Guide for the Perplexed (Babor, Stenius & Savva 2004). This guide, ISAJE's first assay into publishing, was launched at the meeting—or rather, virtually launched, since copies of the book mysteriously turned up only after the meeting was over. Interested readers may obtain their own 200 pages, between soft covers, from the US distributor NCADI at http://www.health.org. For customers outside the USA an order form can be printed out from the ISAJE website, http://www.isaje.net. Alternatively, for those who prefer virtual reality, a free downloadable version of the book will soon be available. These ideas—together with initiatives in the field of ethics (focusing on the responsibilities of journal editors, owners and publishers), the ISAJE Language Group, and the efforts of the Indexing and Impact Factors Group under Gerhard Bühringer—continue, as one participant had it, to create ripples of influence through the addiction research and journal publishing community. Ian Stolerman, co-editor of Drug and Alcohol Dependence, assumed command as ISAJE's new president and will lead the organisation forward over the next two years. References Babor, T. F., Stenius, K. & Savva, S. (2004) Publishing Addiction Science: A Guide for the Perplexed. London: International Society of Addiction Journal Editors. A co-publication with the World Health Organization. ISBN 09548575 0 X (ISAJE) 92 4159224 9 (WHO) Google Scholar Volume100, Issue1January 2005Pages 135-135 ReferencesRelatedInformation

National Forestry Programme of the Czech Republic in brief

The basic principle from which the Czech National Forestry Programme proceeds is the management of forests in a permanently sustainable manner whilst limiting the administrative interference of the state to the unavoidable minimum under the circumstances of the motivating operation of state forestry policy for the support of public interests and whilst increasing the responsibility of forest owners for their property. The National Forestry Programme is supposed to be an interdepartmental and intersectoral programme respecting not only the needs for the branch development of forest management, but also emphasising the place of forests in the environment and landscape creation, non-production functions of forests, the importance of the forest as a renewable source of ecologically advantageous raw material and the significance of the use and processing of wood for the economy of the country and thus for the society as such. The first idea of National Forestry Programme has been presented in 1993. The current version of the Programme has been conceived for the period 2003&amp;ndash;2006. In addition to the basic information about the current state of forests and forestry management in the Czech Republic, it contains chapters with themes focussing on forestry problem issues.

Fostering Reproductive Health Through Entertainment?Education in the Peruvian Amazon: The Social Construction of Bienvenida Salud

Baseline survey data are integrated into an ethnographic understanding of locally situated knowledge to evaluate how radio entertainment—education regarding reproductive health is socially constructed in the riverine communities of the Peruvian Amazon. Focus group interviews, sustained participant observation, in—depth interviews, letters from radio listeners, and input from trained peer promoters complement the survey data. Employment of culturally sensitive, multiple methods makes findings more intelligible and coherent, provides practical wisdom for action, and heightens awareness of the joint ownership of ethical responsibilities on the part of the researcher and the researched.

공동주택 관리비 항목별 영향요인 분석 연구

In this research, I finally came to a conclusion analyzing the connection among managing of each items in management expenses, the size of each complex and stories, and the term of using. (1) In the managing cost regarding to the management manner, although the managing cost of self-governing management is less imposed than the one of commission management, there is slight difference between those Costs. And it is more important to consider the effectiveness of management than to emphasize reduction of management cost. (2) The higher the stories, the higher the managing cost of elevator per the unit area. It Is caused by the fact that the father the distance of the elevator operating, the higher the electric charges. (3) The third of one of total management cost goes to pay the personnel expenses. So I found that the effective management of the expenses is available to reduce management cost. (4) The higher the stones, the lower the cost of personnel expenses including the cleaner cost. (5) The sum of costs assigned in repairment and management increases in proportion to the term of using. The costs assigned in special repairment and management are interacting to each other. (6) To reduce the management cost, we have to cut down the personnel in security guard that occupies one third of total management cost with application to the joint security system and operation of the self-governing guard. Through this process, it will be easy to accomplish the rationalization of contract with an outside order. Because the improvement of management service is not only the responsibility of owner but also the one of dwellers. And it Is imperative to realize the importance of cooperation and trust between the owner and dwellers. And the establishment of effective managing system which has convenience and rationality must be settled without delay.