Можно ли судить за глупость? Деловое суждение и его объективная оценка.
The article is devoted to an objective assessment of business judgment. The author analyses the concepts of reasonableness and good faith of director’s activities in the interests of the organisation. The author concludes that the greater degree of uncertainty, the more relationship between the organisation and the director take a game character. Due to the increasing complexity of the economic system, including a sharp increase in the scale and speed of information exchange, the use of traditional legal tools is extremely limited.
The paper deals with M. Heidegger’s treatise On the essence of ground (Vom Wesen des Grundes, 1929) which analyzes the essence of principium rationis sufficientis from the perspective of fundamental ontology. The problem of ground discussed in the treatise is related to the following conceptual structure: ontological difference-transcendence-freedom. In my paper, I focus on the question of transcendence which is described as “the basic structure of subjectivity”. In order to clarify Heidegger’s main point regarding transcendence, I introduce the term “interest” and explain how transcendence as the finite human freedom can be the origin of “grounding”.
This article is devoted to the content and interconnection analysis of the categories «interest» and «entrepreneurial risk». The logical connection analysis of the categories is carried out by using not only the theoretical point of view, but also the practice of application.
A new work by Vladimir Volfson is entirely dedicated to bad faith in the exercise of subjective rights. While the civil law doctrine in this domain of legal knowledge is becoming increasingly sophisticated in line with a correspondent move of legal relations towards growing complexity, the subject retains much of its scholarly appeal largely due to an extreme diversity of academic approaches as well as to uncertainty in the current jurisprudence. The author of this monograph differentiates abuse of law from bad faith behaviour. The latter is, in his view, the conflict in the intentions about the claim ground. The lack of good faith, subsequently, is such a flaw in the claimant's interest that, if established, should launch a test whether the action in question constitutes an abuse of law. However, this indicator of the condition of the claimant's interest is not in per se equivalent to the condition itself; therefore, the court should not equate bad faith to abuse of law. The work goes on to unfold the above viewpoint, suggesting some arguments in its favour. Set against this notion of bad faith are the cases of what is described as legally neutral bad faith and even one that is legally allowed. The author also explores the standards of bona fide (as a prerequisite of the legal claim) applied by the lawmaker in special provisions of the civil legislation. Following his understanding of the good faith category, the author criticizes the current position of the principle of good faith in the Russian Civil Code as a legal obligation and a general prerequisite of a claim. In the framework of the view set forth in the work, this principle can be nothing but a legal presumption. Legislation and case law are given as of November 2018.
Memory tests are frequently used to measure the effectiveness of an advertisement. However, as different tests provide different kinds of information it is important to know which type of test is the most appropriate. The main objective of this investigation was to study the effect of different memory tests on the number of brands recalled and the level of interest generated by them. A group of participants wrote down all the brands of any kind of product that they remembered having seen advertised (free recall test) and rated their interest in each brand. Subsequently, the participants were given a list of 27 categories and wrote down the brands they associated with the categories (cued recall test) and also rated their level of interest. The results showed that although the participants generated more brand names with the cued recall test, the brand names mentioned in the free recall test generated greater interest. These results highlight the importance of choosing the correct memory test to measure the effect of publicity.
The article is devoted to a particular form of freedom of assembly — the right to counter-demonstrate. The author underlines the value of this right as an element of democratic society, but also acknowledges the risk of violent actions among participants of opposing demonstrations. Due to this risk, the government may adopt adequate measures restricting the right to counter-demonstrate, certain types of which are analyzed in this paper.
Development of standards of international controllability is reviewed in the article. Institutional approach is applied to development of international legal regime of Energy Charter. Definition of controllability is connected to development of international standards of dispute settlement, which are described in the article in detail. In connection with controllability, Russian interest, defense of investment in European Union and ecological investment encouragement, is reviewed in the article.
мировое управление и управляемость, Мировая экономика, международное экономическое право, энергетическая хартия, International control and controllability, International economics, international economic law, Energy Charter
международное частное право; недвижимость; ; школа бартолистов; бартолисты; теория статутов; статуарная теория/