scholarly journals Bills and Notes: Personal Liability of Agent Who Signs Note Which Principal Has No Legal Power to Execute

1949 ◽  
Vol 47 (3) ◽  
pp. 401
Author(s):  
N. S. Peterman
Keyword(s):  
Legal Power ◽  
Personal Liability

Property Rights, Fiduciary Duties, and the Control of Assets

2018 ◽  
Author(s):  
Aruna Nair
Keyword(s):  
Property Rights ◽  
Case Law ◽  
Property Right ◽  
Formal Structure ◽  
Fiduciary Duties ◽  
Legal Power ◽  
The Law ◽  
Fiduciary Relationships ◽  
Relationship Of

This chapter examines the law governing the availability of claims to traceable proceeds. It argues that the language used in the case law—which uses the terminology of property rights and of fiduciary relationships—cannot fully explain the law, since such claims are often available in the absence of fiduciary duties and are not available to holders of many types of property right. It argues that such claims instead presuppose a relationship of ‘control of assets’: where the defendant has a legal power to deal with some asset, correlating to a vulnerability to a loss of rights in that asset on the part of the claimant, and coupled with a duty not to exercise the power. It argues that relationships that have this formal structure also share normative characteristics that justify the subordination of defendant autonomy that has been shown to be at the heart of the tracing concept.

Understanding the risk of personal liability for employment discrimination law

2000 ◽  
Vol 27 (4) ◽  
pp. 43-55
Author(s):  
James Ledvinda ◽  
Jan W. Henkel ◽  
Kristin L. Walsh
Keyword(s):  
Employment Discrimination ◽  
Personal Liability

Datenschutzverstöße des Betriebsrats

2021 ◽  
Author(s):  
Lenas Tilman Götz
Keyword(s):  
Data Protection ◽  
Case Law ◽  
Considerable Importance ◽  
Eu Law ◽  
Daily Work ◽  
Numerous Data ◽  
Works Council ◽  
Liability Risks ◽  
Personal Liability ◽  
Responsible Party

The work takes a comprehensive look at the possible liability in the event of data protection violations by the works council or by individual works council members. The question is of considerable importance in practice because works councils have to deal with numerous data in their daily work. In addition, a personal liability of works council members is possible - even in spite of the alleged clarification in the context of § 79a sentence 2 BetrVG. After a fundamental discussion of the question of whether the works council can be the responsible party within the meaning of Article 4 No. 7 of the GDPR, the work deals with the admissibility of Section 79a sentence 2 of the BetrVG under EU law. The author comes to the conclusion that § 79a S. 2 BetrVG is not compatible with the requirements of EU law and may not be applied due to this illegality of EU law. Existing case law is also comprehensively evaluated in the process.Subsequently, all liability facts of the German Civil Code (BGB) as well as of the GDPR are illuminated. Finally, possible liability risks for employers are discussed. Due to numerous practical examples, the work is ideally suited for practitioners.

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