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• General Partnerships and the Fiduciary Duty in the US Legal System

  58-67

  Márta Plásztán-Brehószki

  Views:

  247

  The law of fiduciary duty is as old as common law. It is the key element of the law of equity. The agency relationship creates a fiduciary relationship between the parties, which means that the fiduciary (agent) is subject to the direction of the one on whose behalf he acts (principal). This high standard of conduct – in the scope of the agency relationship – has become a separate liability form in the common law countries and has appeared not only in company law but in other parts of civil law as well. This paper presents the development and the basic elements of fiduciary duty in the field of general partnerships.

• Fairness in the Taxation System

  52-66

  Csaba Szilovics

  Views:

  135

  Studying the fairness of taxation is not separable from the general emergence of the social fairness, but some features of its own could be determined. In this paper I examined the problem of the fairness of taxation and drew up the details of the optimal tax system. One single chapter was devoted to the analysis of the relation between the notion of fairness and equity and another was devoted to the analysis of the question of sameness, which is necessary for the understanding of the fairness of taxation.

• Law of Sustainable Development

  11-30

  Gyula Bándi

  Views:

  301

  Sustainability or sustainable development as an objective or as a definitions is wirely used since the 1992 Rio Conference on Sustainable Development. There are many attempts to clarify the content of it, most of them covering inter- and intragenerational equity, integration, the different means and methods of long-term thinking. While it is still a controversial question, it is also difficult or even harder to specify the legal content of such a policy matter. The law of sustainable development shall be able to meet the challanges of clarity, enforceability, thus one should try to be more specific then it is acceptabel in the wider the political context. Several international documents, conventions, even EU legislation wants to come closer to the problem. If we wish to translate the content into the legal language, then there are some elements of such a legal system, which we would like to underline: inter-generational equity and right to environment, public participation, cooperation, integration, precaution and subsidiarity. There is also a newly emerging element of the legal understanding – imported from ecology –, which needs greater attention today, that is resilience.