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Purpose Money laundering (ML) is one of the greatest challenges, the global community faces today. Corporate entities such as financial institutions (FIs) are most susceptible to facilitate and launder money. The paper raises the following question: Who is to bear the burden of liability? Either a corporation or an individual, thus this paper examines liability issues in a corporate setting particularly financial institutions, which arise from regulatory noncompliance or failure to oversight in the context of ML. Design/methodology/approach The study is legal doctrinal mainly based on case laws, legislation and research articles. Findings Firstly, this study provides how the concept of liability in a corporate setting in UK and USA has drifted from its traditional “duty to care” standard to a new “duty to oversight” and “Responsible Corporate Officer” concepts resulting a shift in corporate to individual liability. Secondly, in the context of anti-ML violations in FIs, imposition of corporate or personal liability solely may not effectively deter ML and may create conflicts between management and shareholders. Practical implications The paper can be a source to explore the issue of ML liability for regulatory noncompliance based on UK, USA and Pakistan law. Originality/value This paper demonstrates that the imposition of either corporate or personal liability may create dilemma either for shareholders or management; however, a “combine or collective liability” approach carries potential to retard ML activities in FIs and balancing the harm-penalties incurred upon a corporation while addressing shareholders concerns.

I examine the relation between firms’ financial conduct and wage theft. Wage theft represents the single largest form of theft committed in the United States and primarily affects firms’ most vulnerable employees. I show that wage theft is more prevalent (i) when firms just meet or beat earnings targets and (ii) when executives’ personal liability for wage theft decreases. Wage theft precedes financial misconduct while the theft is undetected, but once firms are caught engaging in wage theft they are more likely to shift to engaging in financial misconduct. My findings highlight an economically meaningful yet previously undocumented way in which firms’ financial incentives relate to employee treatment.

This study examines whether personal liability for corporate malfeasance deters individuals from serving as independent directors. After the introduction of personal liability in India, we find that individuals are deterred from serving on corporate boards. We find stronger deterrence among firms with greater litigation and regulatory risk, higher monitoring costs, and weak monetary incentives. Expert directors are more likely to exit, resulting in 1.16% lower firm value. We further evaluate whether contemporaneous corporate governance reforms and market developments contribute to this deterrence. Overall, our results suggest that personal liability deters individuals with high reputational costs from serving as independent directors.

The present paper contributes to the understanding of impact of corporate scams and scandals and understanding the reason how these frauds and white-collar crimes impact the investors trust and business environment as a whole. When these scams occur the trust of investors break with each and every turnout. The impact of such corporate scams is not limited to the company where it took place but to each and every business, be it big corporate units or it be some small-scale businesses by directly impacting the stock exchange where the shares are listed. The authors have also tried to focus upon the issues and problems faced by the investors of the company while the company got involved in corporate scams and to figure out the responsible person of the company who will be held accountable in such kind of cases. The present study is limited to the extent of personal liability of a Director and too specifically in the cases of fraud and insolvency. White collar crimes are everywhere these days and that need to be treated as a growing branch of the Criminal law in India. With increase in the Globalization companies are growing and along with it the stakeholders of the company are also growing, any scam done will step back the investors to invest again and more in the company. Thereby with increase in the market share of a company the director of the Company has to establish an internal mechanism to tackle various white -collar crimes nurtured and how these are dealt in the court of law.

In 1991, two decisions passed by benches headed by Kuldip Singh J. marked an unprecedented shift to holding public officers personally liable to pay damages for arbitrary orders. The Supreme Court of India imposed damages to the quantum of fifty lakh rupees on Captain Satish Sharma, the former Minister of Petroleum and Natural Gas, for arbitrarily allotting fifteen petrol outlets out of his discretionary quota to allottees related to him or his officials. Similarly, Sheila Kaul, the former Minister of Urban Development, was ordered to pay damages of sixty lakh rupees for illegal allotment of shops from her discretionary quota to her associates. While the two decisions ushered in a revolution of personal liability in the arena of public law, one was overturned by a review judgement, and the other has been simply forgotten despite being upheld in the review petition. In light of the growing number and prominence of misfeasance by public officers, this article considers the need for rethinking the theory of personal liability to compensate the public or individual loss adequately, deter the officials and assess it as an alternative to traditional mechanisms of public accountability.

Buprenorphine-based medication-assisted treatment is a long-term strategy for individuals with opioid use disorder (OUD), a condition observed at disproportionate rates among incarcerated populations. Individuals with OUD are also at higher risk of overdose and death upon community reentry, necessitating effective interventions and care modalities targeted at this high-risk population. As support for buprenorphine in correctional health care increases, so do concerns surrounding personal liability for prescribers. This article seeks to identify problematic events related to prescribing buprenorphine to incarcerated individuals, clarify medicolegal implications, and provide recommendations for safe prescribing and administration within this unique setting.

Healthcare knowledge management systems have traditionally been developed, implemented, and utilized in very different spheres. A patient care system or provider portal is typically institutional in nature, provides historical data on physician or hospital visits and medical tests, with limited, if any, interfaces to the variety of comprehensive patient care websites, applications, and other publicly available tools. Social media, in contrast, may be organization based or public and contain information that is publicly available or exclusive to a selected community. Integrated platform support for both types of systems is not available for the pediatric oncology caregiver under a single interface. A review of literature has identified a void in understanding if broadening knowledge management systems can enable more effective pediatric oncology care practice. A survey of pediatric oncology professionals provided insights on willingness to use social media. Professional concerns, in part personal liability and patient security, represent initial findings. Based on these findings, a conceptual process framework to integrate patient portals and social media platforms is presented. The framework objective is to enable practical implementation for managers in organizations looking for a reliable, trustworthy, and secure knowledge management platform.

Abstrac t This research is intended to understand the purpose of the adoption of the doctrine of piercing the corporate veil ("PCV") and the concept of shareholders' personal liability in Law Number 40 of 2007 concerning Limited Liability Companies ("UUPT 2007"), and to measure the effectiveness of the legal protection This research is a normative juridical study conducted through library research and analyzed by qualitative research methods on secondary data by comparing with the application of the PCV doctrine in the Netherlands. The results of the study show s that the responsibility of shareholders in a PT is only limited to the number of shares they have in the company where the company itself becomes an independent legal entity separate from its shareholders. At present, the characteristics of limited liability and separate legal entities are often misused to create a shield for shareholders so that they can avoid personal liability for their illegal actions. Abstrak Penelitian ini ditujukan guna memahami tujuan dari diadopsinya doktrin piercing the corporate veil (“PCV”) dan konsep pertanggungjawaban harta pribadi pemegang saham dalam Undang-Undang Nomor 40 Tahun 2007 tentang Perseroan Terbatas (“UUPT 2007”), serta guna mengukur efektifitas dari perlindungan hukum yang diberikan melalui penerapan doktrin PCV tersebut. Penelitian ini merupakan penelitian yuridis normatif yang dilakukan melalui penelitian kepustakaan dan dianalisa dengan metode penelitian kualitatif atas data sekunder yang ditemukan, serta dengan melakukan perbandingan dengan penerapan doktrin PCV tersebut di negara Belanda. Hasil penelitian menunjukkan bahwa pertanggungjawaban pemegang saham pada suatu PT, hanya terbatas pada sejumlah saham yang mereka miliki di dalam perseroan dan perseroan itu sendiri menjadi badan hukum mandiri yang terpisah dari pemegang sahamnya. Saat ini, karakteristik pertanggungjawaban terbatas dan badan hukum yang terpisah ini sering disalahgunakan untuk menciptakan tameng bagi para pemegang saham agar mereka dapat menghindar dari kewajiban pertanggungjawaban secara pribadi atas perbuatan melawan hukum yang mereka lakukan.

The paper aims to clarify and determine the definition of liability for tax evasion (financial, administrative. and criminal); to identify the main legal and financial problems of different types of liability in Ukraine; to define possible ways of solving these problems based on the law and economics theory and foreign legal experience of the countries that have already implemented corporate liability for tax evasion (the USA, the UK). The study investigates the gaps in legislation that enable tax violations and do not motivate corporations and managers to deter crime, including the uncertainty of legislation on types of liability and its non-compliance with international practice; a low level of fines for tax violations and a low level of criminal liability qualification; absence of corporate liability for tax evasion, which is essential to deter crimes; the lack of reporting and whistleblowing due to the low security level. It is grounded that the range measures has to be taken to reduce the number of tax offences and increase the effectiveness of tax penalties in Ukraine. It is necessary to create preconditions for financial and administrative liability application instead of criminal liability. There is a need for introducing a strict corporate administrative and criminal liability for tax evasion. The government has to increase the limits of criminal liability since they are too low compared to international practice. The strong legislative system of whistleblowers’ protection is needed to ensure the reporting of wrongdoings. Article received 27.04.2018

A shipowner who contracts to carry goods under a voyage charter will want to secure three things: payment of the full freight and any deadfreight; payment of any demurrage or damages for detention that may accrue; to be indemnified in respect of any loss or damage caused by the carriage of cargo with undisclosed dangerous characteristics. The means of linking the contracts is through express words in the bill of lading incorporating the terms and conditions of the voyage charter. Such a bill of lading is a "charterparty bill of lading". The voyage charterer's liability will be under the voyage charterparty, subject to the operation of any cesser clause. There are three remedies which may be available to the shipowner against the bill of lading holder: the lien on cargo; the lien on sub-freights; personal liability under the contract contained in, or evidenced by, the bill of lading.

The article discusses the framework of liability for anti-competitive conduct of a genuinely independent third party as set forth in relevant judgments. It refers to concepts of third party liability in the light of the principle of personal responsibility developed by doctrine and jurisprudence. The CJEU has set out important rules relating to liability of an undertaking for actions of its independent service provider. However, it still left some important issues unresolved. The paper focuses on the test for the attribution of anti-competitive conduct of a service provider and refers to its interpretation and application. It questions whether the introduced test provides sufficient legal certainty for undertakings. It briefs on the steps that must be taken by undertakings to distance themselves from an infringement and offers some suggestions how to limit or prevent exposure to liability.

Directors' and officers' (D&O) legal liability insurance releases directors and officers from the threat of litigation and personal liability stemming from their decisions on behalf of the corporation. While researchers have examined some of the determinants of internal control weaknesses, it is not clear whether excess D&O coverage motivates managers to weaken the quality of firms' internal controls. This study examines whether excess D&O coverage affects the effectiveness of internal controls. Based on a sample of Taiwanese listed firms for the period 2008 to 2012, we find that firms with excess D&O coverage exhibit a greater likelihood of internal control weaknesses. This finding is driven primarily by company-level weaknesses rather than by account-level weaknesses. Because the disclosure of D&O insurance may convey additional information about managers' actions, our findings have implications for other emerging markets.

Based on a survey of Australian engineers (n = 275) this paper examines the impact of personal liability considerations on engineering decision-making. Almost all respondents who make high-stakes decisions saw questions of liability as having both positive (90%) and negative (87%) impacts. Our analysis shows that awareness of personal liability acts to focus the attention of many engineers on the moral dimension of their work. However, it also encourages more expensive decision-making, inhibition of innovation and professional paralysis. We argue that while personal legal liability is a legitimate way to focus engineers' attention on the potential impact of their work, a problem arises when decision-makers are held responsible for disasters over which they had little control. The focus then shifts to 'defensive engineering' practices that are aimed at limiting individual liability rather than disaster prevention. Legal processes that are seen to unfairly allocate blame do not encourage practices that support future disaster prevention.

Standard contract in electronic transactions in the business-to-consumer as contractonline is offered by business actor to consumers in the form of ‘take it or leave it’. Almostall standard contracts in electronic transaction cannot be negotiated. These contracts arebusinesses utilized to circumvent and ignore the rights of electronic consumers. This electronictransaction has its own characteristics when compared to conventional transactions. Basedon the principle of contract freedom, then the contract can be made in any form and bindingas law for the parties. Therefore the consumer protection should be equated with consumerconducting transactions conventionally. Under the provisions of UUPK stated that businessesare prohibited from creating a standard clause in the contract that the form of the transferof responsibility. Consequently, the violation of the provisions of the standard clause thathas been set by the business is declared null and void. The principle of responsibility is alsoadopted in principle of the presumption of UUPK is to always be responsible (presumptionof liability principle) by the burden of reversed proof. For greater protection for consumersin electronic transactions, it is right in Indonesia to implement the principle of absoluteliability in providing maximum legal protection for consumers in transactions in cyberspace.Keywords: Business Actors, Electronic Transactions Consumer, Contracts Materials

This article analyses how one of the aspects of law (little discussed in the literature) is as a series of techniques in practice which facilitate the activities of the current model of capitalism. Commonalities are drawn between traditional trusts law and offshore trusts law enabling tax avoidance; company law and the extraction of value from businesses (as with BHS); how corporate governance failures in UK company law enable the avoidance of personal liability (as with Carillion and Enron), and their comparison with the regulation of banks; and how the concept of ‘industrial democracy’ set out in the 1970s enables a different way of modelling these legal techniques. This article prefaces in a little more detail the work of the Corporate Governance Policy Review which I am leading for the British Labour Party in 2018.

This study aims to examine the theories, regulations, and practices at the commercial court in Indonesia regarding the possibility of charging director of limited liability companies (LLC, Perseroan Terbatas(PT)) with personal bankruptcy as a form of personal liability due to mismanagement causing the company to go bankrupt. This is an interesting issue to study because, in general, the rights and obligations of the company, and specifically LLC in this article, are separated from the rights and obligations of the directors. Therefore, the company’s liability cannot be requested upon its directors’ personal liability. Nonetheless, this general principle is revocable if the director makes an error which causes the company to go bankrupt. This study uses the normative (doctrinal) legal research method with statute approach, conceptual approach, and cases approach. The study results revealed that directors could be asked for personal liability if they create problems which lead to a company going bankrupt. The director's liability comes in the form of the obligation to file bankruptcy for the director him/herself. In this study, several cases were found that punished the director with the director's personal bankruptcy, like in the case of personal bankruptcy of director PT QSAR and in the case personal bankruptcy of director of PT CHK.

This chapter examines the personal liability of third parties when there is a breach of trust or breach of fiduciary duty. It explains that there are two types of personal liability of third parties. One is receipt-based liability when a third party has received property in which the beneficiary or principal has an equitable proprietary interest and the other is accessorial liability when the third party has encouraged or assisted a breach of a trust or fiduciary duty. The elements of different causes of action relevant to receipt-based liability and accessorial liability are examined, notably the action for unconscionable receipt and the action of dishonest assistance. The controversial question of whether liability should be strict or fault-based is considered and, if the latter, the nature of the fault requirement.

I examine the relation between firms' financial conduct and wage theft. Wage theft represents the single largest form of theft committed in the United States and primarily affects firms' most vulnerable employees. I show that wage theft is more prevalent (i) when firms just meet or beat earnings targets and (ii) when executives' personal liability for wage theft decreases. Wage theft precedes financial misconduct while the theft is undetected, but once firms are caught engaging in wage theft they are more likely to shift to engaging in financial misconduct. My findings highlight an economically meaningful yet previously undocumented way in which firms' financial incentives relate to employee treatment.

Unlike in common law jurisdictions, managing directors (Geschaftsfuhrer) of German Limited Liability Companies (Gesellschaften mit beschrankter Haftung, GmbHs) as well as Management Board Members (Vorstande) of German stock corporations (Aktiengesellschaften, AGs) are not considered as employees under German employment law. On the contrary, they work under “service agreements” which in addition to their office and role as organ of the company stipulate the terms and conditions of their contractual relationship. This chapter deals with the specific role and office of these key managerial employees, their respective duties and obligations under German law as well as their liability. This includes cases of alleged mismanagement and the respective personal liability of managing directors or board members in Germany. In connection with the personal liability of managing directors we will also briefly cover the issue of Directors and Officers (D&O) insurance coverage for top management.

This paper analyses the issue of dealing with the new virtual secondary insolvency proceedings according to Article 36 EIR (recast). Currently, it appears the most urgent question for insolvency practitioners (IP) is the preparation of such virtual proceedings. As the undertaking requires comprehensive preparation, also in order to avoid personal liability pursuant to Article 36(10) EIR, the article outlines first steps for preparation. If these first steps fail, the undertaking does not even reach the next step: the proposal and approval. Hence, on the one hand the IP must take the preparation seriously; on the other hand, the court should grant appropriate time for the preparation if requested by the IP pursuant to Article 38(3) EIR mutatis mutandis.

This article analyses trends in the development of the commercial insurance market in Poland and in Lithuania over the last decade. The insurance market changed in the 2002-2011 period. Those changes can be seen in various fields of commercial insurance. Data on the number of insurers, total premiums written, and the trends in claim payments and claim ratios were used to perform a market trend analysis. It should be emphasized that Poland experienced the results of the financial crisis in the insurance market later than Lithuania, which is visible in specific ratios under analysis. In Lithuania, in terms of insurance expenditures, non-life insurance products are definitely more popular, while in Poland life insurance plays the most important role. Poles buy most life insurance from group 1, and Lithuanians from group 3. In the case of non-life insurance, motor vehicle insurance (third-party liability insurance and casco (collision/personal liability insurance)) and property insurance are the leading forms of insurance purchased by both Poles and Lithuanians, as well as other Europeans.

Although advances have been made in the diagnosis of and therapy for cardiovascular disease, this has not come without risks. This risk includes a 3-fold increase in patient medical radiation exposure over the past 25 years [(1)][1], with all imaging areas challenged to reduce patient dose [(2)][2

The events seem ordinary enough. In Texas, a teacher and principal stop a second-grader from sharing with her friends pencils that have “Jesus” embossed on them. A high school in New York does not ...

Even if a trust beneficiary successfully traces misappropriated trust property, he will only be entitled to a proprietary remedy against a stranger, who retains possession or control of the trust property. The beneficiary's proprietary claim will fail if the stranger received the trust property, but has not retained it. However, the beneficiary (or the trustee) may be able to bring a claim against the stranger personally if the receipt was wrongful. This chapter analyses the circumstances in which a stranger may be personally liable in equity for analogous wrongs. After providing an overview of who strangers are, it examines a number of policy considerations and practical measures designed to give strangers some degree of protection. The chapter also looks at trusteeship de son tort, personal liability in equity for receipt, and equitable liability for assistance in a breach of trust.

On 6 May 2015, Georgian Supreme Court decided that shareholders and directors of a Limited Liability Company can be held jointly and personally liable for the tax obligations of the company. This Decision lays ground for the development of corporate veil-piercing doctrine in Georgia and at the same time extends creditors' right to have recourse to directors if the damage was incurred due to the breach of fiduciary duties.

EnglishDespite a widely held view among legal academics and legislators, directors and senior managers of insolvent banks have only rarely been held liable under civil or criminal law in the aftermath of the global financial crisis. Against this backdrop, it is questionable if civil and criminal law sanctions can be said to have compensated for the damage done, let alone reduce incentives for excessive risk-taking preventively. Focusing on the relevant develop- ments in German law, the present article examines possible reasons. It concludes that personal liability may effectively address breaches of specific duties, but are less well-suited when dealing with systematic underestimation of risks of the sort characteristic for pre-crisis markets. DeutschUngeachtet vielfacher Forderungen in Rechtswissenschaft und Rechtspolitik nach einer Haf- tung von Geschaftsleitern insolventer Banken fallt die Bilanz der zivil- und strafrechtlichen Aufarbeitung der Finanzkrise (nicht nur) in Deutschland ernuchternd aus. In kaum einem Fall ist es zu Verurteilungen gekommen. Ob die kompensatorischen und praventiven Wir- kungen von Haftungssanktionen erreicht worden sind, ist daher mehr als zweifelhaft. Der Beitrag geht den Grunden hierfur nach und entwickelt die These, dass zivil- und strafrecht- liche Sanktionen zwar Verstose gegen konkrete Verhaltensge- und -verbote, nicht aber eine systematisch verzerrte Risikowahrnehmung im Markt insgesamt zu erfassen geeignet sind.

Modern company laws have governance rules that are designed to promote good decision-making by a company’s directors and officers for the benefit of the company and its owners. In large part, this result is achieved by imposing fiduciary duties on these company managers. The rules concerning these duties have two important components that stand in tension with each other. First, they make the managers accountable for their actions and expose them to personal liability if they breach their duties. Second, modern rules about fiduciary duties also protect managers, so the fear of personal liability does not unnecessarily compromise their business judgment or lead them into making overly conservative decisions. Modern company laws strive to refine their system of director duties, so these two components are properly balanced.

Where a fiduciary receives a bribe or a secret commission in breach of fiduciary duty it remains controversial whether the bribe or secret commission will be held on constructive trust for the principal. The Court of Appeal has held that in most cases there will only be a personal liability to account. That is incorrect. The duty of the fiduciary is to serve the interest of the principal to the exclusion of his own interest. A fiduciary who keeps a profit for himself abuses the trust and confidence placed in him by the principal. He is bound to hand it over to his principal the moment he receives it. Equity's response to a breach of this duty is to enforce the duty by means of the constructive trust.

Personal liability insurance is still not popular as a way to cover accidental injury or damage to the property of a third party. The aim of the conducted research was to identify the limit of coverage and popularity of personal liability insurance on the Polish insurance market. This article presents the number of insurers offering personal liability insurance, the number of policies and the gross written premiums from 2004 until 2009. In depth analysis of the personal liability insurance, general conditions was conducted and the popularity of personal liability insurance among the employees of the Marshal's Office in Olsztyn was surveyed.

Construction professionals owe duties of care and skill to clients in both contract and tort. Usually the principal or the corporate employer takes responsibility for employees' negligence under the principle of vicarious liability. But analysis of court judgments from England, New Zealand, Hong Kong and Florida (USA) reveals circumstances in which professional employees might attract personal liability to the firm's client, despite an apparent lack of contractual or tortious relationship with that client. Professional employees of unincorporated businesses might be more exposed to this risk than employees of incorporated businesses. Factors causing professional employees to be uninsured include lack of contractual privity between client and employee and absence of compelling rules or statutes. Professional employees seem unaware of these risks. Increased awareness of these risks could encourage employees to take out insurance but clients will resist paying twice to insure the negligence of both principal...

New procedures and materials for incontinence and prolapse are proliferating rapidly. Surgical procedures were developed by physicians and carried their names, but over the last 15 years, these procedures are developed by industry and bear the trade names of the companies selling the kits needed to perform them. The Food and Drug Administration (FDA) approves devices, not procedures, and does not require submission of efficacy or adverse-event data to gain this approval by the 510-K process. Evidence-based medicine is lacking in the performance of these procedures that may be considered experimental by an insurance company or malpractice carrier with denial of payment or coverage. Physicians and hospitals are exposing themselves to financial, legal, and ethical risks when performing or allowing such procedures to be performed. Informed consent from the patient cannot be obtained. We must not confuse medical marketing with evidence-based medicine.

Limited access to bank branches excludes over one billion people from accessing financial services in developing countries. Digital financial services offered by banks and mobile money providers through agents can solve this problem without the need for complex and costly physical banking infrastructures. Delivering digital financial services through agents requires a legal framework to regulate liability. This article analyses whether vicarious liability of the principal is a more efficient regulatory approach than personal liability of the agent. Agent liability in Kenya, Fiji, and Malawi is analysed to demonstrate that vicarious liability of the principal, coupled to an explicit agreement as to agent rewards and penalties, is the more efficient regulatory approach.

The final chapter splits its focus between two related issues with different sources of authority. First, the concept of private lawsuits will be explored. In particular, the concept of personal liability in the wake of serious illness or death following a foodborne illness will be explored. Any discussion of private lawsuits would not be complete without describing the recent onslaught of litigation related to labeling claims. Second, the basis for criminal liability under the FD&C and FSIS enabling acts will be reviewed. Together private lawsuits and criminal liability represent the ultimate penalty for food law infractions. Private lawsuits, however, are rooted in State law, and the reach of such actions are limited by preemption. There is no provision in any federal food law authorizing a lawsuit or passing the baton of enforcement. Criminal lawsuits remain tethered to the enabling acts discussed in previous chapters. Instead of warnings and seizures, the consequences are severe even for corporate officials acting in their official capacity.

Under the new Compliance Program Rules, each U.S. registered investment adviser and U.S. registered investment company was required to designate a Chief Compliance Officer (“CCO)” by October 5, 2004. The CCO title is expected to carry supervisory responsibility for many of the newly appointed officers, which may lead to personal liability if they are charged with a failure of the duty to supervise. As a result, there is renewed interest in the standard of care applicable to supervisory personnel of investment advisers and the manner in which they may be insulated from regulatory liability for claims of failure to supervise persons under their control who violate certain federal securities laws (“Federal Securities Laws)”.

Summary Objectives: This study aims to emphasize legal pitfalls, especially the often underestimated liability issues for both clients of telemedicine and “tele-doctors”. The main relevance of telemedicine lies in its capability to link medical practitioners and remote hospitals to larger or specialized facilities in a very fast electronic manner. This may become even more important due to current increases in subspecialization and the demand for more precise diagnosis and consultation in difficult cases. However, every potential user or client of telemedicine should keep in mind that several questions of law are involved. Methods: In this paper, two case studies representative of practical teleneuropathology scenarios are described. The assessment of the legal implications is focused on the personal liability of the teleneuropathologist. Results: The far-reaching personal liability of the teleneuropathologist can lead to situations in which neither the insurance of the hospital nor the private professional liability insurance could be called on to refund possible damages for health impairments of a patient. Conclusions: In Germany, a contractual exclusion of liability in health matters is not admissible. With regard to the European situation, international agreements such as a European telemedicine law could be conducive to the future border-crossing development of telemedicine though, to date, the legal competencies remain with the single member countries of the European Community.

EnglishThe paper concerns the scope of private autonomy, which is a fundamental issue of company law as well as of private law in general. In accordance with the focus of the ZGR symposium the topic will be dealt with here with regard to partnerships. Thus the article examines the limits that legal rules set to the partners‘ contractual freedom when setting up and running their partnership. This issue comes up in very different situations. It is mainly, but by no means exclusively, relevant for agreements that concern the internal relationship between the partners. In order to systemize the wealth of situations in which the question arises the contribution suggests to distinguish between three main aims of legal rules that limit private autonomy, which are the protection of the partners, of creditors and of the institution. The latter goal – protection of the institution – concerns those rules that are aimed at ascertaining an efficient and durable self-regulation of the partnership. Each of those three aims will be illustrated by an example. These are (i) the principle that a partnership needs a minimum of two partners, (ii) the requirements for an increase of the initial contributions, and (iii) the possibility to limit personal liability. This examination results in a very heterogenous picture with regard to the limits of private autonomy. In any case those limits should be determined by the actual need for protection or autonomy respectively. As far as the interests of creditors or the proper functioning of the institution are concerned there is only a limited power of parties to dispose of legal restrictions. This is true for the fiduciary duty as well even if this duty is based on the contractual agreement between the partners. Beyond the three examples mentioned above the article also deals with the legal treatment of clauses that allow for the arbitrary exclusion of a partner. Concerning such clauses the paper argues that a control of the initial effectiveness should take precedence over a mere control of their exertion. DeutschIm Folgenden geht es um eine Grundsatzfrage des Gesellschaftsrechts wie auch des gesamten Zivilrechts, namlich um die Reichweite der Privatautonomie. Dem Rahmenthema des ZGR- Symposiums gemas wird die Thematik hier fur das Personengesellschaftsrecht beleuchtet. Es geht mithin darum zu ermitteln, welche Grenzen der privatautonomen Gestaltungsfreiheit bei der Grundung und wahrend der Existenz einer Personengesellschaft gesetzt sind. Diese Frage stellt sich in ganz unterschiedlichem Kontext. Sie betrifft insbesondere, aber keineswegs allein die Ausgestaltung des Innenverhaltnisses der Gesellschafter. Um die Fulle der Einzel- falle zu systematisieren, wird im Folgenden zwischen drei Schutzzwecken freiheitsbeschran- kender Regeln differenziert: Schutz der Mitglieder, der Glaubiger und der Institution. Dabei ist der Institutionenschutz dahin gehend zu verstehen, dass die Funktionsfahigkeit der Ge- sellschaft, insbesondere eine dauerhaft effektive Selbstregulierung, sichergestellt werden soll. Fur die drei Schutzzwecke wird jeweils ein Beispiel herangezogen, namlich der Grundsatz der Mehrgliedrigkeit, die Anforderungen an eine Erhohung des vereinbarten Beitrags sowie die Moglichkeit von Haftungsbeschrankungen. Dabei ergibt sich hinsichtlich der Schranken der Gestaltungsfreiheit ein sehr heterogenes Bild. Ausschlaggebend fur die Grenzziehung muss jeweils der Umfang des tatsachlich bestehenden Schutz- bzw. Autonomiebedurfnisses sein. Sofern es um den Glaubigerschutz, aber auch den Institutionenschutz als uberindivi- duelles Interesse geht, unterliegen objektiv-rechtliche Schranken der Gestaltungsfreiheit nur in begrenztem Umfang privatautonomer Disposition. Dies gilt trotz ihrer gesellschaftsver- traglichen Grundlage auch fur die Treuepflicht. Jenseits der drei Beispielsfalle wird zudem die rechtliche Behandlung von Hinauskundigungsklauseln erortert; hier pladiert der Beitrag fur einen Vorrang der Wirksamkeits- vor der Ausubungskontrolle.

Context: Physicians need to consider medical-legal issues when volunteering their time to assist with community mass-participation and athletic events. This article also reviews medical-legal aspects of the volunteer physician’s out-of-state practice. Seven cases illustrate the importance of expertise and planning to avoid legal issues for the volunteer event physician. Evidence Acquisition: Relevant studies, expert opinion, medical-legal legislation, and medical-legal cases were reviewed. Results: Physicians typically make 4 common assumptions regarding these types of events: Good Samaritan legislation, event liability insurance, personal liability insurance, and waivers. We discuss the intent of these assumptions and the reality of how, or how not, they provide any protection to the volunteer event physician. Conclusion: The intent of this article is to make physicians aware of medial-legal issues when volunteering their time for community and athletic events.

This article explores the issue of committee members’ personal liability to third parties, the body corporate, and individual owners under both the Unit Titles Act 2010 (New Zealand), and at general law. The extent of this potential liability is significant and acts as a disincentive to service on body corporate committees. The law in this area is out of kilter with comparable areas of legal liability in both New Zealand and overseas strata title jurisdictions. This is a concern as bodies corporate cannot function without owner participation. Appropriate amendments to the Act are proposed and practical suggestions are made as to how the risk of liability being incurred by committee members can be minimised.