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Zakenethiek

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Zakenethiek
ETHIEK: EXAMENVRAGEN EN ANTWOORDEN

 Wat is de Napoleontische visie op het eigendomsbegrip?

→ De Napoleontische visie is een sterk geïndividualiseerde visie, die stelt dat vermogen slechts toebehoort aan één persoon. Zo ook is de onderneming dus eigendom van één persoon, de ondernemer –eigenaar. Bij verenigingen met aandeelhouders is de rechtspersoonlijkheid eigenaar. Juridische blijft de vennootschap gescheiden van de onderneming. Bijgevolg kunnen werknemers, leveranciers en klanten hun economische eigendomsrechten niet omzetten in juridisch eigendom. Dit model is pure fictie geworden, daar aandelen vaak verspreid zijn over verschillende andere vennootschappen. Aandeelhouders oefenen zo vaak te weinig controle uit op het dagelijkse bestuur.

 Leg uit: principe van onpartijdigheid in contracten. Waarom is dit vereist?

→ Het principe van onpartijdigheid is één van universele regels m.b.t het sluiten van contracten. Het wil zeggen dat een verkoper een beschikbaar goed met bepaalde kwaliteit onder gelijke omstandigheden aan koper A en B moet aanbieden, voor zover de voorraden dit toestaan uiteraard. Dit principe is vereist om het recht op mededinging te verzekeren en tevens weigering van verkoop tegen te gaan. Grotere klanten kunnen echter wel anders worden behandeld dan kleinere klanten, maar grote klanten onderling en kleine klanten onderling moeten gelijk worden behandeld.

 Wat bedoelt men met het caveat –emptor argument?

→ Het caveat –emptor argument is een stelling m.b.t productaansprakelijkheid, die stelt dat de rechten en plichten van koper en verkoper zich beperken tot het contract. Koper en verkoper zijn op de hoogte van de aard van het contract en de aard van het product, er werd geen bewust verkeerde voorstelling gegeven en er was geen dwang aanwezig. De verantwoordelijkheid ligt verder bij de koper, de verkoper is niet verantwoordelijk voor verdere eventuele schade. Dit argument neemt aan dat beide partijen het contract afsluiten als

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