Bublienė, Raimonda

Straipsnyje nagrinėjama daugialypės tarpsektorinės diskriminacijos proble-matika darbo santykiuose. Atskleidžiami Darbo užmokesčio skaidrumo direktyvos aspektai daugialypės diskriminacijos kontekste, analizuojama įtvirtinta daugialypės diskriminacijos draudimo sąvoka ir galimas poveikis Europos Sąjungos antidiskriminacinės teisės vystymuisi. Taip pat pateikiamos Darbo užmokesčio skaidrumo direktyvos stiprybės, silpnybės ir galimybės. Įvertinama, kad daugialypė tarpsektorinė diskriminacija yra sudėtingas reiškinys, kuriam atpažinti būtina tinkama diskriminacinių pagrindų sąveikos analizė ir pažymimas atitinkamos palyginamosios priemonės parinkimo poreikis. Straipsnyje analizuojamos Europos Sąjungos Teisingumo Teismo nagrinėtos bylos, kuriose daugialypės tarpsektorinės diskriminacijos sąveikos klausimas liko neišspręstas, nes galimai trūksta teisinės doktrinos. Apibendrinant pateikiamos galimo daugialypės tarpsektorinės diskriminacijos vertinimo ir naujo požiūrio Europos Sąjungos antidiskriminacinėje teisėje įžvalgos.

The purpose of this paper is to analyse the legal regulation of cross-border commercial agency agreements in two main legal systems: civil law and common law. It should be noted that the legal regulation of international commercial agency agreements is fragmented; therefore, the general principles of agency law could be applied in order to propose sustainable solutions in international commercial agency relationships. In this paper, the authors consider the effectiveness of these general rules in commercial agency agreements and conclude that the lack of common international regulation for leads to the application of conflicting national rules that are not sufficient in aligning the sustainable interests of all parties of such complex legal relations.

In private law, fiduciary duties are in general linked to fiduciary relationships, i.e., when a fiduciary relationship exists, the parties are deemed to have corresponding fiduciary duties. However, this study shows that fiduciary relationships and fiduciary duties should not always be equated. This article seeks, first of all, to shed light on the interplay between fiduciary duties and fiduciary relationships, as well as to clarify which particular duties can be considered fiduciary. The authors then seek to reveal the specific cases in which fiduciary duties arise and explain their content to ensure the sustainability in these relationships governed by private law. Thereby, a conclusion is made that certain subjects of fiduciary relationships, such as, for example, the manager of the company, the bank and the trustee, have fiduciary duties, but this is not the case for, as an example, the insurer and the doctor.

In order to ensure the sustainability in agency relationships, the agent must act in accordance with the fiduciary duties, the breach of which presupposes the negative legal consequences on the side of the agent. The purpose of this article is to reveal the content of agent’s fiduciary duties and the legal consequences of their breach in Lithuania maefrom a comparative perspective. It is concluded that neither the legal regulation nor the case law in Lithuania discloses the content of the agent’s fiduciary duties and the legal consequences of their breach. Therefore, more detailed legal provisions would help to ensure a balance of the rights of the subjects involved in agency relationships.

The purpose of this paper is to analyse the legal regulation of international commercial agency agreements in selected jurisdictions. This research is conducted from a comparative perspective, explaining the problems of international commercial agency agreements in civil-law and common law legal traditions. The legal regulation of international commercial agency agreements is fragmented in many jurisdictions; therefore, the general principles of agency law are applied is this research in order to propose effective solutions. The authors conclude that the lack of international regulation for commercial agency agreements leads to the application of conflicting national rules that are not sufficient in aligning the interests in all parties of such complex legal relations.

Purpose – to reveal the problems of apparent and implied authority in the context of sustainable business relationships. Research methodology – the research is conducted from a comparative perspective, explaining the problems of apparent and implied authority in selected jurisdictions. Findings – authors conclude that apparent authority is the exclusive remedy available only where a link has been established between the circumstances of the principal and the reasonable belief of the third party. Implied authority cannot be equated with apparent authority, although case law often does not distinguish between these two categories. Research limitations – due to limited scope, this article does not address the ratification of unauthorised agent’s actions and the liability of falsus procurator. Practical implications – the research reveals that implied authority derives from the factual circumstances in which the agent acts and must be regarded as part of the actual authority, which presupposes that, unlike in the case of apparent authority, the implied representation does not qualify as one of the cases of unauthorised agency. Originality/Value – the significance of this study is linked to the development of reasonable rules for the application of apparent and implied authority in order to safeguard the legitimate interests of all persons involved in this complex relationship.

In the light of social and economic development multidimensional reality and inequality, the concept of multiple discrimination plays an important role in ensuring to achieve gender equality to stimulate employment and sustainability of business. Such situations in which a person is discriminated on several grounds emerge multiple discrimination. The multiple discrimination complexity redress gender intersectional inequality towards sustainable development and remains as a key challenge. The difficulty with the multiple and intersectional discrimination lies in the lack of awareness and consistent definition of multiple discrimination, patchy legal framework of antidiscrimination law and adequate judicial response. Therefore, one of Sustainable Development Goals encourage achieving gender equality and empowering all women and girls to ensure equality and non-discrimination, women’s full and effective participation and equal opportunities for leadership at all levels of decision-making in political, economic and public life. This article is deemed to provide a comprehensive analysis of the multiple, intersectional discrimination based on complex inequality and discusses case law of the Court of Justice of the European Union and European Court of Human Rights from a comparative perspective. Discuss the multiple discrimination interrelationship between the human and fundamental rights framework and the Sustainable Development Goals. A conclusion is made that recognition of the multiple, intersectional discrimination will be an efficient mean for further sustainable business development and combine all ground of discrimination especially in the case of complex inequality at the area of employment.

In this study, the authors have investigated supply and demand drug shortage causes and highlighted the collaborative business model in solving drug shortages. The aim of this research is to build a collaborative business model helping to investigate how to deal with drug shortages. The authors have included employee and patient relationship into collaborative business model. Following the analysis of the evolution of the term "business model", it is noted that the evolution of the term is closely linked to the development of B2(B2B) (McGlinchey and Toews 2017). In scientific literature there are mentioned more than 50 elements of the concept structure of the business model. In the study authors provided patient-centric business model and selected 9 main structure elements connected to the areas of key resources, key activities, and value system. The study consists of three parts. In the first one, the paper discloses the concept of a business model and the evolution of business models. In the second part, address the importance of links between distribution channel partners to solve drug shortage causes in distribution channel. The legal regulation provided in a good practice of supply of medicine in the chain and the right of the patients were highlighted to access to the goods and services. In the third part, the application of business model scenario in the pharma sector that might guarantee high level of protection of human health is presented. Herein several medical distribution channel scenarios are compared and their influence on drug shortage is presented. The research study is based on time horizon and event tree analysis.

The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.

Each contemporary economic system is based on the principle of work sharing in creation and distribution of goods and services, the legal reflection of which is the institution of agency. In business, unauthorised agency, i.e. cases when an agent acts without having authority or exceeding it, is particularly often. Though the principal usually is not legally bound by actions of such an unauthorised agent, but in fact legal acts of each country provide for exceptions from this rule. One of them is the ratification doctrine, which means that the principal can ratify the agent’s unauthorised actions. This article analyses, by applying the comparative method, in what cases and under what procedure the ratification rule can be applied and what legal consequences it creates. A conclusion is made that the ratification doctrine is an efficient means of implementation of interests and defence of infringed rights not only of the principal, but also of other persons involved in the agency relationship, which should not be subject to any form requirements, especially in business relationships.