JUDICIAL REVIEW OF THE DISPUTE SETTLEMENT BY THE COURT INSTITUTION BETWEEN THE FOUNDATION AND ITS MANAGEMENT
The organ of the foundation legal entity runs the function of the foundation; therefore the management action should not be based on their personal matters, but supposed to be for and on the behalf of as well as under the responsibility of the foundation. The problem of the research, first, how is t...
| Main Authors: | , , |
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| Format: | Article |
| Language: | English |
| Published: |
Technopress
2022-12-01
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| Series: | Journal of Public Administration, Finance and Law |
| Subjects: | |
| Online Access: | https://www.jopafl.com/uploads/issue26/JUDICIAL_REVIEW_OF_THE_DISPUTE_SETTLEMENT_BY_THE_COURT_INSTITUTION_BETWEEN_THE_FOUNDATION_AND_ITS_MANAGEMENT.pdf |
| Summary: | The organ of the foundation legal entity runs the function of the foundation; therefore the management action should not be based on their personal matters, but supposed to be for and on the behalf of as well as under the responsibility of the foundation. The problem of the research, first, how is the dispute between the foundation and its management? Second, how is the dispute settlement between the foundation and its management by the court institution? The purpose of this research is to know the dispute between the foundation and its management during the internal conflict of the dismissal, replacement and appointment of the foundation management and the procedure of the dispute settlement between the foundation and its management by District Court Institution and the State Administrative Court. If it is found that one manager committed an act which possibly harm the foundation, then according to the agreement of the council meeting, the manager should be dismissed, this matter trigger the internal dispute in the foundation. This settlement should be resolved by filing a lawsuit from the manager who had been dismissed based on the unlawful act of the foundation. This is normative research with qualitative analysis. The summary of this research is that the settlement between the foundation and its management caused by the implementation of the foundation activities is not in accordance with the applicable laws and is not based on the implementation of the article of the association of the foundation, resulting in violation, the dispute settlement between the foundation and its management by the court institution is one of the alternative that can be used and it mentioned in the provision of the foundation, depending on the types of the dispute, the object of the dispute to be settled in front of the court. |
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| ISSN: | 2285-2204 2285-3499 |