GC201311331 ART. Fraud and the general interest: the problems of misappropriation

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Abstract

Among the acts of fraud committed by corporate executives is the misappropriation of funds (abus de biens sociaux). This violation, contained in a specific provision in French law, seeks to protect the firm’s general interest (intérêt social). However the latter is not defined by the law. Is it the interests of shareholders, of the firm in general or of the firm against which the act of fraud has been committed? The law conflates it with the interest of the business as a legal entity. Accordingly, the interests to be protected reach beyond shareholders – in line with recent analyses and critiques of the agency theory. Taking the general interest into account in cases of misappropriation can also extend beyond the concept of a juristic person to cover the interests of the firm and its stakeholders.

978-2-7472-2101-6
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Past ten years, literature is an increasing number of works trying to identify the different levers to operate to encourage innovation within companies. In continuation of this work focused on the emergence of a "culture of innovation," the state of the art made ​​in this article allows us to bring about a feeling of "psychological safety" is the only means that:
- Members of the organization are not paralyzed by fear of failure and continue to offer bold initiatives,
- These players learn from the mistakes that will inevitably be committed during the innovation process and are able to no longer reproduce. We suggest, as such, some lines of thought to create a culture of "room for error" in organizations, starting with the consolidation of the reward and sanction systems by the inclination of the direction to "Legends" failures. We stress however that this may be possible in the context of American culture is not necessarily in that of French culture.

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