Sunday, May 17, 2020
A History of the Napoleonic Code (Code Napoléon)
The Napoleonic Codeà (Code Napolà ©on) was a unified legal code produced in post-revolutionary France and enacted by Napoleon in 1804. Napoleon gave the laws his name, and they largely remain in place in France today. They also heavily influenced world laws in the 19th century. It is easy to imagine how the conquering Emperor could spread a legal system across Europe, but it might have surprised many of his day to know long it outlasted him. The Need for Codified Laws France in the century before the French Revolution may have been a single country, but it was far from a homogenous unit. As well as language and economic differences, there was no single unified set of laws that covered the whole of France. Instead, there were large geographic variations, from the Roman Law which dominated in the south, to a Frankish/Germanic Customary Law which dominated in the north around Paris. Add to this the canon law of the church which controlled some affairs, a mass of royal legislation which had to be considered when looking at legal problems, and the effects of local laws derived from parlements or appellate courts and trials, and there was a patchwork which was very difficult to negotiate, and which stimulated a demand for a universal, equitable set of laws. However, there were plenty of people in positions of local power, often in venal offices, who worked to prevent any such codification, and all attempts to do so before the revolution failed. Napoleon and the French Revolution The French Revolution acted as a brush that swept away a mass of local differences in France, including many of the powers that stood against codifying the laws. The result was a country in a position toââ¬âin theoryââ¬âcreate a universal code. And it was a place that really needed one. The Revolution went through various phases, and forms of governmentââ¬âincluding Terrorââ¬âbut by 1804 was under the control of General Napoleon Bonaparte, the man who appeared to have decided the French Revolutionary Wars in Franceââ¬â¢s favor. Glory Beyond the Battlefield Napoleon wasnââ¬â¢t just a man hungry for battlefield glory; he knew a state had to be built to support both him and a renewed France. Most important was to be a law code that bore his name. Attempts to write and enforce a code during the revolution had failed, and Napoleonââ¬â¢s achievement in forcing it through was massive. It also reflected glory back onto him: He was desperate to be seen as more than a general who took charge, but as the man who brought a peaceful end to the revolution, and establishing a legal code was a massive boost to his reputation, ego, and ability to rule.à The Code Napolà ©on The Civil Code of the French People was enacted in 1804 across all the regions France then controlled: France, Belgium, Luxembourg, chunks of Germany and Italy, and was later spread further across Europe. In 1807, it became known as the Code Napolà ©on. It was supposed to be written fresh, and based on the idea that a law based on common sense and equality should replace one based on custom, societal division, and the rule of kings. The moral justification for its existence was not that it came from God or a monarch (or in this case an emperor), but because it was rational and just. A Compromise Between Old and New All male citizens were supposed to be equal, with nobility, class, a position of birth all wiped away. But in practical terms, much of the revolutionââ¬â¢s liberalism was lost and France turned back to Roman law. The code did not extend to emancipating women, who were subjugated to fathers and husbands. Freedom and the right of private property were key, but branding, easy imprisonment, and limitless hard labor returned. Non-whites suffered, and slavery was allowed in French colonies. In many ways, the Code was a compromise of the old and the new, favoring conservatism and traditional morality. Written as Several Books The Napoleonic Code was written as several Books, and although it was written by teams of lawyers, Napoleon was present at nearly half of the Senate discussions. The first book dealt with laws and people, including civil rights, marriage, relationships, including those of parent and child, etc. The second book concerned laws and things, including property and ownership. The third book tackled how you went about getting and modifying your rights, such as inheritance and through marriage. More codes followed for other aspects of the legal system: 1806ââ¬â¢s Code of Civil Procedure; 1807ââ¬â¢s Commercial Code; 1808ââ¬â¢s Criminal Code and Code of Criminal Procedure; 1810ââ¬â¢s Penal Code. Still in Place The Napoleonic Code has been modified, but essentially remains in place in France, two centuries after Napoleon was defeated and his empire dismantled. It is one of his most lasting achievements in a country in thrall to his rule for a turbulent generation. However, it was only in the latter half of the 20th century that laws were altered to reflect equality to women. Wide Influence After the Code was introduced in France and nearby areas, it spread across Europe and into Latin America. Sometimes a straight translation was used, but other times large changes were made to fit local situations. Later Codes also looked to Napoleonââ¬â¢s own, such as the Italian Civil Code of 1865, although this was replaced in 1942. In addition, laws in Louisianaââ¬â¢s civil code of 1825 (largely still in place), derive closely from the Napoleonic Code. However, as the 19th century turned into the 20th, new civil codes in Europe and around the world rose to reduce the importance of Franceââ¬â¢s, although it still has an influence.
Wednesday, May 6, 2020
Procurement Process - 4057 Words
TABLE OF CONTENTS Page 1. INTRODUCTIONâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. â⬠¦ 1 1.1 Procurement and supply chain processâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 2 1.2 What benefits does Procurement provide to Project Management?.. 3 2. SELECTION OF SUPPLIERSâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 4 2.1 Identifying Potential Suppliersâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 5 2.2 Supplier Selection Methodâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 6 3. CASE STUDY ââ¬â NALEAP â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 8 3.1 Background â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.8 3.2 Public Procurement Process for selection of suppliers â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦8 3.3 NALEAPââ¬Ës Selection of suppliersâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦... 9 4. CONCLUSIONâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 12 BIBLIOGRAPHYâ⬠¦show more contentâ⬠¦This is important especially if the customer does not have an already established relationship with suppliers. The search should be limited to the area of focus that is the area in which the customer needs product or services. This can be done through various way such as catalogues, advertisements (expression of interest), direct sourcing among others Supplier contact: after gathering instructions then one can identify suitable suppliers and requests for quotation, requests for proposals, requests for information or requests for tender may be advertised, or direct contact may be made with the suppliers. This constitutes an offer to treat. From the given documents then the project manager can identify which supplier to use and thus send an offer. Background review: References for product/service quality are consulted, and any requirements for follow-up services including installation, maintenance, and warranty are investigated. Samples of the P/S being considered may be examined or trials undertaken. This just ensures the procurement is dealing with qualified persons to avoid shoddy deals that may cost the project dearly. Negotiation: Negotiations are undertaken after the supplier has been identified. During these negotiations the parties have to come to an agreement on aspects such as quantity, quality, price, availability, delivery, time and customization possibilities where need be. The result of this negotiation is a contract thatShow MoreRelated.2: Procurement And Process . Procurement Is The Process1669 Words à |à 7 Pages.2: procurement and process Procurement is the process by which organizations acquire goods, works and services. The procurement cycle involves planning, beginning with needs assessment through needs preparation, inviting offers, contractor selection, awarding contracts, executing and managing contracts, as well as final accounting and auditing. Procurement can therefore be viewed as a strategic component of supply chain management relating to satisfying customer or buyer needs. The procurementRead MoreProcurement Of Procurement Management Process999 Words à |à 4 PagesEvery project involves many different processes, tasks, and planning. 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This paper will discuss the procurement process, some of the benefits procurement offers a business, and the attributes a procurement professional should possess to become successful in the fieldRead MoreProcurement Management Approach For Human Procurement Process1470 Words à |à 6 PagesProcurement Management Approach No plans have been made to update this document unless the scope of the installation of Roof Membrane changes or any significant changes in APEX procuring processes are made. The Project Manager will notify any change to the project team members verbally and by email. Procurement Process APEX Sustainable Engineering Solutions uses a proven system to procure equipment, materials and services to meet the contractual requirements. Our employees work in cross functionalRead MoreThe Contract And Procurement Management Process1067 Words à |à 5 PagesBSBPMG416 Apply project Procurement procedures Parwinderjeet singh Student ID: UIT 07415 Assessment 1 1.Describe the Contract and procurement management framework as applied to project management ? The project procurement management processesRead MoreThe Medical Device / Equipment Procurement Process1138 Words à |à 5 PagesCOLLABORATORS In an effort to reduce healthcare costs, the landscape of delivering healthcare is shifting. The medical device/equipment procurement process is shifting its emphasis, as procurement officers at caregiving locations are given more power and influence in purchasing decisions. The responsibility of controlling costs in healthcare is no longer lies solely with procurement officers but has been increasingly extended to physicians. In 2015, 80 percent of physicians said they have personal responsibilityRead MoreProcurement process in small or Micro Enterprises.3033 Words à |à 13 Pagesï » ¿ Project Management Global Sourcing [Assignment 1] Procurement Process in Small or Micro Enterprise TABLE OF CONTENTS PAGE 1. INTRODUCTIONâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 3 2. BRIEF DESCRIPTION OF ORGANISATIONS â⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 4 3. POSITION OF ORGANISATIONS AND TWO MAJOR PRODUCTSâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦ 5 4. PROCURE TO PAY PROCESSâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦.. 6 - 7 5. SUPPLIER IDENTIFICATION AND SELECTIONâ⬠¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦Ã¢â¬ ¦. 8 - 10 6. STRESS TESTINGRead MoreProject Of A Commercial Environment- Hpro4004 Procurement Process1008 Words à |à 5 Pagesenvironment- HPRO4004-Procurement By Georgina Grant -1611161 Executive summary In this assignment I will be writing a formal report that will explain a typical procurement process, I will outline a variety of methods of supplier reimbursement and contract relationships; I will also outline the pros and cons of each contract type. As well as this, I will explain a typical supplier selection process through the use of Carters 10 Cââ¬â¢s and a typical selection process model. Read MoreVendor Selection Process Redesign Proposal For Procurement1046 Words à |à 5 Pages Peter Williams Date: July 16, 2015 Subject: Vendor selection process redesign proposal for procurement The purpose of this proposal is to improve or change the vendor selection process to purchase of goods and services from Third Party Company for production of company products. 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Business Society and Planet Public Relations
Question: Discuss about the Business Society and Planet for Public Relations. Answer: Sales and Marketing Manager: I have to think about the deal that was proposed by the Minister of Punjab. Our company has some ethical practices. If our company does not follow ethical codes of conduct, then the community might create a misconception about the company. I have to think other ways of getting the job done. What is your opinion? Sales Area Manager: I will agree with the opinion of the Minister of Punjab. According to me, giving a part of commission to him will not hamper the profit of the company. His support will help the company to penetrate into Indian market. Soft drinks market of India is huge. Coca Cola can make immense profit by selling its various ranges of products in the market. Sales and Marketing Manager: Okay, you have a point. However, I have to think over it. It is a huge responsibility for me. Creating agricultural jobs for 50,000 people in Punjab is not at all an easy task. The senior management of the company have to think over it. We have to think about fulfilling the requirements of the Indian government. Sales Area Manager: You have a point Sir. We have to rethink on the matter. It will be a big decision of the company to enter into the soft drinks market of Coca-Cola. Many factors we have to consider while taking the decision of market penetration. Sales and Marketing Manager: Exactly, this is the point I am thinking about. We have to analyze both the requirements of the company and Punjab government in order to enter a joint venture with the Punjab government (Pop et al. 2014). Sales Area Manager: Well, I think that we should propose a meeting with the marketing and sales team along with the strategic management team. Their opinion is also required for making this decision. However, CEO is in favour of the proposal of the Minister of Punjab. After a moment of thinking with the proposal of Sales Area Manager, he agreed to the meeting with the other operational managers of the company. Sales Marketing Manager: Ok man. Go ahead with the meeting. Inform the managers about the issue of the ethical dilemma and send a mail regarding the timing of the meeting. Make sure that every manager must attend the meeting. It is of first priority. Sales Area Manager: Yes Sir. I will do it accordingly. I am sending the mail to the managers of the branch regarding the meeting and informing them to gather at the conference hall. Sales Marketing Manager: Ok. Do whatever you want. Make them gather at a place as soon as possible. I have to discuss the issue with them. Opinion of the managers is also very important. Well in this meeting, I will also get to know about their awareness level regarding the ethical code of conduct of the company (Frederick 2013). Few hours passed. The managers of the branch gradually gathered at the conference hall. Everyone is discussing about the market penetration of Coca Cola in India. Sales Marketing Manager arrived at the location within a while. Sales Marketing Manager: Hello managers. A very good afternoon to you all. Hope all of you are doing well. I assume that everybody know about the topic of discussion in the meeting. Well, before starting the meeting, I want to give you a brief regarding the topic. After the briefing, I would expect about your valuable opinion regarding the ethical issues faced by the company in terms of market penetration. After the meeting is over, the marketing manager is surprised after hearing the opinions of the managers regarding the ethical issues. He thinks of discussing the matter with the CEO of Coca Cola. In the meanwhile, CEO asked the manager about his opinion regarding the expansion of the company in Punjab. CEO: Manager, what is your decision related to our Punjab government joint venture. I have heard that you have headed a meeting over the office. Can you provide the details of the meeting you have done with our branch managers. What are the points that the branch managers have raised about the joint venture? I want every details of it. Sales Marketing Manager: Yes sir, i will convey each details of the conference. Sir, I am surprised that our managers do not have a clear conception about the ethical codes of conduct. CEO: Why are you surprised man? What happened? What did the managers say about our ethical codes of conduct? Just tell me everything about it. Sales Marketing Manager: Surely, sir, I have noticed that the managers do not have any basic conception about the new policies of ethical codes of conduct. Hence, the opinions they are giving regarding our joint venture cannot be considered. Since our company follows participative leadership, another meeting should be conducted related to the issue of joint venture with the Punjab government (Stone 2013). CEO: Is it really so? Our managers do not acquaint the new policies. We have to inform the message to the human resource department. The HR managers will have to formulate a training and development program with an objective to convey the new improved ethical codes of conduct of Coca Cola. Otherwise, they will not be able to take any decision related to the expansion of the company or any other decisions related to clients (Kaptein 2013). Sales Marketing Manager: Definitely Sir. I will take care of the matter. You can trust me. I am assuring you that this matter will be solved within few days. At this very moment, i will focus on the joint venture. I have to discuss the matter to the Strategic management team. CEO: Surely. Let me know what are their opinions regarding 50,000 agricultural jobs in Punjab. Sales Marketing Manager: Yes sir, I will let you know. Sales Area Manager comes to the office of the Sales Marketing Manager. He again pushes the marketing manager to accept the proposal of the Minister of the Punjab. However, Sales Marketing Manager decides to have a conversation with the Minister of Punjab. Sales Marketing Manager: Hi, this is Jitender Singh, Sales and Marketing Manager of Coca Cola. Can I have a word with the Minister of Punjab? Minister of Punjab: Yes speaking. How are you doing? Sales Marketing Manager: I am doing well. Thank You. I have called you regarding the 50,000 agricultural jobs in Punjab. Is it the right time to talk to you? Minister of Punjab: Yeah Sure. What is your companys decision regarding my deal? Is it fair enough? What is your CEO is telling regarding my proposal? Sales Marketing Manager: Sir, I wanted to tell you that we respect your proposal. However, our company has some ethical codes of conduct that does not support your proposal (Seele and Lock 2015). Will you agree to complete the deal with another means except the commission? Minister of Punjab: No, it is not possible for me. I want jobs in the agricultural sector of Punjab, which your company is providing. The deal is final and I want commission to grant the joint venture between the Punjab government and Coca Cola. Sales Marketing Manager: Ok sir. We will let you know about the decision of the company. Thank you for your valuable time. Within this telephonic conversation, the Sales Area Manager enters. Sales Marketing Manager informed about the telephonic conversation between him and Minister of Punjab. Sales Area Manager: I have already told you sir that the Minister of Punjab will not agree with our companys proposal. The company will face many political hindrances if it rejects the proposal of the Minister. Political dearth of Punjab is high. I think that Coca Cola should agree to provide commission to the Minister (DiStaso and Bortree 2014). Sales Marketing Manager: You might be right. Well manager I have to rethink over it, as it violates our ethical conduct. It is a very critical decision for our company to maintain the image of the brand in the Indian market. Sales Area Manager: I agree with your point Sir. We should consult about the conversation with the strategic management department and the CEO. Sales Marketing Manager: Yes, I am thinking of informing the matter to the board and senior management of the company. After thinking for a while, Sales Marketing Manager called CEO. Sales Marketing Manager: Hello Sir, Jitender here. CEO: Yes Jitender. Sales Marketing Manager: I want to have an appointment with you. I had a word with the Minister of Punjab regarding our expansion strategy in Punjab. CEO: Yes. What did he said about our policies? Will he convince with our proposal? Sales Marketing Manager: No, Sir. CEO: Well, I think that we should provide 10% commission to the Minister in order to avoid any political disturbances. It is not following our ethical codes. However, it is mandatory. Sales Marketing Manager: Perhaps you are right. This joint venture is very essential for our company. India is a country with huge population. We will earn a substantial profit by selling our all ranges of product in the market. References DiStaso, M.W. and Bortree, D.S., 2014.Ethical practice of social media in public relations. Routledge. Frederick, R., 2013. Global Business Ethics.The International Encyclopedia of Ethics. Kaptein, M., 2013. Business Codes of Multinational Firms: What Do They Say?. InCitation Classics from the Journal of Business Ethics(pp. 525-547). Springer Netherlands. Pop, N.A., Dabija, D.C. and Iorga, A.M., 2014. Ethical responsibility of neuromarketing companies in harnessing the market researchA global exploratory approach.Amfiteatru Economic,16(35), pp.26-40. Seele, P. and Lock, I., 2015. Instrumental and/or deliberative? A typology of CSR communication tools.Journal of Business Ethics,131(2), pp.401-414. Stone, R.J., 2013.Managing human resources. John Wiley and Sons.
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