The duty of loyalty in the cooperative law. A comparative study

Among the duties of the government bodies’ members of the different entities, which are connected to the good government, the duty of loyalty must be underlined. This duty, derived from the good-faith duty, obliges to act in the interest of the entity in case of conflict of interest, and to subordinate one’s own interests, except when there is an authorisation. Loyalty duty is applicable both to managers, who must manage the entity’s interest, and to partners, according to the common purpose derived from the company contract. This duty, at the same time, includes some particular rules, referred to transparency, remuneration, prohibition of competition, self-contracting... This essay compares the regulation of the duty of loyalty and its realizations in the different Cooperative Laws in Spain, both referring to the managers and to the partners, comparing this, at the same time, with the regulation of these aspects in companies’ general legislation, an in the Spanish Corporate Enterprises Act in particular, in order to obtain a general view of the issue, a necessary basis to go more deeply into it, and suggesting some preliminary conclusions or assessments.

The Architecture of Seduction: An Analysis on Digital Architectures within Consumer Society

Currently new digital tools used in architecture are often at the service of a conception of architecture as a consumer society’s cultural good. Within this neoliberal cultural frame, architects’ social function is no longer seen as the production of urban facts with sense of duty, but as a part within the symbolic logic that rules the social production of cultural values as it was defined by Veblen and developed by Baudrillard. As a result, the potential given by the new digital tools used in representation has shifted from an instrument used to verify a built project to two different main models: At the one hand the development of pure virtual architectures that are exclusively configured within their symbolic value as artistic “images” easily reproducible. On the other hand the development of all those projects which -even maintaining their attention to architecture as a built fact- base their symbolic value on the author’s image and on virtual aesthetics and logics that prevail over architecture’s materiality. Architects’ sense of duty has definitely reached a turning point.