[Avodah] T'uM

Rich, Joel JRich at sibson.com
Thu Jul 3 05:43:14 PDT 2008




> or is that
> knowledge irrelevant, since the creditor, from a moral point of view, 
> can rely on the integrity of this ben Torah to pay his debts even if 
> there is no legal obligation to do so.

But why would he expect him to feel such an obligation?  RMB isn't
asking anything, he assumes without question that the borrower *has*
such an obligation, and I'm asking why?  They're not his debts, they're
the corporation's, and he set up the corporation for the explicit
purpose that its debts *wouldn't* be his.  So why should he suddenly
feel that they are his after all?

-- 
Zev Sero               
========================
Perhaps because halacha really doesn't recognize a corporation. Also
remember that halacha is a floor not a ceiling (as per R'YBS). For
example, if one pays cash for an object but does not perform an act of
kinyan and the vendor sells it to someone else, the first purchaser has
no right to the object but the vendor is subject to a mi shepara for not
"keeping his word".  Why? Shouldn't the buyer be expected to know the
sale is not complete until the act of kinyan?


KT
Joel Rich
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