On Mon, Feb 27, 2012 at 3:29 PM, Florian Effenberger <flo...@documentfoundation.org> wrote: > Hi, > > Norbert Thiebaud wrote on 2012-02-27 20:35: > >> Our bylaws are an internal non-german-legal document that we use as >> _our_ constitution. it is not meant to be used in court. > > > wrong. > > I recall one rule where the board is not allowed to change the bylaws in > case of a dispute, until that dispute is settled. (Don't nail me down on the > exact wording here...) If the worst case happens, someone could claim that > in court.
Yes but what would be disputed in court if anything would be the fact that the BoD did not honor the block, which should be a statute side thing, and not the object of the block (i.e the actual change of the bylaw. iow the things being blocked could be a logo (no language), and the rational still apply. the court does not need to understand the content of the change to rule on whether the change was procedurally correct. In my mind the court should be involved only to rule on the form of the decision process, not on the content of the bylaws. furthermore, isn't there already a wordage to indicate that the bylaws cannot overrule the statue. iow we could have a bylaws that says: in order to be a member you need to pay a $1000 fee. Such rule would be valid as long as it does not contradict the statues... My argument is not that the bylaws have precedence over the statute, but that the English version of the bylaws is the reference version: if there is a doubt in what the bylaws means, the English version govern, since that is the one that _has_ been approved by the membership and not the version translated in German or any other languages. Norbert -- Unsubscribe instructions: E-mail to board-discuss+h...@documentfoundation.org Problems? http://www.libreoffice.org/get-help/mailing-lists/how-to-unsubscribe/ Posting guidelines + more: http://wiki.documentfoundation.org/Netiquette List archive: http://listarchives.documentfoundation.org/www/board-discuss/ All messages sent to this list will be publicly archived and cannot be deleted
