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1
Smith, Sara D. „Botheration and Recognition of Prescriptive Rules“. BYU ScholarsArchive, 2015. https://scholarsarchive.byu.edu/etd/5582.
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Passions flare up around the use and “misuse” of prescriptive rules. Where there is variation in language use, language judgment usually follows—attaching value judgment to linguistic variants forms the foundation of prescriptive ideology in English. Prescriptive attitudes prevail among speakers and writers of English, who feel some pressure to use these forms to avoid a negative judgment. This study surveyed American English speakers using Mechanical Turk to determine which types of rules—spelling, syntactic, morphological, and lexical—bother people the most and inspire the harshest judgments when violated. The surveys asked participants to identify a violated prescriptive rule in a sentence, found using the magazine and newspaper registers of the Corpus of Contemporary American English, and then to indicate how much they were bothered by the violation. Results indicated that lexical rules separating subtle semantic differences—i.e. farther vs. further, comprise vs. compose—tend to be less bothersome and less recognizable than other types of rules. However, the type of category that a prescriptive rules falls under does not seem to explain why some rules are more bothersome or recognizable than others. It may be possible to generalize by assuming that lexical prescriptive rules will be less important to a general educated American audience than spelling or grammar rules, and that nonstandard dialectal forms will be even more bothersome. However, the ability to generalize these results is limited: there is some evidence for a “pet-peeve” effect. Individuals seem to simply be bothered by different rules, without strong patterns showing some types of rules sharply more important than others. Additionally other prescriptive rules, including those regarding nauseous and dove as the past tense of dive, were more recognizable and bothersome in their prescribed form than their proscribed, providing evidence for semantic shifts.
2
Walsh, Susan A. „The Effects of Pattern Recognition Based Simulation Scenarios on Symptom Recognition of Myocardial Infarction, Critical Thinking, Clinical Decision-Making, and Clinical Judgment in Nursing Students“. Digital Archive @ GSU, 2010. http://digitalarchive.gsu.edu/nursing_diss/18.
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In the United States nearly 1 million annual new and recurrent myocardial infarctions (MI) occur with 10% of patients hospitalized with MI having unrecognized ischemic symptoms. Inexperienced nurses are expected to accurately interpret cardiac symptom cues, possibly without ever having experienced care of patients with MI, yet have been shown to be less able to classify symptom cues and reach accurate conclusions than experienced nurses. The purpose of this study was to test an educational intervention using theories of pattern recognition to develop CT in MI and improve nursing students’ clinical decision-making and clinical judgment using high fidelity patient simulation. This study used a quasi-experimental three group pre-/post-test design and qualitative data to triangulate information on critical thinking, clinical decision-making, and clinical judgment in MI. A sample of junior baccalaureate in nursing students (N = 54) from a large metropolitan university were divided in pairs and randomized to one of two control groups. Data were collected with instruments which measured pattern recognition in MI, critical thinking in MI, and self-perception of clinical decision-making. In addition, diagnostic efficiency and accuracy were measured. Triangulation on clinical decision making with semi-structured interviews using ‘thinking aloud’ technique was conducted. Data were analyzed as qualitative data and compared among groups. Students who were given prototypes for MI using simulation significantly improved critical thinking as measured by pattern recognition in MI (t(3.153(2), p = .038) compared with the non-simulation control group. Qualitative findings showed that students receiving the experimental simulation with a non-MI scenario and feedback-based debriefing had greatest gains in clinical reasoning which included development of clinical decision-making using analytic hypothetico-deductive and Bayesian reasoning processes and learned avoidance of heuristics. Students receiving the experimental simulation learned to identify salient symptom cues, analyzed data more complexly, and reflected on their simulation experience in a way which students reported improved learning. Students who were given MI only simulation scenarios developed deleterious heuristics and showed fewer gains in clinical reasoning, though both simulation groups demonstrated greater critical thinking ability than the non-simulation control group. Findings support the use of simulation to improve clinical reasoning including pattern recognition and clinical decision-making, and emphasize the significance of simulation scenario construction and debriefing to achieving learning outcomes. The findings could be used to guide further research to improve critical thinking, clinical decision-making, and clinical judgment in nursing students using simulation. Funding for this study was provided by the American Association of Critical Care Nurses and Philips Medical Systems and a testing grant from Elsevier, Assessment.
3
Tan, John K. „The effect of multidimensional information presentation on the effectiveness and efficiency of a spatial accounting judgment“. [Tampa, Fla] : University of South Florida, 2008. http://purl.fcla.edu/usf/dc/et/SFE0002488.
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Wiles, Brenda L. „Using The National Early Warning Score As A Set Of Deliberate Cues To Detect Patient Deterioration And Enhance Clinical Judgment In Simulation“. Case Western Reserve University Doctor of Nursing Practice / OhioLINK, 2016. http://rave.ohiolink.edu/etdc/view?acc_num=casednp1458074763.
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5
Carlton, Gaya. „Nurses' perceptions of factors leading to the discovery of potential medication administration errors /“. Connect to full text via ProQuest. Limited to UCD Anschutz Medical Campus, 2007.
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Thesis (Ph.D. in Nursing) -- University of Colorado Denver, 2007.Typescript. Includes bibliographical references (leaves 190-197). Free to UCD affiliates. Online version available via ProQuest Digital Dissertations;
6
Perin, Ricardo Fontes. „Tutela de urgência na homologação de sentença estrangeira“. Universidade do Estado do Rio de Janeiro, 2005. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=32.
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A presente dissertação tem por objetivo a análise jurídica e a demonstração do cabimento da tutela de urgência na homologação da sentença estrangeira. Para alcançá-lo estuda a homologação de sentença estrangeira, a tutela de urgência em suas modalidades de tutela cautelar e tutela antecipada, nesta incluída a tutela específica das obrigações de fazer ou não fazer e de entrega de coisa e analisa precedentes jurisprudenciais do Supremo Tribunal Federal sobre o tema. O estudo sinaliza a importância do assunto e critica as decisões do Supremo Tribunal Federal que negaram a tutela de urgência em procedimentos de homologação de sentenças estrangeiras. O fundamento constitucional da tutela de urgência no princípio do acesso à justiça, compreendido em seu sentido de efetividade da jurisdição, desponta como um dos dois argumentos nucleares da posição defendida na dissertação. Considera o trabalho que este princípio constitui um dos princípios gerais de direito comuns a todos os Estados civilizados. Por outro lado, a análise da natureza jurídica constitutivo-integrativa da sentença na ação de homologação, bem como o efeito que possui a sentença estrangeira de fazer nascer a pretensão à homologação proporcionam uma interpretação do artigo 483 do Código de Processo Civil compatível com a tutela de urgência, emergindo como o segundo argumento principal da dissertação. Na conclusão elabora-se a síntese da argumentação demonstrativa da posição assumida na dissertação.This dissertation aims to present the juridical analysis and the admissibility of interim protection and provisional measures in the recognition of foreign judgments. In order achieve its ends, it studies the recognition of foreign judgments, interim protection and provisional measures, including its application to the obligations to do or not to do a specific thing and to deliver a certain thing, and it analyses the decisions of the Federal Supreme Court on the subject. The work highlights the importance of the issue and criticizes the precedents of the Supreme Court that did not grant interim protection and provisional measures in the recognition of foreign judgments. Interim protection and provisional measures are based in the constitutional principle of access to justice, in its meaning of the effective rendering of judgment. This is the first core argument of the thesis that this dissertation defends, as this principle is one of those general principles of law recognized in all civilized States. On the other hand, the analysis of the constitutive and integrative nature of the final judgment in the recognition of foreign judgment, together with the effect of the foreign judgment of the right of action to its recognition render an interpretation of article 483 of the Code of Civil Procedure compatible with interim protection and provisional measures. This is the second core argument of this dissertation. The conclusion of the work provides a summary of the arguments that sustain the position that it defends.
7
Kelebek, Ohlsson Vanessa, und Jimmy Sundell. „Finns det könsskillnader mellan beslutsprocess vid igenkänning av gärningsperson?“ Thesis, Örebro universitet, Institutionen för juridik, psykologi och socialt arbete, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:oru:diva-72394.
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Vårt syfte med studien var att undersöka om det fanns en skillnad mellan mänoch kvinnor i deras beslutsprocess (absoluta- eller relativa process) under envittneskonfrontation, samt att kontrollera om det fanns en skillnad mellan mänoch kvinnor till ett korrekt utpekande. Våra hypoteser var att 1) kvinnor i störreutsträckning skulle använda sig av svar som beskriver en absolut beslutsprocess,2) kvinnor skulle göra fler korrekta utpekanden vid vittneskonfrontationer och 3)det fanns ett samband mellan absoluta beslutsprocessen och ett korrektutpekande. Vi genomförde en enkätundersökning som publicerades på webbensom sammanlagt besvarades av 451 personer. I enlighet med vår hypotes visaderesultaten att kvinnor använder sig av absoluta beslutsprocesser i högreutsträckning och gjorde fler korrekta utpekande än män. Resultaten diskuteradesutifrån teori och tidigare forskning.Our purpose of the study was to investigate whether there are differences betweenmen and women in their decision-making process (absolute identification orrelative judgment) during a witness confrontation, as well as to check whetherthere are differences between men and women in identification accuracy. Ourhypotheses were: 1) women would be more likely to use answers that describe anabsolute identification, 2) women would make more correct identification inwitness confrontations, 3) there would be an association between the absoluteidentification and the correct identification. We conducted an online survey,which was answered by 451 people. In accordance with our hypothesis, theresults showed that women made use of absolute identification to a greater extentand made more correct identification than men. The results discussed based ontheory and previous research.
8
Fisher, Serena Lynn. „Frequency Judgments and Recognition: Additional Evidence for Task Differences“. [Tampa, Fla.] : University of South Florida, 2004. http://purl.fcla.edu/fcla/etd/SFE0000517.
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Annis, Jeffrey Scott. „A Model of Positive Sequential Dependencies in Judgments of Frequency“. Scholar Commons, 2013. http://scholarcommons.usf.edu/etd/4626.
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Positive sequential dependencies occur when the response on the current trial n is positively correlated with the response on trial n-1. This was recently observed in a Judgment of Frequency (JOF) task (Malmberg and Annis, 2011). A model of positive sequential dependencies was developed in the REM framework (Shiffrin & Steyvers, 1997) by assuming that features that represent the current test item in a retrieval cue carry over from the previous retrieval cue. To assess the model, we sought a set of data that allows us to distinguish between frequency similarity and item similarity. Therefore, we chose to use a JOF task in which we manipulated the item similarity of the stimuli by presenting either landscape photos (high similarity), or photos of everyday objects such as shoes, cars, etc (low similarity). Similarity was modeled by assuming either that the item representations share a proportion of features or by assuming that the exemplars from different stimulus classes vary in the distinctiveness or diagnosticity. The model fits indicated that the best way to model similarity was to assume that items share a proportions of features.
10
Rosner, Norel. „Cross-border recognition and enforcement of foreign money judgments in civil and commercial matters /“. Groningen : Ulrik Hubert Institut for Private International Law, 2004. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=013075450&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Bich, Du Ngoc. „Recognition and enforcement of foreign judgments in civil and commercial matters : a proposal for Vietnam /“. Groningen : Ulrik Huber Inst. for Private International Law, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/524429499.pdf.
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Al, Mulla Habib M. S. „The recognition and enforcement of foreign civil and commercial judgments under multilateral and bilateral conventions“. Thesis, University of Cambridge, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.282003.
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13
Li, Xiao Yue. „A study on interregional recognition and enforcement of civil and commercial judgments between Mainland China and Macao“. Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2580197.
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14
Voskuilen, Chelsea E. „Modeling Confidence and Response Time in Associative Recognition: A Single Process Explanation of Non-Linear z-ROC Functions“. The Ohio State University, 2012. http://rave.ohiolink.edu/etdc/view?acc_num=osu1338294529.
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15
Rossouw, Mandi. „The harmonisation of rules on the recognition and enforcement of foreign judgments in the southern African customs union“. Thesis, University of the Western Cape, 2013. http://etd.uwc.ac.za/index.php?module=etd&action=viewtitle&id=gen8Srv25Nme4_2281_1380785721.
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The Member States of the Southern African Customs Union (SACU) have set as their objectives, amongst others, the facilitation of cross-border movement of goods between the territories of the Member States and the promotion of the integration of Member States into the global economy through enhanced trade and investment. Different approaches to the recognition and enforcement of foreign judgments by Member States and the risk of non-enforcement may lead to legal uncertainty and increased transaction cost for prospective traders, which ultimately act as non-tariff barriers to trade in the region. Trade is critical to Southern Africa, and the ideal is that barriers to trade, of which uncertainty concerning the recognition and enforcement of foreign judgments among Member States is one, should be removed. Certainty, predictability, security of transactions, effective remedies and cost are important considerations in investment decision-making
and clear rules for allocating international jurisdiction and providing definite and expedited means of enforcing foreign judgments will facilitate intraregional as well as interregional trade. In addition to trade facilitation, a harmonised recognition and enforcement regime will consolidate economic and political integration in the SACU. An effective scheme for the mutual recognition and enforcement of civil judgments has been regarded as a feature of any economic integration initiative likely to achieve significant integration. While the harmonisation of the rules on the recognition and enforcement of foreign judgments has been given priority in other regional economic communities, in particularly the European Union, any similar effort to harmonise the rules on recognition and enforcement of Member States have been conspicuously absent in the SACU &ndash
a situation which needs to receive immediate attention. The thesis considers the approaches followed by the European Union with the Brussels Regime, the federal system of the United States of America under the &lsquo
full faith and credit clause&rsquo
the inter-state recognition scheme under the Australia and New Zealand Trans-Tasman judicial system
as well as the convention-approach of the Latin American States. It finds that the most suitable approach for the SACU is the negotiation and adoption by all SACU Member States of a multilateral convention on the recognition and enforcement of foreign judgments, comparable to the 1971 Convention of the Hague Conference on Private International Law
the EU Brussels I Regulation and the Latin-American Montevideo Convention, as complemented by the La Paz Convention. It is imperative that a proposed convention should not merely duplicate previous efforts, but should be drafted in the light of the legal, political and socio-economic characteristics of the SACU Member States. The current legislative provisions in force in SACU Member States are compared and analysed, and the comparison and analysis form the basis of a proposal for a future instrument on recognition and enforcement of foreign judgments for the region. A recommended draft text for a proposed Convention on the Recognition and Enforcement of Foreign Judgments for the SACU is included. This draft text could form the basis for future negotiations by SACU Member States.
16
Kelley, Robert Griffith. „An investigation of the effect of source memory on the use of natural fluency cues in recognition judgments /“. Diss., Connect to a 24 p. preview or request complete full text in PDF format. Access restricted to UC campuses, 2000. http://wwwlib.umi.com/cr/ucsd/fullcit?p9984294.
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17
Zhang, Guang Jie. „The arrangement for mutual recognition and enforcement of judgments in civil and commercial matters between the Mainland China and Hong Kong SAR“. Thesis, University of Macau, 2012. http://umaclib3.umac.mo/record=b2586527.
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18
Okoli, Pontian. „Promoting the recognition and enforcement of civil and commercial judgments : lessons from the experiences of South Africa and Nigeria“. Thesis, University of Dundee, 2018. https://discovery.dundee.ac.uk/en/studentTheses/f10a8aad-04d9-4181-b2e0-69eec9450dea.
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Disputes arise in the course of international trade and contracting parties seek to secure effective outcomes. Although it is futile to obtain a judgment that cannot be enforced, the enforcement of foreign judgments is often shrouded in uncertainty in Africa. Reasons for such uncertainty include the complexity and inadequacy of relevant legal regimes, inconsistency of the courts and generally sparse scholarly works. This thesis focuses on South Africa and Nigeria where courts apply South African and Nigerian rules of private international law when litigants seek to enforce judgments obtained abroad. The South African or Nigerian court's assessment of whether the foreign court heard the case in a fair manner sometimes produces a different outcome from that of the foreign court. This implies that litigants face significant unpredictability and sometimes cannot enforce their judgments even after years of protracted litigation. Drawing on the experiences of the European Union, the United Kingdom and the United States, this thesis undertakes a comparative analysis of how South African and Nigerian courts can promote the recognition and enforcement of foreign judgments in a fair manner. There is an in-depth examination of the process that leads to the South African or Nigerian court's decision on whether the foreign judgment should be enforced. This thesis argues that there is a need for a fundamental change in approach or underlying assumptions, with a view to facilitating the free movement of foreign judgments in a globalised world. Considering the interests of litigants and the State is critical to attaining fairness for the parties involved in attempts to enforce foreign judgments.
19
Lindahl, Christina. „Judgments of Social Dimensions of Faces in Individuals with High-Functioning Autism“. Thesis, Stockholms universitet, Psykologiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:su:diva-144370.
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The aim of the present study was to investigate if individuals with high-functioning autism differ from typically developing (TD) individuals in judgments of social dimensions from faces. Thirty-two individuals with high functioning autism and sixty-seven TD individuals rated 196 synthetic faces representing 7 social dimensions. Overall, both groups performed similarly on the judgment tasks. However, some group differences emerged for ratings of Competence and Likeability in the Autism Spectrum Disorder (ASD) group. Furthermore, alexithymia, or emotion-blindness, was found to be a possible indicator of ability to judge social dimensions in the ASD group. Implications of present results in relation to prior and future research on social interaction on the autism spectrum are discussed.
20
Kiudelytė, Renata. „Teismingumo problemos tarptautiniame civiliniame procese“. Master's thesis, Lithuanian Academic Libraries Network (LABT), 2005. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2004~D_20050603_105655-47820.
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This Master‘s paper is about problems, which arise out of jurisdiction regulation of cases with international element in national and international level. In the first part of this paper author gives a definition of international jurisdiction and discusses its significance to the recognition and enforcement of judgments. Later after having analyzed national laws of different states (Germany, France, U.K., Lithuania, etc.) and EU documents - Brussels convention (1968) and Regulation No. 44/2001, as well as some cases of Lithuanian Supreme Court, European Justice Court and USA courts and having done a sociological research of Lithuanian judges‘ opinion, detailed analysis of such problems as parallel litigation, exorbitant jurisdiction and forum shopping is given. Then author discusses how these problems can be solved and gives a way to solve each problem – respectively, lis alibi pendens, unification and forum non conveniens doctrine. Each way is seen through analysis of its advantages and disadvantages and how it can be applicable to Lithuanian civil procedure law. Research showed that national efforts to solve jurisdiction problems in the international civil procedure are not sufficient and (or) not effective. Thus first of all states must cooperate with each other and coordinate their positions.
21
Wittuhn, Georg 1958. „Pre-trial discovery in Canada, the corresponding devices under German Law and the impact on judicial cooperation and recognition of foreign judgments“. Thesis, McGill University, 1988. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61749.
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22
Schuz, Rhona G. „Conflicts between choice of law rules and recognition of judgments rules in private international law with particular reference to cases involving determination of status“. Thesis, London School of Economics and Political Science (University of London), 1994. http://etheses.lse.ac.uk/1321/.
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This thesis presents a novel approach to part of the problem of the Incidental Question in the Conflict of Laws. Only cases where the answer to what has been called the main question depends on recognition of a foreign judgment (the so called incidental or preliminary question) are included. The problem is analysed as involving a conflict between two different types of conflicts rules i.e. choice of law rules and recognition rules. The thesis examines whether this conflict can be satisfactorily solved by a global preference for either of these rules. Whilst many writers have considered the theoretical base for the conflict of laws, none has yet specifically compared the rationales for choice of law rules and recognition rules in order to determine whether as a matter of principle one type of rule should be preferred to the other rule. This requires a fresh perspective. After rejecting the global solution, the thesis proceeds to examine how a result selecting approach might be applied to the present conflict of rules. After a brief survey of different result selecting approaches, it is concluded that the most appropriate approach in the present conflict of rules context is the construction of specific result orientated rules for each particular category of case. The desired result should be dictated by the policy of the forum, since in fact the conflict is between two conflict rules of the forum. A number of specific topics (including validity of remarriage and matrimonial property rights) concerning recognition of status judgments are considered in depth. The methodology adopted is as follows;- a) . The particular circumstances in which the 'conflict of rules' problem is likely to arise in relation to the particular issue is explained. b). The various possible 'choice of rule' rules which might be adopted for the particular issue are considered. c) . The policy of English law in relation to the particular issue is ascertained and the 'choice of rule' rule which most closely gives effect to that policy recommended. The thesis contributes to jurisprudence of Private International Law in three main ways:- 1. The understanding of conflicts between different types of conflict rules is of fundamental importance to the whole structure of Private International Law. This thesis shows that this problem is of more significance than previously thought. 2. Whilst writers have adopted a functional approach to the incidental question, none have attempted to construct a series of rules based on forum policy. 3. There has been no previous attempt to identify forum (here English) policy in relation to the particular issues chosen.
23
Alenezi, Abdullah. „An analytical study of recognition and enforcement of foreign arbitral awards in the GCC states“. Thesis, University of Stirling, 2010. http://hdl.handle.net/1893/2943.
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This study is concerned with the recognition and enforcement of foreign arbitral awards under the relevant regimes in the GCC states, both local law and international conventions. The easy enforceability of arbitral awards is considered one of the main factors in the success of international commercial arbitration. Thus this thesis not only attempts a comprehensive analysis of the requirements of and procedures for recognition and enforcement of foreign awards in the GCC States, but also evaluates whether the GCC’s laws and practices comply with best international practice standards, especially as embodied in the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The thesis comprises of seven chapters. The first chapter examines the legal framework of the GCC States, and provides a brief history of the rules governing arbitration and the recognition and enforcement of foreign arbitral awards. Chapter two looks at general principles regarding recognition and enforcement of foreign arbitral awards. Chapter three covers jurisdictional elements in the recognition and enforcement of arbitral awards in the GCC States. Chapter four examines the procedural steps demanded by each state for the enforcement of an award, looking particularly at the impact of relevant international conventions on these issues. Chapter five deals with the evidence which must be tendered and the conditions that must be satisfied in order to obtain the recognition and enforcement of foreign arbitral awards in the GCC States. Chapter six examines the grounds on which a respondent may apply to dismiss an application for recognition and enforcement of a foreign arbitral award. Chapter seven then deals with the grounds on which a foreign arbitral award must be refused enforcement. The concluding chapter summarises the problems thrown up by the study, and suggests a common way forward for the legal systems of the states of the Arabian Gulf in dealing with these issues.
24
Azevedo, Ana Paula Schoriza Bueno de. „Efetivação das sentenças estrangeiras sobre o estado das pessoas no Brasil: por uma mudança de paradigma à luz da globalização econômica“. Pontifícia Universidade Católica de São Paulo, 2011. https://tede2.pucsp.br/handle/handle/5613.
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Made available in DSpace on 2016-04-26T20:20:13Z (GMT). No. of bitstreams: 1
Ana Paula Schoriza Bueno de Azevedo.pdf: 827119 bytes, checksum: 27bda2ca48ac146634a256f5f0967d34 (MD5)
Previous issue date: 2011-06-17The economic globalization brought as a result the major interdependency between the countries. This also causes the increase of litigations involving more than one legal system. In fact, more and more, the Judiciary has to effectuate foreign judgments, so it becomes necessary the international judicial cooperation. The foreign judgments can‟t be confused with the international judgments, which don‟t need recognition and are rendered by the international courts or international organizations. The foreign judgments from any nature need to be recognized by the Superior Court of Justice (Superior Tribunal de Justiça), which will analyze the presence of legal requisites. However, this affirmation is refused by doctrine and jurisprudence in cases of foreign judgments involving the person‟s status. In spite of the existence of some right points of view of the major doctrine, the problem must be reexamined considering the presence of interest, because there is no regular application of the action of recognition when it‟s not necessary to modify the status in Brazil. Also it must be emphasized that the foreign judgments or any other decisions regarding the Law 11.441/2007. Notwithstanding, it‟s necessary to regulate the recognition of foreign judgments, specially regarding the person‟s status, in order that is possible to satisfy the cooperative and globalized society
A globalização econômica trouxe como consequência maior interdependência entre os Estados. Isso também resulta em um aumento dos litígios envolvendo mais de um ordenamento jurídico. Com efeito, cada vez mais o Judiciário tem de efetivar decisões estrangeiras, sendo imprescindível recorrer aos mecanismos de cooperação jurisdicional internacional. Conveniente elucidar que as sentenças estrangeiras não se confundem com as sentenças internacionais, prolatadas por tribunais ou organismos internacionais, que dispensam qualquer ato de reconhecimento. Em vez disso, as sentenças estrangeiras proferidas pelo Judiciário estatal, para que possam surtir efeitos no Brasil, independentemente de sua natureza, precisam antes passar pelo crivo do Superior Tribunal de Justiça, que as homologará, se presentes os requisitos legais. Todavia, essa afirmação encontra refutações na doutrina e na jurisprudência com relação às sentenças estrangeiras sobre o estado das pessoas. Apesar de a posição dominante não deixar de ter seus pontos de acerto, o assunto deve ser reexaminado sob o ponto de vista do interesse, pois, quando não se pretende a alteração do estado das coisas no Brasil, faltará condição para exercício regular da ação homologatória. Merece destaque, também, a possibilidade de se dispensar de homologação as sentenças estrangeiras, ou os provimentos judiciais de natureza equivalente, relacionados à Lei nº 11.441/2007. Nada obstante, as considerações expostas não dispensam a elaboração de lei que regule a homologação de sentenças estrangeiras, especialmente no que se refere ao estado das pessoas, de forma a satisfazer a sociedade globalizada e cooperativa
25
Fulli-Lemaire, Samuel. „Le droit international privé de la famille à l’épreuve de l’impératif de reconnaissance des situations“. Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020077.
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En ce début de XXIe siècle, le droit international privé intervient dans un contexte caractérisé à la fois par la multiplication des relations familiales internationales, conséquence de la mobilité croissante des personnes privées, et la montée d’un individualisme qui rechigne toujours davantage à composer avec les contraintes collectives. Ces changements conduisent à une contestation croissante des obstacles à la reconnaissance des situations familiales qui impose de repenser à la fois le cadre théorique et les méthodes de la discipline. Sur le premier plan, il est proposé de consacrer un nouveau principe directeur, l’impératif de reconnaissance des situations familiales, qui reflète à la fois la prédominance effective des intérêts privés et la matérialisation d’une discipline autrefois éprise de justice conflictuelle, et permet d’afficher plus clairement ce qui doit désormais constituer la réaction dominante du for face à une situation familiale constituée à l’étranger. Sur le plan des méthodes, l’enjeu est de traduire le nouvel impératif, ce qui doit consister à libéraliser l’accueil des situations familiales constituées à l’étranger sans aller jusqu’à supprimer tous les chefs de contrôle. Plusieurs voies sont envisageables, qui vont du simple infléchissement des méthodes existantes à la consécration d’une nouvelle méthode de la reconnaissance des situations familiales. Entre ces différentes possibilités, des choix s’imposent qui mêlent technique et politique juridiques, et impliquent de prendre en compte tant les enseignements de la théorie générale du droit international privé que la dimension européenne de la problématiquePrivate international law today has to contend with social realities that have evolved markedly over the course of the last few decades. As a result of increased mobility across national borders, international families are ever more numerous and so are instances where recognition of a family status acquired abroad is sought. The effects of this change are compounded by a greater focus on individual agency and self-determination, which leads to stronger challenges to State policies that result in non-recognition. A change in how we understand and ‘do’ private international law seems warranted on two levels. The first change relates to the so-called guiding principles which encapsulate the various aims pursued by the field and can thus provide a useful conceptual framework. I suggest that adding a state duty to recognize a family status created abroad to the existing principles would help strike a better balance between private interests in facilitating recognition and the public interest in the regulation of family forms. This shift necessitates changes on another level, that of the private international law’s methods. Combining easier recognition of foreign family relationships with some degree of state control can be achieved in various ways which range from incremental change to existing methodology to a complete overhaul in the form of a new method of automatic recognition. This raises issues of both technique and policy, which are discussed in the second part of this work from a French and European perspective
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Bilyachenko, Alexey. „La circulation internationale des situations juridiques“. Thesis, La Rochelle, 2016. http://www.theses.fr/2016LAROD001/document.
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La présente thèse part d’une tendance de la jurisprudence européenne, destinée à influencer la jurisprudence nationale de droit international privé, et se trouve dans le prolongement d’un grand débat doctrinal d’actualité. Il s’agit de la méthode de reconnaissance des situations juridiques, qui suppose l’abandon de la règle de conflit de lois. L’objectif est de conceptualiser cette nouvelle méthode et d’en définir le domaine et les conditions de mise en œuvre. Vu les particularités du sujet, la recherche passe nécessairement par plusieurs thèmes fondamentaux du droit international privé mais aussi du droit européen, du droit privé général et de la théorie du droitInspired by a trend in the European case law, which is meant to affect the national ones, the dissertation takes part to a topical debate among European academics on the putting aside the choice-of-law rules. It is about application of so-called recognition method to the foreign legal situations that haven’t been enacted in court. The purpose is to conceptualise this new method and to determine its scope and its modalities. Given the particularity of the task, the study necessarily bears on several pivotal topics of private international law but also of European law, general private law and jurisprudence
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BROOKS, JOHN OLIVER III. „AFFECTIVE JUDGMENT AND RECOGNITION MEMORY“. Thesis, 1986. http://hdl.handle.net/1911/13153.
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Lu, Chi-Wen, und 盧啟文. „An relatedness study of the Moral Recognition、Moral Judgment and Moral intention on the different blog situation“. Thesis, 2010. http://ndltd.ncl.edu.tw/handle/94223823371453559639.
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碩士立德大學
國際企業管理研究所
98
The purpose of this study was to explore the effect of moral intensity on ethnical decision making processes (moral recognition, moral judgment, and moral intention) under three different virtual ethical scenarios by applying Jones’ (1991) theoretical model. In addition, value was studies for its effect on moral judgment. Moral intensity was divided into two constructs: potential harm, and social pressure under factor analysis. The results indicate that moral intensity has a significant effect on ethnical decision making processes with different three scenarios. As potential harm or/and social pressure increase, moral perception strengthens, moral judgment increases accordingly, and .then moral intention intense. This study contributes the value factor to be an important attribute to complete Jones’(1991) model.
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Wang, Min-Hsuan, und 王敏璇. „A Prospective Study of Cognitive Interpersonal Model of Depression: Recognition, Judgment, and Schematic Response of Facial Emotions“. Thesis, 2007. http://ndltd.ncl.edu.tw/handle/75212464579702641059.
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碩士國立臺灣大學
心理學研究所
95
Within the framework of the integrated cognitive-interpersonal model of depression, this study aimed to investigate the associations between depression and recognition, judgment, and schematic response of nonverbal interpersonal cues--facial emotions. Based on Coyne’s (1976b) interpersonal model and Beck’s (1967) cognitive theory of depression, the present study proposed that the depressed individuals recognize the negative facial emotions accurately, and respond to negative cues in the negative schematic tendency. This negative schematic set would be a stable cognitive factor; in addition, the interaction of the negative schematic set and nonverbal interpersonal stress would predict depression. Participants were 54 undergraduate/graduate students. The measurement included depressive symptoms, recognition of facial emotions, judgment of facial emotions, and schematic response to facial emotions. Forty-seven participants were repetitively measured after seven weeks. The results showed that, the accuracy of emotional recognition and preference for emotional judgment did not differ between the dysphoric and nondysphoric individuals. However, the dysphoric individuals tended to respond to non-positive facial emotions with negative cognitive-conceptual and affective schemas. In addition, the cognitive-conceptual schematic response tendency to negative facial emotions was depressed state-independent and did not change over time, and therefore may have trait-like quality. Moreover, after the interacting with the experimental facial stimuli, the increase of individuals’ negative affect could be predicted by their negative cognitive-conceptual schematic response. It was also found that the interaction of this negative schematic response set and the negative facial emotion experiences in the interpersonal environment could predict the individuals’ concurrent depressive symptoms. Contrarily, it could not predict the change of individuals’ depression over time. In conclusion, the levels and features of cognitive processing as well as the diathesis-stress model were discussed as a synthesis framework. We also combined the results and the interpersonal-behavioral risk factor to discuss the possible context of depression. Finally, we discussed the contributions and clinical applications of the present study, addressed the possible limitations, and provided some suggestions for future researches.
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Gottschlich, Carsten. „Fingerprint Growth Prediction, Image Preprocessing and Multi-level Judgment Aggregation“. Doctoral thesis, 2010. http://hdl.handle.net/11858/00-1735-0000-0006-B6A3-6.
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Massicotte, Jean-Philippe. „Critique de la politique de la reconnaissance de Charles Taylor“. Thèse, 2008. http://hdl.handle.net/1866/7491.
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Brůha, Tomáš. „Uznání a vzdání se procesního nároku“. Master's thesis, 2021. http://www.nusl.cz/ntk/nusl-446339.
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Recognition and waiver of a procedural claim Abstract The thesis deals with the institutes of recognition and waiver of a procedural claim, which are a specific way of ending of court proceedings based on a dispositional act of concerned procedural party. The purpose of the institutes of recognition and waiver of a procedural claim is, in particular, to speed up the proceedings and save costs to both the state and the parties, in a situation where there is no longer a factual dispute between the parties and yet the parties have an interest in authoritative acknowledgment of such situation, unlike, for example, the institute of withdrawal of the action, which does not constitute an obstacle of rei iudicatae. The first chapter contains a general theoretical background of the thesis, definitions of basic terms and differentiation from similar institutes such as the mentioned withdrawal of the lawsuit or a court settlement. The first chapter also compares the differences between material recognition and waiver and their consequences. The following second chapter then contains a historical review of the regulation of the recognition and waiver of procedural claims institutes on our territory. The review begins with the Civilian Procedure Code from 1895, then deals with the Civic Procedure Code from 1950 and the...
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Cheng, Yao-Liang, und 程耀樑. „A Study On The Recognition of Foreign Judgments－Focusing On The Recognition of Judgments Between China and Taiwan－“. Thesis, 2012. http://ndltd.ncl.edu.tw/handle/v8ug39.
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Lin, Chang-Ming, und 林昌明. „Representations for 3D object recognition in same-different matching judgments“. Thesis, 1999. http://ndltd.ncl.edu.tw/handle/73732976852413342650.
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Wu, Pei-Shu, und 吳佩書. „The Study on The Recognition of Foreign Judgments in Devorcement“. Thesis, 2009. http://ndltd.ncl.edu.tw/handle/12966883300360935946.
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碩士國立中正大學
法律所
97
The recognition and enforcement of foreign judgments indicates that a national court admits foreign judgment in civil and commercial matters according to its own judicial system. For the independence and integrity of the authority of one nation, it is not necessary to obey all judgments from other countries. In Taiwan, the only criterion for the courts to decide whether recognize foreign judgments is the application of the Article 402 of Civil Procedure Law. But the interpretation of Article 402 by Taiwanese courts is uncertain. Besides the Article 568 in Civil Procedure Law in matrimonial litigations, such as divorce, legal separation and marriage annulment is an irreconcilable interpretation of identical Article 402. This thesis is based on Taiwan, Japanese, Germany and English researches, legislation and judgments, tries to find out some cases dealing with the issue of international jurisdiction and the recognition of foreign judgments in Taiwanese, Japanese, Germany and English courts to discuss the problems and comments on the relevant regulations of the recognition and enforcement of foreign judgments, especially in matrimonial judgments., for a deeper understanding of the legislation. In a word, the recognition and enforcement of judgments in civil and commercial matters is a significant part of judicial system, we advocate that the criterion for recognition and enforcement of foreign judgments should be wide-opened as much as possible and every country should take a global point of view, keep away and eliminate the conflict in law, and stand higher to analyze and resolve the problem in inter-regional recognition and enforcement of matrimonial judgments！
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HUANG, CHIEH-NAN, und 黃介南. „A Study on Recognition of Civil Judgments across the Taiwan Straits“. Thesis, 2014. http://ndltd.ncl.edu.tw/handle/22723768647415838430.
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碩士東吳大學
法律學系
102
Since 1990s, when the ROC government began to permit Taiwanese to invest in the mainland area, the mainland area recently has become as the biggest area for invested and foreign trade of Taiwan.It is obvious thatinteraction and economic exchanges between people cross the strait are more and more frequent. Whilethe economic exchanges last over 20 years, a lot of investment disputes arise. After these disputes are solved through processes of litigation, mediation, or arbitration,to enforce judgments or arbitration awards related to the affairs of mainland and rendered in mainland is imperative; so is to enforce those related to the affairs of Taiwan and rendered in Taiwan. Several civil judgments by the Supreme Court denied the res judicata of the judgments rendered in mainland in recent years. The main reason is that Article 74 of Act Governing Cross-Strait Relations has no relevant content. From the viewpoint of judicial assistance, the mainland legal system and practice of the Court decisions, have long recognized the Taiwan judgments or arbitration awards with res judicata. If we deny the res judicata of judgments or arbitration awards rendered in mainland, they may take reprisal measures resulting in great impacts on people between two sides of cross-strait. Finally, to solve the dispute, recommendations on amendment to Act Governing Relations between the People of the Taiwan Area and the Mainland Area are provided in this article. Keywords: Act Governing Relations between the People of the Taiwan Area and the Mainland Area , recognition of judgments by Mainland China’s courts, recognition of foreign judgements, res judicata (finality and conclusiveness of the judgment), the detor’s objective law suit, judicial assistance
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HUANG, PEI-HSIN, und 黃姵心. „The Recognition and Enforcement of Foreign Judgments in Taiwan, China, and Australia“. Thesis, 2019. http://ndltd.ncl.edu.tw/handle/gw2k24.
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碩士國立中正大學
法律學系碩士在職專班
107
This thesis is focus on legislation and practice in the perspectives of foreign judgments recognition and enforcement in Taiwan, China, and Australia; discussing the requirements for recognition and enforcement, analysis of those grounds to reject a foreign judgment, and distinguish and compare these 3 different legal systems. Meanwhile the motivation background of this dissertation came from a dispute relating to one of author’s work experiences in international transaction arising out of these 3 countries. The conditions of recognition and enforcement of foreign judgments are the core of the legal system, those which are been examined by courts and relevant authorities on foreign judgments. Only when providing the conditions clearly in legislation， can ensure each country’s judicial sovereignty away from infringement and avoid inappropriate consequences caused by the uncertainty of law. On that basis that the foreign court must have a proper jurisdiction with international sense and competency, the foreign judgment must be a final judgment on the merit，adequate defense should have been provided to the defender and the public policy exception shall not be offended. We would exam those requirements in details in these three nations and compare the differences in between. Also, it would mention how China recognize and enforce judgments from Taiwan, Hong and Macau, and how does it process reversely.
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Tsai, Minying, und 蔡旻穎. „Jurisdiction and the Recognition • Enforcement of Foreign Judgments in Transnational Patents Infringement Disputes“. Thesis, 2011. http://ndltd.ncl.edu.tw/handle/20695173000403412384.
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Lee, Ning, und 李凝. „On the Judicial Practice of Recognition and Enforcement of Cross-strait Civil Judgments“. Thesis, 2019. http://ndltd.ncl.edu.tw/handle/fnnq7s.
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碩士國立臺灣大學
國家發展研究所
107
With the growing ties across Taiwan Strait, legal disputes have also increased. Owing to avoiding multiplicity of actions, considering the principle of procedural economy and protecting peoples’ rights, it is necessary to promulgate the relevant legal documents to regulate recognition and enforcement of cross-strait civil judgments. Although, there are several laws and rules about recognition and enforcement of cross-strait civil judgments between Taiwan and China, however, the laws always lag the social development. Therefore, the subject of the thesis begins by researching the evolution of the laws and rules about recognition and enforcement of cross-strait civil judgments. Then, describing and discussing the limits about the applications of laws and rules by analyzing the related cases. Having discussed the challenges about the applications of current laws and rules, the final part addresses the revised proposal of Act Government Relations Between People of the Taiwan Area and the Mainland Area and hoping the suggestions to the revision of the law will eventually promote the well progress of recognition and enforcement of cross-strait civil judgments.
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LYU, DAI-LING, und 呂黛玲. „The Recognition and Enforcement of Foreign Judgments - Focus on Public Order and Good Morals“. Thesis, 2019. http://ndltd.ncl.edu.tw/handle/g5xea7.
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碩士中國文化大學
法律學系
107
The most important function of Public Order and Good Morals system in private international law is to exclude the application of foreign law or to refuse to recognize and enforce the judgment of foreign courts, and to deal with the legal system, social interests, ethics and morality of the court or the country. When the principle principle has a clearly contradictory foreign law or a foreign court judgment, the system, as a means of protecting a country or a jurisdiction, may be invoked to protect the court country or recognize the countrys legal order. The international civil and commercial activities have become more vigorous under the influence of globalization, and the related cross-border civil and commercial legal disputes have also increased. The recognition and enforcement system of foreign court decisions has been highly recognized in various countries, but based on The judicial judgment belongs to the states high-powered behavior, and the recognition of the states internal law order and other reasons, the foreign court judgment cannot be effective in the recognition country, often still subject to the approval of the recognition or enforcement requirements established by the recognition country, The party was able to take effect in the country of recognition. Public Order and good Morals have a more important meaning than other specific elements, the meaning and connotations of ‘‘Public Order and Good Morals ’’ are abstract and vague, and it play a character as a ‘‘safety valve’’, According to the legislative reasons of Article 25 of the Old Law on the Application of Foreign Civil Law, ’’Public Order and Good Morals’’ means that the concrete manifestation of the spirit of the founding of the country and the basic national policy and the ethical concept originating from the society. But there are some people in the international community think that ‘’International Public Order’’ should be discussed with that if or not the foreign court judgments conflict with public order or good morals, then how should Taiwan courts determine the concept in practical application, and judge on what basis, can we find the other way to explain it more concrete to provide the court a basis to judge cases.
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Chen, Li-yu, und 陳俐宇. „A Study on Recognition of Civil Judgments and Civil Execution between the Taiwan Straits“. Thesis, 2015. http://ndltd.ncl.edu.tw/handle/99077048085324887290.
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碩士國立臺灣大學
國家發展研究所
103
In July 1987, the Taiwan government removed the restrictions on foreign currencies to permit out-bound investments, setting up the stage for indirect investment of private enterprises bound for Mainland China. Starting November of the same year, the Taiwan government allowed its people to visit their family remaining in Mainland China. Meanwhile, in June 1988, the State Council of People’s Republic of China promulgated “Regulations regarding the Promotion of Investment from Taiwan” in a timely manner, providing legal protections and political agenda for such in-bound investment. With this backdrop, the cross-strait interactions between individuals and enterprises have intensified both in width and depth with the increasingly open policies on the cross-strait relationship. As a result, it is inevitable that disputes will arise and are sought to be solved by way of adjudication. It also sees that the courts in one jurisdiction are likely to hear civil cases with factors related to the other jurisdiction. The courts in both jurisdictions accordingly have to deal with issues regarding mutual legal assistance, including enforcement and court procedures. On 27th April 2009, the Third Jiang-Chen Meeting between the two governments concluded by agreeing upon the “Reciprocal Cross-Strait Agreement on Combating Crimes and Judicial Assistance.” It sought to deal with the reciprocal recognition and enforcement of civil decisions rendered by the courts by way of an inter-governmental agreement. It has become the most important legal source for the purposes of mutual legal assistance and recognition. However, after five plus years after its execution, some problems concerning recognition and enforcement of civil decisions still remain unsolved. This study intends to address and analyze these relevant issues, and ultimately proposes some suggestions as a solution.
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Li, Chin Chu, und 李金厨. „A Study on Recognition and Enforcement of Civil Judgments and Arbitration across the Taiwan Straits“. Thesis, 2013. http://ndltd.ncl.edu.tw/handle/21683911474669679136.
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碩士開南大學
法律學系
101
With the activities of civil and commercial matters between Taiwan and China, peoples often have to resolve their civil strifes through litigation or arbitral proceeding across the Strait. The different legal norms, the historical background and political factors result in recognition and enforcement of civil judgments and arbitrations increasingly important issue across the Taiwan Strait. This is not only involved in the determination of the cross-strait parties interests also affect settlement of the dispute status. The most important is to avoid referee contradiction, conserve judicial resources. In view of this, the paper analyzes and comments on the development of recognition and enforcement of civil judgments and arbitration systems, current regulations, and cases in Taiwan and China, so that relevant industries and the competent authority may have a more thorough theoretical and practical understanding to the defects of current recognition and enforcement of civil judgments and arbitration systems, and then amend the law as soon as possible to improve the system, and to promote cross-strait judicial exchanges and cooperation.
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Tajeddin, Golnaz. „Emergence and Influence of Expertise in Group Decision Making: A Judgmental Task“. Thesis, 2007. http://hdl.handle.net/10012/3206.
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This thesis investigates the emergence and influence of expertise in group decision making while performing a judgmental task. Previous studies focused on intellective tasks or compared the group performance with the performance of the best individual in the group. In this study, performance feedbacks are provided to groups to help group members compare the individual performances and identify the expert.
Laboratory experiments were conducted in which the task was to select a proverb that Canadians would like the most from the list of four proverbs from countries other than Canada. The four proverbs for each question were guaranteed to have equal selection probability based on the pretest survey. 18 four-person cooperative groups were asked to perform the task for eight iterations each. One member in each group was selected randomly to be the expert. Groups received performance feedbacks that reinforced the expert at the end of each iteration. The amount of information conveyed to each group regarding the expertise level of each group member was measured with a novel application of information analysis that captures the expert's gradual emergence. Experiment results supported the hypotheses of this study that (1) group members recognize the expert when working on a judgmental task with performance feedback and (2) while performing a judgmental task, the expert has more influence on the group decision making compared to others.
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Zubr, Martin. „Uznání a výkon cizích soudních rozhodnutí na území České republiky“. Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-338011.
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Resumé The subject of the thesis, "Recognition and Enforcement of Foreign Judgments in the Czech Republic" has been chosen by the thesis' author for its topicality, especially considering the latest changes in the legal regulation in this area. The thesis concerns itself with recognition and enforcement of foreign judgments primarily in terms of the legal regulation and its development in the past few years; special attention is than paid to the legal regulation in the European Union, where a considerable part of the thesis is dedicated to the new Regulation Brussels I bis, effective since January 2015. Furthermore the author is writing on the rest of the European legislation, mainly various other European regulations connected with the recognition and enforcement of judgments in the European Union, such as the Regulation Brussels II bis, the Regulation on Inheritance, the Regulation on the European Enforcement Order or the Regulation on the European Payment Order. The thesis also concerns itself with comparing the previous and current legal regulation in the Czech Republic, especially the new Act on International Private Law, effective since 2014, as well as the international legal regulation, as witnessed in various bilateral and multilateral treaties. The thesis aims to offer an insight into the current...
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KUO, YI-YIN, und 郭宜茵. „A Study on The Recognition and Enforcement of Foreign Judgments of Punitive Damages：Focusing on the U.S. Judicial Decisions“. Thesis, 2017. http://ndltd.ncl.edu.tw/handle/fnzqvw.
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碩士東吳大學
法律學系
105
The doctrine of punitive damages derives from the English common law doctrine of exemplary damages. Until 1763, punitive damages were first recognized in England and have been adopted in Taiwan civil code in the 1980s. Plaintiffs may recover punitive damages in addition to compensatory damages, when the defendant's conduct is intentionally in malice or reckless disregard of the rights and interests of the plaintiff. The purposes of punitive damages are to punish the defendant for aggravated misconduct and to deter the defendfant and others from similar wrongdoing in the future. This thesis is divided into seven chapters. Chapter one is about research motivation, research purposes, literature method, and literature review. Chapter two, revisiting the historical development of punitive damage, the nature meaning and function of punitive damages, also observing and analyzing the punitive damages system which have introduced in Consumer Protection Act in Taiwan. On June 17, 2015, the Legislative Yuan of Taiwan has passed amendments about the levelization of the willful misconduct, gross negligence, and negligence, besides raising punitive damage up to five times the amount of actual damages to meet its purposes. Chapter three, because of the importance in international trade is growing, the number of cases involving the recognition and enforcement of foreign judgments has become more and more popular. Also, the principle of reciprocity has been an international usage. In this Thesis will analyze the elements of Article 402 Code of the Civil Procedure to detect if it is contrary to public order and good morals. Chapter four, in this Thesis point out the irrationalism of practical opinion about punitive damages decisions made by the Supreme Court and the Taiwan High Court, so it does indeed takeTaiwan High Court, App. (Shang-Geng-Yi) 81 for example in order provide a clear criterion and solution to fill in the legal loopholes. Chapter five is about the analysis of typical and individual cases, by summarizing the main point of judgments to set forth guideposts for courts to follow in determining whether a punitive damages award is grossly excessive or not, also applying the concept of Due Process Clause. Chapter six is focus on the appropriate amount of punitive damages that should be awarded plaintiffs to avoid astonishing windfalls. In order to resolving constitutional issues in punitive damage awards, the Supreme Court has provided guidance and reformed punitive damages system. Finally, recently there are many cases about mass tort in defect products so the legislators propose an amendment to Civil Code Article 195-1 for further protection of consumers. Last but not least, I would like to use this thesis to mentions above all the research results as a consideration with a view to amending the law in our country's law.
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Pei-RuYang und 楊珮如. „A Study of Choice of Law and Recognition and Enforcement of Civil Judgments in International and Cross-Strait Copyright“. Thesis, 2014. http://ndltd.ncl.edu.tw/handle/27435971126127975814.
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碩士國立成功大學
法律學系
102
Because the law of copyright is mostly under the principle of creativity, thus the local meaning would not be as obvious as the patent right and trademark right. Although the Law of Copyright can be local-bound, it does not mean the right would not be protected in other country. Under the Principle of National Treatment and Principle of Independent Protection in Berne Convention, when it comes to the range of protection for the copyright, the arguments would be whether other countries’ law should be excluded based on Berne Convention and international treaties Also, a common dilemma is how to quote the applied one when the copyright-concerned collisions occur involving in Law Governing the Application of Laws to Civil Matters Involving Foreign Elements Article 42 and Civil Law. Through the methods of explanation and comparisons of the laws in other countries, the shortages and improvements can be examined. Taiwan Supreme Court held the reason of not stated in Act Governing Relations between People of the Taiwan Area and Mainland Area to rule out the verdicts from Mainland China is a deficiency. Can it be replenished by applied with other laws?
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Žižlavská, Klára. „Nařízení Brusel I a jiné procesní předpisy evropského mezinárodního práva soukromého (z pohledu uznání a výkonu soudních rozhodnutí ve věcech občanských a obchodních)“. Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-311287.
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Diploma thesis "Regulation Brussels I and other procedural legislation of European private international law" (with regards to recognition and enforcement of judgments in civil and commercial matters) is focused on the procedure of recognition and enforcement of foreign judgments in the European Union. The beginning of the thesis is dedicated to the European legislative development of the recognition and enforcement of foreign judgments. The key part of the thesis, analysis of recognition and enforcement according to Council Regulation (EC) No 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, so called Brussels I Regulation, is contained in the third chapter. This chapter describes the procedure required for recognition and enforcement of judgments given in one member state in another member state, lists related significant decisions of the Court of Justice of the European Union and provides critical evaluation of this procedure by specialists. The aim of Chapters four and five is introduction of regulations that came into force after the Brussels I Regulation. These are Regulation (EC) No 805/2004 of the European Parliament and of the Council of 21 April 2004 creating a European Enforcement Order for uncontested claims and Regulation (EC) No...
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Sun, Cheng-Hua, und 孫正華. „Research on Mutual Legal Assistance Between Taiwan and Mainland China— The Recognition and Enforcement of Judgments Rendered by Courts of Mainland China“. Thesis, 2007. http://ndltd.ncl.edu.tw/handle/38444613868102115034.
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碩士臺灣大學
國家發展研究所
95
The subject of the thesis is to research mutual legal assistance between Taiwan and Mainland China, and the major issue focuses on the recognition and enforcement of judgments rendered by courts of Mainland China, because recognition and enforcement of foreign judgments is not only important for settling disputes between parties to suits, but also significant for saving judicial resources. The thesis demonstrates that because the area of conflicts of law between cross-Strait belongs to international conflicts of law, the mutual legal assistance between them is international mutual legal assistance; therefore the conventions on the recognition and enforcement of foreign judgments is suitable for use. However, since China still denies the legitimacy of the Taiwanese Government and claims that Taiwan is one part of their territory nowadays, it is difficult in reality for Taiwan to sign those conventions as an independent country. Consequently, the thesis discusses international conventions and internal agreements between Mainland China, Hong Kong and Macau simultaneously, and analyses the possibility of using those conventions and agreements as reference to resolve Taiwan’s problem. According to the research, Taiwan shouldn’t recognize and enforce criminal judgments rendered by courts of Mainland China because there are huge gaps between cross-Strait on political, social, economic even legal systems. As to recognition and enforcement of judgments in civil and commercial matters, although the Act Governing Relations Between Peoples of Taiwan Area and Mainland Area §74 has already given the legal basis, the section is too simple to handle various kinds of disputes. The thesis suggests using international conventions and internal agreements of the above as reference to amend §74, and Taiwan could resolve current controversies unilaterally even without any negotiation and agreement with Mainland China. Furthermore, the thesis offers concrete amendment and legal reasons in Chapter 6.
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Hsiao, Ya-Wen, und 蕭雅文. „A Study of Divorce and Parental responsibility Cases with Foreign Factors - Centering on Jurisdiction,Choice of Law,Recognition and Enforcement of judgments“. Thesis, 2011. http://ndltd.ncl.edu.tw/handle/41417055536642119939.
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碩士國立中正大學
法律學研究所
99
Legislative Yuan made an amendment of the Civil Matters Involving Foreign Elements Law on May 26, 2010, which will come into effect a year later. Especially divorce cases and parental responsibility matters meet the principles of gender equality and the interest of children respectively. In the same year, European Union enacted "Council Regulation Implementing Enhanced Cooperation In The Area Of The Law Applicable to Divorce and Legal Separation" (2010 Regulation), and will be effective in all member states on July 21, 2012. It's the first time that the E.U. reaches a consensus in the area of choice of laws. The Regulation allows limited party autonomy in choice of law. On the other hand, in 1996, "Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Cooperation in Respect of Parental Responsibility and Measures Protection of Children" (1996 Convention) enacted by the Hague Conference on Private International Law and becomes operative on 1, January, 2002, which is the union of the choice of laws of parental responsibility without precedent. Comparing with our country, is it possible to amend Article 50 and Article 55 again? These issues needs to be further discussed. A theme for international parental responsibility emphasizes on children maintaining contact with their parents rather than determining the primary career after parents divorced. Children’s contact right has become the most recent trends. Both "Council Regulation (EC) No 2201/2003 of 27 November 2003 concerning jurisdiction and the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility"(2003 Regulation), and " Transfrontier Contact Concerning Children-General Principles and Guide to Good Practice" published by Hague Conference on Private International Law in 2008 regard children’s contact right as the most important thing. However, judicial practice and doctrines of law in our country has not been approached to this subject. Therefore, this essay opens a precedent, introducing the concept of contact right, which includes accessing, visiting, and contacting. Legislators only enacted Article 182-2, Article 402 of Civil Procedure Code and Article 49 of Non-Litigation Law in international civil proceedings. Most scholars and justices determine international jurisdiction by analogy. However, taking the specialty of foreign elements into account, the better way to decide jurisdiction is considering the code of jurisdiction in our country , relevant international norms, and international private law principles, which is called the theory of "jurisprudence" . In divorce cases, we should consider not only special jurisdiction of Article 568 and Article 592 of the Civil Procedure Code but also the principle of gender equality and 1970 Hague Convention on the Recognition of Divorces and Legal Separations (1970 Convention). With regard to parental responsibility matters, deliberating the not only principle of the interest of children, but 1980 Convention on the Civil Aspect of International Child Abduction(1980 Convention) , 1996 Convention, and 2003 Regulation as well. Further, could the concept of domicile be explained as "habitual residence"? Moreover, should "lis pendens" and "non bis in idem" of international parallel proceedings in two jurisdictions be applied in divorce and parental responsibility cases? The conc1usion will be summarized and proposed. Finally, in part of recognition and enforcement of foreign judgments, what review system does Article 402 of the Civil Procedure Code and Article 49 of the Non-Litigation Law adopt? We analyzed four Clauses progressively: Foremost, the criterion of determining direct jurisdiction and indirect jurisdiction should be identical. Secondary, notice of action clause, such as appearance and legal service should be interpreted concretely. Thirdly, in order to reach individual justice, public policy clause should take the principles of gender equality and the interest of children as primary consideration. Lastly, mutual recognition clause is not appropriate and should be deleted. Especially, review authority of household registration office in the divorce cases. This essay will analyze practice judgments and relevant international norms, and then summarize and propose guidelines for the most suitable direction of our country.
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Xaba, Gift Manyanani Nkosinathi. „Presence as a basis for the recognition and enforcement of foreign judgments sounding in money – a comparative study of Canadian and South African law“. Thesis, 2014. http://hdl.handle.net/10210/11827.
Der volle Inhalt der QuelleAnnotation:
L.LM. (International Commercial Law)This dissertation, properly speaking, deals only with the recognition of foreign monetary judgments. In common parlance, however, the terms ‘recognition’ and ‘enforcement’ have blended, with “enforcement” being used more commonly to refer to “recognition” than the term recognition is. Throughout this paper, the terms will be used interchangeably to refer to the classic concept of recognition; that is to say the circumstances in which a court will allow a foreign party to enforce a foreign judgment. Central to this paper is the recent South African Supreme Court of Appeal (hereinafter SCA) case of Richman v Ben-Tovim. This includes a critical discussion of the submissions made by the SCA in reaching its decision. The author is of the view that the SCA in hearing a case of this nature ought to have considered a comparative study of the private international law rules applied elsewhere.