Dissertations / Theses on the topic 'Delegation (Law)'
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Hedenbo, Daniel. "Kommunalrättslig delegation : Bakgrund, utveckling och aktuella frågor." Thesis, Karlstads universitet, Handelshögskolan (from 2013), 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-68896.
Full textMarcum, Seth Allen. "An Argument For Non-Delegation?" Kent State University Honors College / OhioLINK, 2017. http://rave.ohiolink.edu/etdc/view?acc_num=ksuhonors14948704961944.
Full textCreamer, Cosette D. "Dilemmas of Delegation: The Politics of Authority in International Courts." Thesis, Harvard University, 2016. http://nrs.harvard.edu/urn-3:HUL.InstRepos:33493262.
Full textGovernment
McMurray, Diane. "Re-examining the law-making power in the Canadian Constitution: A case for a non-delegation doctrine." Thesis, University of Ottawa (Canada), 1996. http://hdl.handle.net/10393/9808.
Full textDissaux, Nicolas. "La qualification d'intermédiaire dans les relations contractuelles /." Paris : L.G.D.J, 2007. http://www.gbv.de/dms/spk/sbb/recht/toc/537543813.pdf.
Full textMotta, Alberto. "Optimal mechanisms against corruption: incentives, self reporting and delegation." Doctoral thesis, Università degli studi di Padova, 2008. http://hdl.handle.net/11577/3426745.
Full textMansell, John Norman Keith. "An analysis of flag state responsibility from an historical perspective delegation or derogation? /." Access electronically, 2007. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20080905.125358/index.html.
Full text李妙轉. "論行政授權 =Administrative authorization." Thesis, University of Macau, 2016. http://umaclib3.umac.mo/record=b3534548.
Full textBasic, Nando. "Rådgivande styrelse i ett svenskt privat aktiebolag." Thesis, Uppsala universitet, Juridiska institutionen, 2021. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-432060.
Full textTensetti, Louise. "AI i styrelserummet : Artificiell intelligens i aktiebolagsrättsligt sammanhang." Thesis, Linköpings universitet, Filosofiska fakulteten, 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-156085.
Full textEl, Youssef Dina. "Les contrats internationaux de délégation de service public." Thesis, Nice, 2013. http://www.theses.fr/2013NICE0039.
Full textInternational contracts of public service delegation is part of a set of known longstanding techniques, long-terme leases with more than three centuries of existence and the concessions being emerged is the nineteenth century. Public-private partnerships are the latest form dated complex relations between public authorities and industry operators or services. The technique of delegation of public service is widely used in the world and adapted states follow there own internal laws in different approaches of the delegation. Notes that the amplitude of the subject is a challenge. A systematic approach will reduce difficulties. Several factors most be taken into consideration. The first concerns the delegable activity, the second door on the contractual forms of delegation and the third focuses on international transposition delegation contracts. In our research, we will study contracts delegation of public service in the broadest sense and from an international point of view without going into the internal classification of those contracts in each country. Based on the French model of th "concession" and the Anglo-Saxon model "BOT" which are the two basic models of the most common we will follow all the steps of delegation contract : Procurement, life and termination of the contract and its contents. We will also try to highlight the answers to the problems arising from this experience and widespread in almost all countries and applications whose success depends on the geographical area and population of the country
Schlicht, Christian Rainer. "Die kumulative Schuldübernahme in der Rechtsprechung des Reichsgerichts und in der zeitgenössischen Literatur /." Frankfurt a. M. [u.a.] : Lang, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/397620772.pdf.
Full textKim, Dongwoo. "A tool for delegative governance? : South Korea's National Security Law and delegative democracy." Thesis, University of British Columbia, 2016. http://hdl.handle.net/2429/58709.
Full textArts, Faculty of
Political Science, Department of
Graduate
Louise, Rask. "Organisatorisk och social arbetsmiljö : Möjlighet till återhämtning." Thesis, Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-62621.
Full textKandidatuppsatsens huvudämne är hur möjlighet till återhämtning kan användas som resurs vid hög arbetsbelastning. Gällande rätt kommer granskas utifrån frågeställningen vad gällande rätt är, vid möjlighet till återhämtning. Uppsatsen berör även ämnet delegering samt vad chefer har för kunskap, kompetens och befogenhet för att utföra ett delegerat arbetsmiljöarbete. Uppsatsen syftar till att utreda den nya föreskriften AFS 2015:4 som trädde i kraft 31 mars 2016. Föreskriften är en effekt av det höga sjuktal som framkommit i en undersökning utförd av arbetsmiljöverket. Enligt undersökningen kan den vanligaste orsaken till sjukskrivning bland kvinnor, härledas till organisatoriska och sociala faktorer. Arbetsrättslig reglering i form av Arbetsmiljölagen och Arbetsmiljöverkets föreskrifter bearbetas för att ge svar till frågeställningarna. Kunskaper om stress och återhämtning ges även utrymme i uppsatsen. Vidare har en kartläggning gjorts på utvalda verksamheter för att granska hur dessa verksamheter arbetar med möjlighet till återhämtning. I kartläggningen utreds även hur verksamheterna arbetar efter implementeringen av den nya föreskriften AFS 2015:4 och vilka effekter föreskriften haft på verksamheterna. Samtliga verksamheter har en överrepresentation av kvinnor. Detta urval var medvetet då uppsatsen har ett övergripande genusperspektiv. Analysen berör den rättsutredning och empiri som bearbetats i uppsatsen för att ge svar på frågeställningarna. Genom Arbetsmiljölagen och den nya föreskriften AFS 2015:4 kan det konstateras att arbetsgivarens arbetsmiljöansvar är långtgående. Möjlighet till återhämtning ges i största utsträckning genom raster på arbetsplatserna. Det är således viktigt att arbetsgivaren säkerställer att rasterna är båda schemalagda samt utnyttjas. Huruvida den nya föreskriften haft någon påverkan på sjuktalen, är i dagsläget svårt att bekräfta.
Alhajri, Muna. "Le Contrat BOT (Build, Operate, Transfer) au Koweït : un modèle de partenariat public-privé." Thesis, Université de Lorraine, 2018. http://www.theses.fr/2018LORR0063.
Full textThe Public Authorities (Government) of Kuwait aim to create a favorable investor climate, with particular emphasis on public-private partnerships. Thus, in 2008, the Kuwaiti Parliament passed Law 7/2008, which includes a general organization of contracts of construction, exploitation and transfer (BOT) “Build, Operate and Transfer”. The legislator subsequently adopted the law 116/2014 on the partnership which repeats in more detail the forms of public-private cooperation. To this end, two bodies have been created: the High Committee and the Projects Authority, with extensive expertise in the training and execution of the BOT contract (call for tenders, negotiations, conclusion of the contract, its duration, financing, etc.). The objective of this study is to deal, from this legislation, with the concept of BOT contract that specialists readily assimilate to the term of concession, or that of public service delegation. In this perspective, it is necessary to address the financial arrangement and the legal nature of the BOT contract.The implementation of the BOT contract involves a diversity of contracting parties (administration, private partners, creditors, construction companies, equipment suppliers, capital investors, consumer users of products, etc.), which makes the implementation of this type of contract rather complex. This complexity can be seriously arisen in Kuwait, as the country has just inaugurated this procurement procedure directly involving the public and the private sector.The financial set-up of the BOT contracts, known as the "financing project", relies almost entirely on private actors. Therefore, the question that arises is that of the distribution of risks. In this regard, the analysis seeks to understand why financing risks are borne mainly by the private operator, indirectly by the project company, and directly by the lender, in this case the banks. However, to cover these risks, the BOT contract provides, for the benefit of fund providers, a number of guarantees covering both the project assets (equipment, tools, inventory, transfer of receivables) and the project itself (pledging and hypothecation of shares in the project company, transfer of income, substitution banks to the defaulting private promoter).The legal nature of the BOT contract raises two major questions: the first is whether this type of contract falls under administrative law or civil law. The second deals with disputes that may arise from this type of contract, which includes a wide range of foreign elements (outside investment, technology transfer, etc.) and is subject to international arbitration. At this level, one must know the applicable law: is it domestic law or international law? It is to this set of questions that this research tries to bring a beginning of answer by taking as a framework of reflection the Kuwaiti context
Bekink, Bernard. "The Restructuring (Systemization) of Local Government under the Constitution of the Republic of South Africa, 1996." Thesis, [S.l.] : [s.n.], 2006. http://upetd.up.ac.za/thesis/available/etd-12042006-163249/.
Full textAttas, Spyros C. "The right of legation of the European Community : Commission delegations to third countries." Thesis, University of Exeter, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.314569.
Full textKarlsson, Maria, and Kristoffer Gustafsson. "Laga kraft vinning för lovärenden enligt PBL (2010:900)." Thesis, Högskolan Väst, Avdelningen för data-, elektro- och lantmäteriteknik, 2016. http://urn.kb.se/resolve?urn=urn:nbn:se:hv:diva-10615.
Full textEach municipality in Sweden must have a local building committee. The committee consists of elected politicians responsible for managing the permit process related to construction, dem-olition and ground processing. The committee manages the permit process by delegating the entire task or parts of it to employed officials. If there is no delegation the officials will write a suggested decision to be reviewed and decided by the committee. This essay investigates construction-, demolition- and ground processing permit where the of-ficials and the local building committee differ in their decisions and the assessment which led to these decisions. The examination included studies of four municipalities in the county of Västra Götaland: two smaller, Färgelanda and Munkedal municipalities, and two larger, Trollhättan and Uddevalla. The investigation consisted of two parts. One examination of the permit protocols, and a series of interviews with officials. During 2015 there were 1386 cases of permits within the four municipalities. 23 of these were cases of the committee not deciding in accordance with the proposition of the officials. A number of errors were also found, such as there not being a stated reason for the decision, or lack of any clear legal reference. This raises the question of whether or not the rule of law is followed during these circumstances. After consulting with Ulrika Nolåker from Byggutbildarna, the issues were expanded further when it was discovered that more errors occur during the municipal management of the con-cerned parties and the announcements of the cases. In order to receive further guidance, knowledge and information on how to interpret the laws handling concerned parties and an-nouncements, contact was made with Ulf Jensen and Eidar Lindgren, professor in real estate science at Högskolan Väst, and lecturer of real estate sciences at Kungliga Tekniska Högsko-lan, respectively. The conclusions of the examination is that the building committee puts a lot of responsibility on the officials through delegations. The cases when there is no delegation and the case is decided by the committee are few. The reasons why the proposition and the final decision not always matches is due to different factors such as different knowledge or different assessments. Neither the committee nor the officials are consistent with the law referencing in the decisions. The municipality cannot guarantee that every concerned party have been given the chance to give their opinion, when some of them use what’s called "silent agreement". Only three of the cases has the municipality received and opinion from every concerned party. None of the cases has been announced in the correct time and two has not been announced at all.
Rocha, Jean Paul Cabral Veiga da. "A capacidade normativa de conjuntura no direito econômico: o déficit democrático da regulação financeira." Universidade de São Paulo, 2004. http://www.teses.usp.br/teses/disponiveis/2/2133/tde-12022015-204835/.
Full textFinancial regulation, specially banking regulation, plays a central role in the organization of social life. The current regulatory techniques, highly sophisticated, are the result of decades of evolution. They require well-trained public officials, specific budgets and a complex institutional framework. Moreover, in order to carry on the systemic and prudential regulations, regulators need broad rule-making powers. The assignment of such authority to non-majoritarian bodies is considered by some authors as a sort of anomaly in Constitutional Law. To others, it is seen as a necessary element of the institutional design of the contemporary Regulatory State. This is the stage where the debate about the process of bureaucratization of social life meets the intellectual concern about the current developments of western public law, namely the issue of the separation of powers. The juridification of the social spheres brings the issue of the democratic deficit of bureaucratic policymaking. Since ordinary citizens lack the expertise as well as the material and financial resources which are necessary to monitor the decision-making process, this dissertation develops the normative assumption that judicial review is necessary to ensure the democratic legitimacy of the administrative process. The dissertation analyses that democratic deficit from the viewpoint of the constitutional jurisprudence of the Brazilian Supreme Court (Supremo Tribunal Federal STF) regarding separation of powers, the rule-making authority of Brazilian non-majoritarian bodies and the doctrinal disputes about legislative delegation. The case studies show that the judicial review by STF has in practice rejected the Brazilian public law non-delegation doctrine, but has done it in a way that does not strike a balance between technocratic rationality and the normative claims of deliberative democracy.
Lines, Jonathan L. "287 (g) cross-delegating state and local law enforcement officers with federal immigration authority -- homeland security remedy or rue?" Thesis, Monterey, Calif. : Naval Postgraduate School, 2008. http://edocs.nps.edu/npspubs/scholarly/theses/2008/Dec/08Dec%5FLines.pdf.
Full textThesis Advisor(s): Brannan, David; Miller, Patrick. "December 2008." Description based on title screen as viewed on January 29, 2009. Includes bibliographical references (p. 107-114). Also available in print.
Caron, Matthieu. "L'autonomie organisationnelle du gouvernement : recherche sur le droit gouvernemental de la Vème République." Thesis, Lille 2, 2014. http://www.theses.fr/2014LIL20030/document.
Full textFrench constitutional doctrine, following the treaties of Jules Poudra and Eugène Pierre, acknowledged that Parliamentary Law represented a positive reality which deserved to be conceptualised and take its full place as a university discipline. It is paradoxical that no in-depth study has ever been carried out on Government to determine if Governmental law really existsBy collecting, gathering and analysing the rules concerning the internal organisation of the Government of the Fifth Republic, this thesis wishes to prove that the Government regulates its own organisation and internal operations in an autonomous manner in much the same way as the Parliament. On the one hand this thesis defends the fact that the Government has a variable scope of autonomy (Residual, shared or complete) when drawing up laws governing its own organisation policy. On the other hand, it points out that the Government exercises full autonomy to regulate the organisation of its administration (Ministries, Offices in charge of coordinating the different Ministries and the Central Administration).The intention of this thesis is not to put forward a general theory on Governmental Law. It is an initial research into constitutional law with a purpose of stimulating doctrinal debate on the existence of Governmental Law and its utility for Democracy
Caron, Matthieu. "L'autonomie organisationnelle du gouvernement : recherche sur le droit gouvernemental de la Vème République." Electronic Thesis or Diss., Lille 2, 2014. http://www.theses.fr/2014LIL20030.
Full textFrench constitutional doctrine, following the treaties of Jules Poudra and Eugène Pierre, acknowledged that Parliamentary Law represented a positive reality which deserved to be conceptualised and take its full place as a university discipline. It is paradoxical that no in-depth study has ever been carried out on Government to determine if Governmental law really existsBy collecting, gathering and analysing the rules concerning the internal organisation of the Government of the Fifth Republic, this thesis wishes to prove that the Government regulates its own organisation and internal operations in an autonomous manner in much the same way as the Parliament. On the one hand this thesis defends the fact that the Government has a variable scope of autonomy (Residual, shared or complete) when drawing up laws governing its own organisation policy. On the other hand, it points out that the Government exercises full autonomy to regulate the organisation of its administration (Ministries, Offices in charge of coordinating the different Ministries and the Central Administration).The intention of this thesis is not to put forward a general theory on Governmental Law. It is an initial research into constitutional law with a purpose of stimulating doctrinal debate on the existence of Governmental Law and its utility for Democracy
Carro, Martín Sergio. "La materialización de la fe islámica: Estudio material, textual e iconográfico de seis certificados de peregrinación a La Meca y Medina (ss. XV-XVI)." Doctoral thesis, Universitat Pompeu Fabra, 2019. http://hdl.handle.net/10803/670003.
Full textThis PhD Dissertation presents the edition and global study of six pilgrimage certificates to the holy places of Mecca and Medina, dated between the 15th and 16th centuries. The particularity of this documentary typology lies in the fact that they attest delegated pilgrimages, whose legal origin is analyzed in this work. In this sense, this Dissertation differs in perspective from the devotional approach commonly used to study previously described certificates, and propose that the role played by these documents would be related to the Islamic jurisprudence on inheritance law. The comparative analysis, on the other hand, allows us to offer a general overview of the evolution of this typology from three different perspectives: materiality, textuality, and iconography. The main aim of this work is shed light on our knowledge of this kind of documents, explore the reasons for their emergence and implement the methodology of editing and studying unpublished manuscripts according to the criteria proposed by Papyrology.
Samb, Seynabou. "Le droit de la commande publique en Afrique noire francophone : contribution à l'étude des mutations du droit des contrats administratifs au Sénégal, au Burkina Faso, en Côte d'Ivoire et au Cameroun." Thesis, Bordeaux, 2015. http://www.theses.fr/2015BORD0326/document.
Full textCaught between the new reality of legal globalization, community integrationrequirements and the political, economic and social constraints of each state, the regulation ofadministrative contracts in French-speaking African countries has changed. The sources of suchregulation have been expanded. Its conceptual and material foundations have changed. A newsystem of public procurement has emerged. Trying to renew principles of transparency, as wellas freedom of acces to public procurement and equality, the new public procurement regulationprovides a body of common rules for public procurement, public service delegation contractsand public-private partnership contracts.First, in order to achieve this, it relies on a new interpretation of the notions on whichAdministrative Contracts Law is based. Second, the new public procurement regulationrepresents a recasting of award procedures, control mechanisms and dispute resolutionmeasures. The emergence of these new regulations follows reforms of Administrative ContractsLaw in the respective countries.The objective of this study is to analyze the actual contribution of provisions flowing from thesereforms, in order to see if they are contributing to ensuring that competitive ideology isincreasingly effective
Apsokardou, Eirini. "Le domaine de la loi et du règlement dans le droit des contrats administratifs." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020004.
Full textAccording to the case law of the Constitutional Council and the administrative courts as well as to some public law theorists, the definition of the rules governing the award and the performance of Government administrative contracts, administrative contracts of State-depended public bodies and public contracts of local authorities falls within the scope of the regulatory powers of Government. More specifically it is argued that public procurement law is part of the rules governing the procedure of administrative decision making and the organisation of public services which are matters traditionally reserved to the autonomous regulatory power. The lack of coherence within the legislative and regulatory sources of public procurement law is mainly due to the predominant role of regulations. Despite the latter’s consolidation by the French courts, the growing number of legislative texts intended to build a coherent set of rules in this field has become a source of complexity. The transformation of the sources of the law of administrative contracts in the last few years – including the Community law dimension – requires the prior intervention of the Legislature. Therefore, the provisions governing the law of public procurement contracts should necessarily be restructured. This could be achieved through the redefinition of the constitutional basis of legislative and regulatory powers in the field of public contract law and consequently through a new balance between law and regulation with the intention of safeguarding the predominance of the former. Drafting the rules on the basis of Article 34 of the French Constitution which enables the Legislature to define the fundamental principles of civil obligations will clearly contribute to a more coherent and systematic approach regarding the sources of public procurement law.. Should the powers of the Legislature be safeguarded, the regulations will then be confined to their usual role, which is secondary and subordinate to Parliamentary Acts
Brink, Linda Eugene. "Biografie van die taalstryder F.V. Engelenburg tot met die stigting van die S.A. Akademie in 1909 /deur Linda Eugene Brink." Thesis, North-West University, 2010. http://hdl.handle.net/10394/6488.
Full textThesis (M.A. (History))--North-West University, Vaal Triangle Campus, 2010.
Cheng, Li. "Le principe de légalité de l'impôt et son application en Chine." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1014.
Full textThe principle of legality of the tax, being a translation of the taxation consent in a legal background, is universally recognized by democratic countries. This principle, consisting to limit the taxation power of the government and to protect the fundamental rights of citizen, plays a crucial role to establish a hierarchy of legal rules. However, this principle is recognized only partially and vaguely in China. We have conviction that the effective application of this principle will not only improve the efficiency of the management of the taxes, but also calm down the tensions and to improve the relationship between the administration and tax payers.The application of this principle must be carried out around two axes: one consists in the establishment of taxation rules principally by law in order to limit the power of regulation of government, the other in effective application of the legal rules in taxation, in order to protect the tax payer’s rights. For the first one, abrogation of delegations of legislative power appears desirable and necessary to settle the problem of negligence of legislator’s competence, as well as the depreciation of the tax norms in China. And as for the second one, it is necessary to notice the illegality and irregularities in the execution of the legal rules, which is an obstacle to apply this principle either in the taxation in the proceedings
Reynaud, Jean-Baptiste. "L'encadrement par l'Etat des prérogatives des fédérations sportives françaises." Phd thesis, Université de Bourgogne, 2013. http://tel.archives-ouvertes.fr/tel-00983442.
Full textYun, Minjung. "Le service public de l'éducation en Corée du Sud." Electronic Thesis or Diss., Université Paris-Panthéon-Assas, 2023. http://www.theses.fr/2023ASSA0054.
Full textThe South Korean public education which contributed to the success of economic growth and democracy within a century was the pride of the country, but it eroded under the weight of the private school system and the public education crisis. Being aware of these issues, this thesis aims to obtain educational and legal ideas that apply to the education in South Korea by analyzing the French public service of education. Issues related to the ambiguous status of private schools and the neutrality principle incorrectly applied are usually reported as legal issues observed in the South Korean public service of education. As a solution to these issues, consider introducing the French concept of public service and related legal basis such as classification of public services based on functional standards, delegation of public services, respect for public service principles and active resolution of disputes through administrative courts are worth considering. The public sector requires respect for related principles and the introduction of the concept of public service can contribute to the resolution of problems related to the neutrality principle. The obligation of neutrality does not extend to the area of private life and should not serve as a legal basis to deprive fundamental rights. In addition, private religious schools which receive public subsidies, must respect the principle of neutrality instead of enforcing a specific religion on the members of the school
Mbatha, Leonard Thula. "Delegation of authority by school principals : an education law perspective." Thesis, 2014. http://hdl.handle.net/10210/9720.
Full textThis research departs from the premise that within the school, the principal as a professional leader, is vested with some kind of authority which he' exercises in order to ensure effective and efficient management of his school. He is the central authoritative body and the pivot on which management powers and their delegation " hinge. He derives this apparent authoritative legal status from his position as a principal and professional leader ofa school (Bray, 1988:44). Placed in this situation, the principal is called upon to utilize a wide range of competencies in carrying out his job and delegation is one of the most important management techniques he must rely on, if he wants to be successful. However, delegation of authority does require consideration of some legal implications such as the legal limitation that certain tasks delegated by law cannot be further delegated. Schools, like other organizations, are legally established organizations set up to serve specific functions, and like all organizations, they need to be administered and properly managed. Invariably, within the school final authority over most aspects of schooling rests with the school principal. Engelking (in Hostrop,1990:200) argues that "the principal of a successful high school is an initiator, one who displays creativity and vision in decision-making, one who is able to delegate responsibility as appropriate and analyzes information relative to school problems"...
jen, Lu Chung, and 呂忠仁. "The Impact of Government Purchasing Law on the Purchase of Sports Facility-Case Study on the Chinese Taipei Delegation." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/33657876482291512878.
Full text臺北巿立體育學院
運動科學研究所
91
Abstract The purpose of this study was to understand government purchasing law, the purchase of sports facility and the influence of the implementation of government purchase law on the sports groups, studying the Busan Asian Games as a case. This study investigates the problems encountered by the sports groups when purchasing sports facility, whose influence to athletes and some suggestions for future reference. It is a hope that the result of this study can be provided to government and civil organizations for their future reference. This study was written with support from analyzing the questionnaires of the impact of the government purchasing law on the sports groups, sampling from 46 staff of Busan Asian Games participating groups, and the results of the study are as follows: 1. Most of the staff think that the implementation of the government purchasing law has made the purchase of sports facility deficient, lack of administration back up and that a clear system be set up. 2. Most of the staff disagrees that the government purchasing law should imply to the national sports teams when purchasing sports facility, for it takes time to facilitate the procedures. Besides, designated sports facility does not allow to be replaced by others. 3. In general, the efficiency of purchasing training facility is vital to the improvement of the skill and result of the athletes. 4. To sum up, suggestions are that modification of the purchasing law or addition to relative regulations of the sports purchasing law can be made or in consultation with that of the other fields.
Nguyen, Quoc Viet [Verfasser]. "Explaining the transition to the rule of law in Vietnam : the role of informal institutions and the delegation of powers to independent courts / vorgelegt von Nguyen Quoc Viet." 2006. http://d-nb.info/981050484/34.
Full textGozlan, Audi. "BA'S : The practice and law of bankers' acceptance." Thèse, 2007. http://hdl.handle.net/1866/4362.
Full textWhen dealing with a BA transaction several types of relationships may develop, some more direct than others. In any given transaction, aside from the customer and bank, there may be one or more participating banks, investment dealers, or multiple investors, who become holders of the BA. The situation may be complex and the legal relationships may become quite intricate. However, it is important to identify whether the relationship is established through the BA instrument, or whether it exists by ordinary contractual relationship or by operation of law. Proper analysis of the surrounding circumstances, the connecting factors, and the obligations and the rights which exist between the parties, will be necessary in determining whether or not the contractual rules of the provinces, or federal law rules apply, and to what extent. Granted, the BA instrument is clearly governed by the Bills of Exchange Act. Any solution introduced to a problem involving a BA must, in principle, respect the inherent nature of the BA as a negotiable instrument, governed by federal law. In the case of BAs, either the Bills of Exchange Act or the Depository Bills and Notes Act will apply to the instrument. Since there are applicable federal rules to BAs, the purpose of our study is to determine if, and under what circumstances, provincial law, such as the Civil Code of Quebec, would find application with respect to BAs and complement the provisions of the Bills of Exchange Act where the statute is silent or ambiguous. The simple solution would be to apply provincial law to those matters not addressed in the Act, as provincial law typically compliments federal legislation. However, the Bills of Exchange Act contains a peculiar provision, namely section 9, which provides: “9. The rules of the common law of England, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, apply to bills, notes and cheques.” This provision has created confusion as to the appropriate application of Quebec civil law to matters of bills of exchange. Indeed, there is doubt as to whether section 9 is in fact an incorporation by reference that effectively precludes the application of civil law. The problem continues to be a contentious issue in the doctrine and jurisprudence. The "inexorable character" of the problem created by the interpretation of this provision has given rise to a number of diverse theories regarding the extent of the applicability of common law to matters of bills of exchange. As we can clearly conclude from a review of the jurisprudence, the courts, for the most part, have been conciliatory to the application of provincial law in issues involving bills of exchange. The majority of judges express a hesitance to jeopardize the integrity of the provincial law as complimentary law in order to accommodate the idea that Parliament's desire was to enact an extensive and far-reaching law of bills and notes. The position of most doctrinal writers is very much the same. The essential question of our analysis is which rules will govern the issues, which emerge within BAs - the Civil Code of Quebec or the common law of England? From a Canadian perspective, understanding which law is applicable to BAs is of paramount importance, since courts are dealing with an increasing amount of banker's acceptance transactions. To answer this question, we will begin with an examination of the origin and evolution of the banker's acceptance. In Chapter Two, we will also analyze the nature and legal character of the BA. This will establish the framework through which we can identify the rules and principles that apply to the various aspects of the BA transaction. In Chapter Three, we examine the mechanics of the BA operation step-by-step, paying close attention to the requirements imposed by legislation. We look at the laws applicable to the BA and describe the various agreements pertaining to the BA. Having examined the legal nature of the BA as being a negotiable instrument governed by federal law and a contract and moveable pursuant to the Civil Code of Quebec, we will proceed in Chapter Four to consider the applicability of provincial law to aspects of the BA transaction. To this end, we examine different approaches to understanding the Bills of Exchange Act, particularly the problematic section 9, as well as the applicable law as understood in Quebec jurisprudence during the past century. Judges and jurists alike have attempted to understand what was meant when the legislator stated in section 9, "[t]he rules of the common law of England, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, apply to bills, notes and cheques." Is this section to be interpreted literally, requiring us to apply English common law to every issue that might arise in connection with bills and notes? Does Parliament intend this provision to apply equally to Quebec, whose private law is based on the civil law system? Our study will look to interpretive approaches offering a variety of different solutions to the problem of section 9. Finally, given new legislative developments, in Chapter Five, we offer a proposed method to determine the law applicable to various aspects of the BA transaction. Our analysis has lead us to adopt the result advocated by the majority of jurists, but with the recognition that our approach to section 9 is based on reasons of policy. We have adopted the strict/wide dichotomy, (as a negotiable instrument on the one hand, and as a specie of contract and property on the other hand) realizing the difficulties inherent in determining where one ends and the other begins. Therefore, in our opinion there exist two solutions. Firstly, there is the possibility that section 9 could be repealed. In this case, all matters not expressly dealt with in the Act would fall to be governed by provincial law, as is the case with other federal legislation. In these situations, Quebec civil law takes on a suppletive role in applying a federal law in Quebec. Secondly, there is the possibility of modifying rather than repealing section 9. Incorporating the strict/wide dichotomy into section 9 itself seems to us to be a more preferable solution. The provision could read, "The rules of the common law of England, including the law merchant, save in so far as they are inconsistent with the express provisions of this Act, apply to bills, notes and cheques in a strict sense. For greater certainty, bills and notes in a strict sense include the form, issue, negotiation and discharge of bills, notes and cheques." Alternatively, a Law Reform Commission could draft an Act that defines section 9 according to the strict /wide dichotomy. These types of changes would prove to be an important step to clarifying the law, and strike the appropriate balance between the application of federal and provincial law to bankers' acceptances.
Hagen, Julia. "A Commitment is a Commitment is a Commitment?" Doctoral thesis, 2018. http://hdl.handle.net/21.11130/00-1735-0000-0003-C116-A.
Full textChen, Hsuan Hao, and 陳宣豪. "The Division of the Jurisdiction of Administrative Appeal - Taking Local Organizational Laws and Delegation Practice as an Example." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/28052169408896485264.
Full text臺灣大學
國家發展研究所
98
According to the regulations that in this law, the management organization is ○○○ in the central government, is the municipal government in the municipality, and is the county (city) government in the county (city), the present central laws often divides administration authority into central and local, thereby establishing the level of the jurisdiction of administrative appeal in administrative remedies. However, after dividing administration authority into central and local, local governments add empowerment clauses in organizational autonomy laws and use delegation regulations, 15th 1st item, in administrative procedural laws to delegate the power to sub institutions. As a result, besides changing the punishment nominal institutions, the level of the jurisdiction of administrative appeal in administrative remedies is also changed. Thus, a case of administrative appeal that belongs to the central level is changed to the local level. Whether this method is appropriate is worthy of discussion, especially for the situation that many municipalities directly under the jurisdiction of the central government, such as Taipei City, New Taipei City, Taichung City, Tainan City, and Kaohsiung City, and quasi-municipalities, such as Taoyuan County, are increasing. Such way, that’s revising empowerment clauses in organizational autonomy laws, and delegating power to the first-level institutions will become the normality, resulting in the unfair dispute of the case of administrative appeal. This study adopts the theory of the administrative-appeal system and the administrative jurisdiction to analyze various pragmatically operative difficulties and causes of disputes resulting from local governments using organizational autonomy laws to delegate power. The author explores the actual operative situation through the explanation of laws to make clear the gap between the theory and the practice, which highlights the contradiction and drawbacks of the present system. Thus, this study thinks that the delegating clauses in local organizational laws not only lead harm to people’s rights of administrative appeal but also mismatch the nature of autonomous and delegating notes. Next, the change of the administrative jurisdiction should be recognized severely and it should have definite laws in order to avoid the arbitrary change of the level of the jurisdiction of administrative appeal. Lastly, owing to the dispute of delegating clauses in local organizational laws, this study suggests that power delegation as well as the definition, applicable scope, prerequisite, and recognizable principals of delegation should be more specific and definite, and central functional laws should be provided. As to administrative appeal, the jurisdiction of administrative appeal should coordinate the relative regulations of power transferring in administrative procedural laws. The selection of members and the chairman of administrative-appeal committee should avoid choosing by the self institution to maintain the fairness.
Lenfeld, Jiří. "Normotvorná pravomoc Evropské komise." Doctoral thesis, 2013. http://www.nusl.cz/ntk/nusl-329278.
Full textCarrier, Alexandre. "La délégation de l’obligation de consulter et d’accommoder les peuples autochtones au promoteur ou le rôle de la Couronne comme médiatrice de réconciliation." Thèse, 2018. http://hdl.handle.net/1866/22779.
Full textYoshioka, Takayuki. "Representational roles of nonprofit organizations in policy advocacy." Thesis, 2014. http://hdl.handle.net/1805/3898.
Full textThis research explores what roles nonprofits play in political representation by applying the concept of the representational role to nonprofits. The representational role consists of representational focus and style. Representational focus shows those whom nonprofits aim to serve: members, constituents, or the general public. Representational style denotes the ways nonprofits advocate for their focal groups: the delegation, trusteeship, and educational styles. The survey and regression analysis results demonstrate that nonprofits serving their members are most likely to convey their members’ voices directly to policy makers: the delegation style. In contrast, nonprofits advocating for their constituents are likely to pursue what they independently identify as the interests of their constituents: the trusteeship style. Finally, nonprofits speaking for the general public are most likely to work toward educating the general public: the educational style. These results suggest that nonprofits play different roles in political representation, depending on the types of their focal groups.
Reszczyk-Król, Katarzyna. "Prowadzenie spraw spółki akcyjnej przez zarząd." Doctoral thesis, 2017. https://depotuw.ceon.pl/handle/item/2249.
Full textThe aim of the dissertation is a complex analysis of the management board’s competence to manage company’s affairs in the organizational system of a joint-stock company. The choice of this topic was motivated by the pursuit to study a subject matter, which until now has not been extensively examined by doctrine and jurisprudence. This is predominantly analyzed in the commentaries to the Code of Commercial Companies or in monographies exclusively as a background for other subjects related to operation of a company. This does not support the creation of a comprehensive theory on this core function of the management board. The dissertation is divided into six chapters, introduction and final remarks. The first chapter describes the general issues of the management board’s position as a company body in the context of its organization. The description of the board as a body of a legal person is a starting point for further considerations on the relationship between the competences of the company’s body and duties vested in the individual members of the management board. This chapter also provides a description of the main characteristics of the one-tier and two-tier system. Examples of legal systems, which neither can be qualified to dualistic nor monistic systems, such as Nordic systems or those offering the market participants several solutions as regards the corporate structure (Italy, France), have been indicated. This chapter is concluded with a comparative analysis of the board’s position in other legal systems, based on the two-tier system (Germany, Austria). The second chapter was devoted to an analysis of the concept of managing the joint-stock company’s affairs. The considerations made in this chapter have highlighted the complex nature of the board’s competence to manage company’s affairs, which encompasses all managerial acts of the company, including internal decisions and representation acts. These considerations have been accompanied by the analysis of the concept of the direction of a company (Leitung) and management of the company’s affairs (Geschäftsführung) used in the German Stock Corporation Act. The aim of the third chapter was to describe the permitted limits of shareholders meeting’s and supervisory board’s influence on managing the company’s affairs by the board. This analysis was complemented by examining the statutes of public companies listed in the WIG30 index, to the extent to which they enhance the powers of the shareholders meeting and supervisory board in the process of managing company’s affairs. Analyzing the manner of managing company’s affairs – which has a crucial meaning from the perspective of the research objectives of this dissertation – was carried out in the fourth and fifth chapter. In the fourth chapter the statutory model of managing company’s affairs and the divergences from this model toward the division of competences have been evaluated. One of the most important conclusions of this chapter is that the applicable model of managing company’s affairs – enabling the division of competences among the members of the board only by the provisions of the company’s statutes – is insufficient, because it does not correspond with the complex realities of the management process. The fifth chapter concerns the issue of transferring the performance of managerial activities to the senior management staff. The last chapter is dedicated to issues related to the organization of the management board. The object of interest in this chapter is the description of legal basis hereto. Therefore it is necessary to consider the delimitation of the company’s statutes and management board by-laws. Secondly, the principles of convening the board meetings and adopting resolutions have been analyzed. This chapter is concluded with remarks on challenging board resolutions before the courts by submitting a so-called claim of determination. The dissertation is closed by conclusions and de lege ferenda motions.
Pečinka, Martin. "Srovnání povinnosti péče řádného hospodáře člena statutárního orgánu v České republice a odpovídající povinnosti člena statutárního orgánu v Irsku." Master's thesis, 2017. http://www.nusl.cz/ntk/nusl-347614.
Full textPinto, André Sousa. "A relação entre Ministério Público e os Órgãos de Polícia Criminal - A prática delegatória do Ministério Público." Master's thesis, 2017. http://hdl.handle.net/10316/84126.
Full textO nosso estudo debruçar-se-á sobre a delegação de diligências e/ou investigações por parte do Ministério Público (MP) nos Órgãos de Polícia Criminal (OPC). Tal prática delegatória, pensamos, como ponto de partida, encontrar-se sob alçada de uma regulamentação legal, a lei da organização e investigação criminal (LOIC). Vamos apurar se tal ocorre, ou se antes, pode ser reconduzido a um outro qualquer mecanismo que desvincule o MP desta lei. Desde logo, a título exemplificativo, vamos analisar os mecanismos de oportunidade e a chamada “discricionariedade vinculada”. Nesta nossa análise, cumpre também dedicar o nosso estudo ao princípio da legalidade e as suas diversas valências, assim podendo melhor compreender este princípio e, de uma forma adequada, analisar se a ele se encontra vinculado o MP na sua prática delegatória.Partiremos da premissa de que este se encontra vinculado, por força do dever que recaí sobre o MP de exercer a acção penal orientado pelo princípio da legalidade e, como tal, levantam-se problemas quando este não observa a lei. O Ministério Público, no plano da prática, não segue nem respeita tal Lei. Ele afirma que por força da autonomia de que goza e pelo facto de ser o titular da acção penal, ele pode livremente proceder à escolha do concreto Órgão de Polícia Criminal. Esta posição do Ministério Público, contrária ao princípio e à Lei, “estranhamente” encontra apoio nos tribunais que, sistematicamente com ela concordam. Em face desta situação, pretendemos analisar se, efectivamente, pode ou não o Ministério Público agir deste modo e, retirar as devidas consequências da resposta que viermos a obter.
Our study is about the delegation of diligences and / or investigations by the Public Prosecutor (MP) in the Criminal Police Bodies (OPC). As a starting point, we consider this practice to be under the rule of law, Criminal Investigation and Organization Law (LOIC). We will determine if this occurs, or if before, there is any mechanism that unlinks the MP of this law. First of all, by example, we will analyze the mechanisms of opportunity and the so-called "bounded discretionary ". In our analysis, we must also devote our study to the principle of legality and its various values, so that we can better understand this principle and, in an appropriate way, analyze if the MP is bounded to it in its delegatory practice. We will start from the premise that MP is bounded, by virtue of the duty on the MP to prosecute based on the principle of legality, and as such, problems arise when MP does not observe the law.The Public Prosecutor's practice does not follow or respect such Law. It affirms that, by virtue of the autonomy which it has and the fact that it is the owner of the criminal proceedings, it may freely make the choice of concrete Criminal Police Body. This position of the Public Prosecutor, contrary to the principle and the Law, "strangely" finds support in the courts that systematically agree with it. In view of this situation, we intend to examine whether or not the Public Prosecutor can act in this way and we want to extract the appropriate conclusions from the response we are going to obtain.
Dzierżak, Paulina. "Swoboda kształtowania treści umowy spółki z ograniczoną odpowiedzialnością." Doctoral thesis, 2017.
Find full textThis doctoral dissertation focuses on the freedom of determination of the contents of articles of association of a Polish spółka z o.o. So far, the doctrine has not developed unambiguous interpretative guidelines that would make it possible to consistently decide the issue of admissibility of introducing certain provisions in articles of association of spółka z o.o. This gives rise to disputes on a number of specific issues. This leads to the inconsistent approach taken by registry courts, which is an undesirable phenomenon, as it gives rise to uncertainty as to court decisions.In such circumstances, it was necessary, first, to determine the content of the interpretative directives which should be used for evaluating the admissibility of introducing certain provisions in the articles of association of spółka z o.o. and, secondly, to determine the proper understanding of the criteria restricting the freedom of determination of the content of articles of association of spółka z o.o. The analysis of these two issues has, in turn, made it possible to answer the question of whether the interpretation of the provisions applied by the doctrine and courts does not excessively restrict the autonomy of shareholders’ will.The dissertation has been divided into three parts. The analysis carried out in the first part has led to the conclusion that spółka z o.o. creates an obligation of a specific type. Accordingly, spółka z o.o. should be seen through the prism of the principle of freedom of contract, i.e. shareholders should be able to freely adjust the structure of spółka z o.o. to their purposes, so long as the exercise of their autonomy of will does not prejudice broadly understood security of transactions. Therefore, the determination of the scope of freedom of determination of the contents of articles of association of spółka z o.o. within the leewaygranted by the legislator, i.e. with respect to the provisions amending the legal norms and additional provisions, is based on Article 3531 of the Polish Civil Code. However, it results from the way of drafting the legal provisions and the axiology of company law decoded from all provisions governing spółka z o.o. that, unlike in the contract law, legal norms must be presumed to be mandatory. In addition, the analysis of the legal nature of spółka z o.o has led to the formulation of comments de lege ferenda – in some cases the provisions governing spółka z o.o excessively restrict the freedom of contract.The second part of the dissertation discusses the criteria delimiting the freedom of determination of the contents of articles of association of spółka z o.o, such as principles of community life, nature of the spółka z o.o. relationship and relevant acts. The analysis reveals that, when determining such criteria, solutions taking into account, as much as possible, the principle of freedom of contract should be sought. This applies, among others, to the understanding of the criterion of the nature of a company.The third part of the dissertation illustrates how the theses put forward in the previous parts affect the evaluation of admissibility of introducing certain provisions in the articles of association of spółka z o.o. That part of the dissertation also refers to the views presented in the German doctrine which allows for a fairly broad freedom of contract in spółka z o.o. The above observation should serve as a cornerstone for discussion whether or not it is reasonable to restrict the freedom of contract in a Polish spółka z o.o. Despite general declarations that the principle of freedom of contract is applicable in spółka z o.o., the Polish doctrine often puts forward arguments against the admissibility of introducing certain provisions in the articles of association of spółka z o.o. where, in the light of the principle of freedom of contract, it would be reasonable to allow shareholders to freely determine the contents of articles of association.