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Dissertations / Theses on the topic 'Liability'
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Gárate, Salvatierra Carlos Enrique. "Liability Management." Bachelor's thesis, Pontificia Universidad Católica del Perú, 2020. http://hdl.handle.net/20.500.12404/17424.
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La presente investigación tiene como propósito analizar la realización de las operaciones
de liability management en el mercado de valores peruano. La importancia de la
investigación radica en la necesidad que pueden tener las sociedades peruanas en
realizar operaciones de liability mangement para alcanzar distintos objetivos
relacionados al manejo de su estructura de deuda. De tal manera, la pregunta que orienta
la investación es ¿Son viables las operaciones de liability management en el mercado de
valores peruano? La hipotesis que se plantea sostiene que sí son posibles las operaciones
de liability management dentro la regulación del mercado de valores peruano y la
legislación societaria. No obstante, no existen suficientes condiciones para facilitar su
realización como se debería. De tal manera, la investigación comienza con el uso del
método funcional para analizar la naturaleza de las operaciones de liability management
en las finanzas corporativas, y prosiguiendo con la aplicación de método de
comparación jurídica para el análisis de dichas operaciones en la regulación del mercado
de valores de los Estados Unidos de América. El aporte conseguido del análisis del
principal modelo de regulación del mercado de valores del mundo, sirve para identificar
las carencias de la regulación peruana para la realización de operaciones de liability
management, y otorga sustento a las propuestas para solucionar dichos problemas.Tesis
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Tomlinson, Mary. "Valuing marital liability." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1996. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/MQ34156.pdf.
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Engenheiro, Rodrigo Pereira. "Liability-driven investments." Master's thesis, Instituto Superior de Economia e Gestão, 2020. http://hdl.handle.net/10400.5/20989.
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Mestrado em Mathematical FinanceDiversas crises financeiras tiveram sobre os fundos de pensões efeitos de decréscimo do valor dos ativos, redução do funding level e, por vezes, necessidade de contribuições adicionais por parte do sponsor ou de intervenção de organismos regulatórios. No ambiente descrito, fundos de pensões cuja estratégia de investimento passa apenas pela diversificação dos ativos parecem condenados a fracassar no longo-prazo, apesar de este continuar a ser um princípio financeiro basilar. É como resposta a este contexto que surgem os Liability-Driven Investments, estratégias especialmente preparadas para proteger os fundos de pensões de fatores de risco como como o risco de taxa de juro. Neste trabalho, apresentam-se quatro modelos pertencentes a essa categoria e comparam-se os resultados por eles produzidos. Os modelos são o Modelo Tradicional de Duração, o Modelo Vetorial de Duração, o Modelo de Duração Key-Rate e o Modelo de Duração da Componente Principal. Todos os modelos mostram um bom desempenho na reprodução da trajetória das responsabilidades, mas o Modelo de Duração Key-Rate destaca-se pelo facto de ter necessitado de menos contribuições para atingir um funding level mais elevado.
Pension schemes suffered from the same effects in various financial crisis. These effects were the reduction of the value of assets, the reduction of the funding level and, sometimes, the necessity for additional contributions from sponsor or for intervention from regulatory organisms. In the described environment, pension schemes whose investment strategy is based only on asset diversification are condemned to fail in the long-term, even considering that this is a valuable financial principle. Liability-Driven Investments appear as an answer to this context. These are strategies prepared to protect pension schemes from risk factors like interest rate risk. In this work, the author presents four models from this category and compares the results produced by them. The models are Traditional Duration Model, Duration Vector Model, Key-Rate Duration Model and Principal Component Duration Model. Each model shows a good performance on following the liabilities path, but the Key-Rate Duration Model stands out by the fact that it needed less contributions in order to achieve a higher funding level.
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Wei, Weixiao. "ISP copyright liability : towards an enhanced Chinese ISP copyright liability regime." Thesis, University of Strathclyde, 2009. http://oleg.lib.strath.ac.uk:80/R/?func=dbin-jump-full&object_id=11856.
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ISP copyright liability for copyright infringement over the Internet is a now widely adopted approach for tackling extensive online copyright piracy in various jurisdictions. However, in China, the inconsistent ISP knowledge standard and the lack of peer-to-peer file-sharing liability provisions in the existing legal framework are among the factors that impede effective copyright law enforcement on the Internet. The adoption of a broad knowledge standard and its application in case law, both in the U.S. and Germany, which have great influence on a Chinese ISP copyright liability system, are discussed along with a similar knowledge standard provided by the Chinese Online Copyright Regulations and its application to ultimately show the need of a broad knowledge standard in a Chinese ISP copyright liability system. As for the liability issues over peer-to-peer file-sharing networks, analysis of several prominent cases and the enacted or proposed legislation in this regard in an international context sheds light on the importance of a filtering mandate in effectively deterring copyright piracy. In a Chinese context, the absence of peer-to-peer file-sharing liability legislation and the inadequacy of the applied provisions in the existing legislation entail the examination of the need and the possibility of the mandatory use of filters in a Chinese ISP copyright liability system. For an enhanced Chinese ISP copyright liability regime, the thesis concludes with two recommendations that a broad ISP knowledge standard should be retained in the Chinese ISP copyright liability system and a filtering mandate is needed and should be legislated for efforts against widespread unlawful peer-to-peer file-sharing.
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Hutcheon, Clive. "(Dis)Proportionate liability: A critical analysis of Australia's proportionate liability regimes." Thesis, Hutcheon, Clive (2011) (Dis)Proportionate liability: A critical analysis of Australia's proportionate liability regimes. Honours thesis, Murdoch University, 2011. https://researchrepository.murdoch.edu.au/id/eprint/41651/.
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Proportionate liability has been enacted throughout Australia1 with the objective of limiting a defendant's liability to an amount that represents their role in causing the plaintiff's loss or damage. For some this was a 'laudable idea' 2 that would create parity between community notions of personal responsibility and legal liability. 3 However, the reality is that proportionate liability is exceedingly harsh on plaintiffs and is deeply flawed conceptually…
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Kälin, Sascha. "Liability-basiertes Asset Management." St. Gallen, 2008. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/05605019001/$FILE/05605019001.pdf.
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Li, Yun. "Optimal asset-liability management." Thesis, King's College London (University of London), 2016. https://kclpure.kcl.ac.uk/portal/en/theses/optimal-assetliability-management(a5f7f79c-8c2c-499c-bc23-86e6ad4d609a).html.
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In this thesis, Mean-Variance Asset-Liability management is studied ina multi-period setting. An investor aims at nding an optimal investmentstrategy in order to maximise the mean-variance objective. The prices ofassets and liabilities are formulated as geometric Brownian motions and wefurther extend them to exponential Levy process. By the Bellman principle,the explicit optimal solution is obtained under backward induction.
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Abdul, Kader Mohammed. "Air traffic control liability." Thesis, McGill University, 1986. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65424.
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Sundaram, Manavala Kalyana. "Flexibility in Liability Management." Thesis, Imperial College London, 2007. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.498175.
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Zhao, Jingsong. "Maritime collision and liability." Thesis, University of Southampton, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.242238.
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Abd, Rahman F. N. "Shipper liability for cargo." Thesis, City, University of London, 2018. http://openaccess.city.ac.uk/20086/.
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This research is important for the determination of the basis of shipper liability, in particular whether the fault of the shipper is taken into account or whether the shipper’s liability is strict. The research question asks to what extent the mental element of the shipper is relevant to the determination of the shipper’s liability for cargo. The researcher seeks to prove that although the rules seek to distinguish between liabilities which are fault-based and those which attract strict liability, considerations made in the determination of liability results in an unclear line being drawn between the two. The minimal application and the limited existence of fault-based rules would be consistent with the overall nature of the strict contractual liabilities of the shipper.
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Parsons, Christopher. "An essay on liability insurance and accident compensation and five papers on liability insurance." Thesis, City University London, 2001. http://openaccess.city.ac.uk/8402/.
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This essay is intended to be broad in scope. Therefore, inevitably, it touches on some issues which are not explored in detail in the articles listed above and which, for reasons of space, cannot be given the detailed attention they deserve here. There is much scope for further research. ' The essay is structured in six parts. Part 1 traces the historical development of liability insurance as an outgrowth of accident insurance, a broad miscellaneous class with its own origins in the revolutionary changes in industry, trade, and transport that began as the eighteenth century drew to a close. Part 2 analyses the problems that began to emerge once liability insurance became a class of insurance in its own right. This section shows, in particular, how liability insurers came to assume long-tail risks, exposures of a kind that were always regarded as uninsurable in the context of firstparty insurance. Part 3 looks at how insurers have responded to these difficulties and examines the technical problems they face in attempting to design contracts that satisfy both the security requirements of policyholders and their own need to price liability risks accurately and reduce their uncertainties to manageable proportions. Part 4 examines behavioural aspects of liability insurance and the issue of moral hazard: the possibility that the granting of insurance cover might promote opportunistic behaviour or modify human actions in a way that adversely affects the interests of insurers, or society as whole, or both. It is argued that this phenomenon takes on extra dimensions in the context of liability insurance, creating additional layers of uncertainty for insurers and greater potential instability for liability insurance systems. Part 5 examines a connected issue: the relationship between liability insurance and liability rules, especially those of tort law. Here we consider the extent to which the existence or availability of insurance impacts upon judicial and legislative policy, and the extent to which it should properly do so. The essay concludes, in Part 6, with a summary of the issues explored and an assessment of possible future developments in liability insurance markets. As part of this assessment the perceptions of the major stakeholders in the systems that employ liability insurance are considered, including liability insurers, the Government, the general public and the lawmakers. It is observed that these perceptions - as to the proper role of liability insurance, and what can be achieved effectively through its use - differ widely. The author concludes that all would benefit from a better informed and, perhaps, more realistic assessment of what liability insurance can do, and what it cannot. If the system is to remain stable, there is a need for a greater understanding of the problems of liability insurance, and the limits of its effectiveness, amongst all stakeholders in the tort/liability insurance system, including the lawmakers, the Government, the public at large and insurers themselves.
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Eglin, Oliver. "Asset and Liability Management Methodenvergleich /." St. Gallen, 2006. http://www.biblio.unisg.ch/org/biblio/edoc.nsf/wwwDisplayIdentifier/03604410001/$FILE/03604410001.pdf.
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Maneth, Matthias F. F. "Solvenzsicherung und Asset-, Liability-Management /." Karlsruhe : VVW, 1996. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=007080358&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.
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Cooper, David John. "Secondary liability for civil wrongs." Thesis, University of Cambridge, 1996. https://www.repository.cam.ac.uk/handle/1810/251586.
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Jakaitė, Agnė. "Civil Liability in Precontractual Relations." Doctoral thesis, Lithuanian Academic Libraries Network (LABT), 2012. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2012~D_20121001_093504-89488.
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This dissertation analyses the application of civil liability in precontractual relations under the Lithuanian civil law. In the general part of the thesis the detailed analysis of precontractual relations’ phase is presented, as well as the genesis of development of precontractual liability and its antagonistic aims are considered. This part concludes with the question of applicable legal regime of civil liability in precontractual relations. The thesis special part is devoted to the analysis of two, under the opinion of the author, the most problematic conditions of precontractual civil liability: the unlawful precontractual actions and the concept of precontractual damage. It is noted that the opposing aims of precontractual liability – ensuring the freedom of negotiations v. keeping the parties’ confidence for the conclusion of contract – will be achieved only when the scope of civil liability in precontractual relations will depend on and will be related with the progress of negotiations. Therefore regardless of negotiations progress and in case when all necessary conditions of the precontractual liability are present, the aggrieved party should be compensated for any kind of negotiations’ costs and any other direct precontractual damages which are not unreasonably high and for which the party had not been taken the risk. In addition, when the negotiations are considered deeply advanced, the aggrieved party should receive the remuneration of indirect damages which should... [to full text]Disertacijoje nagrinėjamas civilinės atsakomybės taikymo esant ikisutartiniams santykiams klausimas Lietuvos civilinėje teisėje. Darbo bendrojoje dalyje yra pateikiama detali ikisutartinių santykių stadijos analizė, nagrinėjama ikisutartinės atsakomybės vertinimo genezė bei jos taikymui keliami specifiniai tikslai, taip pat didelis dėmesys skiriamas ikisutartinei atsakomybei taikytino teisinio rėžimo tyrimui. Disertacijos specialioji dalis skirta dviejų, autorės nuomone, šių dienų teisėje daugiausia klausimų keliančių civilinės atsakomybės ikisutartiniuose santykiuose taikymo sąlygų analizei, tai – neteisėtiems ikisutartiniams veiksmams ir ikisutartinių nuostolių koncepcijai. Darbe pagrindžiama išvada, kad civilinei atsakomybei iki pagrindinės sutarties sudarymo keliami antagonistiniai tikslai – užtikrinti derybų laisvę ir apsaugoti pasitikėjimą sutarties sudarymu – gali būti pasiekti priklausomai nuo derybų pažangos laipsnio taikant nevienodą civilinės atsakomybės apimtį. Todėl teigiama, kad neatsižvelgiant į derybų pažangos laipsnį ir esant ikisutartinės atsakomybės taikymo sąlygų visetui, sąžiningai šaliai turi būti kompensuojami bet kokios rūšies tiesioginiai ikisutartiniai nuostoliai, o toli pažengusių derybų atveju civilinės atsakomybės esant ikisutartiniams santykiams apimtis yra platesnė ir apima prarastos galimybės pinigine verte ribotų netiesioginių nuostolių atlyginimą.
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Bensoussan, Denis. "GNSS and Galileo Liability Aspects." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=93845.
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In the next coming years global satellite navigation systems (GNSS) will make part of our daily life, as the world is becoming "GNSS-dependant in the same way that it has become Internet-dependant". Indeed, more than ten years folowing the opening up to civilians of satellite-based navigation systems initially designed for military purposes, civil satellite navigation applications are becoming more and more numerous. The potential benefits have proven enormous in terms of transport safety and efficiency as well as for non-transport-related industries.Dans les toutes prochaines années, les systèmes globaux de navigation par satellite (GNSS) feront partie intégrante de notre vie quotidienne. En effet, un peu plus de dix ans après la libéralisation de l'accès des civils aux systèmes de navigation par satellite initialement conçus à des fins militaires, les applications civiles permises par la navigation par satellite sont de plus en plus nombreuses et les bénéfices potentiels sont énormes en matière de sécurité et d'efficacité des transports comme pour d'autres secteurs et industries. fr
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Cartmill, Ian. "Builders' liability for latent defects." Thesis, University of Oxford, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.302694.
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Khoury, Lara. "Uncertain causation in medical liability." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.251465.
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Leung, Yee-kwan Equeen, and 梁綺君. "Personal liability for environmental damages." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1996. http://hub.hku.hk/bib/B31253453.
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McRae-Spencer, Margaret Jillian Murray. "Product liability and producer's behaviour." Thesis, University of Exeter, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.385721.
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Riordan, Jaani. "The liability of internet intermediaries." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:a593f15c-583f-4acf-a743-62ff0eca7bfe.
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Internet intermediaries facilitate a wide range of conduct using services supplied over the layered architecture of modern communications networks. Members of this class include search engines, social networks, internet service providers, website operators, hosts, and payment gateways, which together exert a critical and growing influence upon national and global economies, governments and cultures. This research examines who should face legal responsibility when wrongdoers utilise these services tortiously to cause harm to others. It has three parts. Part 1 seeks to understand the nature of an intermediary and how its liability differs from the liability of primary defendants. It classifies intermediaries according to a new layered, functional taxonomy and argues that many instances of secondary liability in English private law reflect shared features and underlying policies, including optimal loss-avoidance and derivative liability premised on an assumption of responsibility. Part 2 analyses intermediaries’ monetary liability for secondary wrongdoing in two areas of English law: defamation and copyright. It traces the historical evolution of these doctrines at successive junctures in communications technology, before identifying and defending limits on that liability which derive from three main sources: (i) in-built limits contained in definitions of secondary wrongdoing; (ii) European safe harbours and general limits on remedies; and (iii) statutory defences and exceptions. Part 3 examines intermediaries’ non-monetary liability, in particular their obligations to disclose information about alleged primary wrongdoers and to cease facilitating wrongdoing where it is necessary and proportionate to do so. It proposes a new suite of non-facilitation remedies designed to restrict access to tortious internet materials, remove such materials from search engines, and reduce the profitability of wrongdoing. It concludes with several recommendations to improve the effectiveness and proportionality of remedies by reference to considerations of architecture, anonymity, efficient procedures, and fundamental rights.
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Gabriel, Liane Costa. "Pension funds : asset liability management." Master's thesis, Instituto Superior de Economia e Gestão, 2018. http://hdl.handle.net/10400.5/16385.
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Mestrado em FinançasO nível de financiamento e o risco de insolvência dos fundos de pensão são temas cada vez mais relevantes devido às dificuldades sentidas nos últimos anos resultantes das mudanças demográficas, como o envelhecimento da população e o aumento da longevidade, e da crise financeira de 2008, a Grande Recessão. Uma forma de otimizar os ativos e os passivos e ao mesmo tempo gerir os riscos de um fundo é usando modelos de gestão de ativos-passivos. A escolha do modelo de otimização deve ter em conta as características específicas e o objetivo risco-retorno do fundo. Esta tese é principalmente um estudo teórico, onde primeiro será feita uma revisão da literatura sobre planos e fundos de pensão e a importância dos modelos de gestão de ativos-passivos. Depois será feita uma análise da evolução deste instrumento de gestão de risco e uma descrição dos modelos escolhidos. Por fim, será feita uma análise de um fundo de pensão específico.
The financing level of pension funds and the risk of default is an issue with increasing relevance, due to the difficulties they are facing over the last years mainly resulting from changes in the demographic conditions, like the aging of the population and increasing longevity, and the 2008 financial crisis, the Great Recession. A way of optimizing the assets and liabilities and at the same time handling the risks of a fund is using Asset Liability Management models, with the best model for a fund depending on its specific characteristics and risk-return profile. This thesis will be mainly a theoretical study, where first a literature review will be done on pension plans and pension funds as well as on the importance of ALM. Then will be presented an analysis of the evolution of this risk management instrument and a description of the selected models. In the end, will be performed an application to a pension fund.
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Dari-Mattiacci, Giuseppe, and Francesco Parisi. "Liability Rules: An Economic Taxonomy." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123385.
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The analysis of tort law is one of the most well-developed applications of economic methodology in the study of law. in this essay, we provide an overview of the economic approach to tort law, analyzing the effects of liability rules on care incentives. We catalogue a variety of possible tort regimes, systematically breaking down possible assignments of liability in terms of primary and secondary rules, and describe how their permutations distribute the costs of accidents (and the concomitant incentives to exercise precautionary care). We further consider what factual circumstances may render one tort regime preferable to another from the perspective of policymakers.El análisis de la responsabilidad civil extracontractual ha sido unade las aplicaciones más y mejor desarrolladas aplicaciones de la metodología económica en el estudio del Derecho. e n el presente ensayo, ofrecemos un vistazo general de la aproximación económica a la responsabilidad civil extracontractual, analizando los efectos de las reglas de responsabilidad en los incentivos de precaución. Catalogamos una variedad de regímenes de responsabilidad, desglosando sistemáticamente las posibles asignaciones de responsabilidad en términos de reglas primarias y secundarias; asi como describimos como sus transformaciones distribuyen los costos de los accidentes (y los incentivos concomitantes para tomar las medidas precautorias). Consideramos luego que circunstancias empíricas o facticas pueden determinar que un régimen de responsabilidad extracontractual sea preferido sobre otro desde la perspectiva del legislador.
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Sugawara, Masayuki. "Corporate criminal liability for manslaughter." Thesis, University of Bristol, 1999. http://hdl.handle.net/1983/dde0cfe7-338d-47c9-9b91-09a8f1b85408.
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In the late 1980s, a series of disasters was witness in the United Kingdom, such as the King's Cross Underground fire, the Piper Alpha disaster, the Clapham Junction Railway accident and the capsize of the ferry "Herald of Free Enterprise" at Zeebrugge. Although the following inquiries and reports highly criticised corporations for their poor management and organisation relevant to the risk of harm inherent in their activities, very few prosecutions for manslaughter have followed. Since the occurrence of these disasters, however, an increasing perception that deaths caused through corporate operations should comprise a category of corporate manslaughter has gradually become embedded in the public mind, and the publication on March 1996 of the Law Commission Paper dealing with corporate killing has brought about legal debates concerning how to hold corporations criminally liable for manslaughter. In addressing these legal issues, this thesis first traces the historical development of corporate criminal liability in English law and examines the current status of corporate liability for manslaughter. Then, it indicates practical and theoretical flaws from which most existing theories for corporate manslaughter suffer, and propounds a new theory of corporate liability for manslaughter by which both corporate and individual offenders can be held liable under the same conditions. Finally, it considers corporate defences and sentencing factors in the context of corporate manslaughter
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Näs, Elvira, and Michael Nyman. "Corporate criminal liability in Sweden." Universität Leipzig, 2019. https://ul.qucosa.de/id/qucosa%3A36366.
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Swedish criminal law does not allow for corporate criminal liability as it is built on the
basic principle of personal criminal liability, meaning that only private individuals are
considered able to possess criminal liability and consequently commit crimes. However, a
corporation may be subject to corporate fines and other sanctions if a crime has been committed
during the corporation’s operations. Corporate fines are the closest equivalent to
corporate criminal liability under Swedish law, which sole purposes is punitive although it
has been deemed impossible to categorize corporate fines as a punishment in the strictest
sense. This article will further explain the design of corporate fines today, the problems
resulting from corporations not being able to possess criminal liability as well as the proposed
changes to corporate fines from a critical perspective.
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Švihálek, Pavel. "Optimization of firm's tax liability." Master's thesis, Vysoká škola ekonomická v Praze, 2012. http://www.nusl.cz/ntk/nusl-124896.
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The thesis is divided in two basic parts. The first part includes structure of the tax system in the Czech Republic, explanation of tax definitions and characteristics of Czech tax system. The goal of the first part is to clarify the tax system, tax base calculation and factors that influence its amount. The second part is structured more practically and should offer several possibilities of how to optimize the firm's tax liability, with focus on the corporate income tax.
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Retief, Marésa Cronjé. "The legal liability of hospitals /." The Hague : Kluwer law international, 2000. http://catalogue.bnf.fr/ark:/12148/cb37743369w.
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Leung, Yee-kwan Equeen. "Personal liability for environmental damages /." Hong Kong : University of Hong Kong, 1996. http://sunzi.lib.hku.hk/hkuto/record.jsp?B17457257.
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Al-Hammadi, Abdulla Mal Allah Abdulrahman. "Medicine, medical liability, and doctors' criminal liability and punishments in Islamic Shari'a and the UAE." Thesis, University of Exeter, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.413293.
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Ward, S. L. "Tort liability of nonprofit governing boards /." New York [u.a.] : Garland, 1993. http://www.gbv.de/dms/spk/sbb/recht/toc/277567513.pdf.
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DeWit, Ralph. "Multimodal transport : carrier liability and documentation /." London [u.a.] : Lloyd's of London Press, 1995. http://www.gbv.de/dms/spk/sbb/recht/toc/278603084.pdf.
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Aguilar, Cortés Carlos Ezequiel. "Air carrier liability and automation issues." Thesis, McGill University, 2002. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=78196.
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Our intended topic is a general discussion of the basic elements of liability related to airline accidents to which fully automated cockpits have constituted an associated contributory factor. In addition we addressed the liability of air carriers arising from injuries or death caused to passengers traveling on international flights. For this purpose, we reviewed the Warsaw System and the different international instruments that constitute it. We also reviewed principles of common law applicable to aircraft manufacturers and the "Free Flight" as an example of the growing automation environment, which is a general benefit to commercial aviation but also a likely contributory cause for accidents in particular cases. In the last part we briefly discuss a personal view regarding the interplay between manufacturers and airlines under the 1999 Montreal Convention, which is an international treaty unifying the desegregated Warsaw System into one single instrument that is expected to enter into force in a few years.
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Pan, Yi-Jiun, and 潘儀君. "Product Liability and Product Liability Insurance." Thesis, 1998. http://ndltd.ncl.edu.tw/handle/71688739510128233255.
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Tsai, I.-Fang, and 蔡逸芳. "CPA''s Legal Liability - A Survey of Liability Cap and Proportionate Liability." Thesis, 1996. http://ndltd.ncl.edu.tw/handle/91216831257148881341.
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Chen, Che-min, and 陳哲民. "A Brief History of Product Liability Law-From Fault Liability to Strict Liability." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/99629797148055453329.
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碩士國立成功大學
法律學研究所
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Product Liability is the new area of law which was origin from consumer movement. The birth of Product Liability was in the middle 19th century after Industrial Revolution, which was changing the agriculture, manufacturing, and transportation. The Industrial Revolution also led to the mass producing and products disturbing . The injuries of defect products were emerge in an endless stream,it led to the starting of the consumer movement.It was seeking the new way, Product Liability Law, to prevent the injuries from defect products,and let manufacturers, distributors, suppliers, retailers, and others who make products available to the public should be responsible for the those products cause. In other word, consumer movement had developed the Product liability Law .The consumer movement,was the most important social movement in 20th century, it affect the Congress、Courts and government ,to pay more and more attention to protecting consumer.The imputation of Product Liability Law was developing from Fault liability, Presumed liability to Strict Liability,it reflected the process of the advance of the law,and what consumer movement had struggling for . This paper look back on the development of consumer movement ,and how it had let the Product Liability Law advancing on Strict Liability.
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Liao, Wei-Chung, and 廖維中. "A Study on Liability Insurance-Focusing on Employer Liability Insurance and Public Liability Insurance." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/47333698140386826441.
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Shiau, Deng-Yuan, and 蕭登元. "Credence Goods Market: Strict Liability vs. Negligence Liability." Thesis, 2019. http://ndltd.ncl.edu.tw/handle/bhb2b6.
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碩士國立臺灣大學
經濟學研究所
107
This paper analyzes how liability rule influences the expert’s behavior in credence goods market. The expert, who diagnoses the consumer’s need and then provides the treatment to the consumer, may defraud the consumer in the form of overtreatment. Our results find that the price of the same treatment is higher under strict liability than under negligence liability. The overtreatment behavior is more prevailing under strict liability. Moreover, we show that from the perspective of social welfare, negligence liability rule is weakly better than strict liability rule. However, strict liability rule can sometimes be better than negligence liability rule from the perspective of consumer surplus. We further analyzes how the existence of connoisseur consumer affects the expert’s propensity to engage in overtreatment and how different market structures impact the credence goods market.
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Jessica and 李玲瑩. "Product Liability." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/88783585001969049145.
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Fedorova, O. "Strict liability." Thesis, 2012. http://essuir.sumdu.edu.ua/handle/123456789/25986.
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Some activities - such as using dynamite and storing flammable liquids - are considered to be extremely dangerous. For people who engage in activities like these, the reasonable person standard does not apply. Instead, these people are automatically held liable for any injuries or damage caused by their actions. They are liable even if they took all possible care to prevent the damage.
When you are citing the document, use the following link http://essuir.sumdu.edu.ua/handle/123456789/25986
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Chen, Ke-Ming, and 陳克明. "The Liability Foundation of Compulsory Automobile Liability Insurance Law." Thesis, 2008. http://ndltd.ncl.edu.tw/handle/69039346258997563386.
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碩士國立臺灣大學
法律學研究所
96
After the amendment of Compulsory Automobile Liability Insurance Law in 2005, the liability insurance institution has been established. But the most important problem is what the liability foundation of Compulsory Automobile Liability Insurance is. To view the compensation liability about automobile traffic accident in the existing law, there is no liability whose liability constitutive elements can agree with the insurance provision elements of the liability insurance. So that a new liability foundation of Compulsory Automobile Liability Insurance should be advanced. No matter the theory or legislation of strict liability is not very enough in Taiwan, so perspective of comparative law before the establishment of the new liability system is necessary. With reference to the comparative subject, this article select Germany, Japan and France whose compensation system is also the way of strict liability collocating with liability insurance. Expecting that through perspective of comparative law, the contents of strict liability could be more acquainted and useful to the establishment of the new liability system. At last, this article would attempt to establish the new liability system of Compulsory Automobile Liability Insurance Law. About the contents of the new liability foundation, besides deliberating the spirit of strict liability theory, agreeing with the insurance provision elements of the liability insurance must be noticed. Therfore, the feature of the new liability system is departing from the tort law in the civil law.
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Yang, Nana C. F., and 楊靜芬. "The Study of Compulsory Public Liability Insurance - Premises Liability Insurance." Thesis, 1993. http://ndltd.ncl.edu.tw/handle/15874914187589792514.
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Lecocq, Eleonore Florence. "Correlative Fiduciary Liability." Thesis, 2011. http://hdl.handle.net/1807/31297.
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The ultimate aim of this thesis is to demonstrate that the effect of applying a corrective structure to fiduciary obligations is edifying. Corrective justice is a bipolar relationship where each of the poles refers to individuals conceptually linked through the legal relationship between them. Because corrective justice is bipolar, the upshot of such an approach ought to result in the promise of greater
integrity and clarity flowing from a renewed interest in the relationship between fiduciary and principal. Underlying this polishing of the fiduciary relationship is the long-held ambition for the fiduciary relationship not to suffer from ambiguity as a symptom of its expansion beyond the sphere of trusts.
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Chen, Yen-An, and 陳彥安. "Hedging Lease Liability." Thesis, 2018. http://ndltd.ncl.edu.tw/handle/u84f6e.
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碩士國立臺灣大學
會計學研究所
106
The shipping business in Taiwan have used operating lease to acquire fixed asset for a long time. By the off-balance-sheet effects of operating lease, Leasee’s business could improve financial and operating performance. However, as the implementation of IFRS 16 in 2019, all leases should be recognized as right-of-use asset and lease liability except for short term lease and lower value asset. The elimination of the off-balance-sheet effects of operating lease not only influence the financial performance of leasee but causing the risk about fair value of lease liabilities paid by foreign currency, because most equipment for shipping business in Taiwan was rent from foreign corporations. The fair value risk of lease liabilities may also make leasee’s balance sheet unmatched, and unstable exchange gains and losses in income statement. Therefore, the purpose of the study was to address the risk about lease liabilities for lease according to IFRS 16. First, according to fair value hedge methods in IFRS 9, discuses the use of forward currency contract, currency swap and options to deal with the fair value risk of lease liabilities. Second, according to cash flow hedge methods in IFRS 9, discuses how to use lease liabilities as hedge instrument to deal with the cash flow risk about forecast foreign currency revenue.
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Berry-Stölzle, Thomas. "Asset liability management and underwriting cycles : three essays on property-liabilty insurance companies /." 2007. http://www.gbv.de/dms/zbw/543483061.pdf.
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Chiu, Chun-Chao, and 邱群超. "Compulsory Automobile Liability Insurance in Taiwan－ A Comparison of Liability Systems." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/72314485883181784974.
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碩士國立高雄第一科技大學
風險管理與保險所
91
Compulsory Automobile Liability Insurance in Taiwan － A Comparison of Liability Systems ABSTRACT The operation on compulsory automobile liability insurance laws in depth study of Taiwan''s compulsory automobile liability insurance and the factors affecting their performance . This studyies examined the relationship of effect with loss cost and loss ratio for diffrent liability system. This research first conducts integrated no-fault and tort systems with the Taiwan''s P/L insurance industry to analyze their above loss costs and by using regression model. This research obtain the following results：(1).These is no sign ificant effect between no-fault systems and compulsory automobile liability insurance loss costs. (2).The high mark share''s compary in crase overall automobile insurance cost per insured vehicle and loss ratio in Taiwan''s.(3).The strongest support comes from no-fault system and the positive relationships between no-fault systems and loss ratio. (4).Using Taiwan''s data that loss ratio are higher in no-fault states than in tort states.
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JIANG, ANG-XUAN, and 江昂軒. "Successor Liability In Asset Acquisitions－From the Perspective of Product Liability." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/h73fdc.
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碩士國立臺北大學
法律學系一般生組
102
The characteristic of assets acquisition is “successor non-liability”. Because the traditional corporate law interprets that the acquiring company (i.e. successor) only acquires the assets from the acquired company (i.e. predecessor), the acquiring company does not need to assume the acquired company’s debts and liabilities. With the concept of “successor non-liability”, the acquiring company can avoid assuming countless potential liabilities from the acquired company. However, there are always two sides to everything. The traditional rule would be an obstacle for the victims of product liability to request reimbursement. If a corporation that manufactured defective products no longer exists after liquidating its assets to another corporation, the consumers won’t be able to ask for a refund unless the successor company is willing to compensate them for the predecessor company. Nevertheless, the fact is that the consumers usually can not get any refund or compensation from both predecessor or successor company.The issue is whether a successor company should be liable for the defective products which were sold by the predecessor company. The above-mentioned shall be the primary emphasis in this thesis. Therefore, in order to protect creditors and consumers, this study suggests adopting the theory “successor liability” rather than the traditional “successor non-liability” principle. The successor company shall be liable for its predecessor's defective products when asset acquisition comes within one of four generally accept-ed exceptions. In addition, the theory have broadly interpreted the applicability of the exceptions or have created new based on specific context of asset acquisitions. How-ever, extending successor liability to a successor that does not manufacture or sell defective products may be inconsistent with the basic rationale of product liability and would cause negative effects on the overall economy. Consequently, this study focus-es on how to find the balance between the consumer protection and free circulation of corporate assets and analyze each case individually to provide a directive opinion of the practice of law.
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HSU, KUEI, and 許奎. "The Modernization of Liability Insurance Act - Centered on Medical Liability Insurance." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/zsee52.
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碩士東吳大學
法律學系
105
For the rapid development of society in recent centuries, conflict between people are more and more obvious, and therefore, damages of tortious act become more frequent and heavier. In industrial and commercial society nowadays, the liability of the tortfeasor is often beyond the burden of his own ability. The initial purpose of the liability insurance system is to reduce the financial burden of the tortfeasors, who are supposed to pay indemnities to victims owing to intentional or negligence torts, and to fill loss of the injured. In contrast with the past, the primary protection of certain liability insurance system has been gradually transferred from the insured to the injured. In the tortious act, the tortfeasors might be impaired by pure economic loss after the confirmation of liability, while the injured suffer not only from monetary compensation but also physical or even mental damage. To compensate the relative vulnerability of the victims , those might be in need of protection with liability insurance more than tortfeasors do. However, there are only six articles of the "liability insurance" section of the existing insurance law, which is not in line with modern legal action. For example, the definition of the insurance perils and the scope of the coverage decide the range of actual protection the insured obtain. The definition of the insured in the business liability insurance is concerned not only with liability of the secondary insured person but also with imdemnity for the injured’s damage. In the absence of settlement negotiation and duty to defend, it is difficult for the modern liability insurance system to provide the function of right protection. The unclear legal nature and the dispute of statute of limitation also make it difficult for the third party to exercise direct action. All of these problems in insurance practice are derived from the lack or deficiency of laws and regulations. Therefore, this article attempts to discuss the dispute of “liability insurance” section in the insurance law and to provide recommendations timely to make the overall liability insurance system in accordance with the requirements of modernization. Then, centered on medical liability insurance, it explores the policy practice related issues and proposes conclusions and legislative suggestions to promote the modernization of liability insurance law.
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Tzou, Wene-Haur, and 鄒文豪. "Study on Doctors’ Liability Insurance: Including JMA Medical Liability Insurance System." Thesis, 2012. http://ndltd.ncl.edu.tw/handle/98711542327060673376.
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碩士東吳大學
法律學系
100
Medicine is necessary in the modern world. There are many factors influencing its success but humans can’t control it completely . There were medical crisis in USA and Japan due to medical malpractice litigations many years ago. Medical malpractice disputes are predominantly civil problems in many countries except Taiwan and there are many ways to manage them. Doctors’ liability insurance is the most important way to avoid the risk. In Taiwan, medical malpractice disputes are almost all criminal cases because of our judicial system and people’s habit. Even under the protection of doctors’ liability insurance, doctors are still at risk of criminal litigations. There are many kinds of doctor’s liability insurance in Taiwan but few doctors want to buy it. In Japan, there is Japan Medical Association (JMA) Medical Liability Insurance. This insurance is created by the JMA, but the applicant must be the JMA not any single doctor. When medical disputes happen, the doctor can entrust the case to JMA. JMA will establish a committee to investigate the case. If there is medical malpractice in the case, JMA committee will notify their lawyers to settle with the patient. If there is no fault in the case, the committee will notify the patient. If the patient can’t accept the result, JMA will entrust lawyers to join civil litigation. The doctor does not face the patient directly. He can do his job without disruption. In this study, I want to know if the JMA liability insurance is suitable for Taiwan’s doctors to solve medical malpractice disputes.
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Lin, Yun, and 林筠. "The Employer Liability and Product or Service Liability of A Franchisor." Thesis, 2017. http://ndltd.ncl.edu.tw/handle/7vdew4.
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碩士國立臺灣大學
法律學研究所
105
Nowadays, franchise has gained widespread acceptance in the area of business. In fact, franchisors get resources from franchisees in order to improve markets and enhance the value of different brands or trademarks, thus creating a favorable consumption environment for customers. Three characteristics are essential to franchise: ''the supervision from the franchisor'', ''the similarity of the franchise system'', and ''the independency of the franchisee''. Each characteristic can be evaluated from high to low, depending on how the franchisor constructs the franchise system. However, some difficulties might be encountered, for example: if a given franchisee and/or any of his/her employee causes damage to a third party; or if the products and services offered by the franchisee bring tort to a third party. In such cases, it is crucial to determine what are the liabilities can be imposed to the franchisor. If franchisors tend to avoid the liabilities by claiming their independency from the franchisees, then it is obviously an unfair answer to the concerned matters. In such a case, how can a judge manage the two first essential characteristics together?––i.e., judges can’t avoid considering these characteristics when the liabilities of the franchisor are discussed. The central argument of this dissertation will be to conduct an investigation of the liability of the franchisor as it is applied in accordance with the Taiwanese law, and to compare it with its juridical application in the United States of America (USA). It is relevant to compare these two judicial systems, because the Taiwanese law lacks clear standards for applying the Employer Liability and the Product of Service Liability, unlike the USA. With regards to the latter, if the franchisee or one of his/her employee is responsible of any damage that they caused to a third party, the vicarious liability might be imposed by the victim upon the franchisors in accordance with the Actual Agency Theory or the Apparent Agency Theory. Or, if the product or service of the franchisee causes damage to a third party, this latter can claim that the franchisor is to be held responsible, just as the seller or manufacturer, in accordance with the Stream of Commerce Theory or Apparent Manufacturer Doctrine of product liability on the trademark licensor. Hence, these available theories in the USA can greatly inspire and serve as role models to help complete and systematize the different applications of the Employer Liability and the Product or Service Liability of the franchisors in Taiwan.