Rozprawy doktorskie na temat „Forfeiture laws”
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Ndzengu, Nkululeko Christopher. "The war againts organised crime: a critical assessment of South African asset forfeiture law and its impact on redress for victims of crime". Thesis, Nelson Mandela Metropolitan University, 2009. http://hdl.handle.net/10948/905.
Pełny tekst źródłaNdzengu, Nkululeko Christopher. "A comparative analysis of aspects of criminal and civil forfeitures: suggestions for South African asset forfeiture law reform". Thesis, Nelson Mandela University, 2017. http://hdl.handle.net/10948/14267.
Pełny tekst źródłaLarkin, Philip M. "The rule of forfeiture and social security law". Thesis, University of Southampton, 2002. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.268387.
Pełny tekst źródłaXue, Dong. "A general study of the extraterritoriality of criminal forfeiture law, Canada and China". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape9/PQDD_0023/MQ51513.pdf.
Pełny tekst źródłaNeuberg, Rachel. "How are Unpopular Policies Made Popular? Obfuscatory Rhetoric in Civil Asset Forfeiture Policy Positions". Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/scripps_theses/1099.
Pełny tekst źródłaMeade, John. "Forfeiture and due process, an analysis of the Proceeds of Crime Act, 1996 and its effect on the presumption of innocence in Irish law". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/mq22866.pdf.
Pełny tekst źródłaCrawley, Shaun Edward. "The difference in how UAE and EW law controls Gharar (risk) and so Riba in a construction contract in the Emirate of Dubai, UAE". Thesis, Robert Gordon University, 2017. http://hdl.handle.net/10059/2453.
Pełny tekst źródłaFerrari, Morgane. "Crime organisé russe : origines et perspectives". Thesis, Université Côte d'Azur (ComUE), 2017. http://www.theses.fr/2017AZUR0023.
Pełny tekst źródłaFrom disruptive element to key factor of international stakes in the new world disorder, transnational organized crime competes with the State with its own coercive means and invests in public sector in a way it becomes inevitable in some parts of the world to win an election or obtain a procurement contract, often in spite of international agreements on environmental preservation, protection of holdings or town planning or even non-proliferation of weapons of mass-destruction. To what extent did the geopolitical and legal changes and their consequences in the ex-USSR impact the nature and evolution of post-soviet organized crime? Formerly guardians of the prison criminal traditions, the new generation of Thieves in Law (Vory v zakone) has developed throughout the democratic transition and expanded in Western Europe to such extent Interpol considers it a tremendous threat to economic development, international security and Russian democratic institutions. The first part will study the indigenous Russian-speaking criminal prison “culture” and give an analyzed overview of the structure of current types of Russian criminal groups and the legal context that led to their development in Russia and Georgia throughout the democratic transition. On the second hand, I will study the expansion in Western Europe of Russian-speaking criminality which can be qualified as “association of mafia-type” (cf. Art. 416bis of the Italian Criminal Code) because of its political links and its “legalized” profits. Forfeiture and seizure on the Italian legal model remain the most effective instrument as established from the study of different legislations against money laundering
Truglia, Giusy. "Les moyens procéduraux de lutte contre la criminalité organisée en France et en Italie". Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32088.
Pełny tekst źródłaFor quite a few years now, a particularly dangerous and unsettling phenomenon has been spreading and extending in various degrees throughout all the regions, and that phenomenon is organized crime. In order to check (limit) its spread and guarantee the protection of the population, a crime prevention policy has been imposed. To such an end, numerous legislative provisions have been adopted on both the national and international level. The European and international community have repeatedly intervened in the last years to fight against organized crime, beginning with the Treaty of Maastricht, the Council of Tampere, up to the recent Essay in Lisbon. These treaties have allowed for the adoption of important measures to fight against organized crime, and one should not overlook the Convention of the United Nations and the Convention of May 29, 2000 (in doing the same). Bilateral accords have been stipulated from both France and Italy to more effectively oppose this danger and social evil that threatens with infecting, if it has not already done so, the organs of modern societies (for example; Public Administration, banks (the control of which is necessary in order to recycle dirty money). France, with the approval of the Perben II Law of March 9, 2004 intended to bring up to date the tools of justice in order to make them more incisive in relationship to the evolution of criminality. Italy has done the same thing with the “safety packets” of 2009 and 2010. Furthermore, these two countries have employed many resources in order to try to reduce and limit criminality’s field of action. A fundamental role was carried out by those who collaborated with the judicial system who, by their confessions in exchange for reduced punishment, have disclosed the structure and the hierarchy of criminal associations allowing the authorities involved to better understand, individualize their affiliates (i.e. members) and, in numerous cases, to dismantle them. By contrast, a very effective measure has been and still is the confiscation of goods accumulated by (those) in organized crime (real and financial goods, that is, banking deposits, financial investments, property, land, houses) and their re-use by Public Administration for the social well-being and to the advantage of the entire community (schools, public buildings, hospitals). The forfeiture of such goods, in fact, deprives the criminal underworld the lifeblood and profits that it draws from them; it mines the structure its power, contemporaneously providing safety to the people who are often oppressed and intimidated (one needs only to think about the extortions imposed on shopkeepers, construction and agricultural enterprises) and heightens their hope of a possible liberation from the above. The struggles against criminal organizations is long and difficult, but if it is conducted with determination on more fronts, with the collaboration and the coordination of the repressive apparatuses of nations and their governments, success cannot fail
Soko, Cassandra. "An evaluation of Zambia’s asset recovery laws". 2013. http://hdl.handle.net/11394/3875.
Pełny tekst źródłaContrary to Common perception, corruption is not all that ails Africa. It is only a component of the multifaceted economic criminality that leads to illicit capital flight from developing states and those undergoing political transition. The siphoning away of economic resources has a devastating impact on such countries, both economically and socially. This leads to an erosion of public confidence in government departments and in the administration of justice generally. The clandestine nature of economic criminality makes it particularly hard to prosecute. There has thus been an international consensus that asset recovery would be the most apt mode of deterrence and reparation. Having its genesis in the 1989 Vienna convention, asset recovery has now become a useful tool with which developing countries can recoup some of the assets plundered by criminals. The United Nations Convention against corruption has also made it possible for states to recover stolen assets by way of non--‐criminal or non--‐conviction—based procedures. The main challenge for developing states is to make international treaties part of their national law. The democratization of former dictatorial states, especially those in Africa, also means that whatever international norms are domesticated in national legislation, should be in line with the tenets of their respective democratic constitutions, thus making them legally irreproachable. This paper evaluates Zambia’s Forfeiture of proceeds of crime Act. It discusses Zambia’s asset recovery provisions against the backdrop of international benchmarks and the laws of a few other countries that also have asset recovery laws. The paper concludes with a set of recommendations.
Yang, Szu-Tien, i 楊思恬. "Forfeiture by Wrongdoing - Lessons From American Law". Thesis, 2013. http://ndltd.ncl.edu.tw/handle/46574230565908765942.
Pełny tekst źródłaKrane, Joshua. "Forfeited: Civil Forfeiture and the Canadian Constitution". Thesis, 2010. http://hdl.handle.net/1807/25734.
Pełny tekst źródłaNeradová, Kateřina. "Trest smrti a vzdání se práva na život spácháním zvlášť závažného trestného činu". Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-339866.
Pełny tekst źródłaVan, Jaarsveld Izelde Louise. "Aspects of money laundering in South African law". Thesis, 2011. http://hdl.handle.net/10500/5091.
Pełny tekst źródłaCriminal and Procedural Law
Mercantile Law
LL.D.
Damon, Peter-John. "Prevention of Organized Crime Act 121 of 1998 : a constitutional analysis of section 2,4,5,6, chapter 5 and chapter 6". Diss., 2016. http://hdl.handle.net/10500/21517.
Pełny tekst źródłaPublic, Constitutional and International Law
LL. M.
Schulze, W. G. (Wilhelm Georg). "Legal aspects of the insurance premium". 1996. http://hdl.handle.net/10500/17697.
Pełny tekst źródłaLL.D.
The contract of insurance is one of the more frequently concluded commercial contracts. The premium which is undertaken in terms of an insurance contract is one of the essential features of the insurance contract. Notwithstanding the obvious importance of the role of the premium and the legal aspects surrounding it, it has in the past often received but scant treatment in insurance-law materials. In this thesis it is shown that there exist a number of aspects regarding the premium which are unclear and in need of careful scrutiny. In the case of certain other aspects (regarding the premium), although there is certainty as to their contents it is necessary to identify and (re-)define their place in the broader scheme of the insurance law. The study commences with an investigation into the historical development of the concepts of "insurance" and "premium". This is followed by a study of the relevant principles of Roman-Dutch law. A comparative study is made of the law in a number of countries, namely, the Netherlands, Belgium, England and Australia. The position in South African law is also considered. An introductory study is made regarding those concepts in South African indigenous law which are insurance-like. Finally, a number of conclusions are drawn and recommendations are made in respect of a selection of aspects regarding the premium which are unclear. These aspects concern the nature of the premium; the question whether "premiumless" or "free" insurance is legally possible; the question whether the parties may agree to insure at a "reasonable premium"; the protection of the insured in the case of the non payment of the premium; the receipt of the premium by the broker; the return of the premium where the insured has acted fraudulently; the legal tenability of the practice of insuring the premium; the possibility that the contribution in terms of some concepts of our indigenous law may resemble the premium; and finally, the analogous method as a source of law to extend and broaden the pool of legal principles applicable to the insurance contract.
Lowndes, Gillian Claire. "The need for a flexible and discretionary system of marital property distribution in the South African law of divorce". Diss., 2014. http://hdl.handle.net/10500/18819.
Pełny tekst źródłaPrivate Law
LL.M.