Дисертації з теми "Liability Terms"
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Прохоров, К. О. "Адміністративна відповідальність за порушення порядку подання декларації про доходи та ведення обліку доходів і витрат". Thesis, МАУП, 2021. http://openarchive.nure.ua/handle/document/14724.
Повний текст джерелаChlebová, Kateřina. "Srovnání přepravních podmínek poskytovatelů expresních a kurýrních služeb v ČR." Master's thesis, Vysoká škola ekonomická v Praze, 2009. http://www.nusl.cz/ntk/nusl-17090.
Повний текст джерелаDe, Kock Justin. "Inflation modelling for long-term liability driven investments." Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/18602.
Повний текст джерелаA regime-switching model allows a process to switch randomly between different regimes which have different parameter estimates. This study investigates the use of a two regime-switching model for inflation in South Africa as a means of determining a hedging strategy for inflation linked liabilities of a financial institution. Each regime is modeled using an autoregressive process with different parameters and the change in regimes is governed by a two state Markov chain. Once the parameters have been estimated, the predictive validity of the regime-switching process as a model for inflation in South Africa is tested and a hedging strategy is outlined for a set of inflation linked cash flows. The hedging strategy is to invest in inflation linked bonds, the number of which is determined through the use of a Rand-per-point methodology that is applied to the inflation linked cash flows and inflation linked bonds. Over the period from January 2008 to June 2013 this hedging strategy was shown to be profitable.
Vodrážka, Martin. "Analýza pojištění odpovědnosti za škody podnikatelů na českém pojistném trhu." Master's thesis, Vysoká škola ekonomická v Praze, 2017. http://www.nusl.cz/ntk/nusl-360549.
Повний текст джерелаRietbergen, Muriel Isolde. "Long-term asset and liability management for minimum guaranteed return funds." Thesis, University of Cambridge, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.613768.
Повний текст джерелаЦабека, К. Є. "Адміністративно-правові засади відповідальності за правопорушення, пов’язані з корупцією". Thesis, Сумський державний університет, 2020. https://essuir.sumdu.edu.ua/handle/123456789/80792.
Повний текст джерелаThe dissertation provides a theoretical generalization and a new solution to the scientific problem, which is to determine the nature, content and disclosure of the administrative and legal basis of liability for offenses related to corruption. It is established that the current Ukrainian legislation, which defines the administrative and legal basis for liability for corruption-related offenses, is represented by the provisions of the Constitution of Ukraine, the Code of Administrative Offenses, Laws of Ukraine, among which is a special special anticorruption law - Law of Ukraine "On Prevention corruption ”, as well as by-laws. Signs of administrative liability for corruption-related offenses are classified into general (inherent in any type of legal liability) and special (specific to administrative liability). It has been established that administrative liability for corruption-related offenses is aimed at re-education and punishment of the offender by applying coercive measures in the form of administrative penalties. In this case, the purpose of administrative liability for the commission of this type of administrative offenses is specified and in some way manifested in its functions, the main of which are educational, preventive and regulatory. The term "administrative offense related to corruption" is defined as an illegal, culpable act (action or omission) that violates the requirements established by a special anti-corruption law and other regulations, prohibitions and restrictions, for which the law provides for administrative liability. The characteristic features of an administrative offense related to corruption, which are classified into general (characteristic of all types of administrative offenses) and special (inherent in the investigated type of administrative offenses), in particular, the latter are further classified as mandatory and optional. It is proposed to understand the legal structure of an administrative offense related to corruption as a set of basic, defining, legally significant features, in the presence of which an illegal act (action or omission) can be qualified as a violation of special anti-corruption law and other regulations, prohibitions and restrictions, for the commission of which the law provides for administrative liability. The classification of legal structures of administrative offenses related to corruption has been expanded, depending on: 1) the degree of public danger: the main ones; qualified; 2) the structure of the administrative offense related to corruption: unambiguous; alternative; 3) the presence of harmful effects: formal; material; 4) design features: descriptive; banquet (or sending). The qualification of an administrative offense related to corruption is defined as the activity of a specially authorized entity for knowledge, analysis and evaluation of the act (action or inaction), the content of which is the comparison and ratio of signs of the act (action or inaction) to legally significant features ( legal composition) of an administrative offense related to corruption, defined by the current administrative legislation, with the appropriate procedural design. The range of subjects of qualification of administrative offenses related to corruption (subjects of primary and final qualification of administrative offenses related to corruption) has been established, and the process of its implementation as a set of the following actions has been defined: 1) choice the subject of qualification of an administrative offense related to corruption, the relevant provisions of Chapter 13-A of the Code of Administrative Offenses, the content of which corresponds to the committed act (action or omission); 2) comparison and correlation of the signs of the committed act (action or inaction) to the legally significant signs (legal composition) of the administrative offense related to corruption, defined by the current administrative legislation; 3) procedural registration of the qualification of an act (action or omission), which provides for the drawing up of a report on an administrative offense related to corruption; issuance of a court (judge) ruling in a case of an administrative offense related to corruption. Administrative offenses related to corruption are classified according to the following criteria: 1) by legal composition depending on: the degree of public danger; the presence of harmful effects; the structure of the administrative offense related to corruption; features of the structure of the administrative offense related to corruption; 2) by the nature of the objective side; 3) at the time of commission. Taking into account the norms of the Code of Administrative Offenses, it has been established that the types of administrative penalties for committing offenses related to corruption are: 1) a fine; 2) confiscation; 3) deprivation of the right to hold certain positions or engage in certain activities. The peculiarities of administrative penalties for offenses related to corruption are highlighted: 1) is a measure (form of expression) of administrative responsibility to which a person is brought in case of committing an illegal offense (action or omission) under Article 13-A of the Code of Administrative Offenses; 2) has a state-coercive character, which is expressed in bringing a person to administrative responsibility for committing an offense related to corruption, regardless of his will and desire; 3) is implemented by specially authorized authorities – bringing a person to administrative responsibility for committing an offense related to corruption, by imposing an appropriate administrative penalty is carried out by the court; 4) the purpose of application includes two interrelated components, namely: administrative punishment (imposition of a fine, confiscation, deprivation of the right to hold certain positions or engage in certain activities) and prevention of new administrative offenses (both by the offender and others) ; 5) is carried out in the manner prescribed by law; 6) has clearly defined by law deadlines for imposition - based on the content of Art. 38 of the Code of Administrative Offenses, an administrative penalty for committing an offense related to corruption may be imposed within six months from the date of its detection, but not later than two years from the date of its commission. The foreign experience of legal regulation of liability for acts similar to administrative offenses related to corruption, defined by the Ukrainian legislation, is generalized. From the analysis of some legal documents included in the legislation of the considered foreign countries (Germany, Italy, Great Britain, France, the USA, Romania, the Republic of Belarus, the Republic of Poland), it is found out that commission of illegal actions which under the Ukrainian legislation are recognized as offenses related to corruption, and provide for administrative prosecution, under the laws of other countries may provide for the emergence of another type of legal liability (criminal, disciplinary). The review of the case law revealed the problematic issues related to the ambiguous approach to the resolution of certain issues by the courts regarding the bringing to justice of a person for committing offenses related to corruption. In particular, this applies to: establishing the guilt of a person in committing this type of administrative offense in the case of closing the proceedings in cases of bringing to administrative responsibility; determining the date of detection of an administrative offense related to corruption; calculation of the term of imposition of administrative penalties (bringing to administrative responsibility), which are of great practical importance for the decision and decision-making of courts in the category of such cases, etc. In order to eliminate the problematic aspects of legislative regulation identified in the study of the administrative and legal basis of liability for corruption-related offenses, and to improve the legislation of Ukraine, which establishes this type of legal liability, it is proposed to make appropriate amendments to the Code of Administrative Offenses and a special anti-corruption law (Law of Ukraine "On Prevention of Corruption").
Armand, Clotilde. "Damage assessment and liability compensation for marine oil spills : short and long term strategies that achieve international consensus." Thesis, Massachusetts Institute of Technology, 1997. http://hdl.handle.net/1721.1/42604.
Повний текст джерелаStrebeľová, Veronika. "Financial Planning and Financial Analysis of a Limited Liability Company." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-124842.
Повний текст джерелаCarraro, Eliane Aparecida Santos. "O uso do termo de consentimento informado como forma de verificação da responsabilidade civil por parte do cirurgião-dentista." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/23/23148/tde-01042011-130819/.
Повний текст джерелаIn recent history, the profession of dental surgeon has been the target of numerous lawsuits from more diverse, filed by patients dissatisfied with the results obtained in their dental treatment. Considering the inherent rights of the patient and the dental class of great concern with respect to lawsuits stem from the lack of adequate information to their patients, some important aspects of informed consent as well as from civil liability in dentistry are addressed in this study in order to clarify and avoid the constant lawsuits against dentists by a lack of informed consent The information, whether oral or written, about a diagnosis, therapeutic procedure, or dental treatment to patients or relatives, and how to comprehensively explain what is being passed is a major conflict between the dental class nowadays. Informed Consent and the Term of Consent has to be the case, verbal and written like the dentist tells the patient or his representative, so clear, the actions and steps, related to diagnosis and therapeutic treatment, accounting the risks and benefits, advantages and disadvantages so that you can, independently, choose to perform, or not, the possible treatment. The aim of this study was to survey and analysis of appellate decisions of the Courts of Justice in southern Brazil, using the Internet. Of the 102 judgments are assessed 30 of the Court of Paraná, 17 of the Court of St. Catherine and 55 of the Court of Rio Grande do Sul. Regarding Informed Consent, Termination of Consent or even proof of Information it was found that the judgments were seldom mentioned these issues, but noted that when mentioned served as subsidies for consistent defense of the professional.
Roth, Louise Marie. "What’s the Rush? Tort Laws and Elective Early-term Induction of Labor." SAGE PUBLICATIONS INC, 2016. http://hdl.handle.net/10150/622462.
Повний текст джерелаLeveneur-Azémar, Marie. "Etude sur les clauses limitatives ou exonératoires de responsabilité." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020041/document.
Повний текст джерелаLimitation and exclusion clauses constitute a very common practice in many areas. Although they are more often used in the contractual field, these agreements can also change tort liability of a potential tortfeasor who would already know the potential victim, as a neighbour or a consortium member. Nowadays, despite their utility and practical frequency, these stipulations suffer from an uncertain regime, that gives rise to questions, as much in contractual field as in tort field. Firstly, to know whether an exclusion clause can be invoked by the responsible, we need to verify its validity. Yet, both laws in different fields (transport law, consumer law …) and case law (especially the famous Chronopost case) have affected the classic rules of validity of these stipulations. There is therefore a need to establish new guidelines to clarify this important question. Secondly, it is not certain that the exclusion clause, however valid, will apply. The effectiveness of these provisions is also of great importance. Nevertheless, the rules governing the paralysis in case of gross fault from the responsible and those who regulate the enforceability of clauses to third parties, victims of a damage caused by a breach of contract, should be renovated to sweep away the uncertainties that confuse the subject. At a time when French civil liability law is about to be reformed, this study proposes a new regime for exclusion and limitation clauses in order to restore their true function of foreseeability for parties
Schunck, Giuliana Bonanno. "Contratos de longo prazo e dever de cooperação." Universidade de São Paulo, 2013. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-28032014-144357/.
Повний текст джерелаThis thesis has the purpose of analyzing the particularities of the long term contracts that lead to require the contracting parties to adopt a different conduct concerning cooperation between them, so that the performance of the contract may occur in an efficient fashion. We also intend to analyze the cooperation duty arising out of the goodfaith principle, its characteristics and its application to the long term contracts, always taking into consideration the news standards of the Contract Law associated with the role of the contracts to the society and economy. Indeed, the long term contracts have certain particularities that make them different from the spot relationships, in special their relational character and incompleteness, which show that the parties conduct shall be loyal and faithful and, thus, cooperation has a very important task. The principle of good-faith sets forth the duty to cooperate by means of its function of creating conduct rules. In practical terms, the duty to cooperate which shall be more intense for long term contracts is observed by means of the implied or ancillary duties, which are only known and individualized in each particular and concrete contract. Bearing in mind such aspects that justify a more intense cooperation in long term contracts and demonstrate that cooperation will mean, in practice, the compliance with ancillary or implied duties, we analyze the cases of violation of the duty to cooperate in opposition to the breaches of the contract obligations themselves and the consequences of such violation to the contractual relationship, especially to the long term contracts.
Graziano, Analucia. "Responsabilidade civil médica por erro de diagnóstico: critérios para a identificação do erro de diagnóstico e o resultado falso-positivo e falso-negativo." Pontifícia Universidade Católica de São Paulo, 2010. https://tede2.pucsp.br/handle/handle/8924.
Повний текст джерелаIn line with the idea of rule of law and consequent incompatibility with the irresponsibility of its members, the vast expansion of the area of liability is accompanied by the growing interest of society to find solutions that make effective compensation for damage. It forms new doctrine, concerned with protecting the citizens most vulnerable and helpless. It turns out that the increasing number of complaints begins to disrupt society in general, to increase the financial cost for the professional and the patient because of the increase especially in the application of more sophisticated laboratory tests and refusal to higher-risk procedures, contributing to a consolidation of defensive medicine. The aim of this paper is to provide measures to prevent the questioning of the patient-consumer for the health services used by it. Are brought to bear upon some criteria such as time, sensitivity and specificity of diagnostic method for identification of medical errors. The consent form is also shown as a measure capable of preventing the questions, eliminating or reducing some complications related to relationship conflict or miscommunication between doctor and patient. In the context of public institutions to private, is necessary a detailed analysis of the legal systems adopted. So rich, the issue is not limited to the material aspect, so deals some specific procedural rules, which directly influence the demand indemnification, as the burden of proof. Case law and doctrine and comparative national basis and reap the practical utility of each issue discussed
Em consonância com a idéia de Estado de direito e consequente incompatibilidade com a irresponsabilidade dos seus membros, a grande expansão da área da responsabilidade civil é acompanhada do crescente interesse da sociedade em buscar soluções que tornam efetiva a reparação do dano. Forma-se nova doutrina, preocupada com a proteção aos cidadãos mais frágeis e desamparados. Ocorre que o crescente número de queixas começa perturbar a sociedade em geral, por aumentar o custo financeiro para o profissional e para o paciente em razão especialmente do aumento no pedido de exames complementares mais sofisticados e recusa em procedimentos de maior risco, contribuindo para uma consolidação de uma medicina defensiva. O objetivo do presente trabalho é fornecer medidas capazes de prevenir os questionamentos do paciente-consumidor, relativos aos serviços de saúde utilizados por ele. São trazidos à baila alguns critérios como tempo, sensibilidade e especificidade do método de diagnóstico para a identificação do erro médico. O termo de consentimento esclarecido é também apontado como medida capaz de prevenir os questionamentos, eliminando ou reduzindo algumas causas ligadas a conflitos de relacionamento ou de falha de comunicação entre médico e paciente. No âmbito das instituições públicas a privadas, se faz necessária uma minuciosa análise sobre os regimes jurídicos adotados. De tão rico, o tema não se esgota no aspecto material, por isso pincela algumas particularidades processuais, que diretamente influenciam as demandas indenizatórias, tal como o ônus da prova. O estudo de mecanismos alternativos de recomposição dos acidentes médicos ajuda, também, a compreender melhor que a simples decisão de criar novas hipóteses de responsabilidade objetiva ou adotar um sistema alternativo de solidariedade nacional deve levar em conta a sua viabilidade em termos práticos, e não apenas teórico. Da jurisprudência e doutrina nacional comparada colhe-se o fundamento e a utilidade prática de cada questão discutida
Noirot, Renaud. "Les dates de naissance des créances." Thesis, Paris 5, 2013. http://www.theses.fr/2013PA05D016/document.
Повний текст джерелаIt is the laws governing companies experiencing difficulties which have revealed the complexity of determining the dates of the origination of the claims. And yet this appears to be fundamental in private law. As it constitutes the criterion for implementing certain legal mechanisms, it epitomizes the existence of the claim and hence represents a challenge for any rule of law in which the existence of this claim is a goal or condition. There are two conflicting doctrinal currents: the traditional approach sets the date of origination at the stage of the formation of the contract, while modern approaches situate it at the stage of the execution of the contract. The materialistic approach, based on the law governing companies experiencing difficulties, staggers the origination of the price debt over the period of the execution of the service. The periodical approach, which relies on a doctrinal reflection on successive execution contracts, is that of the re-origination of all the claims under the contract at each contractual period. An examination of the modern approaches, under the auspices of the legal mechanisms which can only epitomize the true date of origination of the authentic claim leads to the invalidity thereof. The traditional approach is therefore once again consecrated. But the resistance constituted by the laws governing companies in difficulty cannot rely on the technique of legal fiction, because other manifestations of the same phenomenon can be identified outside this domain. Therefore, a change of paradigm is in order if the hiatus is to be resolved. Behind this persistent phenomenon lies in fact another vision, another concept of the claim: the economic claim which, interwoven with the legal claim in the private law system, supplements it. The duality of the dates of origination therefore conceals in its bosom the duality of the very concept of a claim, the traditional legal claim and the economic claim. The economic claim is not a subjective personal right. It is not a legal claim. It is not autonomous of the legal claim and must not be confused with a claim originating in a case of unwarranted enrichment. The economic claim represents the value produced by the contract as the service which characterizes it is provided. It permits the rectification of the ordinary application of the concept of legal claim by ensuring the function of correlating the proceeds with the costs of a commodity or an activity. Its domains of application are varied. In addition to its use in accounting and fiscal law, the economic claim permits the determination of the portion transferred in the context of the transfer of a contract, the determination of the collateral consisting in a special-purpose fund in the context of a legal joint estate, a limited liability individual contractor or a trust, as well as the determination of the liabilities which escape the discipline of collective proceedings. In these domains, it is therefore not the date of origination of the legal claim which applies, but the date of origination of the economic claim. The coherence of the private law system is therefore restored as concerns the date of the origination of the claim
Swart, Isla. "Product liability class actions in terms of the Consumer Protection Act 68 of 2008." Diss., 2016. http://hdl.handle.net/2263/53193.
Повний текст джерелаShih, Yu-Chun, and 施玉春. "The Role and Liability of Certified Public Accountants in terms of Corporate Governance in Taiwan." Thesis, 2004. http://ndltd.ncl.edu.tw/handle/15370637737920457128.
Повний текст джерела國立雲林科技大學
企業管理系碩士班
92
Since 1998,there have been cases involving listed and OTC companies diverting and emptying corporate assets in Taiwan. Two years go, there were even malicious frauds of such public companies such as Huahsiang Tech and J-J Electronics,in falsifying financial statements. In 2001, over dozens of companies in the USA, such as Enron were associated with falsifying financial information. A series of such frauds in Taiwan and abroad have not only made investors question the credibility of enterprise financial information, but also led to issues concerning the role and liability of certified public accountants. In view of this situation, governments of various countries have begun to reform the CPA system, formulate and revise relevant acts and regulations. For example, in 2002, the Sarbanes-Oxley Act of 2002 was passed in the USA, including the reform of management of CPAs as well as strict requirements and regulations. Taiwan is also starting to formulate and revise the Accountant Act, e.g. adding a corporate CPA firm system and emphasizing the certification liability of certified public accountants. In terms of corporate governance, the CPA plays an import role like a bridge between the internal supervision and outside supervision. The CPA is supposed to be independent both in fact and appearance in order to protect the interests of the general public. The legal liability of the CPA in handling auditing and certification consists of administrative, civil and criminal liabilities. For years, cases involving the liability of CPAs in Taiwan have been mostly dealt with by administrative punishment. Only a few of them have been subjected to civil and criminal verdicts. However, as investors have been paying more attention to protecting themselves, the CPAs in Taiwan will definitely face stricter liability involving civil compensations. This thesis first gives an introduction to the relationship between corporate governance and certified public accountants. It then explains the role and independence of the CPAs, and finally well as makes a profound exploration into the existing CPA Act, Securities-Exchange Act and Civil Act in Taiwan with regard to the liability of CPAs.
Chai, Kou-Hsiung, and 蔡國雄. "An Empirical Study of Consumer Protection Law(Strict Liability) in Terms of Medical Malpractice ─The Investigation of Shoulder Dystocia at Mackey Memorial Hospital." Thesis, 2003. http://ndltd.ncl.edu.tw/handle/78358609186638616529.
Повний текст джерела國立陽明大學
醫務管理研究所
91
As the economy develops, the privileges that patients enjoy rise. Their health care needs are being met and much emphasis is put on their rights of being protected. On January 11th 1994, the consumer protection law which aims at the improvement of safety and living standards was announced. Industrial managers cannot be remitted from damage liability even if they cam prove that there is nothing wrong in the products or services provided. This regulation assumes the equality of service and product. Service is a concept that is abstract and hard to define. The consumer protection law in Taiwan does not give a definition to this concept. As a result, there are not only debates in the researches but also diverse perspectives in the practical verdicts of the court. In addition, the intended neglect of law makers has caused argument on its legal propriety, and this effects the doctor-patient relationship tremendously. There is usually contract relation existing between the doctors and the patients as providers and receivers. Therefore the service responsibility has to be regulated by the contract obligation. Its counterparts in traditional civil science are such as contract of mandate, contract of work, and contract of employment. Breaking the law leads to failure of carrying the debt; doing harm to others may cause tort. According to the consumer protection law, from article seven to article ten, which defines the tort obligation, the attribution rule is prone to be strict. Due to the high risk and uncertainty, the most debatable issue is strict liability among such problems as whether the medical practice is subjected to the consumer protection law, whether it is a kind of service, whether doctor-patient relationship is one of consumer behaviors, and whether the doctors or the institutes are the industrial managers. Concerning the medical malpractice of shoulder dystocia at Mackey Memorial Hospital, both of the fact courts of civil judgment in Taiwan Taipei District Court and Taiwan high court applied the consumer protection law article seven. They both included the medical practice in the category of service responsibility and required the hospital to take strict liability. This judge caused panic, strong reactions, and broad discussions and debates in the medical field. The legal judgment of the Supreme Court, however, disposed the original verdict given that reasons are not setforth, i.e. the original verdict was illegal without appropriate reasons and not because of improper applications of the law. This research gives analysis and explanation according to the district, appeal, and supreme judgment about the following issue:the ambiguity of legal propriety between the specificity of medical practice and strict liability. It concludes with the suggestions concerning the question that medical practice is supposedly regulated by the consumer protection law or the traditional civil code.
Scott, Tobias Johannes. "The acquisition by a company of its own shares in terms of section 48 of the Companies Act 71 of 2008." Diss., 2012. http://hdl.handle.net/2263/27996.
Повний текст джерелаDissertation (LLM)--University of Pretoria, 2012.
Mercantile Law
unrestricted
WAN, YI-FEN, and 萬旖芬. "The Civil Liability of the Senior Citizen’s Long Term Care Institutions." Thesis, 2009. http://ndltd.ncl.edu.tw/handle/50597145680081717656.
Повний текст джерела東吳大學
法律學系
97
Abstract Taiwan is becoming an aging society, therefore; institutions of long term medical care and daily care for the elderly have been established. There are some problems of legal norms concerning our country’s long term care because the system has been established by different government sectors. This research is based on the Senior Citizen’s Welfare Law, to explore the civil liabilities of senior citizen’s long term care institutions and to discuss contract disputes of long-term care and how to apply the law in our country. According to Articles 16 and 34 of the Senior Citizen’s Welfare Law, the long-term service model consisted of family care, community care, and institution care ; and various types of institutions required for the welfare for elderly health care or nursing services, medical care should be in accordance with Medical Service Act, Nurses Act, or other medical professions regulations. Therefore; this article elaborates the characteristics of institutional long term care, types, and the composition of staff; and compared with medical .institutions. In Chapter 3, a thorough elaboration is based on the Consumer Protection Commission, Executive Yuan by the adoption of the resolution of long term care contract types to explores the nature of long term care contracts, by caring for the elderly how to make a valid contract, as well as bound by contract with the effectiveness of the use of binding tie. Chapter 4 of this article described the rights and obligations of the long term care contract and how to distribute the burden of proof equitably. Chapter 5 covers actions for damages against institutions for injuries induced by long term care services caring for elders under the general laws of contracts or torts according to Articles 16 and 34 of the Senior Citizen’s welfare Law, nursing services, medical care should be in accordance with Medical Service Act. This article is by the theories and based on the courts discussions of the medical contracts, in order to clarify the relevant issues to make recommendations. Finally, conclusions are collated and make recommendations on related issues.
PAPEŽOVÁ, Jana. "Ochrana spotřebitele v cestovní kanceláři." Master's thesis, 2012. http://www.nusl.cz/ntk/nusl-136758.
Повний текст джерелаShen, Chian Yu, and 沈芊妤. "A Research on Contract Legal Liability of Long-term Care in Taiwan." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/29180591719842806231.
Повний текст джерела嶺東科技大學
財經法律研究所
102
According to the Global Age Watch Index, it shows that aging population had increased annually. The ratio of caring the aging population has also increased. Therefore, the problem of the aging population has become a concern in the future, and long-term care has become the tendency. We should create long-term care policies and regulations to meet the needs of the old people, so that they can benefit from our economy, safety concern, health care and social welfare. This article discusses the rights, obligations and legal responsibilities of the interested parties in Taiwan, Mainland China and United States. The resolutions submitted by the Consumer Protection Committee, Executive Yuan of sample contracts for long-term care and long-term care training are documented. They are recorded as the main body to explore long-term care contractual rights, obligations and liabilities of the parties. Furthermore, if either one of the parties has failed to fulfill the obligation, we look into how their legal right is being protected. Based on the case studies, the caring behavior of the caring party is discussed. Finally, we compare the long-term care consent, the difference of legal responsibilities, and the pros and cons of the legal system of long-term care in Taiwan, Mainland China and United States.
"The use of Eurodollar futures and options in short term asset/liability management." Chinese University of Hong Kong, 1990. http://library.cuhk.edu.hk/record=b5886375.
Повний текст джерелаThesis (M.B.A.)--Chinese University of Hong Kong, 1990.
Bibliography: leaves 49-50.
ABSTRACT --- p.i
ACKNOWLEDGEMENT --- p.ii
TABLE OF CONTENTS --- p.iii
Chapter
Chapter I. --- INTRODUCTION --- p.1
Chapter II. --- EURODOLLAR FUTURES AND OPTIONS --- p.3
Eurodollar Futures --- p.3
Hedging With Eurodollar Futures --- p.4
Options On Eurodollar Futures --- p.5
Contract Type --- p.5
Contract Style --- p.6
Contract Lifespan --- p.6
Contract Value --- p.6
Hedging With Eurodollar Options --- p.7
Naked Positions --- p.7
Chapter III. --- ASSET/LIABILITY MANAGEMENT --- p.9
Gap Concept --- p.10
Gap Analysis --- p.11
Types of Gaps --- p.12
Positive And Negative Gaps --- p.13
Voluntary And Involuntary Gaps --- p.13
Chapter IV. --- HEDGING THE GAP --- p.14
Macro Hedge --- p.14
Micro Hedge --- p.17
Macro Hedge vs Micro Hedge --- p.17
Chapter V. --- HEDGING METHODOLOGY --- p.19
Cross Hedge Basis Risk --- p.20
Hedge Ratio --- p.20
Time Basis Risk . . --- p.21
Basic Hedge With No Time Basis Risk --- p.23
Example 1: Single 90-Day Gap --- p.24
Example 2: Single 30-Day Gap --- p.24
Example 3: Single 180-Day Gap --- p.25
Example 4: Series of 90-day gaps --- p.25
Example 5: Series of 30-Day Gaps --- p.26
Basic Hedge With Time Basis Risk --- p.27
Hedging Of A Series Of Liability Issues --- p.32
Strip hedge --- p.32
Stack hedge --- p.33
Chapter VI. --- OPTIONS AND FUTURES --- p.35
Similarities and Differences --- p.35
Merits And Demerits --- p.37
Chapter VII. --- REASONS FOR HEDGING --- p.39
Merits --- p.39
Demerits --- p.40
Chapter VIII. --- THE SITUATION IN HONG KONG --- p.42
Chapter IX. --- CONCLUSION --- p.45
APPENDIX --- p.47
BIBLIOGRAPHY --- p.49
Chang, Kai-Min, and 張凱明. "Study on Contractual Liability of Cloud Service Agreement - Focus on the term of Limitative Compensation." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/15240704191469905500.
Повний текст джерела中原大學
財經法律研究所
101
Abstract Cloud computing is a kind of new trend in information technology industry. Cloud computing has become the latest in a series of popular industry terms and is used in many spheres. According to the trend, most government and international business companies try to plan standard and do a large number of investment in cloud computing. Cloud computing is different from traditional network model. Cloud computing has three characteristics that are virtualization、aggregation、service oriented architecture. Through three characteristics as above, cloud computing can increase capacity but without investing in new infrastructure, training new personnel, and licensing new software by service provider. So the users could be do well arrangement in financial saving、computer efficiency arising. We usually call cloud computing service when cloud computing is be used as a service. Cloud computing service could be set three kind as below:Infrastructure as a Service(IaaS)、Platform as a Service(PaaS)、Software as a Service(SaaS). IaaS is a provision model in which an organization outsources the equipment used to support operations, including storage, hardware, servers and networking components. PaaS is an outgrowth of software as a service , a software distribution model in which hosted software applications are made available to customers over the Internet. SaaS is a type of cloud computing delivers a single application through the browser to thousands of customers using a multitenant architecture. Cloud computing service creates new legal issue in the relationship between users、service provider、presence of third party and the law made by government. This creates new challenges in understanding how laws apply to a various of cloud computing. One of the legal issue of cloud computing service is the contract issue. The contractual issue involves the contract structures, terms, and compensation. Service Level Agreement(SLA) is a part of cloud computing service contract. SLA is between the cloud computing service provider and the users, usually in measurable terms and what services the service provider will offer. The contractors could be measured, justified, and perhaps compared with those of cloud computing providers by SLA. So the SLA is a very important document in cloud computing service. For the users benefit and well customer relationship, the loud computing service providers should indemnify, defend, and hold the customer harmless against any and all losses resulting from any security breach. But on the contrary, the service providers made term of limitations of liability within standard contract of service to protect its own benefit but also harm the users’ right. The service providers typically approach the liability issue with a pure avoidance strategy: provider disclaims liability for failure to comply with applicable laws or data loss. This strategy is not fair and unacceptable by users. So the writer try to study on contractual liability of cloud service agreement and focus on the term of limitative compensation. The writer hope to find standards to examine the term of limitative compensation made by service provider is fair or not. It also effects to the development of cloud computing industry. Instead of avoidance strategy in cloud computing service agreement, the users could protect liabilities risk and the providers could use insurance policies to transfer and balance the risk to an insurance carrier.
Lerm, Henry. "A critical analysis of exclusionary clauses in medical contracts." Thesis, 2009. http://hdl.handle.net/2263/24973.
Повний текст джерелаThesis (LLD)--University of Pretoria, 2009.
Public Law
unrestricted
Beran, Tomáš. "Pojistná smlouva a pojištění právní ochrany." Doctoral thesis, 2014. http://www.nusl.cz/ntk/nusl-337005.
Повний текст джерелаAntunes, Maria de Nazaré Rodrigues. "Os créditos não abrangidos pela exoneração do passivo restante – Indemnizações devidas por factos ilícitos dolosos praticados pelo devedor, que hajam sido reclamadas nessa qualidade, nos termos do artigo 245.º, n.º 2 do CIRE." Master's thesis, 2022. http://hdl.handle.net/10316/99791.
Повний текст джерелаA facilidade de acesso ao crédito por parte das famílias contribui de forma inegável para o endividamento das pessoas singulares, levando a um exponencial aumento dos processos de insolvência em geral e das pessoas singulares muito em particular. Em 2004 entrou em vigor na nossa ordem jurídica o instituto jurídico da exoneração do passivo restante com o objetivo de permitir a reabilitação económica dos devedores pessoas singulares através da extinção dos créditos. Sucede, porém, que, não se trata de uma extinção total, existindo créditos que se encontram excluídos da eventual concessão da exoneração do passivo restante. Razão pela qual, em muitos casos se verifica que a exoneração do passivo restante não cumpre o seu papel designadamente quando pensamos nos devedores que apenas possuem dívidas que se encontram excluídas do âmbito deste benefício, colocando-os em verdadeiras situações difíceis, tal como sucede no caso dos créditos relativos a indemnizações devidas por factos ilícitos dolosos praticados pelo devedor pois os mesmos encontram-se expressamente excluídos da exoneração conforme determinado por lei. Relativamente ao presente trabalho iniciaremos a nossa explanação por uma breve alusão à insolvência enquanto processo de execução universal cuja finalidade é a satisfação dos credores e à exoneração do passivo restante enquanto consequência desse processo sempre que o mesmo se reporte a devedores pessoas singulares. Deter-nos-emos no estudo mais aprofundado da concessão da exoneração do passivo restante, caracterização, benefícios, procedimento da exoneração e a temática da exclusão de certos créditos da exoneração do passivo restante, onde se consagra a exclusão dos créditos indemnizatórios devidos por factos ilícitos dolosos praticados pelo devedor, que hajam sido reclamadas nessa qualidade. Dedicaremos um capítulo autónomo do nosso trabalho às alterações trazidas pela Lei n.º 9/2022, de 11 de janeiro, publicada em Diário da República no dia 11/01/2022, e que entrará em vigor 90 dias após a sua publicação (11/04/2022), a qual estabelece medidas de apoio e agilização dos processos de reestruturação das empresas e dos acordos de pagamento, transpõe a Diretiva (UE) 2019/1023, do Parlamento Europeu e do Conselho, de 20 de junho de 2019, e altera o Código da Insolvência e da Recuperação de Empresas, o Código das Sociedades Comerciais, o Código do Registo Comercial e legislação conexa. Importa alertar, no que à temática em discussão neste trabalho diz respeito, que na referida lei pode ler-se que “Se o devedor for uma pessoa singular pode ser-lhe concedida a exoneração dos créditos sobre a insolvência que não forem integralmente pagos no processo de insolvência ou nos três anos posteriores ao encerramento deste”. Vale por dizer que o prazo de 5 anos é agora reduzido para três anos, findo o qual termina o período de cessão de rendimento disponível, libertando-se o devedor das dívidas restantes. Razão pela qual, salientamos desde já que, não obstante ao longo do presente trabalho fazermos referência ao prazo atualmente em vigor de 5 anos – alertando que optamos por sustentar a presente dissertação ao abrigo da lei vigente por ser a que ainda é aplicável aos processos em curso -, com a entrada em vigor da aludida lei, o mesmo será reduzido para três anos. Pretendemos que esta dissertação sirva de guia para futuras alterações e para chamar à atenção relativamente a questões de relevância, designadamente quer quanto à temática da exclusão de certos créditos da exoneração do passivo restante, onde se consagra a exclusão dos créditos indemnizatórios devidos por factos ilícitos dolosos praticados pelo devedor, que hajam sido reclamadas nessa qualidade, quer relativamente à Lei n.º 9/2022, de 11 de janeiro.
The ease of access to credit by households undeniably contributes to the indebtedness of natural persons, leading to an exponential increase in insolvency proceedings in general and of individuals very much in particular. In 2004, the legal institute for the exemption of remaining liabilities entered into force in our legal order with the aim of enabling the economic rehabilitation of debtors by extinguishing the claims.It follows, however, that this is not a total extinction, and there are claims which are excluded from the possible grant of the exemption from the remaining liabilities.That is why, in many cases it is found that the exemption from the remaining liabilities does not fulfil its role, in particular when we think of debtors who only have debts which are excluded from the scope of that benefit, putting them in real difficult situations, as in the case of claims relating to damages due to unlawful acts committed by the debtor because they are expressly excluded from the exoneration.Regarding the present work, we will begin our explanation with a brief allusion to insolvency as a universal execution process whose purpose is the satisfaction of creditors and the exoneration of the remaining liabilities, as a consequence of this process whenever it refers to natural debtors persons.We will focus on a more in-depth study of how in granted of the exemption of the remaining liabilities, characterization, benefits, the procedure of the exemption and the theme of the exclusion of certain credits from the exemption of the remaining liabilities, where the exclusion of indemnity credits due for unlawful acts is established. intentional acts committed by the debtor, which have been claimed in that capacity.We will dedicate a separate chapter of our work to the changes brought by the Law n.º 9/2022, of 11 January, published in Diário da República on 11/01/2022, and which will enter into force 90 days after its publication (11 /04/2022), which establishes measures to support and streamline the processes of restructuring companies and payment agreements, transposes Directive (EU) 2019/1023, of the European Parliament and of the Council, of 20 June 2019, and amends the Insolvency and Corporate Recovery Code, the Commercial Companies Code, the Commercial Registry Code and related legislation.It is important to point out, with regard to the theme under discussion in this work, that in the aforementioned law can read that "If the debtor is a natural person, he may be granted the exemption of claims on insolvency that are not fully paid in the process. of insolvency or in the three years following its closure”. It is worth mentioning that the period of 5 years is now reduced to three years, at the end of which the period of transfer of disposable income ends, releasing the debtor of the remaining debts.For this reason, we emphasize right away that, despite the fact that throughout the present work we make reference to the term currently in force of 5 years - alerting that we chose to support this dissertation under the current law as it is still applicable to the processes in course - with the entry into force of the aforementioned law, it will be reduced to three years.We intend that this dissertation will serve as a guide for future changes and to draw attention to relevant issues, namely regarding the issue of the exclusion of certain credits from the exoneration of the remaining liabilities, which enshrines the exclusion of indemnity credits due for intentional unlawful acts. committed by the debtor, who have been claimed in that capacity, or in relation to Law No. 9/2022, of 11 January.