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The Global ETD Search service is a free service for researchers
to find electronic theses and dissertations. This service is
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Networked Digital Library of Theses and Dissertations.
Our metadata is collected from universities around the world. If you manage a university/consortium/country archive and want to be added, details can be found on the NDLTD website.
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Showing 1 to 3 of 3 (0.045 seconds)Spelling suggestions: "subject:"[een] JURISTIC ACT"" "subject:"[enn] JURISTIC ACT""
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[pt] LIMITES DO NEGÓCIO JURÍDICO DA TUTELA EX LEGE DO EQUILÍBRIO CONTRATUAL / [en] LIMITS OF THE JURISTIC ACT OF THE EX LEGE PROTECTION OF THE CONTRACTUAL BALANCEDANIELA SOARES DOMINGUES 01 February 2023 (has links)
[pt] As recentes crises econômicas pelas quais o Brasil passou nos últimos dois anos - como a pandemia de Covid-19 e a guerra entre Rússia e Ucrânia - geraram inúmeras perturbações no cumprimento dos contratos e, por conseguinte, o desequilíbrio de suas prestações. A implementação do contrato de execução continuada ou diferida e seus reflexos no tempo geram, por si sós, uma gama de riscos que precisam ser geridos de modo eficaz. O presente estudo tem como objetivo analisar os limites do negócio jurídico da tutela ex lege do equilíbrio contratual prevista nos artigos 317 e 478 a 480 do Código Civil brasileiro, amplamente negociada por partes paritárias, em que estas estabeleçam seus próprios critérios para a configuração da excessiva onerosidade, modificando, restringindo ou excluindo a tutela ex lege do equilíbrio contratual, bem como afastando, definitivamente ou provisoriamente, as ações revisional e/ou resolutiva previstas nos citados dispositivos legais. Essa análise se mostra relevante, uma vez que a legislação civil pátria não declarou, nem forneceu qualquer indicativo sobre a natureza das referidas normas. / [en] The recent economic crises that Brazil has experienced in the last two years - such as the Covid-19 pandemic and the war between Russia and Ukraine - have generated numerous disruptions in the fulfillment of contracts, and, consequently, the imbalance of its benefits. The implementation of the continuous or deferred execution s contract and its effects in time generate, by itself, a range of risks that need to be managed effectively. The present study aims to analyze the limits of the juristic act of the ex lege protection of the contractual balance provided for in articles 317 and 478 to 480 of the Brazilian Civil Code, widely negotiated between parity parties and, in which contractors establishes its own criteria for the configuration of excessive burden, modifying, restricting or excluding the ex lege protection of the contractual balance, and removing, definitively or provisionally, the revisional and/or the resolutive actions provided in the aforementioned provisions. Such analysis is relevant, since the national civil legislation did not state, nor provided any indication as to the nature of those rules.
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| 2 |
Legal and regulatory aspects of mobile financial servicesPerlman, Leon Joseph 11 1900 (has links)
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked persons via mobile phones.
Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and
independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’
services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’
services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services
are provided through ‘agents.’
Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a
Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile
‘airtime’-based Store of Value.
The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed,
in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and
consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that
entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the
traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric
MFS rises to the ‘business of banking.’
An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is
undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be
deemed ‘money’ in law.
Consumer protection for MFS and payments generally through current statute, contract, and payment law
and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in
South African law is discussed.
The legal and regulatory regimes in the European Union, Kenya and the United States of America are
compared with South Africa. The need for a coordinated payments-specific law that has consumer
protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a
regulator for retail payments is recommended. The use of trust companies and trust accounts is
recommended for protection of user funds.
| vi / Public, Constitutional and International Law / LLD
|
| 3 |
Legal and regulatory aspects of mobile financial servicesPerlman, Leon Joseph 11 1900 (has links)
The thesis deals with the emergence of bank and non-bank entities that provide a range of unique
transaction-based payment services broadly called Mobile Financial Services (MFS) to unbanked,
underserved and underbanked persons via mobile phones.
Models of MFS from Mobile Network Operators (MNOs), banks, combinations of MNOs and banks, and
independent Mobile Financial Services Providers are covered. Provision by non-banks of ‘bank-type’
services via mobile phones has been termed ‘transformational banking’ versus the ‘additive banking’
services from banks. All involve the concept of ‘branchless banking’ whereby ‘cash-in/cash out’ services
are provided through ‘agents.’
Funds for MFS payments may available through a Stored Value Product (SVP), particularly through a
Stored Value Account SVP variant offered by MNOs where value is stored as a redeemable fiat- or mobile
‘airtime’-based Store of Value.
The competitive, legal, technical and regulatory nature of non-bank versus bank MFS models is discussed,
in particular the impact of banking, payments, money laundering, telecommunications, e-commerce and
consumer protection laws. Whether funding mechanisms for SVPs may amount to deposit-taking such that
entities could be engaged in the ‘business of banking’ is discussed. The continued use of ‘deposit’ as the
traditional trigger for the ‘business of banking’ is investigated, alongside whether transaction and paymentcentric
MFS rises to the ‘business of banking.’
An extensive evaluation of ‘money’ based on the Orthodox and Claim School economic theories is
undertaken in relation to SVPs used in MFS, their legal associations and import, and whether they may be
deemed ‘money’ in law.
Consumer protection for MFS and payments generally through current statute, contract, and payment law
and common law condictiones are found to be wanting. Possible regulatory arbitrage in relation to MFS in
South African law is discussed.
The legal and regulatory regimes in the European Union, Kenya and the United States of America are
compared with South Africa. The need for a coordinated payments-specific law that has consumer
protections, enables proportional risk-based licensing of new non-bank providers of MFS, and allows for a
regulator for retail payments is recommended. The use of trust companies and trust accounts is
recommended for protection of user funds.
| vi / Public, Constitutional and International Law / LL. D.
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