Os emolumentos são a remuneração devida em forma de pecúnia aos tabeliães e oficiais de registro em contraprestação aos seus serviços. Tais profissionais do Direito, muito embora prestem serviço público, não são detentores de cargo público, não sendo considerados servidores públicos, mas sim agentes públicos. Neste contexto, estão amoldados sob o manto do Direito Púbico, tendo em vista a delegação sui generis a eles outorgada por meio de concurso público. O trabalho tratará da possibilidade de incidência do imposto sobre serviços de qualquer natureza (ISS) nos emolumentos, visando a identificar primeiramente a natureza jurídica dos serviços prestados pelos cartórios, bem como da sua remuneração. Posteriormente se questionará a constitucionalidade da referida cobrança e a metodologia de seu recolhimento. / The emoluments are the remuneration payable in the form of pecuniary to notaries and registers in consideration of their services. These legal professionals, although they serve the public, are not holders of public office, are not considered public servants, but agents public. In this context, are characterized under the mantle of public law, in view of the sui generis delegation granted to them by public tender. The article will focus the possibility of incidence of the services rendered tax (ISS tax ) in emoluments, aiming identify first the nature of the legal services provided by notary’s office, as well as of their remuneration. Subsequently will be questioned the constitutionality of that levy and the methodology of their charging.

Thesis (M. A. (Criminology and Criminal Justice)) -- University of Limpopo, 2021 / The purpose of this study was to explore domestic Violence, closely looking at the victimisation of women and children in the Mankweng police area, situated in Capricorn Municipality, Limpopo Province, South Africa. This study sought to identify factors contributing to abuse against women and children, to assess types of abuse experienced by victims and to determine measures that can be applied to prevent it. This qualitative study applied the exploratory research design to recruit participants using non-probability sampling techniques, specifically purposive sampling tehniques. About Fifteen (15) participants, including Twelve (12) local SAPS officials and three (3) social workers attached to the SAPS FCS who work closely with domestic violence, were selected in this study. Data was collected using semi-structured face-to-face interviews. Based on the transcribed data, themes were extracted and analysed using Textual Content Analysis (TCA). This study established that there are factors that contribute to the occurrence of domestic VAW and children; victims are affected by domestic violence (I.e., Be it physical, sexual, psychological and financial); and that there are measures that may reduce its occurrence. Findings of this study indicates that factors such culture, alcohol abuse, financial dependency, and exposure to abuse at early childhood contribute to the occurrence of domestic violence and that victims experience abuse differently. For recommendations, there is a need for Educational programmes on domestic violence legislative framework(s), especially the Domestic Violence Act [DVA] (No. 116 of 1998). They should be strictly enforced to assist perpetrators to note the seriousness of this crime and the detrimental effects of their actions. The response of the Criminal Justice System (CJS) on this practice should be efficient in this regard. The potential victims should be aware of different steps to take to avoid domestic violence and related abuse. There also a dire needs for the available service providers, such as the social workers, health professional and police to be familiar with effective ways to deal with this practice. Keywords: Children, Domestic violence, Domestic Violence Act [DVA] (No. 116 of 1998), Limpopo Province, Mankweng policing area, Women, VictimisationVictims

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There has been a vast amount of research regarding domestic violence. However, the literature is centered on a linear, cause and effect approach. This study aimed to explore domestic violence from the experiences of young female adults, and will be approached from a postmodern perspective. The participants were selected based on purposive sampling and willingness to participate. The sample consists of two participants and the data was obtained through their written stories and semi-structured face-to-face interviews. Themes were then extracted from the data and were explored through hermeneutic analysis which is consistent with the postmodern approach. A qualitative methodological design was used in order to allow meaning to emerge. The results were then presented in an interpretive and descriptive manner. / Psychology / M.A. (Clinical Psychology)

The study used a qualitative and quantitative approach in evaluating the handling of domestic violence cases in the Alice cluster by the South African Police Service officials. Fifty SAPS officials and twenty victims of domestic violence participated in the research study. Forty cases of domestic violence and four inspection reports by the Eastern Cape Evaluation Service from the Alice cluster were also consulted which served to confirm the responses from the respondents. Questionnaires and interviews were utilized for data collection. The research study revealed that SAPS officials were not properly trained in domestic violence, as a result domestic violence cases were not handled according to the Domestic Violence Act. Some domestic violence victims expressed their dissatisfaction with the handling of their cases. The suggested recommendations include adequate training necessary for SAPS officials to improve service delivery to the victims of domestic violence and proper supervision by the station management. / Police Practice / M.Tech. (Policing))

保險契約中之停效與復效制度，為有別於一般民事契約之特殊制度，其目的在使一時忘記或無力繳交續期保費，不會立即遭到保險人終止保險契約，要保人並得在一段復效期間內，於符合一定條件下，恢復原保險契約之保障。至於復效時必須符合之條件，各國規定不盡相同，但通常包括下列項目：(1)復效申請書(2)提供被保險人之可保證明 (3) 繳清欠繳保費(4) 保險人之同意。我國過去因舊保險法、施行細則及示範條款三者間，對復效應具備之要件規範並不一致，引起學說之重大爭議，法院判決亦常見不同之判決結果，致保險實務上糾紛不斷。 為解決保險市場之脫序現象，九十六年七月十八日修正之保險法，乃對保險法第一百十六條作大幅修正，明確規定如下：「停止效力之保險契約，於停止效力之日起六個月內清償保險費、保險契約約定之利息及其他費用後，翌日上午零時起，開始恢復其效力。要保人於停止效力之日起六個月後申請恢復效力者，保險人得於要保人申請恢復效力之日起五日內要求要保人提供被保險人之可保證明，除被保險人之危險程度有重大變更已達拒絕承保外，保險人不得拒絕其恢復效力。」新法對保險市場新秩序之重建應有重大助益，但新法也衍生一些新的問題，諸如，可保證明之意義及範圍、要保人提供不實可保證明時應如何依法處理、危險程度有重大變更已達拒絕承保程度之認定標準及核保標準、保險人有無要求附條件同意復效之權利，以及復效生效時點如何認定…等疑義，均有待釐清及解決。本研究廣泛蒐集及比較各國立法制度，並整理我國實務判決重要爭點，剖析新法對保險市場產生造成之影響，並對新法產生之新問題提出本文意見與建議，以作為日後研擬修法時之參考。 / The suspension and reinstatement system of insurance contracts is a specific system different from other civil contracts. Its purpose is to prevent proposers, who forget to or are unable to pay premium other than the initial premium, from being terminated of insurance contracts by insurers. The proposer may reinstate the original policy within the time period for applying for reinstatement and when conforming to certain terms. Regarding the terms of reinstatement, the contents are varied among countries but usually include the following items: (1) a reinstatement application; (2) evidence of insurability; (3) prepayment of any overdue premium; and (4) approval of the reinstatement application. Before the Amendment to the Insurance Act in 2007, the terms of reinstatement were stipulated differently among the Insurance Act, the Enforcement Rules for the Insurance Act and the Model Provisions for life Insurance Policies. As a result, there were serious debates of schools, while different judgments delivered by courts of law for similar cases. Thus disputes were continuously happened in terms of insurance practices. Resolving the disorderly phenomenon in the insurance market, Article 116 of the Insurance Act was amended on 18 July 2007 as the following: “A suspended insurance contract shall be reinstated after the premium, the interest stipulated in the insurance contract, and other expenses are paid, provided that such payment is made within six months from the date of suspension. Where the proposer applies for reinstatement more than six months after the date of suspension, the insurer may require that the proposer furnish proof of insurability for the insured, and the insurer may not refuse reinstatement unless the insured's degree of risk has undergone a change that is sufficiently material as to justify refusal to insure”. The amended Act contributes the rebuilding of the order of the insurance market. However, it also produces some new problems. For example, the meaning and scope of the evidence of insurability, how to deal with the reinstatement when the proposer providing lapsed evidence of insurability, the approval and underwriting when the insured's degree of risk has undergone a change that is sufficiently material as to justify refusal to insure, whether the insurer has the right to require some conditions for its approval of reinstatement, and how to recognize the effective time of reinstatement. All these problems still remain unsolved. The study widely collects and compares different countries’ legislative systems, gets together the important points in dispute, analyzes the amended Act’s impacts on the insurance market, and presents opinions and recommendations, which could be reference for amending the Act in the future, on these new problems caused by the amended Act.

In this study, the research problem sought to explore the degree of implementation of the Domestic Violence Act 116 of 1998 by members of the South African Police Service (SAPS). The Domestic Violence Act clearly stipulates the responsibilities of members of the South African Police Service in terms of the policing and management of domestic violence. Data was collected by means of a literature study and individual interviews conducted with SAPS members at the station level. These police officials are responsible for implementing the provisions set out in the DVA. The researcher also drew on her investigative experience in the SAPS, including the investigation of domestic violence. In addition, the researcher conducted a comprehensive literature study of national legislation, internal SAPS policies and directives that govern and promote the regulation of domestic violence in South Africa, the policing of domestic violence, media and newspaper reports as well as library resources and international studies. The findings of the research indicate that participants had a diverse understanding of domestic violence. This study also serves as testimony that the majority of the participants perceived and experienced the implementation of the DVA by the SAPS in various ways. However, participants understand their role and responsibilities to efficiently implement the provisions of the DVA. It was further determined that most of the participants knew their responsibilities regarding record keeping in incidences of domestic violence, and that members of the SAPS knew the procedure to follow in order to serve protection orders. It is, however, questionable whether they will be able to do so when necessary as most of them have not served it themselves as there are specific members at the station level who have been designated the duty of serving protection orders. However, it became evident that SAPS members are confronted with various challenges, at the station level, which hinder the proper implementation of the DVA. The recommendations made in this study may provide the SAPS with knowledge regarding the challenges and shortcomings that police officials experience in effectively implementing the provisions set out in the DVA, the role and responsibilities of SAPS members to efficiently implement the DVA, as well as the training and resources necessary to effectively execute the DVA. / Police Practice / M. Tech. (Policing)

有鑑於國內非營利組織財務報表未公開，資源提供者、主管機關無法透過財務報表監督管理當局是否將資源作有效的運用，亦無法判斷非營利組織營運成果良窳及持續營運的能力。因此國內亟需制訂財務會計準則以公開財務報表，遂引發本研究參考美國非營利組織一般公認會計原則之第一項動機，國內非營利組織目前無一般公認會計原則，而由各主管機關制訂會計制度，或組織自訂會計制度，甚至無任何制度，國內私立大專院校由教育部定有會計制度規範，但其實施至今尚有多項疑義，究竟與美國之規範有何不同，遂成為本研究第二項研究動機。 本研究分成兩部分，第一部份整理美國非營利組織一般公認會計原則，並介紹美國財務會計準則委員會針對非營利組織訂定四號公報—第93號、第116號、第117號及第124號。第二部份為將國內私立大專院校會計制度與美國私立大專院校會計制度所遵守之一般公認會計原則作一整理、分析與比較，以了解國內私立大專院校會計處理的現況與可能存在的問題，並透過問卷來彙整私立大專院校可能存在的問題。 由整理非營利組織一般公認會計原則可得到三項啟示：（1）非營利組織財務會計理論為制訂財務會計準則的基礎，（2）非營利組織會計原則有三項來源，第一個來源為一般會計處理，大部分與營利組織適用相同的會計處理準則，第二個來源為財務會計準則委員會針對特定會計處理制訂之會計準則，第三個來源為資產負債表、損益表與作業活動表應適用的會計原則，（3）為增進財務報表作為績效評估工具的用途，而引進服務努力成就指標的觀念。 本研究問卷對象為會計主任、會計師與教育部官員，其中會計主任發出85份，問卷回收率為37.64％，會計師發出67份，問卷回收率為34.32％，而教育部官員發出59份，問卷回收率為33.9％，因此整體回收率為35.55％。 實證結果彙總如下：（1）受試者皆贊成固定資產應平時提列折舊，（2）目前受限於學校施行細則第43條之規定，投資之會計處理無法採行成本與市價孰低法或市價法，（3）財務報表表達資訊品質三者看法不一致，（4）非營利組織亟需制定一般公認會計原則，（5）教育部應建立成本會計制度以計算學生單位成本。 根據實證結果與美國非營利組織一般公認會計原則之整理，本研究建議（1）參考美國制訂一般公認會計準則的模式訂定國內非營利組織一般公認會計原則，（2）改進財務報表表達方式，（3）私立大專院校會計相關法令合理性探討，（4）國內會計人員與資訊使用者重視非營利組織財務資訊。

保險契約為民事契約之一種，法律關係從成立、生效至終止階段與一般民事契約大致相同，但是有一點效力狀態為保險契約所獨有，亦即「停效」與「復效」狀態，為何保險法上會有停效與復效之制度？其制度目的為何？理論基礎何在？法律性質為何？這些我國法上論述較少，故必須從外國法之資料文獻去分析探討，本文主要分析美國及日本實務及學說，希望能找出一套符合法體系一貫性，並能兼顧保險契約當事人權益之理論架構。 本論文首先從實際發生的一件保險理賠糾紛，點出目前人壽保險契約停效、復效法制之問題。其次，分析保險契約效力層次有幾種，而停效復效之狀態位在哪一個層次。第三，從美國法及日本法角度定義停效及復效之法律性質。第四，介紹壽險契約停效之原因及其法律狀態，進一步討論這三種停效原因相關法律問題。第五，從美國法院判決去分析復效的要件。第六，討論壽險契約復效之相關爭議問題。例如，保險人終止權行使期間之限制、申請復效是否須保險人同意？要保人申請復效時，是否負告知義務？復效與不可抗爭條款、復效與自殺免責條款等等。文末，就復效之相關問題及現行保險法規定，提出個人之拙見及修正條文。