Texte remanié de: Tesis doctoral--Derecho--Valladolid--Facultad de derecho de Valladolid, 1989. / Bibliogr. p. 433-445.

Thesis (doctoral)--Universität Tübingen.

Diss.--Kiel--Christian-Albrechts-Univ., 1993. / Bibliogr. p. 347-380.

Collective (group, mass) actions and their trying Abstract With regard to both global and national developments, it is necessary to respond to the societal changes brought about by it in the field of private law. One of these changes is also the mass of legal relationships consisting of the existence of a large number of almost identical rights and obligations between one or more entities on the one hand and thousands and millions on the other. In practice, new problems arise, such as overloading the courts, enormous costs of proceedings, recurring evidence, and so on. And these problems represent challenges that intitutes of collective rights protection, generally reffered to as collective actions, has to cope with. These include group action, representative action, test-case action, public group action, and so on. The prototype of all these actions is U.S. class action with deep historical roots, which has become the most used and the most famous. Also, in many other countries of the world and Europe, collective actions have been introduced in various forms, often inspired by U.S. class action. Collective protection of rights has been unresolved topic without the prospect of a comprehensive legislative framework until recently, but now the situation is different and the civil procedural law will be...

Regulation of web bots is an analysis of the interest and a collection of discussions about the phenomena web bots. The section that contains the result from the interviews brings up the question about ethical and legal actions and the opposite to those. How the regulation could work is also discussed in the section with the results from the interviews. The discussions were produced by people whose background in one case or another can relate to the phenomena web bots. In that way this study was limited to few, but more profound interviews which would enable analyses of web bots existence. Sources that have been used are earlier research like scientific theses, articles from web places and books that brings up and discuss the technique. The result shows us that the interest of regulation exist with the persons who got interviewed. The view on the phenomena has been that web bots are considered to be tools in an information society. One form of regulation which is pointed out in the result section is informed consent. It implies that users will be informed and give their consent on whether they want to interact with web bots on the specific site the user visits.

Univ., Diss.--Göttingen, 2006.

Thesis (doctoral)--Ruprecht-Karl-Universität zu Heidelberg.

Univ., Diss.--Frankfurt am Main, 2002.

Essai (M.Sc.)--Université Laval, 1997. / Bibliogr.: f. 94-97. Publié aussi en version électronique.

The enactment of derivative action was expected to be actively used by shareholders to protect their interests. In fact, it turned out that this reform effort seemed futile as the right to engage in such actions was rarely exercised. This raises a question about the role of derivative actions in China; namely, should a derivative action system play a key role in protecting shareholder interests? If the answer is positive, the next question is how such a system could be improved in order to effectively discipline management. The essence of this thesis is to try to address these issues. This thesis argues that derivative action should and can play a key role in China’s corporate governance. First, minority shareholders in China face double agency problems within the company and thus protective mechanisms must be put in place. Second, this thesis formulates its argument by demonstrating the ineffectiveness of market forces and other legal methods. As a consequence, derivative action ought to retain a central role in regulating the misbehaviour of controlling shareholders and managers. After demonstrating the need to strengthen and improve derivative actions in China, this thesis starts to explore Chinas’ derivative actions system. It first examines derivative action cases before Company Law 2005. Despite the absence of a clear statutory basis for derivative actions in Company Law 1993, such cases have nevertheless appeared in the courts. After almost eight years of implementation, less than 80 cases were raised. Whilst this seems a good figure in comparison to other jurisdictions, closer examination shows this not to be the case. For example, the opacity of the demand requirement constitutes a barrier for shareholders wishing to exercise this right. More importantly, the funding rule of derivative actions is treated as the same with other forms of litigation. In view of the unique economic nature of the derivative action, a new funding rule for derivative action should be established. After discussing why derivative actions should play a significant role in monitoring management and how they should be improved, this thesis argues that shareholders are increasingly willing to take this action to protect their rights and interests because of the establishment of commercial society and the existence of the traditional culture of Legalist School. Also, the courts are more capable of dealing with derivative action cases because of the enactment of the Judges Law and the increasing recruitment of more qualified people to the judiciary. It is believed that the effectiveness of derivative action can contribute to foster good corporate governance in China.