Fiduciary in comparative context Abstract In this doctor thesis, the author is focused on explaining the historical context of the trust institute development, followed by comparison between jurisdiction in England, Lichtenstein, France, Germany and the Czech Republic. The author also points out differences between traditional common law and continental law systems. Even though the differences between local systems are quite significant, the trust system is gaining popularity across the countries for its flexibility of asset management. Just as the Quebec trust was inspired over time by the adjustment of the trust according to common law, the Czech legislator should proceed to amend the individual provisions of the trust fund so that its usability is as wide as possible. A different way from traditional common law has emerged in Germany, where Treuhand was created with German law leaving a wide margin of discretion and the codified part is a minority, as is the case with the French fiduciary. The great differences between the national regulations of trusts or trust-like institutes necessarily lead to the question of whether it is not appropriate to make certain legislative improvements. It is the comparison and knowledge of the most effective and flexible methods that allows us to make a correct and...

Bank guarantee Even after recodification of the private law in the Czech Republic, the bank guarantee remains an important means of covering risk; mostly due to its universal nature. The aim of this thesis is to provide a comprehensive view on the topic of bank guarantees, especially in light of the new Civil Code. The work will focus on defining the nature of the bank guarantee, as well as the ties between the subjects of the relationship formed within bank guarantees, and its basic principles. I have chosen this subject matter, as the bank guarantee remains pertinent, not only in foreign trade, but also in the Czech Republic, as evidenced by legislation such as the Public Procurement Act, the Act on Public Auction, or in the Customs Law. However, the most important role of bank guarantees remains in international trade, where in addition to market risk and performance risk of the contractual counterparty, a territorial risk prevails. In international trade, usually multiple banks take part in the guarantee relationship. This thesis is divided into eight chapters. The first chapter deals with ways of debt security in the new Czech Civil Code and conceptual and terminological changes. It briefly outlines and defines the institutes of insuring debt in new Civil Code. The second chapter concentrates...

Thesis (LLM. (Labour Law)) -- University of Limpopo, 2013 / This mini-dissertation evaluates the laws regulating beneficiary funds in South Africa. A beneficiary fund is a fund established for the purposes of accepting lump sum death benefits awarded in terms of Section37C of the Pension Funds Act (the Act) to a beneficiary (dependant or nominee) on the death of a member, which are not paid directly to that beneficiary or to a trust nominated by the member, or to the member’s estate or to the guardian’s fund. This replaces the previous payments to trusts and a fund can now only pay to a trust if the trust was nominated by the member, a major dependant or nominee; a person recognised in law or appointed by a court as the person responsible for managing the affairs or meeting the daily care needs of a minor or incapacitated major dependant or nominee. Any association of persons or business carried on under a fund or arrangement established with the object of receiving, administering, investing and paying benefits, referred to in section 37C on behalf of beneficiaries, payable on the death of more than one member of one or more pension funds is a beneficiary fund and must be registered by the Financial Services Board and approved. Beneficiary funds were introduced as a result of the amendments to the Pension Funds Act into the Financial Services Laws General Amendment Act, 22 of 2008. The beneficiary funds were introduced with stronger regulatory framework. They have sufficient governance, reporting requirements and conduct annual audits.

<p>The paper investigates the challenges of consolidating beneficiary participation in the planning and implementation of projects, the effects on project outcomes and the implications for community based development. It examines one of such projects in Sekondi- Takoradi Metropolis of Ghana by assessing the entire planning and implementation of the project, the participatory mechanisms used and the current state of the project in terms of its sustainability. The paper critically investigates a broad arena of literature relating to the evolution of the participatory concept and its relation to development planning and management. It further explores some of the critiques leveled against the concept. The paper argues further that beneficiary participation in Community Based Development Projects (CBDPs) in Ghana is a challenge because of the internal rigidities associated with the use of the concept. It explains through evidence from the analyzed data that understanding the strategies for the participatory process as well as the socio dynamics of the beneficiaries involved is important in ensuring positive project outcomes.</p>

<p>The paper investigates the challenges of consolidating beneficiary participation in the planning and implementation of projects, the effects on project outcomes and the implications for community based development. It examines one of such projects in Sekondi- Takoradi Metropolis of Ghana by assessing the entire planning and implementation of the project, the participatory mechanisms used and the current state of the project in terms of its sustainability. The paper critically investigates a broad arena of literature relating to the evolution of the participatory concept and its relation to development planning and management. It further explores some of the critiques leveled against the concept. The paper argues further that beneficiary participation in Community Based Development Projects (CBDPs) in Ghana is a challenge because of the internal rigidities associated with the use of the concept. It explains through evidence from the analyzed data that understanding the strategies for the participatory process as well as the socio dynamics of the beneficiaries involved is important in ensuring positive project outcomes.</p>

Masters in Public Administration - MPA / The paper investigates the challenges of consolidating beneficiary participation in the planning and implementation of projects, the effects on project outcomes and the implications for community based development. It examines one of such projects in Sekondi- Takoradi Metropolis of Ghana by assessing the entire planning and implementation of the project, the participatory mechanisms used and the current state of the project in terms of its sustainability. The paper critically investigates a broad arena of literature relating to the evolution of the participatory concept and its relation to development planning and management. It further explores some of the critiques leveled against the concept. The paper argues further that beneficiary participation in Community Based Development Projects (CBDPs) in Ghana is a challenge because of the internal rigidities associated with the use of the concept. It explains through evidence from the analyzed data that understanding the strategies for the participatory process as well as the socio dynamics of the beneficiaries involved is important in ensuring positive project outcomes. / South Africa

Hospice services provide a holistic approach to end-of-life care to terminally ill patients though there is some evidence to suggest that African American military beneficiary populations may not access hospice care as often as expected. The purpose of this nonexperimental study was to evaluate reasons for the low use of hospice care among the terminally diagnosed members of this population, between the ages of 18 and 64. Kolcaba's comfort theory provided the theoretical framework for this study. The research explored whether a statistically significant difference exist among African Americans military beneficiaries population as compared to non-Hispanic Whites pertaining to their knowledge of hospice care, attitudes and beliefs about hospice, distrust in the health care system, and advanced care plans. This study used a simple random sample of 32 participants (18 African Americans and14 non-Hispanic White) from a military ambulatory care setting in Maryland. Johnson, Kuchibhatla, and Tulsky's End-of-Life Care survey was used to collect data from the 2 groups of participants. Data were analyzed using a one-way multivariate analysis of variance. The results indicate that there are not statistically significant differences between the groups in terms of knowledge of hospice care, attitudes and beliefs about hospice, distrust in the health care system, and advanced care plans based on race. Based on the results of this study, further research is recommended to replicate using a larger sample size to include other minority groups at more than one medical treatment facility. The implication of this study may open up an avenue to policy makers and administrators who are responsible for disseminating information about hospice benefits to focus on improving the quality of the end-of-life for terminally ill patients.

La réparation en droit international public vise à remédier aux conséquences d’un fait internationalement illicite. Aujourd’hui, l’obligation de réparer intégralement les préjudices est un principe bien établi dans différents domaines du droit international et devant les juridictions judiciaires internationales. La notion de réparation a évolué avec le temps et a connu un tournant majeur avec la reconnaissance du statut de l’individu bénéficiaire et débiteur de l’obligation de réparer. Par ailleurs, la réparation n’est pas seulement la modalité prononcée en tant que telle, mais elle consiste aussi et surtout dans la mise en oeuvre de cette modalité. La surveillance de l’exécution des décisions de réparation est ainsi une des clés de l’effectivité de cette dernière. Sur ce point, le soutien des Etats est d’autant plus incontournable que les juridictions internationales présentent une limite essentielle : l’absence de force contraignante pour faire exécuter leur décision. Par ailleurs, l’accent doit être mis sur le rôle d’entités non étatiques dans le processus de réparation, notamment celui de la société civile. Il est intéressant de voir comment s’articule la pratique actuelle de la réparation devant différentes juridictions internationales en tenant compte de tous ces facteurs. Il convient aussi de noter que malgré un contexte de multiplication de juridictions internationales, il reste des défis complexes dans cette matière, comme par exemple celui de la réparation des situations impliquant des enfants soldats à la fois auteurs et victimes de violations du droit international. Par leurs mesures de réparation, les juridictions internationales contribuent au respect de la légalité internationale. / The requirement to fully repair a damage is a well-established principle in different areas of international law. International judicial courts are particularly called upon to deal with this issue. The concept of remedy has evolved over time. This concept has reached a major turning point with the recognition of the status of the individual, beneficiary and debtor of the obligation to repair. Its terms are not the same depending on the international court in which it is contemplated and reparation is not only the modality pronounced as such, but it is also and especially the implementation of this modality. Monitoring the performance of reparation decisions is thus a key to the effectiveness of the latter. On this point, state support is even more essential that the international courts have an important limitation: the lack of binding force to enforce their decision. Moreover, the role of non-state entities should not be underestimated in the reparation process, especially that of civil society. It is interesting to see how the current practice of reparation before various international tribunals is articulated, considering all these factors. It should also be noted that despite a context of multiplication of international courts, it complex challenges remain in this area. The child soldier issue, both perpetrator and victim of violations of international law is particularly eloquent. With their remedies, international courts contribute to the respect of international legality.

Although organizational citizenship behaviors toward individuals (OCB-I) have been studied over decades, the beneficiary side of OCB-I has been understudied. The co-existing and interactive possibility of benefactor OCB-I and beneficiary OCB-I within individuals has been ignored. Therefore, this research adopted a person-centered approach and examined different profiles of benefactor OCB-I and beneficiary OCB-I on the basis of Grant’s (2013) theory. Results from Study 1 data (cross-sectional data) and Study 2 data (multiple waves of data) revealed the three profile groups: vigorous (high benefactor OCB-I and high beneficiary OCB-I), moderate (moderate benefactor OCB-I and moderate beneficiary OCB-I), and passive OCB-I groups (low benefactor OCB-I and low beneficiary OCB-I). Also, the three profiles were significantly differentiated by positive affect, other-oriented empathy, task interdependence, and job satisfaction. Furthermore, the vigorous OCB-I group showed the lowest psychological strain while the passive OCB-I group showed the lowest physical strain. The results offer theoretical implications for Grant’s (2013) theory, OCB-I and employee health research, and equity theory in comparison to conservation of resources theory. In addition, practical implications for enhancing employee health are discussed.

The research was directed at assessing the strengths and weaknesses in the application-to-approval process of social grants up to the payment of social grants at pay-points in the South African Social Security Agency (hereafter SASSA). The general aim of the research project was to assess the application-to-approval process of grant administration in SASSA up to the payment of social grants at pay-points. The specific objectives of the study were therefore: * To describe the current application-to-approval process of grant administration; * To assess the strengths and weaknesses in the grant administration process of specified administrative procedures and structural issues as perceived by attesting officials (front-line staff responsible for taking down the grant applications), data-capturer officials (staff responsible for capturing the information on the application form onto the SOCPEN system, pay-point team members (staff responsible for rendering services at pay-points) and beneficiaries at pay-points; and * To provide a report on the strengths and weaknesses of the grant administration process from application to pay-out to the top management of SASSA. The study was conducted in two regions, namely the Northern Cape and the Western Cape. Various offices in the Northern Cape and the Western Cape were therefore part of the research. The grant administration process from application-to-approval includes various stages. The staff members include the screening official (step one) who checks the completeness of the required documentation, followed by attesting official (step two) who takes down the application and captures it on SOCPEN and then forwards it to the next level, namely quality control (step three). Thereafter a verifying official verifies the information captured on SOCPEN against documentation submitted and approves or rejects the application on SOCPEN (step four). Staff at pay-points (where beneficiaries receive their payments) and beneficiaries at pay-points were also part of the research focus. Four different data-collection instruments were therefore used during the research project. The first data-collection instrument was designed to collect data on the actual grant application process and problems and strengths in this regard (questionnaire front-line staff). The empirical investigation revealed the following with regard to the front-line staff: * The majority of front-line staff have considerable working experience (more than five years) in SASSA; * The majority of front-line staff have inadequate work space; * Training, supervision and mentoring support from supervisors and colleagues occurs haphazardly; * The majority of front-line staff receive between 11-29 applications per day and spent 30 minutes or less to take down an application; * Policy documents that regulate the implementation of new policy changes are not always available; * Grant application files get misplaced or lost after processing; * Staff carelessness is one of the main reasons why files get lost or misplaced and * Front-line staff experience technical difficulties with the computer on a regular basis and it takes one to three days to resolve technical difficulties. The second data-collection instrument was developed to collect data on the capturing of the application (questionnaire data-capturer) onto the SOCPEN system. The empirical investigation revealed the following with regard to data-capturers: * The majority of data-capturers have solid work experience as data-capturers in SASSA although some data-capturers have inadequate work space; * Training on the implementation of new policy changes occurs irregularly; * Supervision, mentoring and support from supervisors happen haphazardly; * Data-capturers receive between 20 and 29 applications per day and they capture all applications successfully; * Data-capturers receive support from colleagues on a more regular basis than from supervisors; * Documents or guidelines that regulate the implementation of policy changes are not always available in the work place; * Applications sometimes get misplaced or lost after capturing; * No proper mechanisms are in place to record the movement of files, staff carelessness and either lack of office space or filing space, are the main reasons why applications get lost or misplaced; * Data-capturers sometimes experience technical problems with computers and it takes one to less than five days to resolve technical difficulties; * Data-capturers receive sometimes incomplete applications from the attesting officials (those staff officials who are responsible for taking down the application) and they usually take such applications back to the first attesting officer; * Backlogs in the capturing and approving of normal applications exist and staff shortages and system-related problems are the main reasons why backlogs exist; * Backlogs exist with regard to the capturing and approving of review cases and * Staff shortages, a centralized review management approach, lack of office space and lack of connectivity points constitute the main reasons why review backlogs exist. The third data-collection instrument (questionnaire pay-point team member) was developed to measure services at pay-points and to determine the problems experienced at pay-points. The empirical investigation revealed the following with regard to this category as seen by pay-point team members: * Some pay-points are not disabled-friendly; * There are not always enough chairs, toilet facilities or drinking water available at pay-points; * Payment contractors and SASSA staff sometimes arrive late at pay-points; * Payments are usually delayed between 15 minutes to less than an hour, but beneficiaries are not always informed about delays; * There are sometimes broken machines at pay-points and this causes 15 to 45 minutes delay in payments; * There is not always enough money at pay-points and it takes an hour to just under two hours to get more money; * Grant recipients hardly ever receive wrong grant amounts; * Hawkers and vendors operate mainly outside the pay-point; * Security guards are available at pay-points and there is access control at pay-points (mainly driven by security guards from the payment contractor) * Not all pay-points are fenced all round and * First Aid kits are available at pay-points most of the time. The fourth data-collection instrument (questionnaire for beneficiaries) was developed to target the beneficiaries who receive grant payments at pay-points. The empirical investigation revealed the following: * Some pay-points are not disabled-friendly; * There are not always enough chairs, toilet facilities or drinking water available at pay-points; * Payment contractors and SASSA staff sometimes arrive late at pay-points; * Payments are usually delayed between 15 minutes to less than an hour, but beneficiaries are not always informed about delays; * There are sometimes broken machines at pay-points and this causes 15 to 45 minutes‟ delay in payments; * There is not always enough money at pay-points and it takes an hour to less than two hours to get more money; * Grant recipients rarely receive wrong grant amounts; * Hawkers and vendors operate mainly outside the pay-point, but there are exceptional cases where they operate inside the pay-points; * Beneficiaries do feel safe at pay-points most of the time; * Beneficiaries mostly live within walking distance from the pay-point; * Beneficiaries hardly experience problems at pay-points and if they do, their problems get resolved; * Not all pay-points provide shelter from the elements; * Beneficiaries are satisfied with the services SASSA renders and the grant has improved their quality of life. Grant administration processes in SASSA are labour-intensive and officials play a vital role in the correct administration of social grants. The study has revealed that although there is clearly some strength in the grant administration process from application-to-approval up the payment of social grants at pay-points, it is unfortunately true that the weaknesses are overwhelming. / Thesis (PhD (Social Work))--North-West University, Potchefstroom Campus, 2013