Univ., Diss.--Aix-Marseille, 2005.

The aim of this research is to investigate the implications of unfair dismissal within the boundaries of Omani labour law with particular relevance to the role of Shari’a. Shari’a itself does not provide a legal code, contract law, or a law of tort as yet but it does provide examples of applicable rules, supported with analogies, to deal with employment. The basic principles of forming a contract in Omani Commercial Law; English Law and Shari’a are similar; however, they differ in application. Likewise, the principles of the employment contract are similar with a few differences being seen in implementation; specifically with regards to unfair dismissal issues. This research used a qualitative approach that has enabled the generation and analysis of data from multiple sources including literature review, semi-structured interviews, court cases, Shari’a implied employment contract principles as found in the Qur’an, the Sunnah and relevant Islamic texts. The research shows that the main reasons for employee dismissal can be categorised into: poor performance, disobedience regarding the contractual rules and regulations, absenteeism, aggressive behaviour and an extreme critical attitude in the work-place. From the employee’s perspective, the main reasons for filing cases at Oman Courts were to seek justice, to obtain fair compensation or to highlight the moral values that form the Islamic code of practice. In contrast the employers considered seeking financial gain and revenge as the motivating factors for employees for filing court cases. There obviously is a mismatch to the reasons by each side and the key findings from this research suggest that there is a modest impact of the legal aspects of Shari’a on the Omani Law of Contract and the Employment Law though it is normally conceived by the public that Shari’a is the fundamental law that governs all aspects of muslim life. There needs to be an overwhelming expectation and requirement to develop procedures in the Omani Employment Law that expedite the process of dealing with dismissal cases and the propositions of establishing an arbitration committee may seem to be a way forward. In addition, the establishment of a Labour Court is paramount as at present the employment cases are heard in the Commercial Courts. This will align with the approach taken in the English system where the Employment Tribunals and the Employment Appeal Tribunal oversee cases and minimize delays in achieving justice. There is also a strong argument that there needs to be a review of Article 40/35/2003 that deals with employer rights to dismiss the worker without prior notice in order to establish a solid foundation for justice in the Sultanate of Oman. Unfair dismissal is a phenomenon that impacts on the employee, the employer, the employee’s wider family network and society. This study provides an in-depth understanding and insight into these impacts and into the capacity of Shari’a impact to address modern employment issues in relation to the labour laws and secular laws being used in Oman today.

The topic of this thesis is legal transplants in China since 1978. The first part is devoted to a presentation of contextual elements of Chinese Law, with a critical discussion of various theories of legal transplants, including the most recent Chinese scholarship on this topic. The second part contrasts the influence, on the Chinese legal reforms, of the continental (or civilian) legal tradition with that of the common law. To this end, the author uses a study of the reception of the bona fide principle and of the fairness principle in The Contract Law of the People's Republic of China, with a discussion of the future Chinese Civil Code. The common law's influence, in the same law, is then presented with a focus on the doctrines of anticipatory breach and indirect agency. In the end, the author explains why the civilian legal tradition will remain the dominant, but not exclusive, model on Chinese legal reforms.

Analysing the financial fate of the surviving spouse in French and Ontario law reveals him or her to be both a partner and an heir. The patrimonial union between the spouses is indeed a partnership which is terminated by the death of one spouse. Moreover, marriage introduces each spouse into his or her partner's family for the purposes of succession. The dual character of status of the surviving spouse is the basis of the argument, advanced in this thesis, that this duality represents an important commonality between the French and Ontario legal systems, notwithstanding the disparities between the two. One of these disparities is the surviving spouse's obligation, in Ontario, to choose between his or her matrimonial and inheritance rights, except when the deceased has expressly provided that he or she would not have to make this choice. Thus, while French law permits the surviving spouse to deduct the amount of his or her inheritance portion from the deceased's assets, even once the financial benefits of the marital partnership have been apportioned, Ontario law seems to be unable to distinguish between the partition of the marital partnership and the deceased's succession. After examining, in particular, the surviving spouse's rights pursuant to mandatory and suppletive rules of law, from the twin perspectives of spouse and heir, the thesis explores some examples of the tools used by spouses for estate planning. In particular, marriage contracts and life-insurance can dramatically affect, for better or worse, the fate of the surviving spouse.

The aim of this thesis is to identify how a social citizenship for people with disabilities is shaped bythe normative structures in the Swedish, Danish and Norwegian law governing their right to transportin everyday life. The thesis deals with three types of transport provided by the public to private individuals: transport services, car allowances, and cash benefits for reimbursing transport costs forpeople with disabilities. For each provision, the focus of the study is directed by the followingquestions: – Is there a rights/duties relationship between the public and the individual? Who is eligible forprovision? How does public funding impact entitlement? Who is obliged to provide? What are thelegal guarantees for entitlement? Despite objectives within Nordic law and policy that people with disabilities should be compensated for their impairments, and allowed to lead independent and autonomous lives, the results from the thesis show that the various transport provisions do not fully realize this. The legal relations between the public and those with needs for transport in their everyday lives are characterized by control, scrutiny and questioning. In order to protect the public budgets from costs, the eligibility criteria in the law are so constructed as to ensure that only certain needs for transport, and only some impairments, can meet them. The national, regional and municipal governments, and the administrative courts, subject people with disabilities to intrusive inquiries regarding personal details and other circumstances in their lives, in order to be able to judge which needs for transport are to be considered legitimate and which are not. The thesis shows that the individual rights to, especially, Swedish and Norwegian transport provisions are poorly protected against political decisions to cut funding. Local and regional self-governance isan interest that always competes with individual legal rights and make them weaker, irrespective of whether these rights can be appealed in administrative courts. The conclusion in the thesis highlights how a social citizenship is shaped in the law governing the right to transport for people with disabilities, and that this social citizenship does not reinforce independence and individual autonomy for those who are dependent on the various provisions tomeet their needs for transport in their everyday lives.

Die Konferenz „International Conference for the 10th Anniversary of the Institute of Comparative Law” hat am 24. Mai 2013 in Szeged stattgefunden. Im Rahmen der viersprachigen Konferenz haben mehr als dreißig Teilnehmer ihre Forschungsergebnisse präsentiert. Der Essay von Zoltán Péteri blickt auf die Disziplin aus der Perspektive der Wissenschaftsgeschichte. Katalin Kelemen und Balázs Fekete gehen in ihrem Aufsatz der Frage nach, welchen Weg die Versuche der Klassifikation der Rechtssysteme von Osteuropa in der späten Phase der Umbrüche der 1980/90er Jahren genommen haben. Die historische Betrachtungsweise mit Bezug auf Rechtsgeschichte und Rechtsvergleichung spiegelt sich auch in anderen Essays wider, vor allem in den Aufsätzen von Szilvia Bató, Magdolna Gedeon und Béla Szabó P. sowie auch in den Aufsätzen von Péter Mezei und Tünde Szűcs. Attila Badó analysiert die Rechtsvergleichung aus der Sicht des Rechts, der Soziologie und der Politikwissenschaft anhand von Untersuchungen über das Sanktionsystem der Richter in den USA. Diese politikwissenschaftliche Seite wird auch in den Aufsätzen über die aktuellen Fragen der europäischen Integration von Carine Guemar und Laureline Congnard betont. Eine Reihe von Aufsätzen behandeln die konventionelle normative Komparatistik auf dem Gebiet des Verfassungsrechts (Jordane Arlettaz und Péter Kruzslicz), Gesellschaftsrechts (Kitti Bakos-Kovács), Urheberrechts (Dóra Hajdú) und Steuerrechts (Judit Jacsó). Daneben bilden eine weitere Gruppe die Aufsätze von János Bóka und Erzsébet Csatlós, die die Verwendung der vergleichenden Methode in der Praxis der Rechtsprechung untersuchen. Die Rechtsvergleichung ist eine sich dynamisch entwickelnde Disziplin. Die Konferenz und dieser Band dienen nicht nur der Würdigung der bisherigen Arbeit des Instituts für Rechtsvergleichung, sondern zeigen gleichzeitig neue Ziele auf. Die wichtigsten Grundsätze bleiben aber fest verankert auch in einem sich stets verändernden rechtlichen und geistigen Umfeld. Das Motto des Instituts lautet „instruere et docere omnes qui edoceri desiderant“ – „alle lehren, die lernen wollen.“ Auch in den folgenden Jahrzehnten werden uns der Wille des Lernens und Lehrens, die Freiheit der Forschung sowie die Übertragung und Weiterentwicklung der ungarischen wie globalen Rechtskultur leiten.

Also issued as thesis, Paris, 1933. / [Full name: Jean Louis Marie Joseph Moreau-Reibel]. Bibliography: p. [ix]-xii.

Submitted by Felipe Assis de Castro Alves Nakamoto (felipe.acan@gmail.com) on 2018-01-18T11:34:14Z No. of bitstreams: 1 A RESPONSABILIDADE PRÉ-CONTRATUAL _ ANÁLISE JURÍDICA DO ROMPIMENTO DAS NEGOCIAÇÕES NO BRASIL, NA ALEMANHA E NA INGLATERRA (versão final).pdf: 884367 bytes, checksum: e21fb3b27e98ff5f791fe9b3e3337c70 (MD5) / Approved for entry into archive by Laura Odette Dorta Jardim null (laura@franca.unesp.br) on 2018-01-18T11:54:16Z (GMT) No. of bitstreams: 1 A RESPONSABILIDADE PRÉ-CONTRATUAL _ ANÁLISE JURÍDICA DO ROMPIMENTO DAS NEGOCIAÇÕES NO BRASIL, NA ALEMANHA E NA INGLATERRA (versão final).pdf: 884367 bytes, checksum: e21fb3b27e98ff5f791fe9b3e3337c70 (MD5) / Made available in DSpace on 2018-01-18T11:54:16Z (GMT). No. of bitstreams: 1 A RESPONSABILIDADE PRÉ-CONTRATUAL _ ANÁLISE JURÍDICA DO ROMPIMENTO DAS NEGOCIAÇÕES NO BRASIL, NA ALEMANHA E NA INGLATERRA (versão final).pdf: 884367 bytes, checksum: e21fb3b27e98ff5f791fe9b3e3337c70 (MD5) Previous issue date: 2017-11-08 / O presente trabalho tem como objetivo analisar as consequências jurídicas da responsabilidade pré-contratual, sobretudo aquelas decorrentes da ruptura de negociações. Para tanto, empregou-se a metodologia comparada, uma vez que a figura da responsabilidade pré-contratual é oriunda da Alemanha e lá também encontrou grande desenvolvimento. Como ponto de contraste, elegeu-se a análise do sistema jurídico inglês que, por conta de sua peculiaridade sistemática – common law – e por razões filosófico-econômicas não prevê a responsabilização por danos decorrentes do período negocial em uma figura unitária, tal como ocorre na Alemanha. No Brasil, a discussão centra-se na natureza jurídica e na divergência suscitada tanto pela doutrina quanto pela jurisprudência, fato de dificulta seu entendimento e impõe a superação de alguns conceitos clássicos, de modo a conformar o mundo jurídico à adequada proteção das relações sociais. Dessa forma, estribado na boa-fé objetiva, o Brasil desenvolve uma responsabilização pré-contratual distinta da Alemanha, com muitos traços de responsabilidade extracontratual. Espera-se, portanto, colaborar com o debate acerca de tão tumultuada figura que é a responsabilidade pré-contratual brasileira. / The objective of this study is to analyze the legal consequences of precontractual liability, especially those resulting from the rupture of negotiations. For this, the use of comparative methodology was employed, since the idea of precontractual responsibility comes from Germany and there found great development. As a point of contrast, we chose to analyze the English legal system which, because of its systematic peculiarity - common law - and for philosophical-economic reasons does not have a unitary remedy for damages stemming from liability on the negotiations period, such as occurs in Germany. In Brazil, the discussion focuses on the legal nature and divergence raised by both doctrine and jurisprudence, which makes difficult to understand the concept of precontractual liability and imposes the duty to overcome some classic concepts, in order to adapt the legal world to the adequate protection of social relations. Thus, based on objective good faith, Brazil develops a precontractual liability distinct from Germany, with many traits of extra-contractual liability. It is hoped, therefore, to cooperate with the debate about such a tumultuous solution which is the Brazilian precontractual liability.

The present dissertation deals with selected questions arising in the course of the application of choice of law rules and of the foreign law designated on the basis thereof. In this context, the dissertation analyzes general issues connected to the selected questions and then compares the possible solutions as implemented in Czech law, EU law and in selected foreign laws. As far as Czech law is concerned, attention is also paid to its historical development; the same is true about some of the foreign laws discussed in the dissertation. The dissertation focuses on selected wording and interpretation difficulties that used to arise and still arise in the context of particular legal instruments. First, two basic hypotheses are set out; their verification is one of the aims of the dissertation. The first is the question of whether the doctrine of choice of law rules represents a self- contained and self-sufficient system that - at least on a theoretical level - offers answers to all questions arising in the context of the application of choice of law rules. The second is the question of whether the concept of a bilateral choice of law rule, as commonly implemented today, facilitates international private law interaction and is - at least on a general level - a suitable way of governing international private...

Business opportunities are a chance for a company to grow its activity and to further the aggregate welfare of the society as a whole. Corporate opportunities rules and their functional equivalents should enable companies to develop their business activities when directors discover those business opportunities. Companies need to be certain that they can legally appropriate those business opportunities. A company should have this ability when it is the best potential exploiter of the opportunity at issue, which is likely when the opportunity is a chance to expand the company's line of business or to pursue vertical integration. In fact, a company's appropriation of new business opportunities justifies a company's sunk costs that stem from its specific investments. Hence, the tests adopted for identifying corporate opportunities in US (Delaware), German (line of business test), UK, French, Spanish and Italian corporate laws (interest test) reflect the need to further efficiency by way of diminishing hold-up costs. Remedies against misappropriations of corporate opportunities by directors should both pursue maximum disclosure of new corporate opportunities by directors and preserve the possibility of alternative allocations of a corporate opportunity, when a company's director can exploit the opportunity more efficiently than the company. Such an alternative allocation may occur through negotiation or through efficient breach of duty. It is suggested that a differential remedial system (higher sanctions for breach of duty following non-disclosure) would maximize both disclosure and efficient allocation. This approach is closer to the one that exists in Anglo-American law than to the one adopted in most civil law jurisdictions. The present differences in various corporate laws may be connected to the existence of institutional complementarities, which should be taken into account in future reforms.