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  • About
  • The Global ETD Search service is a free service for researchers to find electronic theses and dissertations. This service is provided by the 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.
361

Fraudulent claims in commercial insurance law : a legal and economic analysis

Zheng, Rui January 2012 (has links)
Insurance fraud is perhaps one of the most pressing problems challenging the insurance industry. The judiciary plays a significant role in tackling insurance fraud: the burden is on their shoulders to identify the appropriate legal rules governing fraudulent claims and determining the consequences of fraud. However, regrettably, this process has long remained elusive and in the recent decades the courts have tried but failed to formulate clear principles for the treatment of insurance fraud, so the process is, still, continuing. This judicial process is not free from difficulty particularly with regard to the consequence of presenting fraudulent claims. The failure of judicial attempt to formulate clear principles in this jurisdiction has attracted the attention of the Law Commissions which intend to pursue a reform at the legislative level. At the current stage, the law seems to stand at a turning point and try to adapt itself to the new situation. The author is of the opinion that this is the right time to provide a full-scale research in the jurisdiction of insurance fraudulent claims for the purpose of identifying the existing difficulties and confusions, shaping the appropriate legal regime and contributing to the evolving reform process of English insurance contract law. The author is also of the opinion that considering the viability of reform proposals from a novel perspective, namely economics and law, might add a very interesting dimension to the debate. It is believed that the law and economics debate would be helpful in explaining the outcomes of certain legal solutions and identifying the most appropriate legal remedy. Finally, the author also intends to examine to what extent the Law Commissions' proposal could be defended in the light of author's legal and economic analysis.
362

中國商業法概要

LIANG, Guogiang, MA, Changyu 23 December 1949 (has links)
No description available.
363

Cases regarding sexual harassment within the Swedish working life

Wahlgren, Emilia January 2021 (has links)
Title: Cases regarding sexual harassment within the Swedish working life.Aim: The aim was to determine and analyze the applicable law, and cases, within the Swedish labor law regarding sexual harassment as a form of discrimination. Method: The jurisprudence method was applied, which consists of the traditional legal dogmatic method. Analysis: The findings derived from this thesis included ambiguities on the regulations of sexual harassment, albeit a clear understanding of how the burden of proof is applied was not one of them. The legal structure of sexual harassment does not appear to be satisfying theoretically. Among other things, two of its four prerequisites contradict one another; unwanted respective insight. According to the sources of law, the victim is the one who decides whether or not a perpetrator’s behavior towards her or him is unwanted. This, however, seem to contradict the obligation to demonstrate a reason to presume that the perpetrator has an insight that her or his behavior is unwanted – otherwise, the perpetrator’s behavior is not to be perceived as a form of discrimination from a legal perspective. Furthermore, the findings also revealed that cases prior to and after it became customary to telework exclusively from home, due to the ongoing pandemic, might be to the point of non-existence despite the era of the #metoo movement.
364

The role of alternative dispute resolution in consumer protection in Lesotho

Mokorosi, Mampoja Evelina January 2015 (has links)
Includes bibliographical references / The absence of appropriate and effective mechanisms for consumer disputes in a legal system can result in a denial of access to justice. Consumers struggle to have their disputes settled because most of their claims are of small value and some consumers are low-income earners. Costs of litigating a claim in the formal court system are very high and the procedural formalities involved hinder consumers‟access to justice. As a result, alternative dispute resolution (ADR) seems to address that challenge as an appropriate approach to consumer disputes because it promises cost effective, efficient and fast mechanisms of resolving disputes. The purpose of this study is to examine the role of alternative dispute resolution in Lesotho in consumer protection. This is achieved by examining the available dispute resolution processes and how they function. Also, this study makes a comparison with the South African law regulating consumer protection in particular dispute resolution. It discusses ADR in consumer protection at international level as contained in the OECD report and EU Directives. The problem that exists in the market place is that bargaining power favours the sellers. As a result there are laws in place that protect consumers against manipulative or fraudulent sellers, but those laws do not mean anything to consumers if they cannot be enforced through proper channels for their benefit. Therefore, there have been various ADR mechanisms adopted by different legal systems in order to assist consumers to fully realise their rights. Some of these ADR mechanisms might be appropriate for consumer disputes but are very advanced and are not appropriate for a country like Lesotho due to the nature of consumers there and the country‟s economy. Despite South Africa being more economically developed compared to Lesotho it has introduced some of the ADR procedures which are easy to establish and seem to be working well to address consumers‟ claims. As a result, this study would recommend Lesotho to amend its laws in relation to consumer dispute resolution and revise Consumer policy which has been adopted recently.
365

The burden of proof of the air cargo claimant under international law /

Salazar, Juan Carlos. January 1999 (has links)
No description available.
366

Islamic Fiqh and the contract of international carriage of passengers by air

Naji, Alaa A. January 2001 (has links)
No description available.
367

Development of civil aviation in Saudi Arabian Kingdom

Khalawi, Ahmed Y. January 1971 (has links)
No description available.
368

Automation in facilitation of air transport

Piera, Alejandro J. January 2000 (has links)
No description available.
369

The evolution of the provisions of the Warsaw Convention relating to the carriage of cargo.

Tobolewski, Aleksander. January 1976 (has links)
No description available.
370

The survival of the Warsaw system and the new Montreal convention governing certain rules for international carriage by air : are the conflicts solved?

González, Jeanny Romero January 2004 (has links)
No description available.

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