The thesis in the first part examines the notion of risk and describes the process of risk management with emphasis on the identification of emerging threats to civil aviation and on the adoption of new risk handling techniques. / In the second part, the role of law into the airlines' management regime is examined especially in the light of two prima facie conflicting trends: liberalization of market access and increased State involvement in war risk, safety and security issues. Furthermore, the contractual and tortious/delictual exposures of airlines are being scrutinized and the ways to handle them are being analyzed. / The main objectives are (i) to demonstrate that risk management is not restricted to insurance, but involves a number of techniques and procedures that have the potential not only to minimize risk but also to turn risk into opportunity and value and (ii) to identify the role of law as a management tool in the oncoming liberalized aviation environment.

[Truncated abstract] “Open Skies” is the term given to a relatively recent (1992) policy initiative of the United States in its pursuit of the deregulation of international air transportation. It represents the latest in a long line of similar initiatives which the U.S. has been pursuing almost since the inception of the aviation industry. Essentially “Open Skies” is little more than a specific type of bilateral aviation agreement between two nations (and often between more than two nations) which typically provides for open entry on routes, unrestricted capacity and frequency on routes, and unrestricted air traffic rights. The significance of Open Skies agreements is that they appear to encapsulate general world-wide trends towards open economies characterised by a minimum of government interference and a maximum reliance on market forces to allocate scarce resources ... Australia however is not one of the nations seeking to become a party to such an agreement with the U.S. despite attempts by that nation to persuade Australia to do so and the question is: Can or should Australia resist attempts by the United States to bring it within the expanding umbrella of Open Skies, or are there other practical alternatives open to Australia? After examining the history of the development of Open Skies agreements and their international legal foundation, this thesis argues that there are strong considerations of policy and economics why Australia should embrace Open Skies initially at least on a regional basis centred in the Asia Pacific region, rather than with the United States. Implicit in that proposal is the fact that in terms of its constitutional and legal system, Australia has the legal capacity to enter into Open Skies agreements. The parties to such a regional Open Skies agreement might at a later date choose to enter into a multilateral Open Skies agreement with the United States, if economic and political conditions are suitable for them to do so. On the assumption that a form of Open Skies policy will eventually be adopted by Australia this thesis examines the constitutional and domestic legal regulatory framework for aviation within Australia, and the changes if any which would be required to it, if Australia was to embrace such a policy.

Thesis (Ph.D.)--University of Melbourne, Faculty of Law, 2006. / Typescript.

Zugl.: Marburg, Universiẗat, Diss., 2007. / Includes bibliographical references (p. [217]-236) and index.

The thesis explores whether, prior to the nineteenth century regime of legislative intervention which anglicised the law relating to contracts of sale for goods, the Scots common law underlying contracts of sale developed in a unitary fashion. Did the same principles apply regardless of whether the subject of the sale was corporeal moveable, corporeal immoveable or incorporeal? This question is analysed through a case study of the common law contractual implied warranty of soundness, and its application to the three types of property mentioned above. While this study does not provide a definitive answer on its own, it does give us a preliminary indication as to whether the law was unified or not. The thesis relies primarily on Scots case law and academic writings, employing historical and doctrinal methodologies. The study is supplemented by comparative law from France, Germany, South Africa and England. Roman law, and the works certain Ius Commune writers, are also referenced. The thesis can be divided into four parts. The first part explores whether academic texts on the contract of sale dating prior to the legislative intervention took a unified approach in their discussion. This establishes whether scholars from this period viewed the contract of sale as unified; and aids the analysis in subsequent chapters. The second part examines the warranty’s substantive framework in the context of its development, in the eighteenth and nineteenth centuries, through case law featuring corporeal moveable property. The third part looks at the warranty’s use in contracts of sale for corporeal immoveable property. Here, I establish that: 1) there was no consensus as to whether or not the warranty applied to this type of property; and 2) the warranty was not utilised by buyers of this type of property in practice. I identify a combination of factors which prevented buyers of latently defective corporeal immoveable property from invoking the warranty. The final part of the thesis examines the warranty’s actual and theoretical application to contracts of sale for incorporeal property. It establishes that the warranty would be relevant to some, but not all, types of incorporeal property.

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.

No description available.

Made available in DSpace on 2014-06-11T19:24:14Z (GMT). No. of bitstreams: 0 Previous issue date: 2003Bitstream added on 2014-06-13T19:10:37Z : No. of bitstreams: 1 rezende_jc_me_fran.pdf: 943078 bytes, checksum: 0344689a261c209978a4628506183ff4 (MD5) / A informática propiciou um processo de evolução jamais presenciado pela humanidade. Neste contexto evolutivo, propõe-se neste trabalho a análise da substituição dos documentos em papel pelo suporte informático, fenômeno esse que a doutrina jurídica denominou de desmaterialização dos documentos, colocando em discussão o direito cambiário, especialmente os títulos de crédito. Esta descartularização causou mudanças profundas na duplicata, principal título de crédito do direito brasileiro, pois sem a materialização do documento, não se pode falar em título. Outra questão colocada diante desse fenômeno de desmaterialização está relacionado ao direito de crédito em caso de inadimplemento. Na procura de uma resposta para esta indagação será analisada a execução da duplicata virtual; o protesto por indicação via boleto bancário; a prova da entrega da mercadoria e do recebimento; e a recusa do aceite. / The computer science propitiated an evolution process never witnessed by humanity. In this evolutionary context, this paper intends to analise the replacement of documents in paper for the computing support, phenomenon which the juridical doctrine denominated de-materialization of documents, putting in discussion the exchange rights, especially the securities. This phenomenon caused deep changes in the trade note, that is the main security of the Brasilian Law, because without the materialization of documents one cannot speak of securities. Another subject which lies along with that de-materialization phenomenon is related to the right of credit in case of default on payments. In search for an answer to this inquiry, the execution of the virtual trade note will be analised; the protest for indication through bank ticket; the proof of delivery of merchandise and of reception; and the refusal of its acceptance.

Orientador: Luiz Antônio Soares Hentz / Banca: Paulo Roberto Colombo Arnoldi / Banca: Gustavo Saad Diniz / Resumo: No final do século XIX, com a crise do liberalismo, o Estado passou a interferir na esfera econômica, antes legada à sorte do próprio mercado, inclusive através da criação de empresas estatais. Empresa Estatal é o gênero, do qual fazem parte as espécies empresas públicas, sociedades de economia mista e outras empresas que, não tendo as características da empresas públicas ou sociedades de economia mista, estão submetidas ao controle do Governo. Elas são pessoas jurídicas de direito privado que podem explorar atividade econômica ou prestar determinado serviço público. A recuperação judicial de empresas, inspirada da Reorganization do direito americano, foi introduzida no ordenamento jurídico brasileiro com a Lei nº11.101/2005, com o objetivo de permitir que empresas em situações de crise econômico-financeira possam ser saneadas e continuem em funcionamento, evitando a liquidação definitiva das mesmas. O art. 2º, inciso I, da Lei nº 11.101/2005 exclui as empresas estatais e sociedades de economia mista do seu âmbito de aplicação. Este dispositivo é inconstitucional, pois afronta a previsão do inciso II, do parágrafo 1º do art. 173 da Constituição Federal, que determina que as empresas públicas e sociedades de economia mista que exploram atividade econômica estejam sujeitas ao regime jurídico próprio das empresas privadas, inclusive quanto às obrigações comerciais. Assim, as sociedades de economia mista que exploram atividade econômica em regime de concorrência com a iniciativa privada podem se submeter à sistemática de recuperação de empresas prevista na Lei nº 11.101/2005. Para solucionar as incompatibilidades existentes entre a sistemática da Lei nº 11.101/2005 e as especificidades da sociedade de economia mista, deve ser criada uma lei específica para tratar do assunto / Abstract: In the late nineteenth century, with the crisis of liberalism, the state began to intervene in the economic sphere, the sort of legacy before the market itself, including through the establishment of state enterprises. State Company is the genus, the species which includes public companies, joint stock companies and other companies, not having the characteristics of public enterprises or joint stock companies, are subject to government control. They are legal entities under private law that can exploit economic activity or provide certain public service. The Reorganization of Companies, inspired by the Reorganization of American law, was introduced into the Brazilian legal system with the Law No. 11.101/2005, in order to allow companies in situations of economic or financial crisis can be reorganized and remain in operation, avoiding the final settlement thereof. Art. 2, paragraph I, of Law No. 11.101/2005 excludes state-owned enterprises and joint stock companies in its scope. This device is unconstitutional because it confronts the forecast section II, paragraph 1 of Art. 173 of the Federal Constitution, which stipulates that public companies and joint stock companies that explore economic activity are subject to special legal regime of private companies, including as to business obligations. Thus, joint stock companies that explore economic activity in competition with the private sector can undergo systematic Corporate Recovery under Law No. 11.101/2005. To resolve the incompatibility between the systematics of Law No. 11.101/2005 and specificities of the society of mixed economy, there should be a specific law to address the issue / Mestre

Made available in DSpace on 2014-06-11T19:29:45Z (GMT). No. of bitstreams: 0 Previous issue date: 2011-09-16Bitstream added on 2014-06-13T19:59:41Z : No. of bitstreams: 1 walker_pb_me_fran.pdf: 916390 bytes, checksum: dd6f211d77851ce987c15330df20af78 (MD5) / A presente dissertação busca contribuir para a solução de um problema relevante, qual seja, o curto prazo de duração das empresas familiares no Brasil. Trata-se de questão importante dada a posição relevante das empresas familiares na economia nacional. Diante desse problema, foram avaliados, sob o prisma do direito empresarial, os limites e as possibilidades de técnicas organizativas de poder de controle e dos princípios da governança corporativa no âmbito das empresas familiares, com o objetivo de possibilitar a sua perenidade e o incremento de sua atividade empresarial / This study seeks to contribute for the solution of a relevant issue, named the short term of the family business in Brazil. This is a relevant issue considering the high importance of the family business within the national economy. Towards this issue, there were analyzed, under a corporate law approach, the boundaries and possibilities of control's organizational techniques and corporate governance principles applicable to family business aiming to achieve its continuity and enhance its corporate activity