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This diploma thesis examines evaluation of damages according to the law Nr. 221/2006. Industrial rights, whose damages are enforced according to the law Nr. 221/2006, are described. Analysis of laws and judicial decisions in relation to the enforcement of damages and analysis of the law Nr. 221/2006 are made. The thesis examines sequences, important problems and aspects in relation to each method of the evaluation of damages. At the end of the thesis a study of a hypotetical case is carried out to show basic solutions of problems with the evaluation of damages.

One aspect of the international problem of marine pollution is pollution by ships. As an international problem, pollution by ships demands action at a level above the national. Many international agreements have been reached, but this thesis argues that a comprehensive liability regime is now necessary. To find the principles upon which such a liability regime should be based, decisions of international tribunals, acts of state practice, and existing conventional arrangements are canvassed. "Reasonableness" is found to be the central characteristic, and is given more specific meaning through the survey. A convention is proposed in general outline only, but a regional framework is suggested, and principles on which to base the convention are summarized. / Law, Peter A. Allard School of / Graduate

A tese oferece uma contribuição para a leitura do dano moral pela perda de uma chance (DMPC) no ordenamento jurídico brasileiro, a partir de onze acórdãos do Tribunal Regional do Trabalho da 4ª Região. O problema de pesquisa, assim, desdobra-se: (a) Qual é a interpretação de DMPC construído a partir da leitura da norma, da doutrina e da jurisprudência? (b) Qual é a interpretação de DMPC que se constrói pela leitura de acórdãos do TRT4? e (c) Para os Desembargadores, quais são os elementos caracterizadores do DMPC a partir dos acórdãos? O objetivo geral da tese é analisar o conceito de DMPC na sua leitura/interpretação, a partir da estrutura dos argumentos utilizados nos acórdãos. Os objetivos específicos são a identificação das condições de produção e a forma discursiva dos acórdãos; a análise das pistas linguísticas e dos argumentos mais fortes apresentados pelos Desembargadores e como eles guiam o leitor para a sua compreensão; e a análise da justificativa dos enunciados nos acórdãos. Situa-se a questão sobre o DMPC através de autores como Higa (2012); Martins-Costa (2014) e Savi (2012), para, na sequência, ser apresentada a possibilidade de interpretação desse dano, com base na Nova Retórica de Perelman e Olbrechts-Tyteca ([1988] 2005), viabilizando uma leitura a partir do ambiente sociocultural no qual o sistema jurídico está inserido, focalizando a influência que questões valorativas exercem sobre ele. Trata-se de uma pesquisa interdisciplinar de Estudo de Caso, que demonstra o uso reiterado dos argumentos baseados na estrutura do real (ABER), de ligação de sucessão, das espécies pragmático e de autoridade; dos argumentos quase lógicos (AQL) por meio de uma identidade completa da definição normativa; e os argumentos de ligação que fundamentam a estrutura do real (ALFER), por meio do recurso ao caso particular (exemplo). Os elementos destacados pelos Desembargadores para caracterizar o DMPC, a partir da leitura dos acórdãos são: a conduta de terceiro (ato ilícito), que interfira na certeza de probabilidade de obter um lucro ou evitar um prejuízo de alguém e a frustração pela perda de uma concreta e real probabilidade de vantagem, preocupando-se com o respeito à dignidade da pessoa humana. / The thesis offers a contribution to the reading of moral damages for the loss of a chance (MDLC) in the Brazilian legal system, from eleven judgments of the Regional Labor Court of the 4th Region (TRT4). The research problem thus unfolds: (a) What is the interpretation of MDLC built from the reading of the standard, the doctrine and the jurisprudence? (b) What is the interpretation of MDLC which is constructed by the reading of judgments of TRT4? and (c) for the Judges, what are the features which characterize the MDLC from the judgments? The overall aim of the thesis is to analyze the concept of MDLC in its reading/interpretation from the structure of the arguments used in the judgments. The specific objectives are the identification of the conditions of production and the discursive form of the judgments; the analysis of linguistic clues and the strongest arguments presented by the Judges and how they guide the reader to their understanding; and the analysis of the justification of the statements in the judgments. It lies the question of MDLC by authors such as Higa (2012); Martins-Costa (2014) and Savi (2012), in order to, then, present the possibility of interpretation of such damage based on the New Rhetoric of Perelman and Olbrechts-Tyteca ([1988] 2005), enabling a reading from the socio-cultural environment in which the legal system is inserted, focusing on the influence that evaluative questions have on it. It is an interdisciplinary research of Case Study which demonstrates the repeated use of arguments based on the actual structure (ABBAS), on relations of succession, on pragmatic and authority species; use of quasi-logical arguments (QLA), by the means of a full identity of the rule-based definition; and of liaison arguments underlying the real structure (LAURS) through the use of the particular case (example). The elements highlighted by the Judges to characterize the MDLC based on the reading of the judgments are: a third-party conduct (tort), which interferes with certain probability of making a profit or avoid a loss of someone and frustration over the loss of a concrete and real likelihood of advantage, concerning about the respect for the human dignity.

The main goal of this thesis was to design and implement a application that would be able to generate fingerprint damage into a synthetic fingerprint. The application can create fingerprint images damaged by pressure, moisture and skin disease dyshidrosis with different intensity of damage. The application also allows annotation of the generated damage and its export. Selected damages were analyzed before the design was created. A database of fingerprints from five users was created to analyze the damage caused by pressure and moisture. The generated images and the achieved results are tested with VeriFinger and FiQiVi. For testing, 19 sets with fingerprints of different intensity and different type of damage were created. Experiments showed that the quality of the fingerprint decreased the most during the generation of moisture with the highest intensity of damage, where the quality decreased by 61.8 %. This thesis can be used for further research in the field of biometric fingerprint processing.

An interim measure is a procedural institute, which aims to prevent possible negative consequences to the legal sphere of the applicant in case he would not be able to exercise his rights until the court's final decision is made. This is a frequently used procedural institute, which can ensure a quick but only temporary adjustment of the conditions of the participants in the legal proceedings. The author divided the thesis into three chapters. In the first chapter, the author deals with the concept of interim measures, its nature and the distinction of different types of interim measures. To understand the meaning of interim measures, the author focused in the second part of this chapter on the historical development of interim measures. The second chapter is most crucial because it focuses on the interim measures in Civil Code Procedure. The legal regulation of the general interim measures can be used for special interim measures as an alternative to their regulation in Special Court Proceedings. The author dealt in detail with all aspects of general interim measures, in particular the general preconditions for ordering interim measures, the procedural process from the filing of the application to the issue of the decision and the possibility to appeal against the decision. In the third chapter,...

An interim measure is a procedural institute, which aims to prevent possible negative consequences to the legal sphere of the applicant in case he would not be able to exercise his rights until the court's final decision is made. This is a frequently used procedural institute, which can ensure a quick but only temporary adjustment of the conditions of the participants in the legal proceedings. The author divided the thesis into three chapters. In the first chapter, the author deals with the concept of interim measures, its nature and the distinction of different types of interim measures. To understand the meaning of interim measures, the author focused in the second part of this chapter on the historical development of interim measures. The second chapter is most crucial because it focuses on the interim measures in Civil Code Procedure. The legal regulation of the general interim measures can be used for special interim measures as an alternative to their regulation in Special Court Proceedings. The author dealt in detail with all aspects of general interim measures, in particular the general preconditions for ordering interim measures, the procedural process from the filing of the application to the issue of the decision and the possibility to appeal against the decision. In the third chapter,...

Swimming pools constructed with reinforced concrete require a high level of expertise within both, its planning and execution. To build waterproof concrete shells, extensive concrete technology knowledge, detailed planning of joint formation and high quality safety measures are needed. This thesis evaluates concrete technology features for swimming pool construction in Germany and Sweden. In particular, guidelines by DafStb, DIN and DgfdB provide the planner with detailed advice and specifics about swimming pools. It also gives an overview about the actual condition of swimming pools in Sweden that reached an age of at least 30 years and shows structural consequences of mistakes in planning and construction of swimming pools. The aspect of financial consequences is also analyzed. With the support of the software “Legep”, the methodology of LCC was used to estimate costs in the future. Additionally, a proposal of post tensioned concrete as a more sustainable technology for watertight concrete basins is shown and under equal aspects analyzed and compared.

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Stock market event studies are often used to estimate the impact of an unanticipated event on stock returns of a company. Traditionally, these analyses focus on developing estimates of abnormal returns attributed to the event or some measure of post-event loss in shareholder value. In 1989 Mark Mitchell used an event study to estimate the impact of the 1982 Tylenol poisonings on Johnson & Johnson's share returns. Mark Mitchell was able to demonstrate that (1) Johnson & Johnson share returns were significantly impacted by the poisonings, and (2) such an impact translated, at least in part, to a depreciation of brand name capital. This study sets forth the basic framework of Mark Mitchell's 1989 analysis and wherever appropriate, provides possible alternatives to his methodologies. Using several alternative approaches including, but not necessarily limited to, consideration of the incremental values associated with the Tylenol brand name, cost to develop the brand, alternative market factors, and changes in income streams I compare changes in brand value to brand name capital depreciation estimated by Mitchell. In some instances the aforementioned approaches are used in conjunction with aspects of Mitchell's methodology. The results tend to provide more accurate estimates of the loss in brand value possibly associated with the 1982 poisonings. / Master of Arts