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A alienacao fiduciaria em garantia : um contrato tipico socialmente atipicoLourenco, Jose Augusto de Carvalho January 2010 (has links)
University of Macau / Faculty of Law
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The effect of customer satisfaction on consumer spending growth at different stages of the business cycleLiu, En-Chieh 21 June 2012 (has links)
This study investigates the effect of National American Customer Satisfaction Index (NACSI) to aggregate consumer spending at different stage of business cycle. In this paper we use the data from The National Bureau of Economic Research (NBER) to determine the recession term ,and we use EGARCH model to catch the asymmetric performance of aggregate consumer spending at different stage of business cycle.
In this study we found that when the economic is not in recession period, improvement in aggregate customer satisfaction have a positive impact on future changes in aggregate discretionary consumer spending. The growth in financial obligations ratio have a negative impact on future changes in aggregate discretionary consumer spending at whole business cycle. The growth in financial obligations ratio also attenuate the positive impact from customer satisfaction, and the effect become more strong in recession period.
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Default risk in bond and credit derivatives markets /Benkert, Christoph. January 1900 (has links)
Thesis (doctoral)--Universität, Frankfurt. / Includes bibliographical references (p. 131-135).
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A sensemaking perspective on the psycological contract formations during organisational socialisationMagang, Veronica Goitsemang January 2009 (has links)
The main aim of this thesis is to investigate the processes of the psychological contract during organisational socialisation. Research on psychological contract tends to focus more on the content and breach of the contract. Very little is known about the formative stages of the contract. Very little attention has also been given to investigating the psychological contract together with organisational socialisation. Linking the two research areas would further our understanding of both the dynamic nature of the psychological contract. This is achieved by investigating the temporal changes of the psychological contract of new employees, pre-entry up to six months post entry into employment. The research also investigates the psychological contract from the employer`s perspective. It utilises Weick`s (1995) sensemaking properties as a methodological framework to better understand these processes. Consistent with the research aim and objectives and social constructionism, a qualitative methodology was adopted. The research used in-depth semi structured interviews to collect data supplemented with sitting in during recruitment interviews in one of the organisations, and data were analysed using template analysis. Periodic interviews were carried out every four to six months post entry. The research consists of two organisations, where each provided two groups for analysis. The findings show that after entry into the organisation, the psychological contract changes in a variety of ways influenced by socialisation into the organisation. A model based on the findings is presented and discussed in the discussion chapter. The research also makes a contribution (methodology) by adopting the sensemaking framework.
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Draudėjo pareigų pagal draudimo sutartį pažeidimo teisinės pasekmės / Legal consequences of breach of the insured‘s obligations under an insurance contractDargis, Vytautas 09 July 2011 (has links)
Auganti draudimo rinka ir draudimo reikšmė visuomenėje verčia valstybę pradėti reguliuoti santykius tarp draudikų ir draudėjų. Valdžios institucijos siekia apriboti draudiko galimybes piktnaudžiauti savo pranašumu sutartiniuose santykiuose. Yra stengiamasi, kad draudimo išmokos būtų išmokamos kaip įmanoma dažniau. Pažymėtina, kad tam tikrais atvejais prioritetinis draudėjo teisių gynimas draudiko ir draudėjo ginčuose pasireiškia nepagrįstu draudimo apsaugos išplėtimu ir draudėjo nebaudžiamumu. Draudikai gali bandyti pasinaudoti draudėjų silpnumu. Draudikai sudarydami draudimo taisykles, dažnai įtraukia neaiškias ir klaidinančias sąlygas. Bando įtvirtinti draudėjo pareigas draudimo sutartyje tokiu būdu, kad jų pažeidimas sudarytų sąlygas taikyti griežčiausias pasekmes. Naudodamiesi draudėjo ribotu teisiniu išsilavinimu, draudikai aiškina teises normas sau naudinga linkme. Tokia draudėjo padėtis kelia susirūpinimą. Darbo objektas – draudėjo pareigų pagal draudimo sutartį pažeidimo teisinės pasekmės. Yra analizuojamos bendrų prievolinių pažeistų teisių gynybos būdų ir specialių draudimo teisėje įtvirtintų gynybos būdų ryšys, jų taikymo galimybės, draudėjui pažeidus sutartį. Nagrinėjamos už draudimo sutarties pažeidimą skiriamų sankcijų taikymo sąlygos ir jų griežtumo nustatymo kriterijai. Draudimo sutarties pažeidimo teisinės pasekmės turi būti subalansuotas. Iš vienos pusės, jis turi sudaryti galimybes draudikui nubausti draudėją už sutartinių santykių nevykdymą ir efektyviai... [toliau žr. visą tekstą] / Legal Consequences of Breach of the Insured’s Obligations under an Insurance Contract Insurers can try to exploit policyholders’ lack of information on insurance. They incorporate ambiguous and misleading clauses in the insurance policy. Insurers try to imbed insured’s contractual obligations in such manner that their breach would evoke the strictest legal consequences. By using limited policyholder’s understanding of insurance contract law, insurers interpret terms of insurance contracts lucratively. Such abuse causes concern. Insurers are private enterprises. Insurers by seeking to increase their profits can attempt to impose stricter sanctions than it would be just on the insured for breach of his contractual obligations. Jeopardy arises that the insurer will impose sanctions on the policyholder in an abusive manner. The subject matter of this writing is legal consequences of the insured’s obligations under an insurance contract. Provisions of the Civil Code on breach of contractual duties and civil liability are being analyzed together with special provisions of insurance contract law. Their comprehensive and systematic study reveals the scope of sanctions available for insurer’s use and the conditions that must be met before applying the sanctions. At the present the number of disputes between insurers and policyholders is increasing. The reason behind the disputes often is lack of clearness in legal regulation. Insurers abuse the lack of clearness by abusively... [to full text]
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Liberté, responsabilité et utilité : la bonne foi comme instrument de justice contractuelleGrégoire, Marie Annik, 1971- January 2008 (has links)
This thesis outlines the guiding principles of obligations law in Quebec, more particularly its contractual component. We are trying to establish a model of analysis that will seek to define and legitimize the precepts of justice that should guide judicial intervention in contractual relationships. / As part of this study, we identify certain principles that are fundamental in the theory of contract: notably, commutative justice, contract commutability, subjective rights and legitimate interests. We establish the relationship between each of these basic concepts to conclude that to be consistent with the principles of commutative justice, contract commutability shall not be based on a monetary equivalent of benefits but on the respect of a standard based on peaceful coexistence of rights and interests. It consists therefore of a normalization of contractual relations which ceases to be purely subjective. This finding leads to several inferences: the addition of the circumstances of the execution and termination of the contract, rather than simply its creation, to the possibilities of judicial review, a better legitimization of such review and the recognition of the principle of good faith as a privileged instrument for a fairer contractual commutability. Moreover, the last part of our thesis is devoted to examining judicial practice interventions based on good faith in order to illustrate the principles expressed in the study.
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"A Tolerable State of Order": The United States, Taiwan, and the Recognition of the People's Republic of China, 1949-1979Hilton, Brian Paul 14 March 2013 (has links)
American policy toward the People's Republic of China and the Republic of China from 1949-1979 was geared primarily toward the accomplishment of one objective: to achieve a reorientation of Chinese Communist revolutionary foreign policy that would contribute to the establishment of a "tolerable state of order" in the international community based on the principles of respect for each nations' territorial integrity and political sovereignty. China's revolutionary approach to its foreign relations constituted a threat to this objective. During the 1960s and '70s, however, Beijing gradually began accepting views conducive to the achievement of the "tolerable state of order" that Washington hoped to create, thus contributing significantly to the relaxation of Sino-American tensions and the normalization of relations in 1979.
From this basic thesis four subsidiary arguments emerge. First, the seven presidential administrations from Harry Truman to Jimmy Carter pursued a common set of objectives toward which their respective China policies conformed, thus granting American China policy a degree of consistency that historians of Sino-American relations have not previously recognized. Second, the most significant dilemma American officials faced was striking an effective balance between containment (to punish aggression) and engagement (to emphasize the benefits of cooperation). Third, American policy toward the ROC throughout virtually the entire period in question remained a function of Washington's effort to reorient Beijing's foreign policy approach. Fourth, domestic American opinion was of secondary importance in determining the nature and implementation of American China policy.
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Assessing the implementation of the Convention on the Rights of the Child in Lusophone Africa (Angola and Mozambique)Mandlate, Aquinaldo January 2012 (has links)
No description available.
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En studie om konflikter i arbetslivet och det systematiska arbetsmiljöarbetets roll som verktyg till förebyggande arbete.Aminoff, Elin January 2015 (has links)
Abstract The main subject of this essay is conflicts at work and the effect it has on the employee´s health. I can through various reports read that bad health at workplaces is too high and that conflicts are a reason. What can be done to the work environment so it will be better from a psychosocial perspective? Sweden has a regulation that makes the employer responsible to work for an improvement in the work environment; can these regulations be used in purpose to reduce conflicts? My first question concerns the possibility to establish preventive procedures in the workplace systematic work regarding to improve the work environment. My second question is about the obligations of the employer to attempt to reduce conflicts at the workplace and the third question regards the documenting and monitoring of conflicts and the preventing work to reduce them. The purpose of this essay is to clarify how conflict preventive work can be included in the Systematic work environment management. To find answers to my questions I will interpret and analyze the current Swedish law but also international law. Current law and regulations will be supplemented with interviews to obtain information about the employer´s approach to preventive work regarding conflicts. After analyzing the material I come to my conclusion that it´s possible to use current regulations as a tool to reduce conflicts at workplaces and through that also reduce sick leave due to psychological disorders. But there is a need to set up more concrete routines that makes the employer´s obliged to take all measures deemed necessary.
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Sexuella trakasserier och trakasserier på grund av kön inom könssegregerade yrkenPetersson, Ida January 2015 (has links)
The purpose of this study is to investigate how the Swedish laws regulate the proactive work of employers to prevent employees from getting sexual harassed or harassed on the basis of sex. The purpose is also to investigate how employers are supposed to handle employees whom have been sexual harassed or harassed on the basis of sex. Sweden has a segregated labor market which means that women and men tends to select different professions. This leaves marks on the equality for women and men, which also has effect on the fact that women and men are being harassed in the workplace or situations associated with the work. By investigating genderresearch I am hoping to find out why more employees get sexual harassed or harassed on the basis of their sex in segregated professions. The definition of sexual harassment is unwanted behavior that alludes on sex, and thereby violates the person’s dignity. Harassment on the basis of sex, on the other hand, is unwanted behavior that violates a person’s dignity on the basis of the person’s sex. The person who gets sexual harassments or harassments on the basis of sex, has an obligation to make sure that the perpetrator knows that the behavior is unwanted. This is as long as the sexual harassments or harassments on the basis of sex is not considered as a gross violation. The employer has an obligation to prevent employees from getting sexual harassed or harassed on the basis of sex. In case a employee gets sexual harassed or harassed on the basis of sex by someone whom is working for the employer, it is the employers obligation to investigate the circumstances and take necessary actions. This obligation also involves the employer to take necessary actions to prevent any future sexual harassments and harassments on the basis of sex or retaliation. It is also the employers obligation, as an effort to make working places equal, to make an effort to get the underrepresented sex to seek employment at the employer. One of the reasons that sexual harassments and harassments on the basis of sex could be explained by looking back at Sweden’s history, where women always have been in a subordinate role to men. By “doing gender” in everyday activities, stereotypical ideals of how women and men are supposed to act are being maintained. The gender segregated professions creates norms and jargon that places the underrepresented sex in an exposed role.
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