Made available in DSpace on 2016-04-26T20:21:01Z (GMT). No. of bitstreams: 1 Gisele Ilana Lenzi.pdf: 1028212 bytes, checksum: 33032eda736d662a5996b20804eec719 (MD5) Previous issue date: 2012-05-31 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / This dissertation was developed and grounded on Consumers‟ Rights and Bank Contracts, more specifically on the Precedent 381 of the Superior Court of Justice (Brazil).The aim of this paper is to analyze the applicability of the statutory control and its consequences in consumption relationships of bank contracts. Exploratory research with deductive reasoning supported by bibliographic techniques to assemble jurists‟ prevailing opinion, and court precedents, including bank actions data in the consumption market were applied. It is organized in three chapters to enable encompassing proposed theme. Firstly, we analyze the general contractual legal transaction basis and its compliance with constitutional and civil principles. Then, we discuss the consumers‟ rights and their principles, contractual abusive terms and clauses with occasional reviews. In the third chapter, we approach bank special contracts focusing on the judicial activity-freezing phenomenon, showing procedural institutes to advance and accelerate lawsuits solution. We also approach the choice process for the best decision of the arbitrator/justice, mainly on grounds of reasonableness and proportionality. The result of the research indicates the incoherent effect caused by occasional use of the Precedent 381 of the Superior Court of Justice in the defense of the consumer, considering the elimination of such statutory control, provided it does not meet its purpose, disrespecting consumers‟ rights, with an exclusive privilege to supply bank. Furthermore, it discredits the ideal of justice by treating subjects of rights as objects / O tema escolhido para desenvolver esta dissertação abrange o direito do consumidor e os contratos bancários, especificamente quanto à disciplina contida na Súmula 381, emanada do Superior Tribunal de Justiça. O objetivo é analisar a aplicabilidade deste comando legal e suas consequências nas relações de consumo que tangenciam os contratos bancários. Para esta tarefa foi utilizada como suporte metodológico a pesquisa exploratória com raciocínio de ordem dedutiva e a técnica bibliográfica para reunir doutrina e jurisprudência, além de dados sobre a ação dos bancos no mercado de consumo. Quanto à organização, o trabalho está dividido em três capítulos, necessários para circundar a temática proposta. Primeiramente é analisada a base do negócio jurídico contratual geral e sua submissão aos ditames constitucionais e civis. Passa-se, em seguida, a discorrer sobre o direito do consumidor, abarcando os princípios em destaque, as partes e as cláusulas contratuais abusivas e eventual revisão. No terceiro capítulo, com a abordagem do contrato especial bancário, foca-se o fenômeno do congelamento da atividade judicante, demonstrando os institutos processuais para aceleração da solução de demandas e, nesse contexto, o processo de escolha da melhor decisão, pelo julgador, principalmente pelo prisma do pensamento que orienta a proporcionalidade e a razoabilidade. O resultado da pesquisa aponta o efeito desarmônico causado pela eventual aplicação da Súmula 381 do Supremo Tribunal de Justiça ao sistema de defesa do consumidor, merecendo ser extirpado tal comando do ordenamento jurídico por não cumprir com a sua finalidade, já que desrespeita frontalmente os direitos do consumidor com um privilégio exclusivo ao banco-fornecedor, além de sua aplicação desprestigiar o ideal da justiça ao tratar o sujeito de direito como objeto

Governments are becoming increasingly aware of SMEs as economical role players. As a result many initiatives were introduced to address the unique challenges of the SME sector. One of these initiatives was the introduction of a global accounting framework for SMEs by the International Accounting Standards Board entitled the IFRS for SMEs. South Africa became the first country to formally adopt the contents thereof as the Statement of GAAP for SMEs. The adoption of a formal accounting framework by SMEs is however challenged by, amongst other factors, the informal nature of SMEs, limited global focus, the involvement of owner–managers and different classifications of SMEs worldwide. Owing to these unique attributes it is possible that SMEs have alternative informational needs and as a result the impact of environmental factors on the adoption of the Statement of GAAP for SMEs was considered. Culture is considered the most important environmental factor affecting the accounting environment. The Value Survey Model of Hofstede was utilised to determine cultural dimensions of accounting students (n = 301) in South Africa and the United Kingdom (UK). The cultural dimensions were extended to the accounting values of Gray after which a distinct set of accounting values was identified for i) the adoption of formal, global and prescriptive accounting standards, ii) based on principles iii) by an informal SME sector. The results also revealed distinct cultural differences within South Africa as well as between South Africa and the UK. Thereafter the contents of the Statement of GAAP for SMEs/IFRS for SMEs were evaluated against reporting practices of the SME sector in South Africa. Firstly, an assessment of the contents was conducted amongst SME accountants (n = 157) using a five–point Likert–type scale. Secondly, financial statements compiled by the SME sector in South Africa were analysed to determine the relevance of the contents of the illustrative financial statements contained in the Statement of GAAP for SMEs. The analysis entailed a consolidation of a sample of SME financial statements from South Africa (n = 100). The study revealed that the accounting environment of the SME sector is affected by a wide range of environmental and related factors. These factors were summarised and discussed and recommendations for future research were made. / Thesis (Ph.D. (Accounting))--North-West University, Potchefstroom Campus, 2011.

Governments are becoming increasingly aware of SMEs as economical role players. As a result many initiatives were introduced to address the unique challenges of the SME sector. One of these initiatives was the introduction of a global accounting framework for SMEs by the International Accounting Standards Board entitled the IFRS for SMEs. South Africa became the first country to formally adopt the contents thereof as the Statement of GAAP for SMEs. The adoption of a formal accounting framework by SMEs is however challenged by, amongst other factors, the informal nature of SMEs, limited global focus, the involvement of owner–managers and different classifications of SMEs worldwide. Owing to these unique attributes it is possible that SMEs have alternative informational needs and as a result the impact of environmental factors on the adoption of the Statement of GAAP for SMEs was considered. Culture is considered the most important environmental factor affecting the accounting environment. The Value Survey Model of Hofstede was utilised to determine cultural dimensions of accounting students (n = 301) in South Africa and the United Kingdom (UK). The cultural dimensions were extended to the accounting values of Gray after which a distinct set of accounting values was identified for i) the adoption of formal, global and prescriptive accounting standards, ii) based on principles iii) by an informal SME sector. The results also revealed distinct cultural differences within South Africa as well as between South Africa and the UK. Thereafter the contents of the Statement of GAAP for SMEs/IFRS for SMEs were evaluated against reporting practices of the SME sector in South Africa. Firstly, an assessment of the contents was conducted amongst SME accountants (n = 157) using a five–point Likert–type scale. Secondly, financial statements compiled by the SME sector in South Africa were analysed to determine the relevance of the contents of the illustrative financial statements contained in the Statement of GAAP for SMEs. The analysis entailed a consolidation of a sample of SME financial statements from South Africa (n = 100). The study revealed that the accounting environment of the SME sector is affected by a wide range of environmental and related factors. These factors were summarised and discussed and recommendations for future research were made. / Thesis (Ph.D. (Accounting))--North-West University, Potchefstroom Campus, 2011.