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This research deals with an evaluation of the standard form procurement contracts in the South African Police Services ,which is a government department. / Dissertation (LLM)--University of Pretoria, 2019. / Private Law / LLM / Unrestricted

The Insurance Law 1995 (PRC) is the first comprehensive insurance legislation since the foundation of the People's Republic of China in 1949. It consists of insurance contract law and insurance regulation. This study concerns only the insurance contract law, focusing on three fundamental principles, namely the principles of insurable interest, utmost good faith, and subrogation. The main theme of this study is that, through examination and analysis, and by comparative methodology, of the provisions relating to the three principles, problems in these provisions are to be found and recommendations on how to amend them are to be proposed. It is intended this study will also help us to understand other similar problems in the whole Chinese insurance contract law. Many concepts adopted in the Insurance Law (PRC) are English in origin. This research attempts to trace the origin and the evolution of these concepts in England and to seek their real meanings in order to find and solve problems of confusions, ambiguities, contradictions and unfairness in Chinese insurance law. The Australian Insurance Contracts Act 1984 codifies the common law and insurance practice in Australia and mitigates the common law for its harshness to consumers and is regarded as a model for insurance law reform. So many Australian approaches are suggested as suitable to follow in order to amend Chinese law. This thesis starts with a brief introduction stressing the purpose and methodology of this research. Then the background is laid down concerning China's politics, economic reform, legal system and the development of China's insurance industry, under which the Insurance Law has been shaped. This is followed by three chapters - the main part of this study dealing with the three fundamental principles of the insurance contract law by examining and comparing the Chinese approach with the English and Australian counterparts. By doing so, problems in the Insurance Law are identified and better solutions are figured out. This research concludes with an emphasis on the urgency for amendment of the Chinese insurance contact law by summarising the preceding examination and analysis of the three principles. It finally ends with a number of proposed amendments of relevant provisions of the Insurance Law which it is hoped will provide useful models for the improvement of the whole Chinese insurance law.

The modern role of the law of contract imposes a duty on the state to regulate the way individuals treat each other in the marketplace as part of fulfilling its social role. This thesis investigates the situation of contractual justice under Shariah and English law. It tests the extent to which contractual justice is protected under Shariah and English laws of contract. It indicates that the English law of contract is focused on the absolute sanctity of contract (in its classical form) and economic efficiency (in its modern form). On the other hand, the Shariah law of contract is governed by the general principle that gain comes only from labour and stresses the importance of the equivalence of counter-values. It reveals that while contractual justice under the English law of contract is procedurally oriented, it is substantively oriented under the Shariah law of contract. Additionally, the thesis also discusses the role of the law of consumer protection in pursuing contractual justice. While the consumer is protected under the English law by legislative control, the Shariah law of contract, which was the product of the seventh and eighth centuries, does not recognise the concept of the consumer. One would accordingly question the legitimacy of the action of protecting consumers in those states (take for example Saudi Arabia) that adopt Shariah as the law of the state. Most of the states, which adopt Shariah either alongside other normative systems or as the entire code, grant some kind of consumer protection measures within the law of contract. The thesis attempts to fill this gap by testing the viability of consumer protection derived from the Shariah law of contract. In doing so, attention is paid to the theoretical and practical aspects of the law. It is revealed that the Shariah law of contract is fit both from a theoretical and a practical perspective to serve the aims of consumer protection. The outcomes of the research should guide and enhance the legitimacy of consumer protection measures in Shariah-ruled countries.

i Název diplomové práce v anglickém jazyce Contract for health care under the Civil Code Abstract This master thesis discusses a contract for health care under the Civil Code. A contract for health care was established as a new nominate contract type on the 1st of January 2014, as the Civil Code Act 89/2012 Sb. became effective. Considering the importance and wide use of the contract, it is staggering how the public knowledge about this topic is insufficiently low. The aim of this thesis is to generally introduce the topic and analyse its individual aspects. The thesis also draws attention to potential interpretation issues and legislative imperfections or ambiguities. The theoretical angle is suitably being supported by practical examples, which contribute to the overall understanding of the topic as well as make the explanation clearer. This paper gives an elementary explanation of relations between the Civil Code as a general act and special acts. To provide the best possible picture of the contract type, author likewise mentions a brief historical background and relevant elementary international law relations. Thereto the thesis includes an excursus to the English law, specifically to a patient's consent. Regarding the contract for health care under the Civil Code itself, the paper gives an...

1 New institutions of inheritance law in comparison with the Swiss law Abstract The new legislation of the civil code no 89/2012, brings major changes to the Czech inheritance law. Institutes, that has been traditionally part of most of the European countries has been after decades reintroduced into the Czech legal system. Moreover there are also institutes, which are completely new. These institutes are namely inheritance contract, legacy, renouncement of inheritance, surrender of inheritance, alienation of inheritance and codicil. This thesis aims to describe these institutes in detail, including their historical background. The new inheritance law legislation has been mostly influenced by the legislation effective in Czechoslovakia during 1920s and 1930s, meaning ABGB - the Austrian Civil code enacted in 1811. Also parts of the draft of a new civil code from 1937 were used as a template, as well as current civil codes of other European countries, as for example the German BGB or the Swiss ZGB. For the purpose of a legal comparison, this thesis contains also a brief description of the Swiss legislation concerning the above mentioned institutes.

This thesis is about corporate attribution in private law. Unlike human persons, companies are artificial legal persons. They lack a physical body with which to act, and a mind with which to think. English law therefore developed the concept of attribution so that legal rules could be applied to companies. Attribution is the process of legal reasoning by which the acts and states of mind of human individuals acting for a company are treated as that of the company, so as to establish the company’s rights against and obligations owed to other parties. This thesis examines the rules of attribution across the private law of obligations, focusing on the law of contract, tort, unjust enrichment, and selected aspects of equitable liability. Three main arguments are made in this thesis. First, there is a sharp distinction between the rules of attribution and the substantive rules of private law to which they apply. The former belongs in the law of persons, and it concerns when the acts and states of mind of an individual can be attributed to a company. The latter belongs in the law of obligations. Second, the same rules of attribution should be, and have largely been used across the entire expanse of private law. Regardless of the area of private law in which the question of attribution arises, the same question is being asked, and so the law’s answer should be the same. Like should be treated alike. This is normatively desirable, because it ensures coherence across private law. Third, it is therefore possible to state the rules of attribution that apply in private law. The acts of an individual A will be attributed to the company C where they were (i) specifically authorised (‘specific authority’), (ii) where A performs an act within the class of acts that A has power to do on behalf of C, even if A is acting in breach of duty (‘actual authority’), or (iii) where A has either been placed in a position or been held out by C such that a reasonable person in the position of a third party would reasonably believe that A had the power to act for C (‘apparent authority’). A’s knowledge will be attributed to C where it is material to the class of acts that A had specific or actual authority to do on behalf of C. Although commonly thought to be a series of diverse, disparate rules found in different doctrines and different areas of law, the rules of attribution form a remarkably coherent, consistent whole across private law.

The thesis focuses on the Czech regulation of forwarding contract. The aim of this thesis is to answer the question whether planned legislation in The New Czech Civil Code is type of modern legislation, which takes into account the needs of freight forwarders and international developments in the unification and harmonization of forwarding contract. The answer is based on analysis of the current legislation of forwarding contract, jurisprudence and comparison with regulation abroad.

The basis of any contract is the agreement of two or more parties. In traditional Swedish and English contract law theory, a contract is formed through the reciprocal exchange of an offer and a corresponding acceptance. Together, these declarations of will represent the common intent of the parties, which binds them to their respective contractual obligations and determines the contents of the contract. In the contemporary commercial sector, the use of standard forms (i.e., sets of terms that have not been individually negotiated) has become more prevalent. This has led to the rise of a particular legal issue, called the “battle of forms”: a situation where both parties refer to their own, conflicting, standard forms during the formation of contract, where after they proceed in fulfilling their contractual obligations. Consequently, the exchanged declarations of will lack conformity in these cases, and there is no discernible common will of the parties. In order to conclude that a contract has been formed, and to decide its contents, this conflict needs to be resolved. The traditional approach to resolving the issue of battle of forms in English law is to regard the last referenced standard terms in the contractual negotiations as an offer (or counter-offer), and the other party’s conduct as an acceptance. This approach largely corresponds with how the issue likely would be resolved according to traditional Swedish contract law principles. However, in the legal scientific environments of both Sweden and England, ideas and concepts of a modern contract law has developed. Included therein is the idea of taking a more flexible stance with regard to the formation of contract. When viewing the contractual relationship holistically, and partly liberated from the offer-acceptance approach, the battle of forms can be resolved by letting the court construe the different sets of terms together, and re-place conflicting terms with suitable substitutes by implication. These modern concepts have partly manifested in recent English precedence regarding the battle of forms. Considering that the patterns of development with respect to the modern law of contract are similar in Swedish and English law, there is reason to believe that a similar “new” approach to the battle of forms might be adopted by Swedish courts as well.