Discourse connectives signal discourse coherence by making discourse relations explicit and by playing a role in the organization and structure of information in discourse. Therefore, their use in L2 writing is an important field of study that is likely to have implications for discourse competence both at the sentence-level discourse and at the level of larger discourse structure. The aim of the present study is to account for the use of three contrastive discourse connectives, but, however and although at both the microstructural and the macrostructural levels of discourse in the argumentative essays written by Turkish learners of English and native speakers of American English. The patterns of use by L2 learners are compared with those of native speakers. The analysis is based on 120 essays from two corpora: Turkish subcorpus of the International Corpus of Learner English (TICLE) and American subcorpus of Louvain Corpus of Native English Essays (ALOCNESS). The study reveals that the argumentative essays of Turkish learners of English and American students do not differ significantly regarding the three connectives neither structurally nor semantically. However, at the macrostructural level of discourse, differences concerning the pattern of argumentation and the role that the connectives play in the claim-counterargument-refutation pattern of organization were observed. Further analysis on other lexical items used in argumentation shows that in ALOCNESS, there is more reliance on other means, such as the lexical items expressing modality and those signaling the argumentative nature of the text.

A European option is a contract in which the seller of the option grants the buyer the right, but not the obligation, to purchase from or sell to the seller the underlying asset at pre-specified price at maturity date. Herewith the buyer should pay out a premium for the value of flexibility that he was granted. Such premium as the compensation to the seller was provides in close form by Black and Scholes (1973) and Merton (1973). Even since then the option pricing methodology, or otherwise known as ¡§contingent claim analysis¡¨ has found its application in many prospects. Otherwise known as the real option analysis first induced by Myers (1977) and the structure form model of the credit risk analysis first induced by Merton (1974). In the thesis, we consider the application of the optional pricing methodology to the rationality and valuation of penalty in a contract and extent the penalty to the money back guarantee. In the former, we provide the general form solution to illustrate the both parties all hold the right to default the contract, and prove the existence of the optimal penalty is a policy to protect the disadvantaged minority such as to make the trade contract to be fair. In the latter, we prove the suitable way to evaluate that the consumer buy a good and long a MBG is the call option but the put by reviewing the final cash flow of the replicated strategy and the put-call parity at firstly, and then we find out the better way to grant the consumer to return the good to the vendor is penalty if the good is normal and the utility function of the consumer is concave. In sum, we integrate the penalty and in the MBG with the contingent claim analysis in this thesis, we find out we can use the uncomplicated model to explain the real world. Herewith we consider the option pricing model as another methodology to illustrate the social environment.

European Business School, Diss--Oestrich-Winkel, 2008.

Thesis (M.Sc.). / Written for the Dept. of Epidemiology, Biostatistics and Occupational Health. Title from title page of PDF (viewed 2009/06/19). Includes bibliographical references.

Esta dissertação tem como objetivo discorrer sobre os limites objetivos da coisa julgada e sobre sua eficácia preclusiva de forma crítica. Vive-se um momento de desconforto com relação ao instituto da coisa julgada material, na medida em que a estreiteza de seus limites objetivos permite o surgimento de decisões incompatíveis do ponto de vista lógico, e a eternização de determinado conflito de interesses, por meio do fracionamento da lide em diversos processos. O ordenamento jurídico brasileiro define os limites objetivos da coisa julgada com referência ao objeto da sentença e, indiretamente, ao objeto litigioso do processo. Essa opção denota que o sistema, em última análise, atribui às partes o poder de definir os contornos da coisa julgada, a despeito do forte interesse público que norteia o instituto. Com base nessas razões, alguns países europeus, cujos sistemas processuais foram construídos sob a tradição romano-germânica, têm, recentemente, procurado revisitar e redimensionar os limites objetivos da coisa julgada. Assim, este trabalho se debruça sobre possíveis alterações do sistema brasileiro, tanto para que a coisa julgada estenda-se aos fundamentos necessários da decisão, bem como para que a eficácia preclusiva da coisa julgada seja ampliada para abranger as causas de pedir que poderiam ter sido deduzidas na petição inicial e, no entanto, foram omitidas pelo autor. Tais mudanças são analisadas em prestígio à segurança jurídica e à economia processual, mas sem olvidar das discussões pretéritas, travadas desde o século XIX a respeito do tema. Algumas propostas de mudança dos limites objetivos e da eficácia preclusiva da coisa julgada, apesar de visarem a aumentar a segurança jurídica, paradoxalmente, podem ter efeito oposto, gerando ainda mais insegurança. Considera-se também a possibilidade de eventual mudança incrementar demasiadamente a complexidade dos litígios em que se discuta a existência de coisa julgada em seu sentido positivo e negativo. Esses inconvenientes de ordem teórica e prática são considerados nesta dissertação, bem como os impactos de eventual mudança sobre institutos correlatos à coisa julgada, especialmente o objeto do processo. / The purpose of this paper is to critically discuss the objective limits of res judicata and its preclusive efficacy. We are living a time of discomfort in relation to the legal procedure of res judicata, to the extent that the narrowness of its objective limits enables the appearance of judgments that are incompatible from the logical viewpoint and the perpetuation of a certain conflict of interests, by means of the fractioning of the case in several proceedings. The Brazilian legal system defines the objective limits of the matter adjudged in relation to the judgment purpose and, indirectly to the litigation purpose of the proceeding. This option means that the system ultimately attributes to the parties the power to define the outlines of res judicata, despite the strong public interest that guides the legal procedure. Based on those reasons, some European countries the procedural system of which was built under the Roman-Germanic tradition have recently sought to revisit and reshape the objective limits of the matter adjudged. Accordingly, this work looks at some possible changes to the Brazilian system so that the matter adjudged is extended to the necessary grounds of the judgment, as well as to enable the preclusive efficacy of the matter adjudged to be expanded in order to reach the causes of action that could have been stated in the complaint but were omitted by the plaintiff. Such changes are analyzed with consideration for the legal certainty and procedural enhancement but without forgetting the past discussions conducted in the 19th century about the matter. Some proposals for change of the objective limits and of the preclusive efficacy of res judicata, although aiming at increasing legal certainty, paradoxically may have the opposed effect, generating even more uncertainty. It is also considered that an occasional change may excessively increase the complexity of those litigations where the existence of the res judicata is discussed in its positive and negative meanings. Those theoretical and practice inconveniences are taken into account in this paper, as well as the impacts of any change to the legal procedures related to the res judicata, especially the purpose of the proceeding.

Capitalism has evolved globally by disciplining its key features to suit new markets and changing socio- economic environments. These features include private property, labour and neoliberalism. Whilst capitalism has managed to become a well-established system, occasionally it is confronted with challenges which expose its callous nature. In South Africa, land restitution calls into question capitalism's operation as it disrupts the conventional process of profit accumulation. This is evident when looking at the manner in which land claims are settled in private nature reserves that are under a land claim. Private nature reserves have been structured to bring together capitalism's key features of property, labour and neoliberalism and therefore become interesting sites on which to study how they react to land restitution. This study uses Mala Mala Game Reserve to investigate how capitalism unfolds in the game reserve. It specifically looks at the conservation business, labour conditions, and the settlement of the land claim in the reserve. It begins by analysing the structuring of the conservation business to fit capitalism's objective of profit accumulation. The emphasis here is on the relationship between capitalism and nature, and how the conservation business is built on the commodification of nature. It traces the business foundation of Mala Mala over time to understand how the reserve became a luxurious safari destination that target a small, select group of wealthy, mainly international tourists. The reserve promises quality wildlife viewing and luxury accommodation for its guests, which it is able to offer through the commercialisation of nature in a manner that is often viewed as ethical to the greater public, yet a closer look at the operation of the reserve shows the unaccounted cost of exclusion, dispossession and exploitation. These impacts are further contextualised in the second part of the study, which documents the structuring of labour as a condition for building the reserve's economic success. Labour is an important necessity for capitalism's operations and its conditions show us the fierce manner in which surplus value is extracted. The creation of the cheap labour system in South Africa played an important role in building conservation areas. The success of conservation business in private nature reserves routinely depends on conservation labour. The study finds that cheap labour in Mala Mala is secured through the adoption of a migrant labour system. Such a system highlights the social ‘cost' (labour) of capital accumulation that takes place in the reserve. While the first two parts of the study explain how capitalism has shaped the conservation business in Mala Mala, the last section investigates what happens when this almost perfectly structured system is challenged through land claims. The study finds that the clash between conservation business and land restitution produce a model of land reform that chime with neoliberalism. Backed by government and landowners, the model separates business ownership from landownership in order to guarantee capital accumulation. This study contributes to our understanding of land restitution in private nature reserves in South Africa and the land restitution model it produces.

1 Abstract This dissertation thesis discusses the problems of entitlement to a claim of the injured party in adhesion proceedings. Concretely the procedure and conditions of a claim of the injured party in adhesion proceedings were introduced and the differences between a civil and adhesion claims were identified, especially in the relation to determining the amount of damage or other than proprietary loss. Academic literature, internet sources, relevant legal regulations, case law from not only the supreme court but also other sources, such as many personal meetings with specialists in given area, or practical experience gained during a study-related internship, were used to obtain information. The thesis is divided systematically into eight chapters. The first chapter deals with defining the term 'injured party' including its historical development. Next it deals with the legislation now in force alongside with defining the categories of injured parties. Following is an interpretation of the term 'victim of a criminal act.' The second chapter is focused on the claim of the injured party, concretely the conditions of a claim in adhesion proceedings, a claim of a legal representative and the basic principles of a claim were also explained. The third chapter is centered around damage compensation. Included...

The Role of Debt in an Insolvency Proceeding Abstract The thesis aim's to analyze the process of claims in a broader sense: from the filing of the claim, through its review by the insolvency court and the insolvency administrator, to (in the most ideal case) the satisfaction of creditors. The thesis deals with the issues of the claims process and the claims themselves. The analysis of the topic is based mainly on the applicable legislation, current case law, the opinions of professionals in professional articles, and a questionnaire survey. Insolvency law is an essential part of the legal system as it reflects the current economic state of modern society. The topic is topical because the field of insolvency law is constantly being amended, one of the sources of these amendments being changes in social conditions. The legislator aims to make the institution of debt settlement available to a wider range of debtors through amendments to the Insolvency Act and thus reintegrate them into economic life as soon as possible. The thesis is divided into four chapters. The first chapter deals with the description of individual types of claims and their breakdown. The remaining chapters follow the claims process. The second chapter describes the application of claims, including the form and requirements of a claim...

No description available.

No description available.