L'avènement des nouvelles technologies a modifié considérablement le marché des valeurs mobilières. Le certificat représentant les actions de personnes morales s'est dématérialisé, facilitant et augmentant la rapidité des échanges, mais en causant de nouveaux problèmes, notamment à cause de l'incertitude juridique entourant les transferts et les sûretés sur les valeurs mobilières et autres actifs financiers. Pour répondre à ces problématiques, le Uniform Commercial Code américain a créé de nouveaux concepts et de nouvelles règles applicables au régime de détention indirecte. S'inspirant du modèle américain, un effort international d'harmonisation a été déployé, comme en témoignent, entre autres, les initiatives de la Conférence de La Haye, d'UNIDROIT et de la Conférence pour l'harmonisation des lois au Canada. C'est ainsi que le Québec a adopté la Loi sur le transfert de valeurs mobilières et l'obtention de titres intermédiés, afin de combler les lacunes d'un régime devenu désuet. Toutefois, le projet de loi s'inscrit-il avec le régime civiliste du Québec? Le particulier peut-il hypothéquer des valeurs mobilières? Où se situent les titres dématérialisés et intermédiés? Nous tenterons de répondre à ces questions en deux temps ; premièrement, nous étudierons l'évolution des régimes de transfert et de sûretés sur les valeurs mobilières et autres actifs financiers ainsi que leurs particularités. Ensuite, nous étudierons la loi québécoise en parallèle avec les différents instruments d'harmonisation et avec le régime civiliste québécois des sûretés. / New technologies changed financial markets. Where securities were represented by certificates, now often, they are dematerialised and held indirectly in order to facilitate and expedite trades. However, this situation caused new problems since the legislation was inadequate to regulate the indirect holding system. The american Uniform Commercial Code enacted a new and unique legislation in order to respond to the legal uncertainty. Following the Americans, an international effort rised in order to harmonise legislation pertaining to the transfers and security interests on securities and other investment properties, namely, the Hague Conference, UNIDROIT and the Uniform Law Conference of Canada, just to name a few. Accordingly, Quebec adopted the Act respecting the transfer of securities and the establishment of security entitlements, in order to respond to the actual discrepancies. However, does the Act integrate itself harmoniously within the civil law tradition? May the private citizen grant a hypothec on securities? Where are situated uncertificated or indirectly held securities? We will attempt to answer these questions in two parts; firstly, we will study the evolution and particulars of the transfers and security interests on securities and other investment properties. Secondly, we will study the Quebec Act in respect with other legislations and with the civil law rules.

This work deals with the different concepts of justice that are presented by works of John Rawls and Robert Nozick. Seeing that they are liberal authors, the first chapter is devoted to liberalism and its forms. Rawls is presented as a supporter of modern liberalism and Nozick is presented as a representative of classical liberalism, concretely libertarianism. The second chapter discusses how both authors describe natural state. The third chapter is devoted to it how Rawls and Nozick talk about conception of liberty. The following chapter describes and compares their theories of justice: justice as fairness and justice as entitlement. The fifth chapter deals with the final reflection on the theories of both authors. There are presented various reactions and interpretations of the mentioned theories. At the same time, there is shown considerable asset of Rawls?s Theory of Justice and Nozick?s Anarchy, State and Utopia which both influenced political-philosophical discussion.

L'avènement des nouvelles technologies a modifié considérablement le marché des valeurs mobilières. Le certificat représentant les actions de personnes morales s'est dématérialisé, facilitant et augmentant la rapidité des échanges, mais en causant de nouveaux problèmes, notamment à cause de l'incertitude juridique entourant les transferts et les sûretés sur les valeurs mobilières et autres actifs financiers. Pour répondre à ces problématiques, le Uniform Commercial Code américain a créé de nouveaux concepts et de nouvelles règles applicables au régime de détention indirecte. S'inspirant du modèle américain, un effort international d'harmonisation a été déployé, comme en témoignent, entre autres, les initiatives de la Conférence de La Haye, d'UNIDROIT et de la Conférence pour l'harmonisation des lois au Canada. C'est ainsi que le Québec a adopté la Loi sur le transfert de valeurs mobilières et l'obtention de titres intermédiés, afin de combler les lacunes d'un régime devenu désuet. Toutefois, le projet de loi s'inscrit-il avec le régime civiliste du Québec? Le particulier peut-il hypothéquer des valeurs mobilières? Où se situent les titres dématérialisés et intermédiés? Nous tenterons de répondre à ces questions en deux temps ; premièrement, nous étudierons l'évolution des régimes de transfert et de sûretés sur les valeurs mobilières et autres actifs financiers ainsi que leurs particularités. Ensuite, nous étudierons la loi québécoise en parallèle avec les différents instruments d'harmonisation et avec le régime civiliste québécois des sûretés. / New technologies changed financial markets. Where securities were represented by certificates, now often, they are dematerialised and held indirectly in order to facilitate and expedite trades. However, this situation caused new problems since the legislation was inadequate to regulate the indirect holding system. The american Uniform Commercial Code enacted a new and unique legislation in order to respond to the legal uncertainty. Following the Americans, an international effort rised in order to harmonise legislation pertaining to the transfers and security interests on securities and other investment properties, namely, the Hague Conference, UNIDROIT and the Uniform Law Conference of Canada, just to name a few. Accordingly, Quebec adopted the Act respecting the transfer of securities and the establishment of security entitlements, in order to respond to the actual discrepancies. However, does the Act integrate itself harmoniously within the civil law tradition? May the private citizen grant a hypothec on securities? Where are situated uncertificated or indirectly held securities? We will attempt to answer these questions in two parts; firstly, we will study the evolution and particulars of the transfers and security interests on securities and other investment properties. Secondly, we will study the Quebec Act in respect with other legislations and with the civil law rules.

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This dissertation is concerned with pastoral care with men in the Anglican Church. It is grounded in the rapidly changing post-apartheid years in the East Rand region of South Africa. It seeks to explore through participatory action research the negative effects of patriarchy as a discourse of power and entitlement on the lives of men of differing cultures in South Africa as victims and perpetrators of abuse. It also seeks to explore ways of pastorally caring with men through the creation of participative care groups that enable personal stories of men to be told, invitations to responsibility for abuse made, and the negative effects of patriarchal cultural and theological discourse deconstructed, and alternate understandings of masculinity constructed and performed. The work is done from a contextual theology, pro-feminist perspective, and collaborating with postmodern philosophers Derrida and Foucault, the social anthropologist Bruner and the narrative therapists White, Epston and Jenkins. / Practical Theology / M. Th. (Practical Theology, Specialisation in Pastoral Therapy

The human trait of entitlement, although currently very topical, has only recently come under serious scrutiny by behavioural psychologists (Campbell, Bonacci, Shelton, Exline & Bushman 2004:30). This study examines the modifying effects of these psychological elements on the spiritual aspects of disease and healing. Other modifiers are the personal spiritual beliefs or dogmas of the clergy within the paradigm of a particular denomination, and the beliefs and expectations of the adherents. Two Christian denominations were chosen for the study: The Methodist Church of Southern Africa, in particular the home church of the writer, The Bedfordview Methodist Church, and Afmin, an organisation that trains and equips students, mainly African, for Christian ministry. Structured face to face interviews were conducted with pastors and church leaders, interviews with medical professionals were conducted and a wide ranging review of relevant literature undertaken. It was found that while the trait of entitlement was a constant in human nature, there were modifying factors. These included the personal beliefs of pastors and youth leaders, often founded on personal experience instead of denominational dogma. The influence of Pentecostal / Charismatic teaching was very evident. It was also found that the church, in a drive to become increasingly relevant to current norms and social trends, tended to have a rather confused understanding of biblical healing and the role of God in disease and suffering. While the inevitability of death, suffering and disease cannot be denied, the role of the church is complex and controversial. Unrealistic expectations, based on teaching that encourages a sense of entitlement can lead to great challenges regarding faith in both the clergy and adherents. / Christian Spirituality, Church History & Missiology / D. Th. (Christian Spirituality)

The human trait of entitlement, although currently very topical, has only recently come under serious scrutiny by behavioural psychologists (Campbell, Bonacci, Shelton, Exline & Bushman 2004:30). This study examines the modifying effects of these psychological elements on the spiritual aspects of disease and healing. Other modifiers are the personal spiritual beliefs or dogmas of the clergy within the paradigm of a particular denomination, and the beliefs and expectations of the adherents. Two Christian denominations were chosen for the study: The Methodist Church of Southern Africa, in particular the home church of the writer, The Bedfordview Methodist Church, and Afmin, an organisation that trains and equips students, mainly African, for Christian ministry. Structured face to face interviews were conducted with pastors and church leaders, interviews with medical professionals were conducted and a wide ranging review of relevant literature undertaken. It was found that while the trait of entitlement was a constant in human nature, there were modifying factors. These included the personal beliefs of pastors and youth leaders, often founded on personal experience instead of denominational dogma. The influence of Pentecostal / Charismatic teaching was very evident. It was also found that the church, in a drive to become increasingly relevant to current norms and social trends, tended to have a rather confused understanding of biblical healing and the role of God in disease and suffering. While the inevitability of death, suffering and disease cannot be denied, the role of the church is complex and controversial. Unrealistic expectations, based on teaching that encourages a sense of entitlement can lead to great challenges regarding faith in both the clergy and adherents. / Christian Spirituality, Church History and Missiology / D. Th. (Christian Spirituality)

Text in English / Sustainable development empowers poverty-affected people and communities by strengthening their capabilities. HRDP, a Bangladeshi development agency aims to achieve this goal by offering literacy classes and primary school edu-cation. In recent years, they have encountered obstacles to their empowerment strategy. Socio-cultural mediated expectations and moral obligations impeded the capability approach. This case study seeks to research the effects of entitlement and patronage on the empowerment of people in one of their projects. To be able to understand these structures and to determine possible implications for the asset-based ap-proach, 14 interviews and two focus-group discussions with local stakeholders have been conducted in the village of Gabtali, Bangladesh. Findings revealed that people desire to invest their own assets to increase their well-being, but expect assistance for this to happen. The study suggests align-ing expectations and obligations with the capability approach and also suggests a few ideas how this could be accomplished. / Development Studies / M.A. (Development studies)

Made available in DSpace on 2016-04-26T20:24:08Z (GMT). No. of bitstreams: 1 Karina Cardozo de Oliveira.pdf: 1521482 bytes, checksum: fdcc90912ef8beb50a1f3eb16e20ec5d (MD5) Previous issue date: 2016-02-03 / The purpose of this study is to present and resolve the main legal issues related to a transaction whose practice is of extreme importance to boost the effervescence and the liquidity of the Brazilian capital markets: the stock lending. Initially, we intended to address the development of such markets, since the beginning until the present moment, in order to have a historical background over the environment that the herein studied transaction integrates. Subsequently, we verified the main concepts related to the shares, which are the object of the stock lending, and concluded that due to the homogeneity of the rights and characteristics of a certain type or class of share, in our view, we may consider them as fungible assets. Such conclusion mattered to the development of our legal nature theory over the stock lending, which we classified as a loan. Further on, we analyzed the main characteristics of the stock lending agreement, in accordance with our civil doctrine, and its establishment as a private agreement and as an agreement registered in BTC system. In this respect, we gave special attention to the stock lending agreement executed under share public offerings. Finally, we verified the impact of the stock lending on the entitlement of shareholders rights the essential rights, the voting right and the right to participate in a public acquisition offering in each type of transaction. We concluded that, in the private agreements, all rights are transferred to the borrower, unless otherwise provided by the agreement entered between the parties. In the registered stock lending, the preemptive right for the subscription of new shares, convertible debentures and subscription bonuses, as well as the right to participate in the company s profits remain with the donor, considering that the BM&FBOVESPA facilitates its exercise. This dissertation integrates the line of research Effectiveness of Private Law and Civil Liberties , developed by the Post-Graduate Program in Law Studies of PUC-SP and the research project Legal Protection of Private Investment / O intuito deste trabalho é apresentar e resolver as principais questões jurídicas envolvendo uma operação cuja prática é de extrema relevância para impulsionar a efervescência e a liquidez do mercado de capitais brasileiro: o empréstimo de ações. Buscamos, inicialmente, abordar o desenvolvimento deste mercado, desde os primórdios até os diais atuais, no intuito de contextualizar o meio em que se insere a operação aqui estudada. Em seguida, verificamos os principais conceitos inerentes às ações, que são, por sua vez, objeto do empréstimo em questão, e concluímos que, em razão da homogeneidade dos direitos e características de uma determinada espécie ou classe de ação, poderíamos, a nosso ver, entendê-las como bens fungíveis. Essa conclusão importou para o desenvolvimento da nossa teoria acerca da natureza jurídica do empréstimo de ações, que foi por nós classificado como um mútuo. Adiante, analisamos as principais características do contrato de empréstimo de ações, de acordo com a doutrina civilista, e a operacionalização tanto na sua forma privada como também registrada no sistema BTC. Nesse sentido, dedicamos especial atenção ao contrato de empréstimo de ações celebrado no âmbito de ofertas públicas de distribuição de ações. Por fim, verificamos o impacto do empréstimo de ações sobre a titularidade dos direitos de acionistas tanto os direitos essenciais, como o direito de voto e o direito de participar em oferta pública de aquisição de ações em cada tipo de operação. Concluímos que, nos empréstimos privados, todos os direitos são transmitidos ao tomador do empréstimo, exceto se houver disposição específica contrária no contrato celebrado entre as partes. Já em relação aos empréstimos registrados, o direito de preferência na subscrição de novas ações, debêntures conversíveis e bônus de subscrição, bem como o direito de participar nos lucros da companhia emissora são mantidos com o doador, uma vez que a BM&FBOVESPA viabiliza o seu exercício. Esta dissertação insere-se na linha de pesquisa Efetividade do Direito Privado e Liberdades Civis , desenvolvida pelo Programa de Estudos Pós-graduados em Direito da PUC-SP e no projeto de pesquisa Proteção Jurídica do Investimento Privado

The government has indicated that innovation fosters economic growth and is essential to maintaining a competitive position in international markets. Patents are the preferred mechanism by which the Australian Government and other governments encourage their nationals to protect their innovations. The question of the entitlement was raised in several cases in the Federal Court of Australia where there has been a failure to name all of the inventors on a patent grant (non-joinder) or where persons were mis-named as inventors, who were not and consequently have no interest in a grant (rnis-joinder). In both cases, parties who were not themselves daiming an entitlement to the invention, brought objections based on a number of grounds, including entitlement. The results have been the revocation of the patent in the case on the non-joinder of an inventor and in the case of mis-joinder, the preliminary view of a judge of the Federal Court has been, that the patent would be invalid through lack of entitlement. The result is that competitors are permitted to 'exploit' the invention, as the subject matter is not protected by a patent. The implications are far reaching, For example, where a research team in collaboration with another develops an invention but omits the inventive contribution of even one member of one team or includes a person who has not made an inventive contribution in the patent grant, the patent will be invalid. In these circumstances, the author considers that the result produces a disincentive to innovate. Consideration of this area in other jurisdictions reveals that the U.S. and the U.K. have recognised this as an unsatisfactory state of affairs. As a result, Congress in the U.S. made provision in their Patent Code in the early 1950's, that in the case of error or mistake giving rise to a non-joinder or mis-joinder of inventors, the patent would not be invalid but could be rectified by the Director of Patents and Trade Marks (the 'Director'). In the U.K., the Comptroller has powers to deal with a wide variety of cases involving entitlement to ownership of a patent. The situations include but are not limited to cases where some but not all of the persons entitled to the grant have been granted the patent, i.e. non-joinder, or where a person entitled to be granted a patent, has been granted a patent together with a person who is not entitled, i.e. mis-joinder. The thesis will focus on the non-joinder and mis-joinder of inventors, but the U.K. provision addresses a wider field of parties entitled, whether entitled as inventors or on some other basis. In addition, the U.K. and Germany have made provision restricting the persons who are able to challenge a patent on entitlement grounds. This is restricted to those persons having an interest in the patent, rather than open to any person, as is the case in Australia. The Australian decisions have been determined on historic cases dating back to the 17th century. It is timely to consider amendments which will overcome revocation of patents under Australian law, for what is essentially a matter between the persons interested. These amendments will accordingly encourage innovation, particularly in an environment where intellectual property has taken on greater importance and where the identification of the inventor has become more complex as collaborations in research become more common.