Thesis (doctoral)--Dusseldorf, Universiẗat, 2006. / Includes bibliographical references (p. 391-411).

Univ., Habil.-Schr.--Regensburg, 2002. / Literaturverz. S. [641] - 679.

Thesis (doctoral)--Universität, Osnabrück, 1999.

Author's Thesis--Bern. / On spine: Haftungs- u. Vermögensrecht von Gortyn. Bibliography: p. xiv-xx.

Le droit de la responsabilité médicale est sans doute l'un des domaines du droit ayant connu une évolution majeure à l'aune de ce XXIème siècle. Devenu un « véritable laboratoire des instruments de responsabilité civile », il a influé et sera influencé par différentes réformes intervenues très récemment. S'il est communément admis que l'essor des sciences et des techniques a influé sur les méthodes de prise en charge du malade, ces progrès ont également joué sur la manière d'appréhender la responsabilité du médecin que l'étude abordera à travers son activité de prévention, de diagnostic et de soins. L’art médical, dont la capacité de guérir trouvait initialement son essence dans un pouvoir divin, s’est progressivement doté de méthodes d’analyse et d’interprétation scientifiques. Envahi par la probabilité, l’exercice médical s’est technicisé mais s’est aussi systématisé, gagnant peu à peu précision et capacité de prévision. Dès lors, le médecin tente aujourd’hui de prévenir, de maîtriser, d’amoindrir ou d’éviter la survenance d’un événement dommageable, qu’il soit lié à l’état de santé initial du patient ou qu’il résulte du système de santé. Qu’il s’agisse de l’erreur ou de l’aléa, ce dernier est devenu probabilisable et c’est ainsi qu’il finira par être nommé « risque » ou plus exactement « risque résultant du système de santé ». L’idée est donc d’envisager le droit de la responsabilité médicale à l’épreuve de ce risque, étude qui conduira à en réviser les conditions de mise en œuvre à la poursuite d’un équilibre actuellement altéré / Medical liability law is undoubtedly one of the fields of law that has undergone major changes in the light of the 21st century. By becoming a true “civil liability treasure chest”, it has influenced and will in turn be influenced no doubt by various recent reforms. While it is generally agreed that the development of science and technology has strongly influenced patient management and care systems, it has clearly also played a vital role in grasping the physicists’ knowledge of such liability which has in turn been addressed accordingly through prevention, diagnosis and care. Originally based on divine power, the healing capacity of the medical skill has gradually adopted and advanced through analysis and scientific interpretation. With this increased and enhanced probability medical practice has progressively gained accuracy and therefore the capacity to subsequently predict possibilities purely by taking on board this newfound technology. As a result, physicians now aim to avoid, prevent, and lesson damaging situations that stem from the actual health of the patient or those from the health care system itself. Whether medical mistake or misfortune, the latter can therefore be subject to a simple assessment with the aim to highlight a “risk” or more specifically a “risk resulting from the actual health care structure in place”. The notion therefore is to determine this specific liability within medical responsibility, the application of which would then lead to the revision of conditions and the necessary balance

Information duty in pre-contractual negotiations Act no. 89/2012 Sb., the Civil Code, has brought many changes into the private law. The new Civil Code within the frame of pre-contractual liability among other things explicitly embedded in the provision of Section 1728 Subsection 2 the so called general information duty, i. e. a duty of the contracting parties to notify each other of certain circumstances prior to the conclusion of the contract. The paper aspires to define the term and the scope of general information duty with the help of the comparison of approaches toward this duty in other states and with the help of existing judicial (both Czech and foreign) decision making. In certain aspects, documents of European Contract Law were also taken into account owing to the fact that the European Contract Law was used in the process of drafting the valid and effective Civil Code. Even though many sources were used while writing the paper, the scope of general information duty could not be definitely determined. With respect to the fact that no explicit and distinct limits of this duty are set, the main source of knowledge will be judicial decision making which should take a consistent attitude toward a complex issue of general information duty which is inseparably related to the Economic Analysis of Law....

The workplace has evolved dramatically in the past decades. Technology has improved, innovative ways of utilising nuclear power have been developed, new chemicals have been introduced to the market and the adverse effects of other chemicals on both human health and safety and the environment have been discovered. This has influenced the nature of the workplace itself. While employees enjoy a common law right to a safe working environment and health and safety, state intervention currently provides restricted claims to an employee who has sustained injuries or contracted occupational diseases. This thesis explores the effect of section 35 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 which deprives an employee of its common law right to institute civil action against an employer for an injury sustained or disease contracted during the course and scope of employment. Furthermore, this thesis also explores the marriage between the Occupational Health and Safety Act 89 of 1993 and the Compensation for Occupational Injuries and Diseases Act 130 of 1993 as well as the position of ‘employee’ and ‘employer’ insofar as the scope and application of these two acts are concerned with specific reference to the position of labour broker employees. The use of indemnity clauses and its validity in South Africa will also be explored and discussed. This thesis also dedicates a chapter to the leading case authority of Jooste v Score Supermarket Trading (Pty) Ltd and its effect insofar as the enforcement and application of section 35 of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 is concerned. It is impossible to mention all the changes in the workplace that have occurred in the recent years, and this discussion therefore focuses on the current position of employees who have been deprived of their common law right to institute delictual action for damages resulting from an injury sustained while on duty as well as the impact of the current restrictive claims available to them. Alterations to existing approaches are also proposed to resurrect the common law right of employees to institute action against their employers. / Abstract

LL.M. / Organisations are being placed under increased pressure by means of new laws, regulations and standards, to ensure that adequate information security exists within the organisation. The King II report introduced corporate South Africa to the concept of information security in 2002. In the same year the Electronic Communications and Transactions Act 25 of 2002 addressed certain technical information security issues such as digital signatures, authentication, and cryptography. Therefor, South Africa is increasingly focussing its attention on information security. This trend is in line with the approach taken by the rest of the international community, who are giving serious consideration to information security and the governance thereof. As organisations are waking up to the benefits offered by the digital world, information security governance is emerging as a business issue pivotal within the e-commerce environment. Most organisations make use of electronic communications systems such as e-mail, faxes, and the world-wide-web when performing their day-to-day business activities. However, all electronic transactions and communications inevitably involve information being used in one form or another. It may therefor be observed that information permeates every aspect of the business world. Consequently, the need exists to have information security governance in place to ensure that information security prevails. However, questions relating to: which organisation must deploy information security governance, why the organisation should concern itself with this discipline, how the organisation should go about implementing information security governance, and what consequences will ensue if the organisation fails to comply with this discipline, are in dispute. Uncertainty surrounding the answers to these questions contribute to the reluctance and skepticism with which this discipline is approached. This dissertation evolves around the legal implications of information security governance by establishing who is responsible for ensuring compliance with this discipline, illustrating the value to be derived from information security governance, the methodology of applying information security governance, and liability for non-compliance with this discipline, ultimately providing the reader with certainty and clarity regarding the above mentioned questions, while simultaneously enabling the reader to gain a better understanding and appreciation for the discipline information security governance. The discussion hereafter provides those who should be concerned with information security governance with practical, pragmatic advice and recommendations on: (i) The legal obligation to apply information security; (ii) Liability for failed information security; (iii) Guidelines on how to implement information security; and (iv) A due diligence assessment model against which those responsible for the governance and management of the organisation may benchmark their information security efforts.

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