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O objetivo da dissertação é investigar os Pressupostos da Obrigação de Restituir o Enriquecimento sem Causa no Código Civil Brasileiro. O enriquecimento sem causa, que tem antecedentes romanos, é reconhecido no Brasil independente desde os tempos do Império, passou por uma rejeição quando do advento do Código Civil de 1916, que não o previu expressamente, porém retomou sua força ao longo do século XX, ao fim do qual já era corrente a opinião de que se tratava de fonte de obrigações autônoma. Na vigência do Código Civil de 1916 não havia unanimidade quanto à enumeração e ao preenchimento de sentido dos pressupostos da obrigação restituitória. Uma minoria dispensava os requisitos do empobrecimento e da correlação entre o enriquecimento e o empobrecimento em favor de um novo pressuposto, qual seja, o de que o enriquecimento se dê à custa de outrem. O Código Civil de 2002, nos arts. 884 a 886, regulou expressamente o enriquecimento sem causa como fonte de obrigação, sendo que os autores atuais têm em geral indicado como seus pressupostos a existência de um (i) enriquecimento que ocorra (ii) à custa de outrem sem (iii) justa causa e que (iv) não concorra com outro remédio jurídico (i.e., subsidiariedade), não sendo essenciais os requisitos do empobrecimento e da correlação. O estudo dos principais paradigmas cristalizados na doutrina estrangeira, especialmente na portuguesa e na alemã, permitiu a conclusão de que deve ser adotado o paradigma da divisão do instituto do enriquecimento sem causa, pelo qual se investigam os pressupostos da obrigação de acordo com as suas diversas categorias, a saber, no Brasil, o enriquecimento por prestação, o enriquecimento por intervenção e o enriquecimento por despesas efetuadas por outrem. O enriquecimento por prestação tem por pressupostos o (i) enriquecimento em sentido real que (ii) ocorre por prestação (iii) sem justa causa, entendida esta última como a frustração do fim da prestação. O enriquecimento por intervenção tem por pressupostos (i) o enriquecimento (ii) obtido à custa de outrem (iii) sem causa jurídica ou, mais analiticamente, o (i) enriquecimento em sentido patrimonial (ii) obtido pela intromissão em direitos de outrem, quando na verdade (iii) é reservado pela ordem jurídica ao titular da posição jurídica afetada. Já o enriquecimento por despesas efetuadas por outrem tem por pressupostos o (i) enriquecimento em sentido patrimonial cuja (ii) conservação seja vedada pelo ordenamento jurídico e que decorra de uma (iii) despesa efetuada por outrem, sendo a restituição limitada, na circunstância de o beneficio ser imposto, ao que resultar de dispêndios de necessários. A regra da subsidiariedade não consubstancia um pressuposto propriamente dito, pois não integra o suporte fático da obrigação restituitória, funcionando mais como uma norma de sobredireito que fixa o caráter especialíssimo dos arts. 884 e 885 do Código Civil, e tem um sentido concreto, ou seja, somente obsta a pretensão restituitória o meio jurídico alternativo que concretamente forneça a mesma solução que é garantida pelo instituto do enriquecimento sem causa. Por fim, pela análise de dois grupos de casos comuns na jurisprudência, concluiu-se que, por falta de familiaridade com a lei, os tribunais brasileiros, ao menos quanto aos casos pesquisados, ainda não deram efetividade ao enriquecimento sem causa como fonte de obrigação. / The purpose of the present thesis is to unveil the requisites of the obligation based on the law of restitution according to the Brazilian Civil Code. The law of restitution, which has its roots in the Roman law, has been acknowledged in independent Brazil since the 19th century. In spite of the fact that it has not been expressly stated in the Brazilian Civil Code of 1916, the authors throughout the 20th century have recognized the unjust enrichment as an obligation-creating event. Nevertheless, the doctrine under the Civil Code of 1916 was not unanimous regarding the enumeration and the content of the requirements of the restitutionary obligation. In fact, there was a minority that downplayed the requisites of both impoverishment and correlation between the enrichment and the impoverishment in favor of others, i.e., that the enrichment occurs at the plaintiffs expense. The rise of the unjust enrichment as an obligation-creating event had its climax with the publication of the 2002 Brazilian Civil Code. Specifically, its articles 884, 885 and 886 included the phenomenon amidst the source of obligations. Under the new Code, it has been generally assumed that the requisites underlying the unjust enrichment are the presence of an (i) unjust (ii) enrichment (iii) at the plaintiffs expense that (iv) does not compete with an alternative legal remedy (i.e., rule of subsidiarity). The requirements of impoverishment and correlation aforementioned were abandoned by most authors. An adequate answer to the questions regarding the requisites of the restitutionary obligation, however, demands the analysis of the paradigms crystallized in the foreign doctrine, especially of the German and Portuguese legislation. It has been concluded that the paradigm of the categorization of the unjust enrichment has to be adopted. In compliance with this perspective, the requisites underlying the restitutionary obligation have to be investigated pursuant to the different categories, namely the enrichment through transfers, the enrichment through interference and the enrichment through expenditures made by the plaintiff. The requisites of the restitution based on enrichment through transfers are (i) the enrichment in its objective sense that (ii) occurs through the performance of a conscious and goal oriented patrimonial increment in which it is evident (iii) the failure of this particular goal. Importantly, this goal is sought to be assessed objectively from the unilateral manifestation of the performer, in conformity to the good-faith principle. The restitution based on enrichment through interference has as requirements (i) the enrichment in its subjective sense (ii) obtained through the interference with the rights (iii) legally reserved to the plaintiff. Finally, the requirements of the restitution based on enrichment through expenditures made by the plaintiff are (i) the subjective enrichment (ii) that the law forbids and that is originated from (iii) an expense effectuated by the plaintiff. In the particular case of an imposed enrichment, the restitution is constrained to the incontrovertible benefits resulting from the act of the plaintiff. Because the subsidiarity rule does not integrate the fattispecie of the restitutionary obligation, it does not substantiate a requisite by itself. The subsidiarity rule functions rather as a secondary norm that determines the character of lex specialis of the articles 884 and 885 of the Civil Code. Additionally, the subsidiarity rule has a concrete character, i.e., the restitutionary pretensions are only prevented by an alternative legal remedy that offers an effective solution that is identical to the one ensured by the law of restitution.

O objetivo da dissertação é investigar os Pressupostos da Obrigação de Restituir o Enriquecimento sem Causa no Código Civil Brasileiro. O enriquecimento sem causa, que tem antecedentes romanos, é reconhecido no Brasil independente desde os tempos do Império, passou por uma rejeição quando do advento do Código Civil de 1916, que não o previu expressamente, porém retomou sua força ao longo do século XX, ao fim do qual já era corrente a opinião de que se tratava de fonte de obrigações autônoma. Na vigência do Código Civil de 1916 não havia unanimidade quanto à enumeração e ao preenchimento de sentido dos pressupostos da obrigação restituitória. Uma minoria dispensava os requisitos do empobrecimento e da correlação entre o enriquecimento e o empobrecimento em favor de um novo pressuposto, qual seja, o de que o enriquecimento se dê à custa de outrem. O Código Civil de 2002, nos arts. 884 a 886, regulou expressamente o enriquecimento sem causa como fonte de obrigação, sendo que os autores atuais têm em geral indicado como seus pressupostos a existência de um (i) enriquecimento que ocorra (ii) à custa de outrem sem (iii) justa causa e que (iv) não concorra com outro remédio jurídico (i.e., subsidiariedade), não sendo essenciais os requisitos do empobrecimento e da correlação. O estudo dos principais paradigmas cristalizados na doutrina estrangeira, especialmente na portuguesa e na alemã, permitiu a conclusão de que deve ser adotado o paradigma da divisão do instituto do enriquecimento sem causa, pelo qual se investigam os pressupostos da obrigação de acordo com as suas diversas categorias, a saber, no Brasil, o enriquecimento por prestação, o enriquecimento por intervenção e o enriquecimento por despesas efetuadas por outrem. O enriquecimento por prestação tem por pressupostos o (i) enriquecimento em sentido real que (ii) ocorre por prestação (iii) sem justa causa, entendida esta última como a frustração do fim da prestação. O enriquecimento por intervenção tem por pressupostos (i) o enriquecimento (ii) obtido à custa de outrem (iii) sem causa jurídica ou, mais analiticamente, o (i) enriquecimento em sentido patrimonial (ii) obtido pela intromissão em direitos de outrem, quando na verdade (iii) é reservado pela ordem jurídica ao titular da posição jurídica afetada. Já o enriquecimento por despesas efetuadas por outrem tem por pressupostos o (i) enriquecimento em sentido patrimonial cuja (ii) conservação seja vedada pelo ordenamento jurídico e que decorra de uma (iii) despesa efetuada por outrem, sendo a restituição limitada, na circunstância de o beneficio ser imposto, ao que resultar de dispêndios de necessários. A regra da subsidiariedade não consubstancia um pressuposto propriamente dito, pois não integra o suporte fático da obrigação restituitória, funcionando mais como uma norma de sobredireito que fixa o caráter especialíssimo dos arts. 884 e 885 do Código Civil, e tem um sentido concreto, ou seja, somente obsta a pretensão restituitória o meio jurídico alternativo que concretamente forneça a mesma solução que é garantida pelo instituto do enriquecimento sem causa. Por fim, pela análise de dois grupos de casos comuns na jurisprudência, concluiu-se que, por falta de familiaridade com a lei, os tribunais brasileiros, ao menos quanto aos casos pesquisados, ainda não deram efetividade ao enriquecimento sem causa como fonte de obrigação. / The purpose of the present thesis is to unveil the requisites of the obligation based on the law of restitution according to the Brazilian Civil Code. The law of restitution, which has its roots in the Roman law, has been acknowledged in independent Brazil since the 19th century. In spite of the fact that it has not been expressly stated in the Brazilian Civil Code of 1916, the authors throughout the 20th century have recognized the unjust enrichment as an obligation-creating event. Nevertheless, the doctrine under the Civil Code of 1916 was not unanimous regarding the enumeration and the content of the requirements of the restitutionary obligation. In fact, there was a minority that downplayed the requisites of both impoverishment and correlation between the enrichment and the impoverishment in favor of others, i.e., that the enrichment occurs at the plaintiffs expense. The rise of the unjust enrichment as an obligation-creating event had its climax with the publication of the 2002 Brazilian Civil Code. Specifically, its articles 884, 885 and 886 included the phenomenon amidst the source of obligations. Under the new Code, it has been generally assumed that the requisites underlying the unjust enrichment are the presence of an (i) unjust (ii) enrichment (iii) at the plaintiffs expense that (iv) does not compete with an alternative legal remedy (i.e., rule of subsidiarity). The requirements of impoverishment and correlation aforementioned were abandoned by most authors. An adequate answer to the questions regarding the requisites of the restitutionary obligation, however, demands the analysis of the paradigms crystallized in the foreign doctrine, especially of the German and Portuguese legislation. It has been concluded that the paradigm of the categorization of the unjust enrichment has to be adopted. In compliance with this perspective, the requisites underlying the restitutionary obligation have to be investigated pursuant to the different categories, namely the enrichment through transfers, the enrichment through interference and the enrichment through expenditures made by the plaintiff. The requisites of the restitution based on enrichment through transfers are (i) the enrichment in its objective sense that (ii) occurs through the performance of a conscious and goal oriented patrimonial increment in which it is evident (iii) the failure of this particular goal. Importantly, this goal is sought to be assessed objectively from the unilateral manifestation of the performer, in conformity to the good-faith principle. The restitution based on enrichment through interference has as requirements (i) the enrichment in its subjective sense (ii) obtained through the interference with the rights (iii) legally reserved to the plaintiff. Finally, the requirements of the restitution based on enrichment through expenditures made by the plaintiff are (i) the subjective enrichment (ii) that the law forbids and that is originated from (iii) an expense effectuated by the plaintiff. In the particular case of an imposed enrichment, the restitution is constrained to the incontrovertible benefits resulting from the act of the plaintiff. Because the subsidiarity rule does not integrate the fattispecie of the restitutionary obligation, it does not substantiate a requisite by itself. The subsidiarity rule functions rather as a secondary norm that determines the character of lex specialis of the articles 884 and 885 of the Civil Code. Additionally, the subsidiarity rule has a concrete character, i.e., the restitutionary pretensions are only prevented by an alternative legal remedy that offers an effective solution that is identical to the one ensured by the law of restitution.

Yes / Global manufacturing industry mostly depends on new product development and processes to become competitive. The product development process for automotive industry is normally complicated, lengthy, expensive, and risky. Hence, a study of lean manufacturing processes for low volume manufacturing in automotive industry is proposed to overcome this issue by eliminating all wastes in the lengthy process. This paper presents a conceptual design approach to the development of a hybrid Knowledge Based (KB) system for lean process in Low Volume Automotive Manufacturing (LVAM). The research concentrates on the low volume processes by using a hybrid KB system, which is a blend of KB system and Gauging Absences of Pre-requisites (GAP). The hybrid KB/GAP system identifies all potential waste elements of low volume process manufacturing. The KB system analyses the difference between the existing and the benchmark standards for lean process for an effective implementation through the GAP analysis technique. The proposed model explores three major lean process components, namely Employee Involvement, Waste Elimination, and Kaizen (continuous improvement). These three components provide valuable information in order for decision makers to design and implement an optimised low volume manufacturing process, but which can be applied in all process manufacturing, including chemical processing.

Yes / The current healthcare systems have numerous gaps that need to be filled to reach the best practice. This paper presents a novel approach to design and validate a hybrid knowledge-based system (KBS) to evaluate QM of healthcare environment (QMHE) using a hybrid system that has not been used before. It will be combined with gauge absence perquisite (GAP) method to sustain a successful operation of the large number of key performance indicators (KPIs) that involved in QMHE and to detect the gap between each KPI and the anticipated point. Out of 354 KB rules answered, the system has categorised 225 as GPs and the remaining 128 as BPs. The 128 bad points are categorised into different problem categories (20 PC-1, 34 PC-2, 34 PC-3, 40 PC-4, and 0 PC-5) where they represent the actions that need to be enhanced to reach the desired level of quality management.

This study evolved because of the researcher’s need to inquire whether visualmotor integration and fine motor coordination contribute to a child’s readiness to acquire handwriting skills. As school-going age is a controversial topic in the South- African context, the researcher set out to compare the readiness to acquire handwriting skills between two groups of Grade 1 children. This study was developed to determine whether a relationship existed between visual-motor integration and fine motor coordination as part of handwriting readiness, and acquiring handwriting skills in two age groups namely five-year-old children and six-year-old children. Initially the characteristics of the two age groups were determined. This was followed by establishing the level of development for visual-motor integration, fine motor coordination and handwriting skills in both age groups as well as comparing the levels of development. The abovementioned was obtained through the Miller Function and Participation Scales en the Minnesota Handwriting Assessment. Lastly, the scores for visual-motor integration and fine motor integration were correlated to the six categories of the Minnesota Handwriting Assessment. Both age groups presented with overall age appropriate abilities in visual-motor integration and fine motor coordination. The six-year-old group did better on all six of the categories for handwriting in the Minnesota Handwriting Assessment when compared to the five-year-old group. There was a significant difference (p=0.0049) between the visual-motor integration scores between the two age groups. No significant difference between the two age groups was recorded in fine motor coordination. A significant negative correlation was detected between visual-motor integration and the categories of legibility (r=-0.4029), form (r=-0.4300), size (r=-0.4087) and spacing (r=-0.3832) in the five-year-old group. The six-year-old group presented with a strong negative correlation between visual-motor integration and the category of rate (r=-0.3930). When correlating the fine motor coordination score with the categories of the Minnesota Handwriting Assessment, a strong negative correlation was detected with the categories of legibility (r=-0.3850) and spacing (r=-0.4697) in the five-yearold group. The six-year-old group did not present with significant correlations between fine motor coordination and the six categories of the Minnesota Handwriting Assessment. This study confirmed that a relationship exists between visual-motor integration, fine motor integration and handwriting skills. This relationship was not always clear and was influenced by different aspects such as age, maturity as well as the assessment instruments used. This study focused on only one district in Tshwane, which limited the data. The two age groups in this study were not matched for gender, ethnicity and handedness. / Dissertation (MOccTher)--University of Pretoria, 2013. / gm2014 / Occupational Therapy / unrestricted

The automotive manufacturing facility is extremely complex and expensive system. Managing and understanding the dynamics of automotive manufacturing is a challenging endeavour. In the current era of dynamic global competition, a new concept such as Collaborative Lean Manufacturing Management (CLMM) can be implemented as an alternative for organisations to improve their Lean Manufacturing Management (LMM) processes. All members in the CLMM value chain must work together towards common objectives in order to make the LMM achievable in the collaborative environment. The novel research approach emphasises the use of Knowledge-Based (KB) approach in such activities as planning, designing, assessing and providing recommendations of CLMM implementation, through: a) developing the conceptual CLMM model; b) designing the KBCLMM System structure based on the conceptual model; and c) implementing Gauging Absences of Pre-requisites (GAP) analysis and Analytic Hierarchy Process (AHP) approach in the hybrid KBCLMM. The development of KBCLMM Model is the most detailed part in the research process and consists of five major components in two stages. Stage 1 (Planning stage) consists of Organisation Environment, Collaborative Business and Lean Manufacturing components. Stage 2 (Design stage) consists of Organisation CLMM Capability and Organisation CLMM Alignment components. Each of these components consists of sub-components and activities that represent particular issues in the CLMM development. From the conceptual model, all components were transformed into the KBCLMM System structure, which is embedded with the GAP and AHP techniques, and thus, key areas of potential improvement in the LMM are identified for each activity along with the identification of both qualitative and quantitative aspects for CLMM implementation. In order to address the real situation of CLMM operation, the research validation was conducted for an automotive manufacturer¿s Lean Manufacturing Chain in Malaysia. Published case studies were also used to test several modules for their validity and reliability. This research concludes that the developed KBCLMM System is an appropriate Decision Support System tool to provide the opportunity for academics and industrialists from the fields of industrial engineering, information technology, and operation management to plan, design and implement LMM for a collaborative environment. / Universiti Utara Malaysia and Ministry of Higher Education of Malaysia

To improve their services and maintain patients’ satisfaction, healthcare organisations have adopted and applied different quality tools and models in recent times, with some even developing their own quality-based initiatives. For example, the approach of Lean Six Sigma (L6σ) has recently been gradually and slowly implemented in healthcare institutions. However, the nature and complexity of healthcare environment which directly impact on humans require leaders to carefully apply appropriate Quality Management (QM) systems suitable for this critical environment. The aim of this research project is to develop a Knowledge Based System (KBS) to assist healthcare managers and practitioners during decision-making process in the context of achieving excellent benchmark and action plans prioritisation. The system will be built based on a conceptual framework for Quality Management in Healthcare Environment (QMHE) which will be modified into a model. The KBS will be developed from this model with the integration of Gauging Absence of Pre-requisite (GAP) method for benchmarking and Analytical Hierarchy Process (AHP) method for prioritisation. The contribution of this research is the use of KBS with GAP and AHP to develop an integrated Knowledge-Based Lean Six Sigma (KB-L6σ) in QMHE. This will accomplish the necessities of investigating quality problems and recommend suitable solutions according to international best practices. It will use a systematic approach that can be applied multiple times, follow defined steps to secure consistency in the approach and integrate different healthcare management levels to maintain strategic decision-making alignment. It consists of 964 KB rules that have been produced via a knowledge acquisition process from the literature and interviewing experts in the field of QM and L6σ in healthcare environment. Feedback from conferences and system testing were used for the verification of the model, whilst validation was carried out through three case studies implementation at three tertiary hospitals in Oman. The analysis of using the KB system in these hospitals has shown clearly that the developed system is a consistent and reliable methodology for assisting decision-makers in designing, planning, and implementing L6σ for QMHE.

The automotive manufacturing facility is extremely complex and expensive system. Managing and understanding the dynamics of automotive manufacturing is a challenging endeavour. In the current era of dynamic global competition, a new concept such as Collaborative Lean Manufacturing Management (CLMM) can be implemented as an alternative for organisations to improve their Lean Manufacturing Management (LMM) processes. All members in the CLMM value chain must work together towards common objectives in order to make the LMM achievable in the collaborative environment. The novel research approach emphasises the use of Knowledge-Based (KB) approach in such activities as planning, designing, assessing and providing recommendations of CLMM implementation, through: a) developing the conceptual CLMM model; b) designing the KBCLMM System structure based on the conceptual model; and c) implementing Gauging Absences of Pre-requisites (GAP) analysis and Analytic Hierarchy Process (AHP) approach in the hybrid KBCLMM. The development of KBCLMM Model is the most detailed part in the research process and consists of five major components in two stages. Stage 1 (Planning stage) consists of Organisation Environment, Collaborative Business and Lean Manufacturing components. Stage 2 (Design stage) consists of Organisation CLMM Capability and Organisation CLMM Alignment components. Each of these components consists of sub-components and activities that represent particular issues in the CLMM development. From the conceptual model, all components were transformed into the KBCLMM System structure, which is embedded with the GAP and AHP techniques, and thus, key areas of potential improvement in the LMM are identified for each activity along with the identification of both qualitative and quantitative aspects for CLMM implementation. In order to address the real situation of CLMM operation, the research validation was conducted for an automotive manufacturer's Lean Manufacturing Chain in Malaysia. Published case studies were also used to test several modules for their validity and reliability. This research concludes that the developed KBCLMM System is an appropriate Decision Support System tool to provide the opportunity for academics and industrialists from the fields of industrial engineering, information technology, and operation management to plan, design and implement LMM for a collaborative environment.

The product development process for the automotive industry is normally complicated, lengthy, expensive, and risky. Hence, a study on a new concept for Low Volume Automotive Manufacturing (LVAM), used for niche car models manufacturing, is proposed to overcome this issue. The development of a hybrid Knowledge Based (KB) System, which is a blend of KB System, Gauging Absences of Pre-requisites (GAP), and Analytic Hierarchy Process (AHP) is proposed for LVAM research. The hybrid KB/GAP/AHP System identifies all potential elements of LVAM issues throughout the development of this system. The KB System used in the LVAM analyses the gap between the existing and the benchmark organisations for an effective implementation. The novelty and differences in the current research approach emphasises the use of Knowledge Based (KB) System in the planning and designing stages by suggesting recommendations of LVAM implementation, through: a) developing the conceptual LVAM model; b) designing the KBLVAM System structure based on the conceptual LVAM model; and c) embedding Gauging Absences of Pre-requisites (GAP) analysis and Analytic Hierarchy Process (AHP) approach in the hybrid KBLVAM System. The KBLVAM Model explores five major perspectives in two stages. Planning Stage (Stage 1) consists of Manufacturer Environment Perspective (Level 0), LVAM Manufacturer Business Perspective (Level 1), and LVAM Manufacturer Resource Perspective (Level 2). Design Stage (Stage 2) consists of LVAM Manufacturer Capability - Car Body Part Manufacturing Perspective (Level 3), LVAM Manufacturer Capability - Competitive Priorities Perspective (Level 4), and LVAM Manufacturer Capability - Lean Process Optimisation Perspective (Level 5). Each of these perspectives consists of modules and sub-modules that represent specific subjects in the LVAM development. Based on the conceptual LVAM model, all perspectives were transformed into the KBLVAM System structure, which is embedded with the GAP and AHP techniques, hence, key areas of potential improvement are recommended for each activity for LVAM implementation. In order to be able to address the real situation of LVAM environment, the research verification was conducted for two automotive manufacturers in Malaysia. Some published case studies were also used to check several modules for their validity and reliability. This research concludes that the developed KBLVAM System provides valuable decision making information and knowledge to assist LVAM practitioners to plan, design and implement LVAM in terms of business organisation, manufacturing aspects and practices.