This diploma thesis deals with the content of the consumer contract and its regulation from the perspective of consumers. The aim of this thesis is to analyse this particular regulation, decide whether it is sufficient, where can be seen some deficiencies and whether the regulations fulfil its function, that is to protect the weaker party. The thesis is divided into five fundamental parts. The first one is concerned with the introductory issues, such as the consumer itself, consumer protection, why is the consumer actually protected, the principles on which is the protection based. The second part looks into the unfair terms in consumer contracts. The emphasis is placed on problematic provisions with respect to the Court of Justice case-law as well as the national case-law. An independent head is devoted to the possibility of the contractual penalty in terms of trade. The third section deals with contractual information requirements. It summarizes the European regulation. It also compares the preceding regulation with the new one in order to find the current tendencies. The contractual information requirements are viewed critically, based on specialized comments and analysis. The national regulation is divided into the general regulation and consumer regulation considering the difference between...

Submitted by Silvana Teresinha Dornelles Studzinski (sstudzinski) on 2016-11-17T15:28:54Z No. of bitstreams: 1 Márcio Lembi Teles_.pdf: 1859021 bytes, checksum: 5dc2746be44c5f2b865c68ec0b4c0db0 (MD5) / Made available in DSpace on 2016-11-17T15:28:54Z (GMT). No. of bitstreams: 1 Márcio Lembi Teles_.pdf: 1859021 bytes, checksum: 5dc2746be44c5f2b865c68ec0b4c0db0 (MD5) Previous issue date: 2016-09-16 / Nenhuma / Este trabalho apresenta uma análise fatorial, através de fluidodinâmica computacional, do escoamento e transferência de calor para fluidos viscoplásticos a partir de um cilindro confinado entre paredes paralelas. Considera-se que as propriedades reológicas sensíveis à temperatura, o que acopla os problemas térmico e fluidodinâmico de forma bilateral. Foi desenvolvida uma formulação baseada no método estabilizado de elementos finitos Galerkin Mínimos Quadrados (GLS – Galerkin Leart-Squares) para a aproximação de escoamentos não newtonianos com transferência de calor e propriedades reológicas termodependentes. Esta formulação foi implementada em um código computacional próprio. Para a modelagem das tensões viscosa, foi utilizado um modelo de líquido newtoniano generalizado, com função viscosidade dada pelo modelo de Herschel-Bulkley regularizado conforme Papanastasiou e propriedades termodependentes – a tensão inicial de escoamento e o índice de consistência. Os resultados numéricos foram investigados utilizando os adimensionais: número de Reynolds (Re), número de Herschel-Bulkley (Hb), número de Prandtl (Pr), índice de potência (n) e coeficientes de dependência térmica (a* e b*). Foi realizado um planejamento experimental fatorial completo 2K, com objetivo de avaliar a influência destes parâmetros na taxa de transferência de calor, através do número de Nusselt (Nu), e na perda de carga localizada devido à obstrução do canal pelo cilindro. / This paper presents a factor analysis using computational fluid dynamics, flow and heat transfer for viscoplastic fluids from a cylinder confined between parallel walls. It is considered that the rheological properties sensitive to temperature, which couples the thermal and fluid dynamic problems bilaterally. It was developed a formulation based on stabilized finite element method Galerkin Least Squares (GLS - Galerkin Leart-Squares) for approaching non-Newtonian flow with heat transfer and rheological properties dependent terms. This formulation has been implemented in a proper computer code. For the modeling of viscous stresses, a generalized Newtonian fluid model was used, with viscosity function given by the Herschel-Bulkley regularized model as Papanastasiou and properties dependent terms – the initial yield stress and consistency index. The numerical results were investigated using the dimensionless: Reynolds number (Re), Herschel-Bulkley number (Hb), Prandtl number (Pr), potency index (n) and temperature dependence coefficients (a* and b*). It conducted a full factorial experimental design 2K, with objective to evaluate the influence of these parameters on the heat transfer rate, through the Nusselt number (Nu), and localized head loss due to the cylinder by duct obstruction.

The present study was undertaken to investigate the concerns of secondary school teacher-librarians, that the subject headings set down by the Australian Schools Catalogue Information Service (ASCIS) do not cover topics in senior sourses of study. NSW HSC Economics was chosen to test this perception. Terms were extracted from three textual sources (syllabus, textbook and examination papers) and checked against the subject headings in the ASCIS Subject Headings List. A comparison was made between terms which matched exactly, those which were only partially matched and those which had no match. The linguistic complexity of the term (single-word or multi-word) and the number of textual sources using the term were also taken into account. The results showed a varying degree of match between textual terms and subject headings. Single-word terms found in more than one textual source were much more likely to be found in the subject headings than those from only one textual source. Multi-word terms were found less frequently than single-word terms, but were also more likely to be found when they came from more than one textual source. There was a large number of partial matches in this group, and these were found to be more general in concept than the textual terms. Most of the terms were found, but the general nature of the partial matches and the lack of adequate cross references may cause problems in subject analysis and retrieval.

<p>Geographical indications designate products which have a specific geographical origin, which can either be national, regional or local. The subject is complicated since geographical indications arises a large number of questions There are EC regulations which regulate the protection of geographical indications, but since the field has not yet been exhaustively harmonized, the existence of national rules of protection is therefore still possible, which can lead to trade barriers between the member states. Consequently, one problem consists in whether it may be legitimate to restrict the free movement of goods by article 28 in the EC Treaty by referring to national rules of protection and to what extent such measures may be justified by article 30 or by the Cassis doctrine. An additional question consists in how the line between geographical indications and generic terms is to be established appropriately. Further, geographical indications are exposed to improper use by other dishonest commercial operators and therefore the possibilities of protection against unfair competition and misleading are also discussed in the thesis. Since there are several questions which are unanswered regarding geographical indications, the purpose of this essay is to analyze what kind of intellectual property right geographical indications constitute and how they are protected.</p>

Geographical indications designate products which have a specific geographical origin, which can either be national, regional or local. The subject is complicated since geographical indications arises a large number of questions There are EC regulations which regulate the protection of geographical indications, but since the field has not yet been exhaustively harmonized, the existence of national rules of protection is therefore still possible, which can lead to trade barriers between the member states. Consequently, one problem consists in whether it may be legitimate to restrict the free movement of goods by article 28 in the EC Treaty by referring to national rules of protection and to what extent such measures may be justified by article 30 or by the Cassis doctrine. An additional question consists in how the line between geographical indications and generic terms is to be established appropriately. Further, geographical indications are exposed to improper use by other dishonest commercial operators and therefore the possibilities of protection against unfair competition and misleading are also discussed in the thesis. Since there are several questions which are unanswered regarding geographical indications, the purpose of this essay is to analyze what kind of intellectual property right geographical indications constitute and how they are protected.

<p>There is a growing interplay of competing realities facing the international community in the general areas of innovation, technological advancement and overall economic development. The highly industrialised wealthy nations, largely located on the Northern hemisphere are on the one hand undoubtedly at the forefront in global research, technology and infrastructure development. The developing and least developed countries on the other hand are mostly situated on the Southern hemisphere. They are not as wealthy or technologically advanced as their&nbsp / Northern counterparts, but are naturally endowed with unique variations of plant, animal and micro-organism species occurring in natural ecosystems, as well as the traditional knowledge on&nbsp / how to use these unique species. This knowledge has been adjudged to be responsible for the sustainable maintenance of the earth&rsquo / s biodiversity. Increasing exploitation of biodiversity,&nbsp / spurred on by the competing realities identified above, has left the earth in a present state of alarm with respect to the uncontrolled loss of biodiversity. The traditional knowledge of local&nbsp / peoples has significantly offered leads to research institutes from the North in developing major advancements in drugs, cosmetics and agriculture. Little or no compensation has however been seen to go back to the indigenous&nbsp / communities and countries that provide resources, and indicate various possibilities through their traditional knowledge to the use of such resources. Efforts by some biodiversity rich countries to&nbsp / ddress this trend through legislation developed in accordance with the principles of the Convention on Biological Diversity have been frustrated due to the inability to enforce their domestic laws outside their borders. Theft of genetic resources and its associated traditional knowledge&nbsp / from such countries has therefore remained a major challenge. Against this backdrop, and on the&nbsp / insistence of biodiversity-rich developing countries, an international regime on access and benefit sharing was negotiated and its final text adopted in 2010. This international regime is as&nbsp / contained in the Nagoya Protocol. This research sets out to examine whether the Nagoya Protocol offers a final solution to the protection of traditional knowledge associated with biodiversity in&nbsp / biodiverse countries. It further examines the importance of domestic legislation in achieving the objectives of the Protocol. The research has been tailored to African biodiverse countries, and&nbsp / seeks these answers within the context of Africa.<br /> &nbsp / </p>

The grass of wetlands in northern Sweden has been utilized for mowing and pasture even in our time. There are a large number of words and expressions, expecially in the dialects, to denote and describe the various types of wetlands.The chief aim of the thesis is to investigate some 40 wetland terms in a limited area - the old parish of Luleå, Norrbotten, in northern Sweden - in order to establish their distribution, meanings and use. The aim of the study is also to illustrate different semantic aspects, such as semantic features, semantic fields, the relationship between common nouns and place-names, as well as explanations based on the appearance of the wetlands. The material consists of words that derive from archives, the literature on the subject and interviews with 43 informants, and has been supplemented with studies of the wetlands themselves.Three semantically similar words, drävj, dröla and dovei, are scrutinized and compared with reference to their frequency and distribution, position, humidity, vegetation, form and depth of the ground. To illustrate the relationship between words and referents the author investigates what words are used about (small) muddy pools in a swamp (mire) and about the dry parts of a swamp (in technical language called flarkar and strängar, respectively). The words drävj and dröla are compared with five other words for 'depression/hollow' etc. and 'small pool' etc. Similarities and differences are illustrated in three figures on the basis of criteria like depression/hollow, humidity and size. The words are often explained with reference to special places in the area or to adjacent places, the names of which contain the word in question. With two pairs of words as examples, grande and skärpa, and drävj and dröla, respectively, the author investigates the meanings of the words and their referents and the explanatory strategies of the informants.The author stresses the dependence of word explanations and the learning of words on their contexts and functional situations. This aspect is illustrated in a chapter which summerizes how the author's semantic views of dövel, dröla and drävj have been formed. This is done with reference to the so-called prototype theory. / digitalisering@umu

Tidigare forskning har visat samband mellan språkanvändning och den uppfattning som kvinnor själva och samhället har om våld och övergrepp. Kvinnor som har blivit utsatta för våld och övergrepp möter ofta misstro och skuldbeläggande från omgivningen, vilket leder till att de inte blir trodda och att förövaren i många fall inte döms. I detta arbete undersöks hur en viss språkanvändning framställer våld och övergrepp på ett sätt som bland annat skuldbelägger offret, och vilka konsekvenser den språkanvändningen får. Metoden för arbetet är diskursanalys, och består av en textgranskning av domar från en svensk tingsrätt. Resultaten visar att rätten beskriver våld och övergrepp på ett sätt som leder till konsekvenser som att våldet döljs, förövarens ansvar minskas samt att offret skuldbeläggs. Resultatet leder till förslag på hur rätten istället ska beskriva våld och övergrepp, för att undvika ovan nämnda konsekvenser. Resultatet mynnar också ut i ett förslag till förändring av svensk lagstiftning, men det konstateras även att denna lagändring möjligtvis måste föregås av en samhällelig förändring i stort. / Earlier research has demonstrated a link between language and the view that women themselves and society have of violence and abuse. Women who have experienced violence and abuse often face suspicion and blame from society, which leads to that they are not believed and that the perpetrator in many cases, is not convicted. This study focuses on how the language used in a Swedish court describes violence and abuse in ways that leads to the blaming of the victim, and the further consequences of that specific use of language. The method used in this thesis is discourse analysis, and the empirical study consists of a text review of court judgements by a Swedish court. Findings are that the court describes violence and abuse in a way that leads to that violence is hidden, the perpetrator's responsibility is reduced and the victim gets blamed. The result leads to suggestions on how the court could describe violence and abuse differently, in order to avoid these negative consequences. The result also points towards a proposal for a change in Swedish law, although this change in the law might possibly be preceded by a change in society in general.

University of Macau / Faculty of Social Sciences and Humanities / Department of Chinese

University of Macau / Faculty of Social Sciences and Humanities / Department of Chinese