The aim of this thesis is to analyse the directors disqualification provisions (SS.63-67 BCA) and wrongful trading provisions (S.68 BCA) and to provide their comparison in the light of British model regulation. First chapter is introductory and provides a brief introduction into the topic. Second chapter deals with the law & economics aspects of the regulation. More specifically it introduces various stakeholders in company and their interests and incentives. Third chapter focuses on the relationship between the director and the company. Further attention is paid to the managerial contract, the duty to avoid insolvent liquidation, the duty of care and the business judgement rule. Fourth chapter deals with the director's liability towards the company. Fifth chapter relates to the directors disqualification. In this chapter grounds for disqualification are dealt with as well as temporal, personal and territorial reach of the directors disqualification. Further attention is paid to the consequences of disqualification and consequences of a breach of the disqualification order. Sixth chapter looks at Company Directors Disqualification Act and finds similarities and differences in both regulations. Seventh chapter looks at the wrongful trading provisions contained in the BCA. Adequate attention is...

The Commercial contract of purchase (law and perspectives) The contract of purchase is one of the most concluded contracts between artificial persons as well as between natural legal persons. It is surely appropriate to analyse modifications related to New Civil Code that is being drafted and means one of the biggest legislative changes that is being made in almost fifty years in the Czech private law. Therefore, the purpose of my thesis is to analyze both an effective law of the commercial contract of purchase including the international level, and forthcoming changes first and foremost related to liability for defects, consequences for the attainment of the ownership from the wrongful proprietor in general as well as in connection with real estate. I divided the thesis in two main parts; the first one is dealing with an effective law of the commercial contract of purchase, the second one is dealing with legal regulation in New Civil Code according to contract of purchase. Each of these parts is divided into minor chapters for better lucidity. In the first part I describe International sale of goods regulated by United Nations Convention on Contracts for the International Sale of Goods and its application, then by effective law of the commercial contract of purchase in Czech Republic. Within the...

The term "exonerated"‖refers to a legal acquittal of a former conviction due to the introduction of new evidence. Since 1989, the number of legal xonerations has increased dramatically due to DNA and other new evidentiary technologies that can demonstrate innocence of formally convicted persons. This research focuses on the lived experience of exoneration and its aftermath through a life history of John Thompson (JT), a New Orleans native, convicted of murder and sentenced to death in 1985. In 2003, after eighteen years in Angola, the Louisiana State Penitentiary, fourteen on death row, JT was exonerated. Exoneration theoretically removes the official stigma of conviction and restores full civil rights on former prisoners such as JT. Yet ―exonerees‖ face all the social, political, and personal problems that characterize the post-release experience of convicted felons. JT‘s experience is an important case of exonerees‘ quest for the restoration of standing, justice and compensation.

How would you feel if after having spent many years incarcerated for a crime that you did not commit and when finally you are released to a broken life where there is nobody to respond effectively to all the damages that you have and that you will continue to endure due to an unfortunate miscarriage of justice? In Canada, compensation for wrongful convictions is a legal issue which has yet to find a solution for those who the government has denied to pay compensation for and the damages such wrongful conviction brought to their lives. This thesis will analyze the legal problem of compensation for wrongful convictions in Canada from a tort law perspective and will present an alternative to the existing regime to serve justice to those who have been victims of miscarriages of justice.

How would you feel if after having spent many years incarcerated for a crime that you did not commit and when finally you are released to a broken life where there is nobody to respond effectively to all the damages that you have and that you will continue to endure due to an unfortunate miscarriage of justice? In Canada, compensation for wrongful convictions is a legal issue which has yet to find a solution for those who the government has denied to pay compensation for and the damages such wrongful conviction brought to their lives. This thesis will analyze the legal problem of compensation for wrongful convictions in Canada from a tort law perspective and will present an alternative to the existing regime to serve justice to those who have been victims of miscarriages of justice.

Available research demonstrates that public perceptions and beliefs about the Criminal Justice System (CJS) differ from its actual processes and procedures, but there is little research on the effects of such a difference, specifically with regard to wrongful accusation and/or conviction of factually innocent persons, and their families. Perceptions and beliefs, held as reliable and accurate knowledge, may impact on wrongful accusation/conviction of the factually innocent, both on the lived experiences of wrongly accused/convicted persons themselves, and on perceptions held about them (and responses to calls for case reviews) within the wider public. Although a great deal of research has been carried out on the subject of wrongful conviction generally, this has focussed, in the main, on legal, procedural and structural causes of wrongful conviction, and, in particular, on a small number of ‘high profile’ cases. This research examines perceptions and beliefs held as knowledge by individuals claiming to be factually innocent, wrongly accused/convicted persons, and the results of attempts to employ such perceptions and beliefs to maintain claims of innocence. Further, the experiences of family and friends of the wrongly convicted, whose lives continue in the community following the conviction of their family member, are examined, with particular attention to the interface of beliefs and perceptions between such families and the wider community. To a lesser extent, the role of the media, in shaping public opinion, the effects of media coverage on trial procedures and outcomes, and non-reporting or selective reporting is also addressed. A series of semi-structured interviews was carried out throughout the UK, with wrongly accused/convicted persons, family members of those individuals, and members of groups and organisations working to highlight the problems of wrongful accusation and conviction. A survey aimed at examining key perceptions and beliefs, held as factual knowledge about the CJS within the wider public, was also conducted. The analysis of the data indicated that not only do individuals and families attempt to employ erroneous perceptions and beliefs as factual knowledge in cases of wrongful accusation and conviction, but that such attempts feed into and support the case against the wrongly accused (in direct opposition to the aims and objectives of those employing them). Furthermore, knowledge of the actual workings of the CJS (held by CJS actors) can be, and is, used to exploit the ignorance of those so accused, and their family members. This is made possible because legal meanings of key words and phrases are vastly different from their commonly understood meanings, a factor known only to CJS actors, and not, generally, to the wider public. Political rhetoric and media representations support and reinforce those commonly held understandings, simultaneously maintaining the inaccessible code of actual CJS processes, thereby influencing public perceptions of those who are accused and convicted.

Thesis (LL.M.)--University of Toronto, 2009. / Source: Masters Abstracts International, Volume: 48-02, page: .

Diss. Rechtswiss. Fak. Rheinische Friedrich-Wilhelms-Univ. Bonn, 1997.

Master-Arbeit Univ. St. Gallen, 2006.

Advantages and disadvantages of the at-will employment doctrine Abstract This diploma thesis is focusing on the at-will employment doctrine, which is the default principle dominating employment law in the United states of America. Its aim is to evaluate advantages and disadvantages of the at-will employment doctrine. As a prerequisite for further analysis of possible advantages and disadvantages, the thesis in its first part defines terms such as employment law, employment contract and employee in the context of legal order of the United States and takes into account significant differences arising from the differences between anglo-american and continental legal culture. As a next step in its second part this diploma thesis provides a description of basic compoments and historical development of the at-will doctrine, which is the default and key principle controlling employment relationships. In the third to fifth part the thesis is dedicated to the three main exceptions to the doctrine, which were developed by common law over time. These exceptions are public policy, implied in fact contract and a covenant of good faith and fair dealing. Each of these exceptions is at first conceptually defined and then its influence on employment relationship disputes is described. Continuously, it is summarized in which...