Global ETD Search
Search theses and dissertations gathered from participating repositories worldwide. Every result links back to the library that holds it. No account is needed.
Results
Showing 1 to 20 of 45 for “"legal certainty"”.
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Land use planning mandates: a quest for legal certainty
This thesis focuses on the lack of legal certainty with regard to the exercise of planning law mandates of the respective spheres of government in South Africa. An attempt is made to uncover the reasons for the lack of legal certainty by looking at the pre-1994 planning regime and the regulatory …
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The Liberalisation of European Energy Markets: The Use of Competition Law as a Regulatory Tool
… main conclusion of this thesis is that a lack of legal certainty and insufficient clarification of the law originating from this approach might have detrimental impacts on a single and competitive energy market design in Europe. This thesis consists of three substantial chapters in addition to the …
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Systemic Interpretation in EU Public Procurement Law
… met the standards which secure the coherence and legal certainty and ultimately the acceptability of its rulings. The aim of the study is also to show how, by using systemic arguments, the Court could help to systematize this particular field of EU law and to improve legal certainty. In the study, …
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A critique of the approach of the gulf cooperation council states to choice of court agreements with reference to the 2005 Hague convention on choice of court agreements
… of court agreements by national courts promotes legal certainty and predictability for the parties, avoids parallel litigation and inconsistent judgments and reduces litigation costs.;Choice of court agreements are a fundamental concept in private international law that seeks to ensure that the …
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La Banca Comercial como Factor de Desarrollo de la PYME en México a través del Factoraje a Cadenas Productivas
… that is operated in the country. Aspects such as legal certainty, efficient customer information systems, the reduction of requirements to start operations or the ease of operation and simplification of procedures are key in the design and implementation of factoring programs. The implications for …
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Ações revisionais de benefícios previdenciários: reflexos das ADIs 2110 e 2111 sobre os aposentados e pensionistas que ajuizaram a Revisão da Vida Toda
… a potential modulation of effects could ensure legal certainty and equality within the social security system.
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The admissibility of data messages in the ordinary course of business.
… and transactions for purposes of promoting legal certainty. It is submitted that Section 15 (4) of the ECT Act has in contrast, created more legal uncertainty. Section 15 (4) of the ECT Act, seeks to admit data messages into evidence on its mere production in any legal proceedings and …
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The impact of weaknesses in the Urban Councils Act on efficient and effective service delivery in urban local councils in Zimbabwe
… the unfettered powers of the minister, lack of legal certainty on powers and functions of UCs, limited revenue generating powers and lack of autonomy in recruiting senior council administration. First, UCs exercise delegated powers from central government. The minister has powers to give …
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Regole di validità e regole di responsabilità nel diritto privato
… between them by virtue of a now-rooted legal tradition. Following this principle, the invalidity of the contract is not due to the violation of a behavioural rule (rule of conduct), whether it occurs in the form of the nullity or the possibility of annulment. In the second part, what …
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Does Cyberspace outdate Jurisdictional Defamation Laws?
… tests. This crossover is causing legal uncertainty in the application of existing rules to the digital libel proceedings. Section 1 and Section 9 thresholds do not fulfil the purpose of eliminating ‘libel-tourism’ and maintaining a balance between speech freedom and reputation …
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THE IMPACT OF MULTILINGUALISM ON THE DEMOCRATIC LEGITIMACY OF THE EUROPEAN UNION: IS CREATING A SOLIDLY DEFINED EUROPEAN DEMOS THE ANSWER TO THE EU’S LANGUAGE PROBLEM?
… This directly limits the application of the legal certainty aspect of the Rule of Law, thus putting into question the EU’s democratic viability. Democracy is dependent on communication opportunity, something which the Union is lacking due to its multilingual nature. To solve these legitimacy …
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The movement and residence rights of third country national family members of EU citizens: a historical and jurisprudential approach
… inconsistent judgments and providing a lack of legal certainty. The object of this thesis is to analyse the intricate jurisprudential scenario of family reunifications between EU citizens and third country nationals. In order to do so I will place the Court’s case law in its broader historical …
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Subjetividade na interpretação dos dispositivos das sentenças judiciais e seus efeitos na perícia contábil em cumprimento de sentença
… (5.88%) suggest indirect impacts. Grounded in legal and accounting communication theory and the Plain Language Movement, the study underscores the need for greater precision in judicial drafting to reduce interpretative discrepancies, mitigate challenges, and enhance efficiency and legal …
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From Sidumo to Dunsmuir the test for review of CCMA arbitration awards
… in certain instances. In fact, to maintain legal certainty, intrusive review may sometimes be crucial. These factors must be balanced when formulating a reliable and practical approach to review of CCMA awards. A key finding of this thesis is that – ostensibly due to the complexity of doing …
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Complicity in international criminal law: A fragmented law in need of a new approach
… the crime would be committed would be the new legal standard for complicity in ICL. I argue that this definition would settle many grave problems currently afflicting complicity such as the lack of legal certainty and the discrepancies in the outcomes among ICL judgments. I conclude the thesis …
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Fisiologia e patologia dei finanziamenti bancari all'impresa in crisi
In the current European economic and legal framework, financing distressed companies has become a central issue in the pathological dimension of bank–firm relationships. The field is marked by uncertain boundaries and a fragmented regulatory framework that has significantly shaped its development. …
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LE INTERRELAZIONI NEL SISTEMA DEL ‘DOPPIO BINARIO’ TRIBUTARIO E PENALE
… that undermine the coherence of the legal system. The research is developed along three fundamental lines. Firstly, it examines the integration of offenses, highlighting how legal institutes such as the non-deductibility of costs related to crimes and the taxation of illicit proceeds …
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Comparative Study on Patent Claim Interpretation: the United States and China
… of information that are unique in the Chinese legal system. In addition to cases and statutes, a judicial interpretation is an important primary authority. Policy documents issued by the Supreme People's Court and speech notes from the judicial conferences are important documents in …
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Artificial intelligence in law enforcement: a critical analysis of the EU AI Act’s framework for protecting public values and fundamental rights
… Thesis examines whether the existing European legal framework, most notably Regulation (EU) 2024/1689, is adequate to ensure that AI systems deployed by law enforcement authorities operate lawfully, fairly, and in full compliance with fundamental rights and public values. To that end, the …
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The Inclusion of Land Within a Personal Property Security Act (PPSA) Framework in Anglophone Sub-Saharan Africa: A Case Study of Ghana
… mixed methodology that employs qualitative socio-legal and doctrinal approaches to legal research, this thesis considers the inclusion of land within a Personal Property Security Act (PPSA) framework of modern secured transactions in Ghana, as an example in Anglophone sub-Saharan Africa. This …
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