Risco de crédito na banca face ao novo enquadramento normativo em contexto de crise : o caso do crédito a particulares

Mestrado em Auditoria

Noção de Obra no Contrato de Empreitada: Contributos da Doutrina e da Jurisprudência

Dissertação de Mestrado em Solicitaria

O direito de arrependimento nos contratos celebrados à distância e fora do estabelecimento

This dissertation aims to analyze the right of withdrawal and its implications on distance and off-premises contracts, due to the importance of these contracts in our society. Our main goal is, first of all, to explain the meaning and characteristics of both distance and off-premises contracts and the reason why a right of withdrawal is granted. Secondly, we intend to explain all of the relevant aspects related to this right, such as its legal concept and main characteristics, the origin and evolution of the right of withdrawal on both European and Portuguese legislation, its implications in the contracting parties and, finally, a brief analysis of the applicable law. In a nutshell, the right of withdrawal allows the consumer to withdraw from a distance or off-premises contract, unilaterally, without having to indicate any motive to justify the decision, after a cooling-off period of 14 calendar days. In these two types of contracts such right exists due to the reasons or circumstances that lead to the conclusion of the contract.

A protecção jurídica do consumidor em Angola

The scope of the present work is to study the legal protection conferred upon the consumer in Angola, especially as regards electronic communication agreements. Its purpose is to promote consumers’ rights and contribute to its defence given the relatively privileged position of professionals in their relationship with consumers. With this in mind, we have made a description of the Consumer Law in Angola based on the Angolan Constitution (as the law that establishes the fundamental rights and guarantees of citizens) and on the Consumer’s Defence Law, which, as the basic law regarding consumers’ rights, provides the framework for this dissertation. We have analysed several aspects relating to consumer relationships, starting from its concept and rights of consumers and covering the legal and contractual mechanisms put in place for their protection. We have also analysed the Advertising Law with a view to better understand consumer’s rights before advertising campaigns carried out by professionals whilst promoting their goods and services and, additionally, to understand the duties and principles that shall be complied with in such campaigns with the purpose to protect the rights and interests of consumers. From a criminal point of view, we have briefly covered the crimes against consumers provided for in the Penal Code and the Law of Infractions against the Economy. In the second part of this work, we have summarised the institutions that protect the rights and interests of consumers, which include the Public Prosecutor Office, the National Institute for the Defence of the Consumers and the Consumers’ Associations. The third and last part of this work covers electronic communications agreements. Given the fact that there is no specific legislation in this matter, our analysis was based on the Civil Code – specifically the part relating to contracts – the Law on General Contractual Terms and Conditions and the Consumer’s Defence Law. We have analysed the formation of contracts, compliance and consumers’ rights resulting from contract breach. We further have appealed to the Angolan legislator to legislate certain aspects of consumer relationships, especially those where breach of consumers’ rights are blatant and facilitated by the lack of specific laws addressing such cases.

Análise da viabilidade económica das empresas de pavimentação rodoviária em cenário de crise

Dissertação de mestrado integrado em Engenharia Civil

Consequências da mora do segurador e o princípio neminem laedere no âmbito contratual

Relatório de atividade profissional de mestrado em Direito dos Contratos e da Empresa

HSC(F)05-2014 (PDF 201 KB)

Update to Procurement Guidance Note 03/11 - Award of Contracts without a Competition

Traducció i estudi de documents demòtics datats del regnat d'Alexandre el Gran (332-323 aC)

Projecte de recerca elaborat a partir d’una estada a l’Oriental Institute de la University of Oxford, Regne Unit, entre juliol i octubre de 2007. Durant l’estada s’ha analitzat la documentació demòtica datada del regnat d’Alexandre el Gran com a faraó d’Egipte (332-323 aC). El conjunt de fonts que examinat està constituït per sis papirs (actes notarials que recullen diversos tipus de contractes o acords entre dues parts), un òstrakon fragmentari i una sèrie d’esteles provinents de la Necròpolis d’Animals de Saqqara Nord, en concret de la Catacumba de les Mares d’Apis. Aquesta documentació és fonamental perquè permet extreure conclusions importants sobre diversos aspectes relacionats amb l’administració i la religiositat egípcies en els moments inicials de la dominació grega d'Egipte. Cadascun d’aquests documents ha estat traduït, analitzat en profunditat i degudament contextualitzat històricament. D’una banda, en l’àmbit de l’administració, he pogut constatar la continuïtat existent amb el període històric immediatament anterior, és a dir, amb la Segona Dominació Persa del país; mentre que de l'altra, des del punt de vista religiós, l’anàlisi d’aquestes fonts m’ha permès verificar l'existència de tota una sèrie de canvis substancials, estretament vinculats a la voluntat expressa de la nova elit dirigent d'origen grec de distanciar-se dels seus predecessors aquemènides i de marcar amb força l’obertura d’una nova era que es caracteritzarà pel respecte a les tradicions autòctones i per la potenciació dels cultes nacionals.

Discrete time Non-homogeneous Semi-Markov Processes applied to Models for Disability Insurance

In this paper, we present a stochastic model for disability insurance contracts. The model is based on a discrete time non-homogeneous semi-Markov process (DTNHSMP) to which the backward recurrence time process is introduced. This permits a more exhaustive study of disability evolution and a more efficient approach to the duration problem. The use of semi-Markov reward processes facilitates the possibility of deriving equations of the prospective and retrospective mathematical reserves. The model is applied to a sample of contracts drawn at random from a mutual insurance company.

Information revelation and market incompleteness

\documentstyle[portada,11pt]{article}This paper shows that the presence of private information in aneconomy can be a source of market incompleteness even when it is feasibleto issue a set of securities that completely eliminates the informationalasymmetries in equilibrium. We analyze a simple security design model in which avolume maximizing futures exchange chooses not only the characteristics ofeach individual contract but also the number of contracts. Agents have rationalexpectations and differ in information, endowments and, possibly, attitudestoward risk. The emergence of complete or incomplete markets in equilibriumdepends on whether the {\it adverse selection effect} is stronger or weakerthan the {\it Hirshleifer effect}, as new securitiesare issued and prices reveal more information. When the Hirshleifer effectdominates, the exchange chooses an incomplete set of financial contracts, andthe equilibrium price is partially revealing.

Trade credit: Suppliers as debt collectors and insurance providers

There are two fundamental puzzles about trade credit: why does it appearto be so expensive,and why do input suppliers engage in the business oflending money? This paper addresses and answers both questions analysingthe interaction between the financial and the industrial aspects of thesupplier-customer relationship. It examines how, in a context of limitedenforceability of contracts, suppliers may have a comparative advantageover banks in lending to their customers because they hold the extrathreat of stopping the supply of intermediate goods. Suppliers may alsoact as lenders of last resort, providing insurance against liquidityshocks that may endanger the survival of their customers. The relativelyhigh implicit interest rates of trade credit result from the existenceof default and insurance premia. The implications of the model areexamined empirically using parametric and nonparametric techniques on apanel of UK firms.

Sequential screening

We present a model of price discrimination where a monopolistfaces a consumer who is privately informed about thedistribution of his valuation for an indivisible unit ofgood but has yet to learn privately the actual valuation.The monopolist sequentially screens the consumer with amenu of contracts:the consumer self-selects once by choosing a contract andthen self-selects again when he learns the actual valuation. A deterministic sequential mechanism is a menu of refundcontracts, each consisting of an advance payment and a refundamount in case of no consumption, but sequential mechanismsmay involve randomization.We characterize the optimal sequential mechanism when someconsumer types are more eager in the sense of first-orderstochastic dominance, and when some types face greatervaluation uncertainty in the sense of mean-preserving-spread.We show that it can be optimal to subsidize consumer typeswith smaller valuation uncertainty (through low refund, as inairplane ticket pricing) in order to reduce the rent to thosewith greater uncertainty. The size of distortion depends bothon the type distribution and on how informative the consumer'sinitial private knowledge is about his valuation, but noton how much he initially knows about the valuation per se.

Fuel Adjustment, April 2011

Article 2120 of the Standard Specifications for Highway and Bridge Construction Series 2009 provides for a fuel adjustment factor to be applied to payments and partial payments for quantities of certain items of excavation work as the work is done, in accordance with the specification, when indicated in the contract documents. A Current Price Index (CPI), in dollars per gallon (liter), will be established by the DOT for each month. The CPI will be the price of No. 2 High Sulfur Diesel, as reported by Oil Price Information Service using the first weekday for the month and the average of all prices reported for Des Moines. The Base Price Index (BPI) for each contract will be the CPI in effect during the month previous to the month of the letting of that contract. If the contract has metric units, divide the Price Index ($/gal) by 3.785412 to obtain $/liter.

Fuel Adjustment, May 2011

Article 2120 of the Standard Specifications for Highway and Bridge Construction Series 2009 provides for a fuel adjustment factor to be applied to payments and partial payments for quantities of certain items of excavation work as the work is done, in accordance with the specification, when indicated in the contract documents. A Current Price Index (CPI), in dollars per gallon (liter), will be established by the DOT for each month. The CPI will be the price of No. 2 High Sulfur Diesel, as reported by Oil Price Information Service using the first weekday for the month and the average of all prices reported for Des Moines. The Base Price Index (BPI) for each contract will be the CPI in effect during the month previous to the month of the letting of that contract. If the contract has metric units, divide the Price Index ($/gal) by 3.785412 to obtain $/liter.

Field Data Collection and Reporting Study, HR-377, 1997

A review of the Iowa Department of Transportation's field data collection and reporting system has been performed. Included were several systems used by the Office of Construction and Local Jurisdictions. The entire field data collection and reporting systems for asphalt cement concrete (ACC) paving, portland cement concrete (PCC) paving, and PCC structures were streamlined and computerized. The field procedures for materials acceptance were also reviewed. Best practices were identified and a method was developed to prioritize materials so transportation agencies could focus their efforts on high priority materials. Iowa State University researchers facilitated a discussion about Equal Employment Opportunity (EEO) and Affirmative Action (AA) procedures between the Office of Construction field staff and the Office of Contracts. A set of alternative procedures was developed. Later the Office of Contracts considered these alternatives as they developed new procedures that are currently being implemented. The job close-out package was reviewed and two unnecessary procedures were eliminated. Numerous other procedures were reviewed and flowcharted. Several changes have been recommended that will increase efficiency and allow staff time to be devoted to higher priority activities. It is estimated the improvements in ACC paving, PCC paving and structural concrete will by similar to three full time equivalent (FTE) positions to field construction, field materials and Office of Materials. Elimination of EEO interviews will be equivalent to one FTE position. It is estimated that other miscellaneous changes will be equivalent to at least one other FTE person. This is a total five FTEs. These are conservative estimates based on savings that are easily quantified. It is likely that total positive effect is greater when items that are difficult to quantify are considered.