1,720,981 research outputs found
Netherlands
No full textThe increase in the offering of financial products to consumers has driven developments in Dutch case-law pertaining to a bank’s duty of care. In view of this, it seems only natural to begin with an overview of the major cases in this area (section II), followed by a treatment of the legal basis of a bank’s duty of care (section III), and the essential duties typically flowing from it (section IV). The hotly debated topic of the impact of MiFID on a bank’s duty of care is dealt with in section V. In section VI, in view of the fact that a claim based on a breach of a bank’s duty of care is in Dutch law generally based on tort or breach of contract, we will focus on the requirements which must be fulfilled in order to institute a successful damages claim based on tort or breach of contract. Then we move on to the relation between a bank’s duty of care and more traditional doctrines, including reasonableness and fairness, mistake and other defects of consent, unfair contract terms, and voidability or avoidance based on breach of mandatory law or the violation of public morals or public policy (section VII). We continue this chapter with some remarks on group actions and mass claims (section VIII), a proposal of the Ministry of Finance to concentrate civil litigation on the provision of investment services, investment activities and prospectus liability at the Amsterdam District Court (section IX), alternative dispute settlement at the Complaint Institute Financial Services (section X) and the role of the regulator in settling disputes (section XI). Section XII contains some concluding observations...
A Bank’s Duty of Care
No full textIn recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank’s duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective
A Bank’s Duty of Care
No full textIn recent years, an increasing number of clients and third parties have filed claims against banks such as for mis-selling financial products, poor financial advice, insufficient disclosure of and warning about financial risks. The scope of a bank’s duty of care seems to expand, not only to include protection of consumers against unclear risks of complicated products but also protection of professional parties against more obvious risks of relatively straightforward products. This topic raises many questions, both at a theoretical and practical level. This book provides a rich source of information about how various jurisdictions (Germany, Austria, France, Italy, Spain, the Netherlands, England and Wales, Ireland, and the United States of America) deal with these questions and how answers are found or embedded in their national legal systems. The book also contains a detailed chapter on the MiFID I and II conduct-of-business provisions. Finally, the book provides a thorough comparative analysis and perspective
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Get PDF“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Get PDFWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Remedies for human rights violations by the European Union
Get PDFWhere EU action affects the legal or factual situation of an individual, guarantees for the affected persons’ rights must exist. If rights have been violated, a remedy must be provided. This thesis concentrates on this relationship between the EU and individual applicants in human rights cases. It critically analyses how the EU may be held accountable for violations of human rights through procedures and remedies available to the individual applicant. The key in this situation is for the EU to find a role in the spectrum of human rights law, where it will bear human rights obligations and individuals will be the right holders who may claim their rights. The thesis focuses on procedures for annulling an EU act, claiming damages against the EU as well as engaging the EU’s responsibility under international law
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
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