Das Transparenzgebot im Hinblick auf die Überschussermittlung und -beteiligung in der Lebensversicherung

The article deals with the legal requirements of transparency as they apply to general terms and conditions in life insurance policies. The analysis focuses especially on the principles formulated recently by the German Federal Court of Justice (Bundesgerichtshof) concerning contract clauses in life insurance policies that affect the calculation and the share of generated surplus funds. The recent jurisprudence of the Federal Court of Justice raises some basic questions of legal obligations of insurers to keep their general terms and conditions plain and understandable. Of particular concern is the relationship between the precept of transparency and statutory duties of insurers to furnish information to their customers. The conclusion is drawn that it is the exclusive role of the latter to oblige insurers to inform the customers about their objective legal position. The precept of transparency, however, does not create a legal duty to inform which is independent from the individual insurance contract. Further conclusions relate to the general reach of duties to inform, their application vis-à-vis the calculation and the share of surplus funds, the legal consequences that exist in case of their breach and the implications this may have on the reform process of the German Insurance Contract Act (WG). The article ends with the presentation of ten theses recalling briefly the considerations made in the course of the article.     

European Antitrust Policy 1957–2004: An Analysis of Commission Decisions

This paper provides a survey of  European antitrust law enforcement since its foundation in the Treaty of Rome of 1957 up to and including 2004. We present a complete overview and statistical analysis of all 538 formal Commission decisions under Articles 81, 82, and 86 of the European Community Treaty. We report a range of summary statistics concerning report route, investigation duration, length of the decision, decision type, imposed fines, number of parties, sector classification, nationality, and Commissioner and Director General responsible. The statistics are linked to changes in legislation and administrative implementation, thereby providing an historical overview that summarizes the Commission’s work in the area of antitrust. One or more appeals were filed with respect to 161 of the 538 decisions. We estimate the determinants of the size of the imposed fine and probability of appeal when an infringement has been found.     

土地整理施工设计方案的评价研究——以湖北平原地貌为例

通过对土地整理项目评价工作现状的研究,以湖北某平原地貌项目为例,构建相应的指标体系,运用层次分析法和多层析模糊综合评判的方法,展开项目方案设计合理性的评价研究。结果表明,该评价体系的构建可以有效找出方案存在的不足之处,促进方案的改进。     

Bank Disclosure and Market Assessment of Financial Fragility: Evidence from Turkish Banks’ Equity Prices

In this paper we explore whether Turkish banks with worsening indicators of financial fragility were subject to market monitoring during the years leading to the 2000/2001 crisis, and how the quality and timeliness of the disclosure affect market reaction. We find that shareholders reacted negatively to indicators of financial fragility such as increases in maturity mismatches, currency mismatches, and non-performing loans, showing shareholders’ concerns about the impact of financial fragility indicators on future profits. We also find that audited statements that show larger reporting lags, are not informative, pointing to the need of improving their timeliness. Finally, our study suggests that the finding that securities prices react to financial fragility indicators should not be taken as sufficient evidence of banks’ safety and soundness.     

Grosse Stadtwerke – theoretische und empirische Exploration eines besonderen Akteurs in der Energiewende Deutschlands und der Schweiz

Urban utility companies are key players in the Swiss and German energy sector. Due to the federalist and subsidiary governance structure of the two countries’ energy sector, they perform highly system relevant tasks, as e.?g. managing the distribution grids or ensuring the public services for “their city”. In the public and scientific discourse on the role of different actor groups in the energy transition, however, not much attention is paid to urban utility companies. This contribution aims at a theoretical and empirical exploration of these particular actors by analysing their characteristics, specific challenges and strategic answers in the context of the energy transition. For this purpose, the article derives analytical dimensions for the analysis of urban utility companies from scholarly literature on transition studies, network industries and public corporate governance and empirically analyses characteristics and the current situation of urban utility companies in Germany and Switzerland. Methodologically, this article is based on an explorative, qualitative study, which synthesises results from a literature analysis, a document analysis, 38 expert interviews in both countries (in 2017) and two expert workshops conducted in Switzerland (in 2018). The study shows, how the characteristics of urban utility companies can be explained based on public corporate governance and network industries literature. This also allows to identify and understand their particular challenges, as e.?g. the fields of tension among public and private interest in the firms and the multi-dimensional relationship of owner or the particularities of network industries. Finally, this article points out, that the role of urban utility companies in the Swiss and German energy transition is neither just “inhibitor” nor pure “innovator”, but can be labelled as “intelligent follower” and “engineer of the energy transition”.     

Systems approach in landscape design: a studio work

Landscape architects design the environment, which is an organic part, an outdoor extension of the building, according to the various functions of buildings. One of the most important objectives in design is to create a strong organization which forms a whole by combining different parts. While creating this organization, it is essential to establish relationships, make the designed elements related and obtain a unique design product. This relationship can be established only with the systems approach. It is a difficult process. For this reason, it was aimed in this study to teach Landscape Architecture students how to achieve designs meeting both creative and user needs. Thus, students will learn how to create successful open spaces with the high level of use which is one of the most important problems nowadays. In this respect, this article has two purposes. The first purpose is to create a study diagram by suggesting the systems approach theoretically. Student works will be evaluated according to this study diagram. The second purpose is to investigate the contribution of the course conducted with the systems approach to the design education. In this study, the systems approach was explained to the students of the Department of Landscape Architecture at Karadeniz Technical University and they were made to design the residence and its immediate surroundings within the scope of the 3rd semester. Then, the effect of the systems approach on the creative and applicable designs of the students was determined with the survey study conducted. The results of this study reveal the importance of the systems approach for both design education and urban designers.     

Der Wert der Worte – Wie digitale Methoden helfen,Kommunikations- und Wirtschaftswissenschaft zu verknüpfen

The use of digital methods offers a chance to connect communication science with economics. In recent years, a growing body of research in economics has turned its attention to media content, assuming that journalistic coverage contains hitherto neglected information relevant for business cycles or financial market movements. Interestingly, these approaches largely ignore communication science’s established theories and empirical findings. This paper aims at building a bridge between the two disciplines. Its contribution is threefold: a) it provides an overview of the most important approaches in economics that incorporate media content; b) it operationalizes the concept of the “narrative”, as it is used in economics, and distinguishes it from the concept of the “frame”, essential in communication science; c) exemplifying our approach, we present a new Uncertainty Perception Indicator (UPI) based on the topic modeling method Latent Dirichlet Allocation (LDA), that enables us to isolate different factors of economic policy uncertainty contained in media coverage.Economic studies treat journalistic media content as a proxy for sentiment prevalent in society. Typically, they rely on frequency analyses of certain keywords, like “recession” or “inflation”. Even more sophisticated approaches, such as Shiller (2017), who calls for establishing a new branch of “narrative economics”, or Baker et al. (2016), who construct a comprehensive set of media-based indicators, make no or little reference to communication science. This neglect could be discounted as pure ignorance, but this misses the point. Being a predominantly empirical discipline today, economics relies on long time-series of data, that have not been available for media content, a gap rendering the two disciplines largely incompatible.The gap is also reflected in terminology. “Frame” is a major analytical concept in communication science, while the term “narrative” has become in vogue in economics. Although both concepts are closely connected, they are rarely properly distinguished from each other. “Frame” can be considered as a rather static concept that applies during a limited period of time. “Narrative”, in contrast, implies dynamic properties, i.?e., the sorting of events, causes and effects over time, that explain how the current state of the world has come about, as stressed by Tenenboim-Weinblatt et al. (2016).In this paper, we propose a synergetic concept. Following Entman (1993), a media frame contains four elements: a) a problem definition, b) a problem diagnosis, c) a moral judgement, and d) possible remedies. We augment this approach by adding two more elements. According to our definition, a media narrative comprises a frame, or several ones, plus e) one or several protagonists—persons, institutions, or social groupings (nations, classes, etc.)—, whose relationships are (often) antagonistic and may change over time; and f) events, that are chronologically integrated and that are (often) assumed to constitute causal relationships. To put it metaphorically: a frame is to a narrative what a still photo is to a movie. Both are valuable concepts; the still photo shows more details, while the movie provides a contextualization over time.Topic models like LDA are valuable tools for the measurement of media narratives. The probabilistic approach enables researchers to conduct what may be called “macro-content analyses”, an exercise that focuses on average reporting patterns in large text corpora and can be translated into numerical time-series, thereby facilitating compatibility with empirical economics. Based on a topic’s frequency analysis, its top words and top articles, “mean media narratives” can be formulated, that integrate certain events, protagonists and frames.In our case study, we exemplify this concept by applying it to an indicator that is currently popular in economics, the Economic Policy Uncertainty Index (Baker et al. 2016). The EPU aims at capturing political developments that are exogenous to economic models and therefore unpredictable. Essentially, the indicator is based on the counts of articles containing a set of search words, such as “uncertain”, “economic” as well as institutions like the European Central Bank. Using identical search words as the EPU for Germany, we construct a similar corpus for the years 1994 to 2017. By conducting an LDA-based analysis, we are able to extract additional relevant information from the data. In particular, the evolution of different uncertainty factors and their development over time can be detected.Our Uncertainty Perception Indicator (UPI) contains six relevant news topics that are highly relevant for market developments: central banks, the national government, international politics, the business cycle, companies, and society. While the EPU merely shows how often uncertainty concerning economic policy is mentioned in the media, the UPI also indicates the origins of uncertainty. By grouping the six topics into three analytical categories—governments, markets, and society—we find a distinct break in the time-series. Before the financial crisis of 2008, the perception of uncertainty was rather balanced between the three factors. Since then, however, economic uncertainty has mainly been driven by political actors, most prominently by central banks. The corresponding narratives are a two-chapter story: in the first part, up to 2008, stable financial markets and smoothed business cycles prevailed, making central banking a rather straight-forward task. The second part is characterized by multiple crises, leaving central banks as dominant actors, that intervened with unconventional measures. Thereby, they became stabilizing forces, but at the same time sources of uncertainty with respect to the timing and the impact of these measures.     

Understanding the identity of Ibiza,Spain

In order to understand a destination brand, it is essential to define what its identity actually is and the dimensions that it is made up of. Kapferer’s brand-identity prism (Kapferer, J. N. (1992). Strategic brand management: New approaches to creating and evaluating brand equity. New York, NY: The Free Press) is used to respond to these questions in the context of Ibiza, Spain. A qualitative analysis was performed using focus groups, considering tourists who had visited Ibiza in the past. The results indicate that the six dimensions of the Ibiza identity prism are embodied in ?????clubs and discotheques, an exciting personality, an atmosphere of harmony, moments of collective fusion, a clubber image, and the figure of a young, liberal tourist who loves to party. This identity is strong and stable over time, with limited possibilities for a radical repositioning.     

How to communicate sustainable tourism products to customers: results from a choice experiment

This multiphase and empirical study explores the best communication style for reaching different international tourism markets and provides an understanding of how purchase decisions could be better influenced in travel brochures. A pre-test experiment evaluated the perceived emotionality and rationality of communication elements in a fictional travel brochure designed for a typical beach holiday but managed according to sustainability principles. In phase two, a choice experiment was conducted to test how Swiss, German, British and US travellers could be influenced by varying visual and textual communication elements in the fictional brochure (based on Mexico for US respondents and Menorca for all others). The choice experiment produced 3006 responses from an online survey in the four countries. Results confirm a general preference for emotionally laden communication styles for sustainable tourism products, while respondents were indifferent to the emotionality of standard product feature communications. Respondents did not show a preference for the inclusion of a graph explaining the product's sustainability attributes.