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Recognition and waiver of a procedural claim Abstract The thesis deals with the institutes of recognition and waiver of a procedural claim, which are a specific way of ending of court proceedings based on a dispositional act of concerned procedural party. The purpose of the institutes of recognition and waiver of a procedural claim is, in particular, to speed up the proceedings and save costs to both the state and the parties, in a situation where there is no longer a factual dispute between the parties and yet the parties have an interest in authoritative acknowledgment of such situation, unlike, for example, the institute of withdrawal of the action, which does not constitute an obstacle of rei iudicatae. The first chapter contains a general theoretical background of the thesis, definitions of basic terms and differentiation from similar institutes such as the mentioned withdrawal of the lawsuit or a court settlement. The first chapter also compares the differences between material recognition and waiver and their consequences. The following second chapter then contains a historical review of the regulation of the recognition and waiver of procedural claims institutes on our territory. The review begins with the Civilian Procedure Code from 1895, then deals with the Civic Procedure Code from 1950 and the...

The costs related to events of losses within non-life insurance are stochastic and a prerequisite of running a successful insurance business is to predict risks and future costs. From both a business- and regulatory perspective, it is of high interest to have a genuine understanding of the precision and the sensitivity of the estimated costs and future risks. This thesis aims to provide an alternative procedure of how to estimate the costs related to the future and, above all, the variance, in the case of dealing with inhomogeneous and decreasing risk. The procedure is based on a separate modeling of the claim frequency and the claim severity, that later can be combined to yield a total cost distribution for a determined time period. The claim severities are modeled based on a parametric and a non-parametric approach and the claim frequencies are modeled with the resampling method bootstrap and by the use of scenarios. The thesis is made in collaboration with the insurance company, Anticimex Insurance, who has contributed with the data as well as expert knowledge related to the actuarial field. The results of the thesis show that the procedure is successful for evaluating estimated total costs distributions and their first and second moments, even in the case of inhomogeneous and decreasing risk. / Kostnader som uppkommer på grund av skador inom skadeförsäkring är stokasiska och en förusättning för att kunna bedriva ett framgångsrikt försäkringsbolag är att kunna prediktera risk och framtida kostnader. Utifrån ett såväl försäkrings- som reglatoriskt perspektiv är det av stor vikt att ha en gedigen förståelse av både precisionen och känsligheten i de skattade estimaten. Denna uppsats syftar till att ta fram ett alternativt tillvägagångssätt till hur kostnader relaterade till framtiden ska predikteras, med fokus på att utvärdera variationen i estimaten, vid fallet av en inhomogen och avtagande risk. Tillvägagångssättet bygger på en uppdelning mellan antalet skador och kostnaden för skador, vilka modelleras separat för att sedan kombineras och ge en totalkostnadsfördelning för den avsedda tidsperioden. De historiska kostnaderna modelleras utifrån ett parametriskt- och ett ickeparametriskt tillvägagångssätt. Skadefrekvensen modelleras med hjälp av bland annat samplingsmetoden bootstrap samt genom användandet av scenarier. Uppsatsen görs i samarbete med skadeförsäkringsbolaget, Anticimex Försäkringar, vilka har bidragit med data och expertkunskap inom det aktuariella området. Arbetets resultat visar att det föreslagna tillvägagångssättet är en framgångsrik strategi för att utvärdera de första två momenten av de predikterade totalkostnadsfördelningarna, även vid fallet av en inhomogen och avtagande risk.

Previous studies of identity and representation fail to fully recognise the complexity of identity and its inherent relevance to representation. In addition, they insufficiently acknowledge the institutional factors which mediate the performance of identity in representation. This thesis moves beyond this existing research by more critically analysing the relationship between identity and political representation through the lens of performative claim-making. Given that both representation and identity are concepts which have come to be understood as complex and multiply constructed, their interrelationship deserves a more critical and nuanced analysis. I argue that identity inherently shapes representative roles. Representation as a concept can be modelled as a series of claims to and understandings of representation. By applying Goffman’s interpretation of identity as performance, claims to representation are therefore a series of performative moves which evoke identity strategically and vary according to context and audience. Through the examples of the two case studies of New Zealand and the United Kingdom, the thesis explores the ways that MPs perform their identities in three distinct contexts: web biographies, maiden speeches and interviews. These allow for comparisons of contexts or ‘stages’ for performance of identity by MPs and shows how claim-making plays out in reality for MPs. I argue that performance of identity by MPs will vary depending on the method of selection of the MP, parliamentary norms and culture, and the audience. The potential for variation of performance due to contextual shifts requires an explicit consideration of the institutional factors which impact a representative’s performative role. Political space - its rules and regulations and its culture and norms – needs to be incorporated in more depth into studies of representation, claim-making and performance because these factors impact the extent to which MPs will engage with and perform identity within their representative roles. By investigating the ways in which MPs perform identity in different contexts and with different audiences, we can better understand the relationship between the two concepts of identity and political representation.

According to legislation, common law and case law, South African educators have a responsibility to ensure the safety of learners. Above all, God has placed children in our care and it is our God-given duty to take care of them. For educators to be able to perform this duty of care as it should be, they need to be equipped with the necessary legal knowledge. However, the acquisition of this knowledge remains the primary responsibility of each educator. Other educational role-players also have some moral obligation and responsibility to assist educators in attaining such knowledge. As educators should acquaint themselves with the relevant legislation regarding duty of care, such legislation should be accessible to all educators. Principals should encourage educators to become acquainted with the content of the relevant education laws. All the determinants regarding duty of care ought to be general knowledge to educators. Principles such as what torts comprise of, the requirements of delictual accountability, reasonable foreseeability and preventability and the reasonable educator test should be as well-known as subject didactical knowledge. Real-life situations and case law should be used to ensure a clear understanding of these principles. Tendencies in international law should also be communicated to educators. This study determined that educators do not have sound legal knowledge to meet the minimum requirements set by legislation, common law and case law. Tertiary institutions will have to compile training programs urgently so that education departments, trade unions, governing bodies and principals can make it available to educators, who, in turn can empower themselves with relevant, practical education law knowledge. / Thesis (M.Ed.)--North-West University, Potchefstroom Campus, 2006.

The thesis is focused on the legal concept of unjust enrichment specifically in relation to the area of business law. Although the basic legal regulation relevant also for the area of business law was, and even after the adoption of the new private law codes, still remains in the civil code, the thesis endeavors to focus on certain specifics related particularly to the business relations. For these purposes it deals, in less or more detailed manner, also with other legal concepts, which are significant for the topic and closely related (such as limitation of claims resulting from the unjust enrichment, good faith of legal entities, invalidity of legal acts etc.). The thesis analyses legal acts regulating the institution of unjust enrichment for the area of private law, eventually specifically for the business relations. Especially in the areas where the legal text itself is not exhaustive, it supplies also analysis of relatively extensive case law (available so far only in respect of the previous legislation), eventually also the analysis of expert opinions. It draws attention to certain conflicts in interpretation of individual legal provisions. Considering the recent essential change of the private law basis (new private law codes) the thesis provides to a considerable extent comparison of the...

Protection of minority shareholders after the recodification of Czech private law This thesis is concerned with the instruments designated for protection of minority shareholders, their reasons and aims. The thesis critically assesses Czech legislation concerning the protection of minority shareholders, with the focus on new instruments and interpretation ambiguities and having regard to the opinions of professional public. After assessing the opinions of professional public, the author presents his own view on interpretation ambiguities. The thesis is systematically divided into seven chapters. Chapter One includes general terminology definitions. Terms shareholder, Czech public limited company, minority shareholder and qualified shareholder are explained. The term of protection of minority shareholders is explained here as well. Chapter Two includes general summary of the legislation concerned with protection of minority shareholders. The chapter divided according to the individual legal areas containing the protection. It includes complex outline of minority shareholder rights, with regard to their reasons and aims. Chapter Three includes detailed view and justification of use of correspondence voting, the instrument of attendance of general meetings by technological means, and cumulative...

Theory and Practice of Legal Protection of Personality Rights Legal protection of personality rights is a specific and important issue, which allows every human being to enjoy his or her personality rights without any interventions. This kind of protection is grounded on the obligation of the society as a whole to respect human dignity and the inviolability of personality of every individual. Based on findings contained in my diploma thesis, the Czech legislation pays considerable attention to the protection of personality rights especially in the provisions of the Civil Code and the Charter of Fundamental Rights and Freedoms, both providing legal guarantees for defending oneself against illegally attacked parts of human personality. This kind of legal protection is supported by the effectiveness of the new Civil Code; unlike the previous Civil Code, it expands the number of provisions protecting human personality rights. My diploma thesis clearly suggests that the Czech legal regulation offers to injured individuals different possibilities of claiming their personality rights, for example, how to seek protection of already violated rights, which should be evaluated positively. However, it should be noted that legal practitioners must do their best to make efficient the means for remedying violated...

This thesis aims at a close examination of the problematic position of a third party in the proceedings to compel the execution of judgement and the execution proceedings. The only defensive instrument of a third party against the encroachment on their rights is the action to exempt a claim, which is the focus of my thesis. Although it is a defence against the proceedings to compel the execution of judgement and execution proceedings, the hearing about the action to exempt a claim is liable to a special type of the finding trial proceedings. The thesis includes also a short discourse on the proceedings to compel the execution of judgement and execution proceedings as these proceedings precede the action to exempt a claim. The thesis is divided into ten chapters. The first chapter is an introduction to the problems of the action to exempt a claim, which includes setting the target of my thesis. It is linked to the second chapter where I define the main terms used in my thesis. The third chapter is formed by a short historical excursion into the proceedings to compel the execution of judgement, execution proceedings and the action to exempt a claim. This chapter is further divided into subsections according to the law of a particular country and timeline. The following chapter Four contains the...

1 Abstract This thesis deals with the institute of unjust enrichment extending to commercial law. It is focused on specific aspects of existence of this institute in commercial law. Particularly it means an issue of the limitation of unjust enrichment claims in business relationships as well as other special elements of unjust enrichment in commercial law regulations such as the question of repayment of the performance caused by the withdrawal, the protection of the company name claims and protection against unfair competition, rights of industrial property and bill of exchange and cheques enrichment. Although the work is primarily based on existing legislation, it is not limited to the examination of the issue from the perspective of re-codification of private law. The thesis analyzes the various provisions of the relevant commercial law regulations whose interpretation is in theory and practice greatly divided, and with their detailed analysis using initially established theoretical basis, trying to make their own suggestions.