Magister Legum - LLM

Magister Legum - LLM

Magister Legum - LLM / This research will analyse legislation, case law, law commission papers and reports, as well as academic commentary on electronic evidence in South Africa, Canada and England. A comparative analysis will be conducted in order to determine whether South Africa is adequately regulating electronic evidence in light of international and foreign law.

Hybrid is a two-level logical framework that supports higher-order abstract syntax (HOAS), where a specification logic (SL) extends the class of object logics (OLs) we can reason about. We develop a new Hybrid SL and formalize its metatheory, proving weakening, contraction, exchange, and cut admissibility; results that greatly simplify reasoning about OLs in systems providing HOAS. The SL is a sequent calculus defined as an inductive type in Coq and we prove properties by structural induction over SL sequents. We also present a generalized SL and metatheory statement, allowing us to prove many cases of such theorems in a general way and understand how to identify and prove the difficult cases. We make a concrete and measurable improvement to Hybrid with the new SL formalization and provide a technique for abstracting such proofs, leading to a condensed presentation, greater understanding, and a generalization that may be instantiated to other logics.

The diploma thesis deals with the analysis of the best and highest use of the property (HABU). The theoretical part describes the basic principles of this method and its cruical parts: legal admissibility, physical possibility, financial merits and maximum profitability. This method is applied to a specific area called brown fields in the practical part of this thesis. The result of this method is the evaluation of the highest and best use of the property.

Thesis is focusing on the possible personal costs and is acquainting with their accounting and tax issues. It is analyzing the tax part of costs and their interception in accounting system. First part of the thesis is focused on compact overview of legal definition of accounting in Czech Republic and its principles and purposes for business activities. Further is describing a system of remuneration via wages, salaries and employee’s amenities and is explaining the group of accounts 52 – Personal costs issues in the connection with their tax aspects. The objective of diploma thesis is also defining mission allowances with relating valide.

The diploma thesis deals with the analysis of the highest and best use (HABU) of the property, which is applied to a specific example in the practical part of this work. The theoretical part describes and explains the four basic hypotheses of which the analysis consists (legal admissibility, physical possibility, financial merits and maximum profitability). The analysis is performed on the building of the former dining of Military Academy in Brno, which is currently unused.

1 Abstract Urgent and unrepeatable acts are an integral part of criminal proceedings and it would be difficult for law enforcement authorities to detect perpetrators of criminal offenses without them. Despite their characteristic of denying fundamental human rights, their implementation is in some cases essential for finding the material truth. This contradiction between the state's effort to maintain security on the one hand and the individual's right to a fair trial on the other poses a risk of possible misconduct for the entire criminal proceedings. The aim of this work was to point out that their implementation has a significant impact on the overall outcome of criminal proceedings considering their changing probative value, or even their absolute ineffectiveness. The individual acts were gradually incorporated into the Criminal Procedure Code from the most general legal boundaries to their present form. However, even today, it cannot be said with certainty that their legal regulation corresponds to the current needs. An analysis of the case law of individual urgent and / or unrepeatable acts shows that their completion by courts is necessary. From the available analysis, the following factors were found to affect the probative value: (i) insufficient reasoning of urgency or non-repeatability, but also...

1 Abstract Diploma thesis - Appeal This diploma thesis deals with the legal regulation of one of the extraordinary remedies of the Czech civil process - appeal. The first goal of my diploma thesis was to introduce systematic rules and extraordinary means in general and to add permits to their system, while in the first chapter I further analyzed the corrective systems according to which the scope of control activities of the court is determined. The legal regulation of permits has undergone the existence of dynamic changes during its existence, another, and primary, the aim of this work was described by the current legislation allowing and further outline the development of permitting legislation, which was returned as an extraordinary remedy in 1991. One of the other goals I chose is the description of the new concept of the legal regulation of permission, the regular remedy, which is regulated in the draft of the new Civil Code of the Ministry of Justice - the substantive intent of the Civil Procedure Code. According to the authors of the substantive intent of the introduced larger economic court proceedings, the change of permission to an ordinary appeal. According to the authors of the substantive intent, an important element would be a higher degree of legal certainty for the participants in the...

This thesis addresses risks of multiple recovery, prejudice to legitimate interests of third parties, and inadequate consideration of the applicable law in shareholder claims in investment treaty arbitration. It challenges the application by investment tribunals of two basic premises: i) that shareholders are entitled to claim for damages vis-à-vis measures against the company in which they hold shares and ii) that ‘contract claims’ are to be distinguished from ‘treaty claims’. The central argument is that the failure to recognize substantive overlaps between shareholder treaty claims and contract claims risks more than one recovery, potentially prejudices third parties, and can lead to an incomplete application of the applicable law. The foundations of standing and the cause of action in shareholder treaty claims involve two complementary ideas of independence, i.e., independence of shareholder treaty rights vis-à-vis the local company’s contractual/national law rights and independence of treaty claims vis-à-vis contract claims. However, the substance of shareholder treaty claims, defined as the state measure and particularly the losses involved, is often identical to or at least overlaps considerably with related contract/national law claims. Prevailing ideas on shareholder standing and the cause of action in international investment law have provided useful conceptual tools for jurisdictional determinations. Yet they have not allowed tribunals and the literature to fully consider the implications of shareholder indirect claims. The thesis argues, first, that investment tribunals should acknowledge substantive overlaps between contract and treaty claims. Second, shareholder claims may be inadmissible when such overlap exists and there is a risk of double recovery or prejudice to third parties. Third, the substantive coincidence of treaty and contract claims calls for an integrated approach to the applicable law, where proper weight is given not only to IIA provisions but also to general international law and the national law governing the investment.