Loan Contract This thesis investigates the provision of loans based on the Loan Contract under Sections 497-507 of the Commercial Code. The aim is to analyse the relevant legal regulation of the Loan Contract in detail, and to emphasize its interpretations issues, which are followed by the proposal of appropriate solutions. Furthermore, some other legal institutes closely related to the Loan Contract are also described (e.g. the Loan Contract under the Civil Code, loan business terms, security etc.). In the first chapter, the general concept of the loan is described, its essential importance in the free market economy, and its definition in the legal sense. The second chapter provides the history of the origin and evolution of the loan, from its formation under the Roman law to the changes in the contemporary legal regulation. The following third chapter aims to compare the Loan Contract under the Commercial Code with the Loan Contract under the Civil Code. The subject of the fourth chapter is the analysis of the fundamental principles which serve as guidelines for the Loan Contract structure. In the fifth chapter, the relevant legal regulations are addressed, the purpose and meaning of the loan business terms, and the legal character of the Loan Contract as an absolute commercial obligation. The...

In my thesis "Residential tenancy agreement - Landlord's status and non-mandatory provisions of Czech residential tenancy law" I explore specific institutes of Czech residential tenancy law. I deal with contractual freedom of the parties to arrange their own rights and obligations that may differ from those that are prescribed by the Czech civil code. I also put emphasis on the new legislation that will come into effect in 2014, which is going to substantially change legal relations between lessors and lessees. Starting with basic legal requirements for lease agreement I then describe rights and obligations of the parties that stem from it. At the end I go over legal tenancy agreement termination options. Through the comparison of the law as it is and its impact on real life I attain the aim of my thesis: to show what is problematic in the Czech residential tenancy law.

M.A. (History) / Please refer to full text to view abstract

Arbitration proceeding in Czech and Slovak Republic The topic of this thesis is arbitration proceeding in Czech and Slovak Republic. If the part of introduction and conclusion is not included, the thesis is divided into eight main chapters which are further systematically divided into other subchapters. In the first chapter dedicated to the concept and characteristics of arbitration the author focuses on sources and - with regard to the title of this work - the greatest attention is paid to the Contract concluded between Czech and Slovak Republic on legal cooperation. Furthermore the deal of this part is a relation between arbitration and civil proceeding and alternative dispute resolution. This chapter describes - among other issues - the types of arbitration, namely deals with the severance onto ad hoc and institutional arbitration, including comparison with Slovak law. In the following chapter the author deals with the advantages and disadvantages of arbitration but with the difference that he deals with these examples more broadly considering that individual attributes may not always be perceived in black and white, ie. it may not always be an advantage but should be viewed more comprehensively. Chapter Three is dedicated to arbitrability (both in Czech and Slovak legislation) as a key...

Magister Legum - LLM / Alternative dispute resolution refers to forms of dispute resolution, other than traditional and formal court based litigation. A notable benefit of alternative dispute resolution is that different processes are available for resolving a particular dispute in the most effective and efficient manner possible. Alternative dispute resolution includes but is not limited to arbitration, mediation, negotiation, conciliation and facilitation. The Constitution of the Republic of South Africa, 1996, lists human dignity, equality and the advancement of human rights and freedoms as the founding values of the Republic of South Africa. In terms of section 9(1) of the Constitution everyone is regarded as equal before the law and has the right to equal protection and benefit of the law in South Africa. Often it is however argued that traditional court based litigation hinders the full enjoyment of these rights by individuals. Consequently, alternative dispute resolution is attractive as an alternative to court based litigation as it is regarded as less expensive, more time effective and results in less conflict when it comes to resolving disputes in the most accessible, effective and efficient manner possible, in both developed and developing countries. The study will first focus on the pitfalls to traditional court based litigation in South Africa. The relevant legislation and processes which provide for alternative dispute resolution processes in South Africa, with specific focus on alternative dispute resolution in labour disputes, will be considered. Consideration will be given to the provision of alternative dispute resolution as contained in the Constitution, the Labour Relations Act 66 of 1995, the Rules for the Conduct of Proceedings before the CCMA of 2003 and the Arbitration Act 42 of 1965. The study will thereafter proceed to consider the use of alternative dispute resolution in labour disputes in Brazil, Russia, India and China, who, together with South Africa, are collectively referred to as BRICS. These five nations are considered the world’s leading emerging economies, with similar economic capabilities and demographics.

A research report submitted to the faculty of Commerce, Law and Management, University of the Witwatersrand, Johannesburg in fulfilment of the requirements for the degree of Master of Commerce (specialising in Taxation). Johannesburg - March, 2015 / Where Contracting States to a Double Taxation Agreement (DTA) refer to their respective domestic law concepts in respect of determining residence for purposes of a DTA, conflicting results may arise which can lead to double taxation and Contracting States being denied treaty relief. The interpretation of the concept of ‘Place of Effective Management’ as found in the residency tie-breaker clause in Art 4(3) of DTAs (based on the OECD Model Tax Convention on Income and Capital) used to resolve issues of dual-resident companies for purposes of applying the DTA, provides a pertinent example of a need for a common international understanding of treaty terms in order to avoid such potential conflicts. This paper explores how the term ‘Place of Effective Management’ should be interpreted in the above context by a South African court of law in order to conform to an internationally accepted meaning of the phrase.

O modelo de competição introduzido no Brasil pós-privatização exigiu a criação da Agência Nacional de Telecomunicações (ANATEL) para promover o desenvolvimento das telecomunicações, por meio de infra-estrutura capaz de oferecer à sociedade serviços adequados, diversificados e a preços justos. À ANATEL foram outorgados poderes para a implementação da política de telecomunicações: regulador, com objetivo de editar planos e regulamentos; fiscalizador, com objetivo de coibir práticas abusivas contrárias à legislação e mediador, com objetivo de compor negociações entre os agentes. A dissertação analisou a influência da ANATEL nas negociações na telefonia fixa, tendo como base a elaboração do acordo de interconexão entre a EMBRATEL e a Telefônica, pois, nesse cenário de mudanças, as negociações e conflitos são freqüentes, principalmente quando a questão é a interconexão de redes, pois os interesses econômicos das prestadoras de serviços são divergentes e o Estado cria uma obrigatoriedade de interconexão, tornando complexo o acordo. A ANATEL exigiu que as empresas realizassem a interconexão independente de um contrato, pois para o órgão regulador o interesse público é superior. Assim, o acordo e as questões divergentes estão na ANATEL para decisão por um processo de arbitragem. A celeridade esperada da ANATEL na gestão de conflitos não foi observada na prática, pois o acordo de interconexão está há quase um ano esperando solução. Verifica-se a importância da presença do órgão regulador, pois em razão da complexidade técnica, ele possui ferramentas que obrigam a prestação do serviço, mesmo sem o respaldo contratual. / The competition model introduced in post-privatization Brazil has demanded the creation of ANATEL, which stands for National Telecommunication Agency- (‘Agência Nacional de Telecomunicações’). Such institution is meant to promote the development of telecommunications through infrastructure capable of supplying society with adequate and diversified, fair-priced services. ANATEL has been granted powers for the implementation of the telecommunication policy: regulation powers, aiming at editing plans and regulations; inspection powers, whose objective is to hinder counter-legislation abuse practices; and mediation powers, which aim at composing negotiations among agents. This dissertation has analyzed ANATEL’s influence on the negotiations of ‘settled/fixed’ telephone services, based on the elaboration of the agreement of interconnection between EMBRATEL and Telefônica. In the present scenery of changes, negotiations and conflicts are rather frequent, mainly when the point in question is the interconnection of networks, as not only do telephone companies have divergent economic interests, but the State also makes interconnections mandatory, thus making the agreement rather complex. ANATEL demanded that the companies should consummate the interconnection regardless of a contract, as public interest is the official regulating agency’s first and foremost concern. Therefore, ANATEL is holding the agreement and the divergent issues, waiting for an arbitration process. The celerity expected from ANATEL in conflict management has actually not been noticed, as the agreement of interconnection has remained unsolved for nearly a year. The importance of the presence of the official regulating agency is quite clear, as in the face of technical complexity, such institution possesses the tools which compel the supply of the services, even without the support of a contract.

ABSTRACT In 2015, an Agreement was made in Paris at the 21st conference of the Parties of the UN. The purpose of the Paris Agreement was to collectively target climate change and keep the global warming under 2°C. Since then, the strength of this Agreement has been evaluated in numerous ways, optimists and pessimists present arguments for different theories and opinions. While some argue that the agreement is too weak because of its non-binding features and vagueness, others argue that the very same vagueness has opened up a new door. To contribute with a new perspective, the aim of this study is to describe and analyse different conceptions of nature in the Nationally Determined Contributions submitted to the Paris Agreement by Parties who signed it. Based on previous research about different conceptions of nature, an analytical framework is built and used through a text analysis of some of the Contributions. The findings of this qualitative, descriptive case study are meant to create a deeper understanding of the Contributions made to the Paris Agreement, describing if different conceptions of nature are found and whether this affects the way the Parties aim to tackle the climate crisis.

Le droit de mettre fin à une relation contractuelle comprend deux aspects : le droit de résilier un contrat à durée indéterminée et le droit de refuser de renouveler un contrat à durée déterminée. Son existence est incontestable à l’égard de l’ensemble des contrats de distribution, y compris ceux qui revêtent la qualification de mandat. Néanmoins, son exercice est encadré par la théorie de l’abus lorsque le titulaire de ce droit subjectif manque à un devoir moral du maintien temporaire de la relation contractuelle. Dans cette hypothèse, laresponsabilité civile du titulaire du droit est engagée sur le fondement de la notion de faute.Toutefois, ce même titulaire peut être contraint de payer une indemnité même en absence de toute faute commise de sa part : telle est l’hypothèse de l’indemnité de fin de contrat prévue au bénéfice d’une partie des distributeurs. Cependant, il ne faut pas interpréter cette indemnité comme une remise en cause de ce droit subjectif. En effet, cette indemnité trouve sa justification dans les éléments étrangers à ce droit. En d’autres termes, le paradoxe entre l’indemnité et le droit subjectif n’est qu’apparent : le droit de mettre fin à une relation contractuelle de distribution est dépassée par l’indemnité de fin de contrat. / The existence of the right to terminate a contractual relationship of distribution isundeniable, even though the exercise of this right is limited by the theory of abuse, a case of fault-based liability. However, sometimes the supplier should pay an indemnity even though they terminate a distribution agreement without fault.

The Federal Aviation Administration (FAA) has been promoting Advanced Qualification Program (AQP) for pilot training and checking at Federal Aviation Regulations (FAR) Part 121 and Part 135 air carriers. Regarding pilot performance evaluation, instructors and evaluators assign scores to a student based on specific grading standards. To ensure the best possible quality of training and the highest level of safety, it is vital for different instructors and evaluators to grade students based on the same standard. Therefore, inter-rater and referent-rater agreement are paramount in calibrating the performance evaluation among different instructors and evaluators. This study was designed to test whether a focused workshop could increase the level of inter-rater and referent-rater agreement. A pre-test post-test control group experiment was conducted on a total of 29 Certified Flight Instructors (CFIs) at Purdue University. Participants were asked to watch several pre-scripted video flight scenarios recorded in an Embraer Phenom 100 FTD and give grades to the student pilots in the videos. After a rater training workshop that consisted of Behavior-Observation Training, Performance-Dimension Training, and Frame-of-Reference Training, participants in the treatment group were able to achieve a significantly higher level of inter-rater and referent-rater agreement.