Magistro darbo tema – Sutarties pakeitimo dėl iš esmės pasikeitusių sutarties vykdymo apinkybių galimybės ir Lietuvos teismų praktika. Darbe analizuojamos galimybės pateisinti sutarties nevykdymą dėl pasikeitusių aplinkybių įtakos remiantis skirtingose teisės sistemose įtvirtintu reglamentavimu. Tyrime analizei pasirinktos tų valstybių nacionalinės teisės sistemos, kuriose įtvirtintas reglamentavimo modelis buvo pavyzdžiu kitoms valstybėms. Darbe analizuojamos Prancūzijos, Vokietijos, Anglijos ir Jungtinių Amerikos Valstijų teisėje įtvirtintos sutarties vykdymo pasikeitus aplinkybėms instituto reglamentavimo variacijos. Taip pat darbe analizuojami skirtinguose tarptautiniuose teisės aktuose įtvirtinti pasikeitusių aplinkybių instituto reglamentavimo modeliai, analizei buvo pasirinkti šie tarptautiniai teisės aktai: Vienos konvencija Dėl tarptautinių sutarčių teisės, UNIDROIT Tarptautinių komercinių sutarčių principai, Europos sutarčių teisės principai ir Jungtinių tautų konvencija Dėl tarptautinio prekių pirkimo – pardavimo sutarčių. Ketvirtąjame darbo skyriuje yra analizuojamos sutarties vykdymo pasikeitus aplikybėms instituto taikymo sąlygos, atskleidžiamas jų turinys ir išskiriami reikalavimų tenkinimo vertinimo kriterijai. Prieinama išvados, kad esminiu gali būti pripažintas tik toks sutarties vykdymo suvaržymas, kuris ne tik iš esmės padidina sutarties įvykdymo kainą arba sumažina gaunamą įvykdymą, bet ir itin komplikuoja suvaržymą patiriančios šalies galimybes toliau... [toliau žr. visą tekstą] / Thesis of the paper – Probability to adjust the contract terms regarding to changed circumstances and the analysis of Lithuanian courts practice. The paper analyzes the justification for the failure to perform on the basis of changed circumstances. The study selected for analysis the national legal systems, which maintained regulatory model has been followed by other countries. The paper examines French, German, British and United States law of contract and the variety of regulatory variations regarding changed circumstances. It also analyzes the regulatory models of hardship established in different international legal instruments. For the analysis were selected following international instruments: the Vienna Convention on the Law of Treaties, the UNIDROIT Principles of International Commercial Contracts, the Principles of European Contract Law and United Nations Convention on Contracts for the International Sale of Goods. The fourth chapter analyzes the requirements for the situation in order to claim hardship. This chapter revealed the content of requirements and identifies the assessment criteria for declaring the fulfilment of the conditions. Analysis leads to the conclusion, that the substantial restriction of the contract can be recognized only in cases, which not only substantially increases the price of the performance or reduce the resulting performance, but also substantially complicates and burdens the possibilities of affected contractor to continue performing... [to full text]

A physically inactive lifestyle is a predisposing risk factor for fall-related hip fracture. The circumstances, or precipitating factors, surrounding hip fractures are, however, not well understood, a factor of relevance for Swedish adults who have one of the highest hip fracture risks in the world. The aims of this thesis, therefore, were: to explore perceptions of physical activity (PA) among older adults, to describe the circumstances surrounding hip fracture events and the health characteristics of those who experience them. Four observational studies were conducted involving qualitative, epidemiological and mixed method designs. Participants in study I were recruited from community settings in Stockholm and Dublin (n=30). Studies II-IV (sample sizes, n=484, n=125, n=477) were based on a population-based sample of people admitted to Uppsala University hospital due to hip fracture. Study IV also incorporated the background population of Uppsala county in 2010 (n=117 494). Analysis of PA perceptions in study I revealed that PA which is functional nature is perceived as most meaningful among certain participants. The uptake of PA in later years was a means of creating a new self-identify and being active in outdoor environments was an important culture-specific motivator to PA among Swedish participants. Analysis of hip fractures patterns in studies II-III showed that: hip fractures among psychotropic drug users were twice as likely to occur during night-time hours compared to those occurring among people not receiving these drugs. Additionally, the fall-related hip fractures of community dwellers with poorest health and function tended to occur indoors during positional changes. In study IV, all categories of disease (according to the International Classification of Diseases, 10th Revision) were seen to be positively associated with hip fracture.  Cardiovascular disease and previous injury (including previous fracture) posed the highest relative and absolute fracture risks. Detailed investigation of hip fracture circumstances reveal patterns in health and functional characteristics, which provide information regarding predisposing and precipitating factors for these events. This knowledge, in combination with findings regarding PA perceptions, can be used when identifying individuals at high risk for hip fracture and when tailoring fracture prevention at an individual level to those at risk.

The current research utilizes a multi-level analysis of historical, clinical, situational and neighbourhood factors to predict violence severity among persons with major mental illness. In addition, it draws on the typologies of offenders proposed by Moffitt (1993) and Hodgins and Janson (2002) to explore whether different predictors of violence severity exist for early-start, persistent offenders and late-start offenders. Finally, it compares early-start and late-start offenders with major mental illness to determine if differences exist in their criminal history, clinical presentation, motive for violence, crime-scene behaviours and neighbourhood backgrounds. A retrospective chart review of a mental health court support program in Toronto, Canada is utilized to explore the correlates of violence severity. Clinical charts and supplemental arrest records are content analyzed to extract data on arrestee/offender characteristics and on crime scene behaviours and tract-level data from the 2001 Canada Census is used to identify structural features of the neighbourhood environment of arrestees/offenders at the time of their arrest. Violence severity is measured using the Cormier-Lang System of Quantifying Criminal History (Quinsey, Harris, Rice, & Cormier, 1998). In total 1806 charts were reviewed and 245 subjects were subsequently included within the analyses. Using a variety of analytic techniques, the following results were obtained: 1) offense characteristics such as victim gender, victim-offender relationship, instrumental motive, and use of a weapon were the most robust predictors of violence severity while clinical factors such as diagnosis and comorbid clinical conditions were marginally significant predictors and historical factors such as previous violence and early-start offending were not significant predictors of violence severity; 2) context-specific measures accounted for more of the explained variation in violence severity than did individual-specific measures; 3) early-start and late-start offenders did differ with respect to history of violence, presence of a comorbid clinical condition such as a personality disorder or substance abuse and current life circumstances. Implications for theory refinement, clinical practice and program development are discussed and future avenues of research are considered.

The current research utilizes a multi-level analysis of historical, clinical, situational and neighbourhood factors to predict violence severity among persons with major mental illness. In addition, it draws on the typologies of offenders proposed by Moffitt (1993) and Hodgins and Janson (2002) to explore whether different predictors of violence severity exist for early-start, persistent offenders and late-start offenders. Finally, it compares early-start and late-start offenders with major mental illness to determine if differences exist in their criminal history, clinical presentation, motive for violence, crime-scene behaviours and neighbourhood backgrounds. A retrospective chart review of a mental health court support program in Toronto, Canada is utilized to explore the correlates of violence severity. Clinical charts and supplemental arrest records are content analyzed to extract data on arrestee/offender characteristics and on crime scene behaviours and tract-level data from the 2001 Canada Census is used to identify structural features of the neighbourhood environment of arrestees/offenders at the time of their arrest. Violence severity is measured using the Cormier-Lang System of Quantifying Criminal History (Quinsey, Harris, Rice, & Cormier, 1998). In total 1806 charts were reviewed and 245 subjects were subsequently included within the analyses. Using a variety of analytic techniques, the following results were obtained: 1) offense characteristics such as victim gender, victim-offender relationship, instrumental motive, and use of a weapon were the most robust predictors of violence severity while clinical factors such as diagnosis and comorbid clinical conditions were marginally significant predictors and historical factors such as previous violence and early-start offending were not significant predictors of violence severity; 2) context-specific measures accounted for more of the explained variation in violence severity than did individual-specific measures; 3) early-start and late-start offenders did differ with respect to history of violence, presence of a comorbid clinical condition such as a personality disorder or substance abuse and current life circumstances. Implications for theory refinement, clinical practice and program development are discussed and future avenues of research are considered.

Conselho Nacional de Desenvolvimento Científico e Tecnológico / A "reconstrução nacional" de Angola impressiona pela magnitude de seus empreendimentos visíveis. Esta Tese trata de travessias conduzidas por diferentes atores sociais "através" e "apesar" da "reconstrução nacional". A partir de micronarrativas de algumas pessoas que compõem a "Angola" contemporânea e que, em algum momento, foram minhas interlocutoras, sigo por caminhos que operam como chaves interpretativas para traçar os sentidos e os significados do pós-guerra no país. Para transitar "através da reconstrução nacional" é necessário ser re-conhecido, não apenas por políticas repressivas e de gestão de populações, mas também como sujeito de direitos. Aqueles que não obtiveram este re-conhecimento agenciam as brechas existentes em seus campos de possibilidades, "apesar da reconstrução nacional". Entre arranjos circunstanciais e (não) re-conhecimentos alguns ocupam, situacionalmente, a condição de borderlander. E "através" e "apesar" pessoas constroem suas vidas enquanto a nação se reconstrói. / Angola's national reconstruction is impressive because of its visible achievements' magnitude. This Thesis is about the trajectories of different social actors through and in spite of the "national reconstruction. Analyzing the micro narratives from some people belonging to contemporary "Angola" that were, at some point , my interlocutors, I follow the paths which operate as interpretive keys to the meanings of post-war in that country. Transitioning through national reconstruction " is a requirement for people to be known and acknowledged, not only by the repressive policies and the management of populations, but also as subjects of rights. Those who are not recognized have to manage the existing gaps in their fields of possibilities, in spite of the national reconstruction ". Among circumstantial arrangements and (the absence of) acknowledgment, some of them occupy, situationedly, the "borderlander " condition. And "through and in spite of, the people build their lives while the "nation is reconstructed.

Conselho Nacional de Desenvolvimento Científico e Tecnológico / A "reconstrução nacional" de Angola impressiona pela magnitude de seus empreendimentos visíveis. Esta Tese trata de travessias conduzidas por diferentes atores sociais "através" e "apesar" da "reconstrução nacional". A partir de micronarrativas de algumas pessoas que compõem a "Angola" contemporânea e que, em algum momento, foram minhas interlocutoras, sigo por caminhos que operam como chaves interpretativas para traçar os sentidos e os significados do pós-guerra no país. Para transitar "através da reconstrução nacional" é necessário ser re-conhecido, não apenas por políticas repressivas e de gestão de populações, mas também como sujeito de direitos. Aqueles que não obtiveram este re-conhecimento agenciam as brechas existentes em seus campos de possibilidades, "apesar da reconstrução nacional". Entre arranjos circunstanciais e (não) re-conhecimentos alguns ocupam, situacionalmente, a condição de borderlander. E "através" e "apesar" pessoas constroem suas vidas enquanto a nação se reconstrói. / Angola's national reconstruction is impressive because of its visible achievements' magnitude. This Thesis is about the trajectories of different social actors through and in spite of the "national reconstruction. Analyzing the micro narratives from some people belonging to contemporary "Angola" that were, at some point , my interlocutors, I follow the paths which operate as interpretive keys to the meanings of post-war in that country. Transitioning through national reconstruction " is a requirement for people to be known and acknowledged, not only by the repressive policies and the management of populations, but also as subjects of rights. Those who are not recognized have to manage the existing gaps in their fields of possibilities, in spite of the national reconstruction ". Among circumstantial arrangements and (the absence of) acknowledgment, some of them occupy, situationedly, the "borderlander " condition. And "through and in spite of, the people build their lives while the "nation is reconstructed.

The researcher aimed to answer the following question: What are the perceptions of preadolescent children and educators with regard to the phenomenon of acting-out behaviour? The goal of the study was to explore the perceptions of educators and pre-adolescent children on the phenomenon of acting-out behaviour. Pre-adolescence and socio-economic problems were discussed and behavioural theories, behavioural difficulties and acting-out behaviour were explored. The population consisted of educators and grade 5 to grade 7 learners in the two participating schools. Ten educators and twenty learners in each grade were selected by means of stratified random sampling, to participate in the study. The survey design was utilised, as the researcher wished to explore perceptions of educators and pre-adolescent learners on the phenomenon of acting-out behaviour. The researcher formulated two questionnaires that were reader-friendly to both educators and learners respectively. The questionnaires focused on aspects of acting-out behaviour observed in the developmental level which is of concern to the study. Research results have indicated that acting-out behaviour is an ever-increasing phenomenon, even though the term “acting-out” is relatively unknown. The educators and learner respondents had very similar views on acting-out behaviour and the reasons for this negative behaviour displayed by children. It can therefore be concluded that acting-out behaviour is perceived as being very real in the lives of today’s children and is very often regarded as problematic behaviour and only addressed as such. Characteristics of actingout behaviour include lying, swearing, aggressiveness, hitting and kicking, badmouthing others, poor school marks, bullying and seeking attention. Parental conflict is the highest cause of emotional problems and consequently behavioural problems in children. The family system is also the most important system in the pre-adolescent’s life. Consequently it is recommended that families need to be considered as a key system in the development of acting-out behaviour, but most importantly also, as a key factor in dealing with such behaviour. Further research on, especially, intervention methods with regard to acting-out behaviour and socio-economic factors are recommended and emphasised. Copyright / Dissertation (MSW)--University of Pretoria, 2010. / Social Work and Criminology / unrestricted

Responsibility of the doctor in criminal law and the circumstances under which it is possible to carry out medical procedures without the threat of legal punishment is a topic that has been, is and will be always up to date. It is a complex set of problems, which includes aspects of moral, medical and legal. In my thesis I focused on relationship between doctor's proffession and legal aspects of his work according to criminal law. Its goal is to describe the issue of the practice of medicine and circumstances of justification in terms of legislation in the Czech Republic. The thesis consists of three chapters. The first chapter provides an introduction to the problem and the reasons that led me to choose this topic work. The second chapter is devoted to criminal liability and is divided into two parts. The first contains the general conditions that are necessary for criminal liability of doctors. The second part contains the typical and most common possible crimes that may physician in the exercise of their profession commit. The third and most extensive chapter has focused on description of the circumstances of justification. The chapter is divided into four parts. Firstly it deals with self-defense and legitimate use of weapons that are not too common in the medical environment. Then I focus on...

The question of free will, determinants of free action and responsibility is one of the most thrilling questions of the mankind. Moreover, the free will problem is closely connected to regulation and hindsight judgement of man behaviour so the law is concerned with the problem as well. However, a legal concept of free will is missing in the Czech law or legal theory. The author is therefore concerned with the fact that there is no satisfactory legal definition of free will even though legal responsibility is impliedly based on free action and free will. The Czech law defines just the freedom of action in negative terms, i.e. as an action of will free from circumstances limiting or precluding legal responsibility. The aim of the thesis is to summarize knowledge of social psychology regarding free will and assess whether the Czech law does impose the right standard of freedom of will in comparison to scientific experiments and findings. Furthermore, there are philosophical theories of free will introduced in the thesis and consequently these theories are questioned and examined for the purpose of defining legal concept of free will. At the end of the psychological part of the thesis one comes to the conclusion that the social determinants such as peer pressure, conformity and obedience to authority...

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