no / Singapore commercial contract law has taken an Asian perspective in respect of express terms of good faith in the negotiation of contract. In general, however, it adheres to the English contract law orthodoxy regarding good faith. More specifically, Singapore, like England, does not recognize a general duty or principle of good faith and it is reluctant to imply a duty of good faith into a contract. However, as a hub of international trade and a rising forum for commercial dispute resolution, Singapore will have a stronger need to reconcile the differences in good faith in contract law between the English/Commonwealth and the European-Asian legal traditions. Conventional wisdom and international commercial law instruments in this respect are not as helpful as one would expect for such a need. Instead, to an enlightening but limited extent, the “organizing principle” approach in Bhasin v Hrynew could be useful for setting up a framework for reconciling the differences. This framework could consist of an organising principle of (honouring) reasonable expectations, a duty of honesty, and a duty of fair dealing. The framework realistically concretises good faith into the three components, all of which are essentially objective and ascertainable in specific factual matrix and are well-recognised in both common law and civil law.

Every person is entitled to all the rights and freedoms set forth in international human rights instruments without distinction of any kind: this includes race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. In particular, every person is entitled to access justice to vindicate his or her rights. Although age is not expressly mentioned as one of the prohibited grounds of discrimination, particular provisions provide for special legal protection for minors. In addition, other particular instruments have been adopted to protect the rights of minors. The right to an effective judicial remedy for acts violating fundamental rights is guaranteed to minors by human rights instruments. The notion of ‘access to justice’ is used here in reference to an individual’s opportunity to enjoy equal access to legal services necessary for the protection of one’s rights and interests regardless of one’s means. It also implies the mechanism by which an individual may seek legal assistance including, among other things, drafting formal documents (wills, contracts), In reality,the effective enjoyment of rights is not possible when the holders of the rights have limited access to justice, i.e. access to judicial remedies in cases where their rights have been violated. / Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2011. / http://www.chr.up.ac.za/ / nf2012 / Centre for Human Rights / LLM

Les modèles du contrat FIDIC sont parmi les conditions de référence les plus couramment utilisées dans les projets internationaux. Le contrat FIDIC est calqué sur des conceptions juridiques enracinées dans le système de Common Law. Cependant, il y a une augmentation dans l’utilisation des modèles FIDIC dans les systèmes du code civil. Ainsi, les employeurs, les entrepreneurs, les organismes de financement internationaux, les ingénieurs, les avocats et les parties prenantes des projets, utilisant les modèles FIDIC dans les systèmes du code civil, doivent comprendre l'interprétation des dispositions FIDIC dans le contexte du droit civil. Dans cette recherche, l’application des provisions concernant le temps et le paiement supplémentaires sous l’auspice d’un contrat FIDIC (CONS) sera étudiée dans le contexte du droit civil, avec une attention particulière pour l’application spéciale de telles provisions sur le droit civil Egyptien. Les ressemblances et différences entre les provisions concernant le temps et le paiement supplémentaire sous l’auspice d’un contrat FIDIC (CONS) et le droit civil Egyptien seront identifiées. Des recommandations concernant les provisions concernées seront faites quant aux modifications à apporter soit au Code civil Egyptien soit au modèle FIDIC (CONS), selon le cas. Cette recherche vise à illuminer les employeurs, les ingénieurs et les entrepreneurs concluant des projets fondés sur le modèle FIDIC (CONS) et ayant élu le droit Egyptien en tant que loi applicable; gérer correctement les délais, retards et risques entraînant des paiements supplémentaires dans les contrats de construction. Cela devrait permettre de minimiser, autant que possible, les litiges associés aux retards et aux demandes de prorogation de délai et/ou du paiement supplémentaire. Étant donné que la plupart des systèmes juridiques du Moyen-Orient sont fondés sur les principes du droit civil et sont fortement influencés par le droit civil Egyptien, il est envisagé que cette recherche soutienne l'administration effective et efficace des contrats de construction dans la région. / The FIDIC forms of contract are one of the most commonly used standard conditions of contract in international projects. The FIDIC is based on legal concepts rooted in the Common Law system. However, there is an increase use of the FIDIC in Civil Law jurisdictions. Thus, employers, contractors, international financing organizations, engineers, lawyers and stakeholders of projects, using FIDIC in Civil Law jurisdictions, need to understand the interpretation of the FIDIC provisions against a Civil Law background. In this research, the application of time and additional payment provisions of the FIDIC (CONS) will be studied in the context of the Civil Law, with special application on the Egyptian Civil Law. Similarities and differences between the relevant provisions of time and additional payment under the FIDIC (CONS) and the Egyptian Civil Law will be recognised. Recommendations will be yielded as to amendments to be made either to the Egyptian Civil Code or to the FIDIC (CONS), as the case may be, in relation to the provisions at issue. It is envisaged that this research would help employers, engineers and contractors, entering into projects based on the FIDIC (CONS) and with the Egyptian Civil Law as the applicable law, properly manage time provisions, delays and risks leading to additional payment in the construction contracts. This should help minimize, as much as possible, disputes associated with and/or resulting from the delays and claims for extension of time and/or additional payment. Since most of the legal systems of the Middle East are founded upon Civil Law principles, and are most heavily influenced by the Egyptian Civil Law, it is envisaged that this research would support effective and efficient contract administration of construction projects among the region.

1 Development of Lien in Czech Countries Abstract The diploma thesis examines the development of lien in the Czech countries. The first part is focused on the theoretical description of the laws of lien from the point of view of today's legal theory. The theoretical description shall help the reader with better orientation and understanding of the basic principles of the lien, which developments are examined in the following parts. One of the main goals of the diploma thesis in the second part is to describe the development of lien, using the description method. The development of lien is described from its beginnings in Roman law which fundamentally shaped the next development of lien, through the Middle Ages, where the laws of lien were partly fragmented, until current legislation which mostly follows the Roman law heritage. In the second part of the diploma thesis, the main emphasis is placed on the development of lien after the year 1811, where are also considered the significant social and economic events in the history of the Czech countries, which visibly shaped the forms of lien. The obtained data are further used in the third part of the diploma thesis for the comparison of the three main Czech civil law codes, namely Act No. 946/1811 Coll., the General Civil Code, Act No. 40/1964 Coll., the Civil...

1 Law and Artificial Intelligence Abstract At present, the legal order of the Czech Republic is not directly concerned with artificial intelligence, even though the first technologies and systems based on it are already appearing. However, a number of soft law materials (strategies, plans and declarations) issued both by the Czech authorities and also within the European Union (especially by the European Commission) deal with artificial intelligence. Both Czech and EU materials are outlined in the thesis and are considered in further research. The aim of this thesis is to evaluate the actual needs to deal with artificial intelligence from a legal point of view and whether the current legislation is sufficient and applicable to artificial intelligence systems. After the introductory part, the thesis gives an overview of the history of artificial intelligence and its development, tries to define the term of artificial intelligence and related terms (algorithm, machine learning, deep learning) and then examines whether artificial intelligence can be included under some legal concepts (categories) already existing (artificial intelligence as a computer program, thing, product, computer virus and more). Furthermore, the thesis discusses the development and research of artificial intelligence, including ethical...

Civil liability in healthcare Abstract The topic of this master thesis is civil liability in healthcare. The aim of the author of this master thesis was to provide an analysis of the existing legislation, while also discussing individual aspects of legal liability, lex artis and as well as the individual actus reus of the duty to provide compensation for damage. The first chapter of the thesis deals with the hierarchical division of relevant legal sources with a focus on the regulation concerning the term lex artis. In the area of international law, the Convention on Human Rights and Biomedicine is discussed, which can be considered as a basis for national regulation, namely the Health Services Act. In conclusion, a brief explanation of the Code of Ethics issued by the Czech Medical Chamber is provided. In the second chapter, the concept of civil liability and its influence on civil liability is explained first and then the author of this master thesis discusses the individual conceptual theories of civil liability. It specifically concerns civil liability as a threat of sanction, sanction conceptual theory, other concepts of legal liability and a current view on this issue. It is followed by individual conditions of liability and its functions. The third chapter deals with the terminological analysis of...

Spinoza rejects ‘turning the other cheek’ where humans live in civic community, and denies that piety ever requires it under those circumstances. Yet he argues that Jeremiah and Jesus counsel it under the exceptional circumstances where civic community collapses, and one is exposed to oppression. Spinoza defends his view by appealing to the love command—one must love one’s neighbor as one loves oneself. This chapter shows how turning the other cheek when one cannot count on others to do likewise can be rational on Spinoza’s terms and how he resolves the apparent tension of his claim that one must not turn the other cheek when one lives under the rule of civil law with his claims that hatred is always bad, and that anyone who ‘lives by the guidance of reason’ endeavors to ‘repay another’s hatred with love or nobility’.

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