Termination of employment in Czech and English law This final thesis deals with the subject of termination of employment in the Czech Republic and England. The comparison is of interest for two main reasons. The first reason is a difference in the level of regulation of the labour market in England and the Czech Republic. England has the least regulated labour market in the European Union and the third least regulated labour market in the world. The Czech Republic on the other hand has one of the most tightly regulated labour markets in the world. The second reason of interest is that there is a fundamental difference in the legal culture in both countries. England is the birthplace of the Anglo-American legal culture, and the Czech Republic is the perfect example of the continental legal culture. These reasons are a reflection of the fundamentally different ways in which the English and Czech employment law and its instruments evolved. There are three main parts of the thesis. The first part of the thesis describes the legal ways in which the employment relationship may be terminated in the Czech Republic. Every single way of terminating the employment relationship is enshrined in the Czech Labour Code. These include legal acts, legal facts and official decisions. Much of the first part of the final thesis...

The destructive force of the far-right was tragically witnessed through the mass devastation brought about by World War II. The international community sought to prevent the repetition of such destruction through the establishment of institutions, such as the United Nations, and the adoption of documents such as the Universal Declaration of Human Rights and the European Convention on Human Rights. Jurisprudence and conventions on a supranational level directly prohibit speech and expression of the far-right with, for example, Article 4 of the International Convention on the Elimination of All Forms of Discrimination prohibiting racist associations and racist expression. Nevertheless, we are living in a world where violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, where xenophobic parties have done spectacularly well at the latest European Parliament elections, where the United Kingdom has voted to leave the European Union and where Donald Trump has been elected as the next president of the United States of America. As such, the far-right is no longer a phenomenon of the past. It is one of the present, rising at swift and worrying rates. In this light, the study analyses how supranational bodies, namely the United Nations, the Council of Europe and the European Union, require their members to tackle right-wing extremism either directly, or through the regulation of by-products of right-wing extremism, such as hate speech. The adherence to international obligations is examined through an assessment of two jurisdictions, namely, England and Wales and Greece. For purposes of this thesis, supranational obligations emanate from, inter alia, instruments such as the International Covenant on Civil and Political Rights, the International Convention on the Elimination of All Forms of Racial Discrimination and the European Convention on Human Rights. It must be noted that, on an EU level, there is also a centralised mechanism in the form of Article 7 TEU which can, in theory, be used against Member States which embrace a far-right ideology or, potentially, tolerate the far-right. However, this tool has never been used. The dissertation considers the means and methods adopted by the jurisdictions under consideration to interpret and apply international and European obligations through their national legal systems along with a broader conceptualisation of their legal and judicial approaches to right-wing extremism. The country analyses commence with an assessment of their adherence to international and European obligations, the thesis looks at the case-studies' domestic frameworks in the realm of challenging far-right movements. For both countries, there is a legal analysis of how central rights and freedoms, such as non-discrimination, expression, assembly and association, are established by law. For England and Wales, it proceeds to look at the role of criminal law in relation to the far-right, assessing the public order ambit which is the one most habitually used to challenge the rhetoric and activities of the far-right. This is followed by an evaluation of recent anti-terror legislation which has come into play in relation to the regulation of violent elements of the far-right movement. After looking at criminal law and how it deals with ensuring public order and countering terror, the assessment of England and Wales looks at how national law treats political parties before registration and during their functioning. The purpose is to determine what tools and sub-tools are available and can be used for challenging far-right parties contesting elections. From the above-described analysis, it is concluded that the legal framework of England and Wales embraces the significance of the freedom of expression but readily allows for the limitation of speech if issues of public order, terrorism or anti-social behaviour arise. Assemblies are also readily prohibited if public order or anti-social behaviour issues arise. What is clear is that this case-study is not willing to proscribe associations if such associations do not amount to terrorist organisations. In relation to Greece, the dissertation assesses the principal legal instrument that tackles issues relevant to challenging the far-right, namely the criminal law framework and particularly the law on the punishment of racially discriminatory acts, and relevant provisions of the Greek Penal Codes such as those on racial aggravation and criminal and terrorist organisations. It also look at the non-discrimination law which is relevant to this case-study given Golden Dawn's provision of services to Greeks only. It became evident from the analysis that relevant legislation has seldom been relied upon to challenge the far-right in Greece, a reality which has led to a state of impunity for the criminal activities of Golden Dawn and an issue that has become a key concern for national and international human rights institutions and non-governmental organisations. Although some members of Golden Dawn were convicted for their criminal activities and the Court recognised their affiliation with Golden Dawn, before the murder of an ethnic Greek, no steps were taken against the organisation. The chapter incorporates an analysis of the legal basis of the ongoing trial against Golden Dawn. Furthermore, the chapter also looks at how national law treats political parties before registration and during their functioning. This analysis demonstrated that political parties, even ones with dangerous and undemocratic intentions, can register and function without limitations with the only point of State intervention being when such entities cross into the threshold of a criminal organisation, as was the case of Golden Dawn.

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Focus of this master thesis is to summarize and compare the legislation of shares in Czech Republic and England. The systems are compared from a general point of view at the beginning of the work.

This study analyses the treatment of Islamic law (Fiqh) under the English legal system by looking into the developments in waqf law in British India. It has the dual objective of analysing the impact of the English legal system upon Islamic law, and determining the role of various actors in this process. It argues that waqf law was transformed in order to fit into the state structure. The colonial state used the techniques of translation, adjudication, legislation and teaching in order to transform Islamic law. Adjudication was preferred over legislative codification as a mode of governance and rule making because of its flexibility. The translation of classical Islamic legal texts, the Hidāya and certain parts of the Fatāwā al-‘Ālamgīriyya, relieved English judges of the need for a reliance on local legal advisors. However, Muslim lawyers, judges, legal commentators, and some religious scholars (‘ulamā’) simultaneously collaborated and negotiated with, and resisted colonial administrators in the process of legal transformation. As adjudication was a preferred mode of transformation, legal commentaries played a crucial role in legal developments. A majority of legal commentators were Muslims, such as Ameer Ali, Abdur Rahim and Faiz Tyabji. They used their legal treatises to resist any colonial intervention in Islamic law. Although English educated Muslims replaced ‘ulamā’ as cultural intermediaries between the state and society, this did not eliminate the role of ‘ulamā’ as the custodians of Islamic law. They established closer links with society and issued fatāwā (legal opinions) on legal issues. Fatāwā were sought regarding every important aspect of waqf law, from the validity of family awqāf to the management of awqāf and the permissibility of awqāf of movables such as shares of companies. ‘Ulamā’ also lobbied for the enforcement of Islamic law in order to promote women’s rights of inheritance and to get a divorce. This study finds that Anglo-Muhammadan law was a product of interaction between various sections of Muslim society and colonial administrators. It reflected the socio-political context of colonial India and the process of negotiations between divergent interest holders. Despite replacing the traditional institutional structure, the overall legal system became more inclusive. It could interact with various stakeholders and represent them in the process of law making in order to respond to social change.

This thesis argues that the Middle English alliterative prosody of the Piers Plowman tradition was influenced by a discourse combining law, history, homily and poetry which was inherited from the administrative practices of the Anglo-Saxon period. As literary and legal textual genres developed recognizably distinct formal characteristics in the later Middle Ages, the combination of homiletic rhetoric and alliterative sound-patterning evoked a surviving discourse in which the formal characteristics of poems and documents were less clearly distinguished. Thus insofar as it evoked Anglo-Saxon textual culture, Piers Plowman provided a formal model which was particularly suitable to criticisms of political institutions that consolidated their power by developing new distinctions between the genres of bureaucratic texts. In each of the texts and traditions studied – Wulfstan’s homiletic law code I–II Cnut and its Latin translations, The First Worcester Fragment, Laȝamon’s Arthurian Brut chronicle-poem, The South English Legendary "Life of St. Egwine", and the Piers Plowman tradition poem Mum and the Sothsegger – apparently “literary” devices are used to authorize historically-based “legal” claims, particularly on behalf of ecclesiastical institutions looking to maintain their local influence in the face of increasingly consolidated royal administrative authority. Though oaths played a much less important procedural role after the Norman Conquest than they did in the Anglo-Saxon period, the appearance of "creative" authenticating procedures in "commemorative" texts created the appearance of orality to post-Conquest readers, to criticize a government which claimed its English "common" law to originate in the remotest recorded antiquity, even as it abandoned the practices actually recorded in the earliest surviving law codes and documents to be written in England. Comparing these texts allows a deeper understanding of their shared authenticating strategies, and also a re-appraisal of the methods we use to describe the relationships between medieval documents and authors, literature and law, texts and contexts. Appended to the dissertation is an edition of the SEL "Life of St. Egwine." Because Egwine's hagiographic tradition is so thematically invested in political concerns and closely interconnected with legal documents attributed to Egwine himself, the edition provides an opportunity to take a "disjunctively" literary and diplomatic approach to the tradition, in the process exploring some of the practical implications of the larger theoretical issues raised by the thesis as a whole.

This thesis argues that the Middle English alliterative prosody of the Piers Plowman tradition was influenced by a discourse combining law, history, homily and poetry which was inherited from the administrative practices of the Anglo-Saxon period. As literary and legal textual genres developed recognizably distinct formal characteristics in the later Middle Ages, the combination of homiletic rhetoric and alliterative sound-patterning evoked a surviving discourse in which the formal characteristics of poems and documents were less clearly distinguished. Thus insofar as it evoked Anglo-Saxon textual culture, Piers Plowman provided a formal model which was particularly suitable to criticisms of political institutions that consolidated their power by developing new distinctions between the genres of bureaucratic texts. In each of the texts and traditions studied – Wulfstan’s homiletic law code I–II Cnut and its Latin translations, The First Worcester Fragment, Laȝamon’s Arthurian Brut chronicle-poem, The South English Legendary "Life of St. Egwine", and the Piers Plowman tradition poem Mum and the Sothsegger – apparently “literary” devices are used to authorize historically-based “legal” claims, particularly on behalf of ecclesiastical institutions looking to maintain their local influence in the face of increasingly consolidated royal administrative authority. Though oaths played a much less important procedural role after the Norman Conquest than they did in the Anglo-Saxon period, the appearance of "creative" authenticating procedures in "commemorative" texts created the appearance of orality to post-Conquest readers, to criticize a government which claimed its English "common" law to originate in the remotest recorded antiquity, even as it abandoned the practices actually recorded in the earliest surviving law codes and documents to be written in England. Comparing these texts allows a deeper understanding of their shared authenticating strategies, and also a re-appraisal of the methods we use to describe the relationships between medieval documents and authors, literature and law, texts and contexts. Appended to the dissertation is an edition of the SEL "Life of St. Egwine." Because Egwine's hagiographic tradition is so thematically invested in political concerns and closely interconnected with legal documents attributed to Egwine himself, the edition provides an opportunity to take a "disjunctively" literary and diplomatic approach to the tradition, in the process exploring some of the practical implications of the larger theoretical issues raised by the thesis as a whole.

共一冊，約五萬字，計分五章十一節 本文試以英國之法律及實務為主要參考資料，以海上保險中之委付制度為範圍，就我 國現行海上保險法規與實務間所存在之偏差加以研究，進而就委付之有關規定提出修 正建議，期使保險契約當事人間之權義關係更加明確，海險紛爭之解決更公平合理。 第一章首就委付法理在海上保險中之適用提出扼要之說明，再就英國法及我國海商法 所界定委付之定義，分別予以闡述。 第二章說明實質全損與推定全損之涵義，以及概述各國海上保險法所規定之委付原因 ，並針對我國法定委付原因之性質作進一步之分析。 第三章就我國海商法及實務慣例對委付之程序，委付之生效要件所作之規定及處理， 提出討論，以說明其異同。 第四章就我國海商法及實務慣例所賦予委付之效果提出進一步之說明，計分保險標的 權利之移轉、保險金額之給付、被保險人之義務等有關問題，加以分析比較。 第五章綜合本文之分析與研究，就我國現行海上保險委付制度之缺失提出檢討及修正 之芻議，以供參考。

Les notions de pouvoir adjudicateur et d'entité adjudicatrice délimitent le champ d'application personnel de la réglementation européenne des marchés passés respectivement dans les domaines classiques de l'activité administrative et dans certains secteurs d'utilité publique organisés en réseau. Ces notions sont définies selon une approche fonctionnelle qui soulève des interrogations au regard de différents concepts du droit interne. L'étude de trois exemples représentatifs, à savoir le droit français, le droit allemand et le droit anglais, permet de mettre en évidence ces problèmes qui peuvent être synthétisés autour de deux thématiques: la forme juridique de l'acheteur et sa dépendance à l'égard des pouvoirs publics. D'une part, il s'agit d'étudier les incidences de la nature publique ou privée et, plus généralement, de Ia personnalité morale d'une entité sur la mise en œuvre en droit interne des notions de pouvoir adjudicateur et d'entité adjudicatrice. D'autre part, il s'agit d'examiner, à partir de l'interprétation jurisprudentielle de ces notions mais aussi de certaines réglementations nationales spéciales, dans quelle mesure l'activité de différents organismes et les liens, notamment économiques, qu'ils entretiennent avec les pouvoirs publics justifient de les soumettre à la réglementation de marchés publics. / The concepts of "contracting authority" and "contracting entity" are the defining elements of the personal scope of the EU Directives on Public Sector and Utility Sector Procurement. The content of these concepts is determined according to a functional approach which raises a number of questions in relation to various notions of domestic law. A comparative study of three representative legal orders, namely French, German and English Law, illustrates these questions which revolve around two issues: the legal form of the purchasers and the nature of their dependency on the State. The first issue involves studying the extent to which the public or private nature of an entity as well as, more generally, the existence or lack of legal personality, have an impact on the implementation of the concepts of "contracting authority" and "contracting entity" in domestic law. Based on the relevant EU and national case law as well as on other specific national provisions, the second issue involves examining the extent to which the nature of an entity's activity and its different ties in particular financial, with the State justifies the application of the public procurement rules on such an entity.