La nature des litiges relatifs à l'appréciation médicale de l'état du malade ou de la victime d'un accident du travail ou d'une maladie professionnelle, a conduit à l'organisation extra-judiciaire d'une expertise médicale dite "technique", les litiges relatifs aux états d'incapacité incombant directement à des juridictions spécialisées (contentieux technique).L'expert, désigné d'un commun accord entre le médecin-conseil et le médecin traitant, est saisi par la caisse en vue de l'examen clinique du malade ou de la victime, à l'aide d'un protocole. La procédure est assortie de brefs délais et l'avis de l'expert, qui s'impose aux parties, peut être contesté dans le cadre du contentieux général.La mise en œuvre de la procédure s'impose à la juridiction (qui fixe la mission et prend la décision), quand la difficulté d'ordre médical survient en cours d'instance. Cette obligation, née du caractère substantiel des formalités, dont a pu découler la force probante de l'avis de l'expert à l'égard du juge, est exceptionnelle en droit français.La question est bien celle des fonctions respectives de l'expert et du juge, quand la CEDH vise à étendre le principe du procès équitable à la phase expertale, de telle sorte que pourrait naître un droit général d'accès à l'expertise et d'y être assisté par un technicien, ce que l'on peut observer dans l'expertise médicale.La thèse vise à prôner l'extension du régime de l'expertise médicale à l'exception propre aux accidents du travail et maladies professionnelles dans le domaine agricole, dont le régime est inspiré du droit commun, le contentieux technique paraissant pouvoir lui-même être étendu à cette exception, alors que la Cour de cassation (rapports 2010 et 2011) recommande son intégration au contentieux général. / The nature of the disputes related to the medical appraisal of the state of the sick person, or of the victim of an accident at work or of a professional illness, led to manage an extra judicial medical evaluation, so called "technical", the disputes related to the states of incapacity being directly devolved to specialized courts (technical litigation). As appointed on the basis of a common agreement between the counseling doctor and the personal practitioner, the medical experts is refered to by the caisse in order to evaluate the medical state of the sick person or of the victim, in accordance to a protocol. The proceeding is concluded in a short delay, ant the opinion of the medical expert, as compulsory for the litigants, is opened to a dispute in the frame of the general litigation.The implementation of the procedure is imperative for the court when a medical difficulty occurs during the judicial proceeding. As rooted in the substantive nature of the formalities, grounding the value of evidence for the expert opinion, this is an exceptional obligation.So that, the point is the distinction between the functions of the medical expert and the court when is met the aim to extend the right to a fair trial to the evaluation stage, ant it could arise a general right to medical evaluation and to be assisted by a specialist, as for the extra judicial proceeding.An objective of the thesis is to propose an extension to the existing exception of the accidents at work or the professional illness in the agricultural area, as shaped by the general legal regime. So that the technical litigation could too receive an extension, completely in opposition to the solution wished by the Cour de cassation (reports 2010, 2011) of an integration to the general litigation

Work is about corporation mergers in the first place in Czech Republic and about valuation issues. It brings comprehensive view into particular business areas in which are mergeres concerned. It is going about business-legal area, tax and accounting area. Particular sections about these areas are supplemented by the role of the expert in valuation and his opinion. Whole work is ilustrated by the exapmple from praxis.

This thesis is focused on mergers with an emphasis on valuation. It deals mainly with economic, legal, accounting and tax aspects. These aspects are enriched by the amendment of laws that come into legal force from 2012. The thesis is complemented by expert valuation process, without which most of the mergers could not be realized. Final part of this thesis describes concrete national merger of three companies stating the accounting treatment.

Submitted by Daniella Sodre (daniella.sodre@ufpe.br) on 2015-04-10T16:37:01Z No. of bitstreams: 2 TESE Rômulo Fernando Teixeira Vilela.pdf: 3159637 bytes, checksum: d8b68b1fd93d79fe6162c4abdd0b1aa0 (MD5) license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) / Made available in DSpace on 2015-04-10T16:37:01Z (GMT). No. of bitstreams: 2 TESE Rômulo Fernando Teixeira Vilela.pdf: 3159637 bytes, checksum: d8b68b1fd93d79fe6162c4abdd0b1aa0 (MD5) license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) Previous issue date: 2013-02-27 / Com os avanços em hardware, a engenharia de confiabilidade nos últimos 30 anos, tem nos mostrado equipamentos e sistemas complexos com níveis de falha muito baixos. Sistemas complexos na indústria nuclear, aeroespacial, química, elétrica entre outras possuem hoje em dia equipamentos e sistemas com níveis de confiabilidade que tem atendido adequadamente a sociedade. Entretanto, a operação e manutenção destes sistemas não dependem exclusivamente do desempenho intrínseco dos correspondentes equipamentos, dependem também da ação humana. Grandes acidentes no passado recente como Chernobyl, Bhopal, da nave Challenger e os grandes apagões no Brasil, colocaram em evidência a necessidade de redução do erro humano em sistemas complexos. A análise da confiabilidade humana surge assim como um apoio para a análise destes sistemas de operação e manutenção. Desde a década de 80 alguns avanços foram surgindo no estudo da confiabilidade humana. Técnicas como THERP, ATHEANA, CREAM e IDAC, se consolidaram ao longo do tempo como boas aplicações práticas para estudar, medir e prever o erro humano. Porém os fatores de desempenho utilizados em quase todas as técnicas supracitadas, tem se mostrado difíceis de serem estimados de um ponto de vista particular. Além disso, as particularidades do setor Hidroelétrico de Potência, definidas nos Procedimentos de Rede do Operador Nacional do Sistema (ONS) e nos instrumentos normativos da Agencia Reguladora ANEEL têm levado a necessidade de uma taxonomia que possa se adaptar a este importante e estratégico setor. Nesta tese, é proposta uma taxonomia e um modelo da sequência do processo de erro, para avaliação deste erro humano especificamente concebido para atender ao contexto de operação e manutencão do Sistema Hidroelétrico de Potência. Para ilustrar a nova taxonomia, foram coletados e analisados dados de cerca de dez anos de registro de erro humano de uma empresa de geração e transmissão de energia elétrica brasileira. Foram coletados 605 relatórios de desligamento por erro humano desde 1998 até 2009. Uma metodologia BBN-Base para a quantificação do erro humano é também discutida. A taxonomia e o modelo da sequência do processo de erro humano tanto quanto o modelo BBN-Based são ilustrados via um exemplo de uma aplicação no contexto de uma indústria Brasileira Hidroelétrica de Potência.-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------With advances in hardware reliability engineering in the last 30 years, we have seen equipment and complex systems with very low levels of failure. Complex systems in the nuclear industry, aerospatiale sector, chemical industries, electrical industries and others now have equipment and systems with levels of reliability that has adequately served the society. However, the operation and maintenance of these systems do not rely solely on intrinsec performance of the corresponding equipment, but they also depend on human action. Major accidents in the recent past such Chernobyl, Bhopal, the Challenger shuttle and major recent power blackouts in Brazil, highlighted the need to reduce human error in complex systems. The human reliability assessment emerges as a support to the analisys of the operation and maintenance of these type of systems. Since the late 80th some advances have emerged in the study of human reliability. Techniques such as THERP, ATHEANA, CREAM and IDAC, have been consolidated over time for the study, measure and prediction of human error. However performance shaped factors used in almost all the aforementioned techniques have proven difficult to be estimated from a practical standpoint. In addition, the specifics of the Hydroelectric Power Industry defined in the Grid Procedures of the National System Operator (Operador Nacional so Sistema, ONS) and the regulatory instruments of ANEEL (Agencia Nacional de Energia Eletrica) Regulatory Agency have led to the necessity of a taxonomy that can adapt for this important strategic sector. In this thesis, it is proposed a taxonomy and model of error sequence process for assessment of human error specifically designed to meet the context of operation and maintenance of Hydroelectric Power System. To illustrate the new taxonomy it was collected and analyzed data from about ten years of human error records related to the generation and transmission of Hydroelectric Power Company in Brazil. It was collected 605 reports by human error shutdown from 1998 to 2009. A BBN-Base methodology for the quantification of human error is also discusses. The taxonomy, model for error sequence process as well as the BBN-Based model are illustrated via an example of application in the context of the Brazilian Hydroelectric Power Industry.

The diploma thesis entitled "The Benefits and limitations of the Cochem model from the point of view of an OSPOD employee" deals with families undergoing adjustment of relations on one hand and with professionals who work with such families on the other. The diploma thesis aims to thoroughly describe the Cochem model, so that the results may be as useful as possible, especially for social workers working at OSPOD, but also for other professionals, who interact with the family during the situation adjustment process. This content can also serve as an informative basis for parents of minor children, who are currently going through a separation / divorce. The purpose of the master's thesis is to find out how OSPOD social workers in selected urban areas of Prague perceive the use of the Cochem model, whether and how they work with it. The aim of the research is to be inspired by knowledge from good practice and to shed light on the bad experiences of social workers.

The subject of the dissertation is the analysis of conditions for the work of real estate appraisers in the Federal Republic of Germany in comparison with the conditions in the Czech Republic with the aim of finding suitable practices that could be used for the work of experts in the Czech Republic. The thesis also includes proposals for suitable measures that can contribute to the development of expert activities in the Czech Republic, focusing on solving problems related to the determination of the exchange value of immovable property. This analysis includes the analysis of real estate types that are subject to assessment in the given area, approaches to solving valuation problems, methods that are used in valuing immovable assets, entities that are authorized to submit expert opinions, as well as content requirements of expert opinions.

This thesis deals with residential real estate market in the Great Britain and its development. The thesis describes all evalution methods used in the Great Britain, it also describes the current state of the property market, expert work and in the end are described in detail the methods used for the valuation of the house. In thesis attachment is an exemplar of the evalution report for a house in the Great Britain according to the standards and the methodologies used by the evaluation experts in the United Kingdom.

The dissertation deals with problems in the valuation of parts and accessories of land with an emphasis on the difference between landscaping and engineering structure. Despite the existence of defined components and accessories immovable in the Civil Code in practice often appear doubts about whether in a particular case is still part of the real property, or whether it is already a matter of self. The work addresses this issue in detail only for roads, drainages and retaining walls. There were studied various laws and the earlier Court decisions. The Court judicature often solves problems of ownership determination. Can be seen as an example: Determining ownership of the rock, that is formed by hardening the land surface rocks and planting permanent crops. Whether the owner of the land owner or the person who built it. Likewise, there are disputes to determine ownership of utility connections, ownership structures, which are kept below the surface of the land. Based on the new Civil Code no. 89/2012 Coll. there has been extensive changes in the field of things and their allocation. There is a new concept existing, instead of the current concept of property. There is existing a new concept called Real property. A very important change is that the engineering structures are parts of the land, but based on the § 509 utilities, especially water, sewer or power lines or other, are not parts of the land. It is believed that parts of the utilities are also buildings and technical equipment that is connected to them operationally. Also important is the § 3055 para. (1): Engineering structure which is connected to the ground with a solid foundation, which is under the existing legislation part of the land on which it is established, and the effective date of this Act, owned by a person different from the owner of the land, and the bottom the entry into force of this Act does not become part of the land and immovable property. The same applies to the building, which is co-owned, if one of the joint owners and the owner of the land or if they are just some of venturers building co-owners of the land. The author presents the general specifics valuation external works and civil engineering in selected cases and the valuation of construction law. Work includes a chronological overview of valuation rules.

The dissertation focuses on the problems associated with determining the amount of wear (finding the remaining technical values) that are being addressed. It deals with an overview of the different methods used. The basic premise of the thesis is a comprehensive overview of the calculation procedure and the methods used. This area of wear does not except the price regulation precisely defined procedure, nor are they addressed the circumstances in which that would be the method to be used. Various possible methods or inaccuracies may result in questioning the expert opinions as at trial. In conclusion of this dissertation is shown how the calculation procedure should wear for what purpose should be used and it is also proposed several alternatives.

The thesis deals with the terminology used in forensic engineering practice at the analysis of road accidents. It means defining the concepts describing specific expert research in the area of car accident analysis such as the option of evasive action and the possibility of preventing collision. Further on, the thesis focuses on the terminology used in areas closely related to analysis of road accidents namely dealing with cases of criminal activities in the field of motor vehicle insurance from an expert point of view. In this area, terms such as extent of the damage, character of the damage, correspondence of the damage and the technical acceptability of accident, are solved. These terms constitute a formal process that can serve as a tool for experts when dealing with such cases. In addition, selected terms from the technical-legal area, which the experts often encounter, are processed here. At the same time, there is no uniform approach to their evaluation from a technical perspective. Here, there is a possibility of setting the limits of a sudden change of speed and a sudden change of direction.