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Mobilita společností v rámci Evropské Unie ve světle judikatury Soudního dvora Evropské unie / Mobility of companies within the European Union in the light of the case law of the Court of Justice of the EUPikal, Daniel January 2012 (has links)
The purpose of this thesis is to analyze the current legal issue concerning the corporate mobility within the European Union. The main focus is placed, in particular, on the analysis of the relevant case law of the Court of Justice of the European Union. Other parts of this thesis will give an overview of cross border mergers and supranational forms of companies including their ability to transfer their seat to other member states without being wound up in liquidation before the transaction within the area of the European Union. As evident from the title, the paper focuses on the topic from the European perspective only and the issue of the mobility from, or into, a non-member state is not dealt with. The first chapter provides a brief definition of the basic legal concepts that are crucial to this thesis. The definition of freedom of establishment in the context of the common market of the EU is given and also the incorporation theory and the real seat theory are briefly outlined, as well as the conflict that may arise between these two doctrines. The second chapter, the most extensive chapter which represents the core of this thesis, describes and analyzes the case law of the Court of Justice of the European Union law relating to the freedom of establishment. This chapter is divided into two...
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Prvý dodatek americké ústavy a vývoj jeho interpretace / The First Amendment to the US Constitution and the development of its interpretationHaberle, Ondřej January 2013 (has links)
in English The First Amendment to the United States Constitution and the development of its interpretation The aim of the paper is to analyze the First Amendment to the United States Constitution. The main reason for my research is my long-term personal interests in the fields of law which are covered by the First Amendment. The thesis is composed of an introduction, six chapters and a conclusion. The study begins with the introduction where it is discussed methodology, my motives for choosing this topic, importance of the topic and potential contribution of this thesis to the Czech legal science. Chapter One examines historical roots of the First Amendment's rights and freedoms. It focuses on their development both in the England and in its American colonies. It tries to find main tendencies contributing to reasons for adopting rights and freedoms embodied in the First Amendment. Chapter Two concentrates on the main political and legal events involving adopting the First Amendment, and then it attempts to find a proper interpretation of the First Amendment using both historical and teleological approach. The second chapter also discusses the scope of the First Amendment. The chapter ends with the examination how external factors (such as legal philosophy or politics) influenced the decision making...
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Mobilita obchodních společností v právu Evropské unie / Corporate Mobility in European Union LawIvanov, Vladimir January 2013 (has links)
Corporate Mobility in European Union Law The thesis deals with the latest developments in corporate mobility in the light of the recent CJEU decisions and its inherently formulated doctrine. After a brief introduction of the discussed general concepts, a dissection of previous case law and relevant legislation, the author explores the ways in which the current changes in the conception of cross-border conversions have influenced corporate mobility as a whole and the perception of freedom of establishment in particular. The question whether further legislative actions have to be taken in order to enable companies to take advantage of these developments is debated. The thesis is divided into five logical clusters which are structured in the following manner. Firstly, I analyze the fundamental pillars of corporate mobility, liability and capital protection doctrines that serve as the tangential object of interest to the actual subject matter as they represent the wider legal framework of European company law. Secondly, a comprehensive summary of the preceding case law of the Court on the issue of freedom of establishment is presented, providing an insight on the current issues, which are thoroughly discussed and analyzed in the remainder of the thesis. In Chapter four, the VALE case is further...
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Vybrané aspekty vývoje liberalismu / Selected aspects of the development of liberalismNovosadová, Hana January 2013 (has links)
The thesis of this work is a treatise on liberalism in general firstly, what contains the etymology of the word liberalism. There are explained the beginnings of this orientation, dating back to ancient times and Middle Ages. The description of the beginnings of liberalism in England follows. The historical events of the time, which played an important role in the birth of liberalism, are accented. Liberalism is based on certain principles as well as any other social or political theory and in this work this principles are enriched especially by ideas of John Locke. Liberalism reached its height in England in the nineteenth century when it defended its leading position. Liberalism is not only social and political orientation but it plays an important role in economy also. It supports free trade without state's interventions and it promotes private enterprise. Although liberalism was often criticized by church representatives and particularly by Conservatives, liberal ideas are still current. Liberal Democrats are the third-largest party in the House of Commons in Great Britain. They have made a coalition government together with the Conservatives since 2010. Key words: Liberalism, individuality, freedom, reason, justice, tolerance
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Péče o duši jako základ sebevýchovy / Care about soul as basis of selfeducationStříbrská, Lenka January 2013 (has links)
The thesis deals with the interpretation of the 'soul care' theme supplemented by the considerations falling within the educational philosophy. The author of the thesis puts forvard three crucial questions as set in the introduction: What is the 'soul care' and what does it include? What would be the possibilities of getting back to this concept in the current times and would this be possible indeed? What role performs the school within the concept of 'soulcare' and what is the teacher's role? The thesis is divided in three parts denoting the comprehension of the concept of the soul in the Ancient times, in the New Age, within Patočka's concept of history and life movements and questioning, dialogue and discovering the sole origin as properties which are vitally important for the soul movement. The 'soul care' is also closely connected with the phenomenon of freedom as the freedom towards something which helps to found us and to form us. The necessity of the 'soul care' update has been gradually occuring and the primary role in such course of education belongs to school as the main contributory.
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Autonomie vůle v soukromém právu / Autonomy of will in private lawSchubertová, Zuzana January 2013 (has links)
68 Abstract The principle of autonomy of will is a fundamental principle of private law. It is impossible to imagine the functioning of private law without it. The principle is primarily based on the principles of equality and freedom, the key principles on which the foundations of a democratic legal system and free society are built. The aim of my thesis is to define the autonomy of will, compare the principle of autonomy of will with other fundamental doctrines and principles from which it arises and/or principles which are closely related to. I believe that most of the legal relationships based on private law are founded on the principle of autonomy of will, therefore, I decided to describe some of these institutes in more detail in my dissertation as well. The thesis is divided into a general part and a specific part. In the general part I deal predominantly with the inclusion of the principle of autonomy of will into the principles of private law. This part also contains some theoretical concepts and is closely linked to constitutional law, the Bill of Fundamental Rights and Freedoms and the principles on which the Civil Code is built. I further deal with the interpretation of certain terms, then the principle of autonomy of will itself and how it is perceived by several authors. In addition to that, I...
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Frihet i Tiden : Diskussion och användande av begreppet frihet i den socialdemokratiska idéskriften Tiden 1915-1920 och betydelsen av detta för partisplittringen 1917.Olsson, Vera Maria January 2016 (has links)
In 1917, the Swedish socialist party SAP, Sveriges Socialdemokratiska Arbetarparti, was split in two. A more radical, leftish fraction broke out and became SSV, Sveriges Socialdemokratiska Vänsterparti (today Vänsterpartiet). The party division is often explained with different attitudes concerning parliamentarism and militarisation – a more compromising one and a more revolutionary and defence nihilist one – that in a time of world war and revolutions led to insurmountable disagreements. Several of the party members thought that the division would not be permanent, as it became. The cementation of the separation suggests that there were more fundamental differences between the leaving fraction and the remaining SAP than just short-sighted political questions such as the WW1. This essay investigates the concept of freedom in the social democratic discourse to discover whether different views and usage of the concept of freedom might indicate greater ideological differences that cemented the division. This is a thorough study of the Social Democrat magazine Tiden during the period 1915-1920, with this purpose. To see the differences properly, a theoretical background on freedom is made, where the differences between liberal, socialist and Leninist freedom together with the ideas of freedom to and freedom from, as well as Isaiah Berlins concepts of positive and negative freedom are distinguished and examined. After the examination of the material, the conclusion is drawn that the views on and ideas of freedom vary greatly, and that it is very likely that it did have an impact on the division, especially in a long-term perspective.
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Jämställdhet på pappret? : En analys av ANC:s, DA:s och EFF:s valmanifest inför de sydafrikanska lokalvalen 2016.Taxén, Sara January 2017 (has links)
Syftet med denna studie är att undersöka jämställdhetsfrågors aktualitet och betydelse i den sydafrikanska politiken. Detta görs med förhoppningen att kunna säga någonting om landets potentiella jämställdhetsutveckling, och om huruvida en sådan utveckling kan påverka den generella utvecklingen i ett land som är viktigt för regionen både ekonomiskt och inom jämställdhetsområdet. Studien undersöker därför Sydafrikas tre största partiers valmanifest inför de lokala val som hölls i augusti 2016 – ANC:s, DA:s och EFF:s - för att ta reda på hur jämställdhetsfrågor behandlas, alternativt icke behandlas. Undersökningen genomförs med hjälp av kvantitativ och kvalitativ innehållsanalys. Resultaten påvisar att valet, ur en partipolitisk synvinkel, inte genomsyrades av jämställdhet eller av en jämställdhetsinriktad diskurs. Därför är undersökningen pessimistisk till Sydafrikas vidareutveckling inom jämställdhetsområdet inom den närmaste framtiden, och därmed även till dess positiva inverkan på den generella utvecklingen i landet. Detta trots ett skiftande politiskt landskap.
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Vybrané rozsudky Soudního dvora EU v oblasti svobody usazování právnických osob / Freedom of establishment of legal entities and review of selected EU Court judicatureSládková, Jitka January 2010 (has links)
This work deals with freedom of establishment of legal entities inside EU. It focuses on evaluation of EU Court judicature. Inside thesis work are described basic terms connected with freedom of establishment including personal status determination and procedure of preliminary ruling.
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Aktuální rozměr náboženské svobody v systému evropské ochrany lidských práv / Current Frame of Religious Freedom in the System of European Protection of Human RightsJekielek Henzl, Barbora January 2019 (has links)
Current Frame of Religious Freedom in the System of European Protection of Human Rights Abstract This thesis deals with the topic of protection of Freedom of Religion in the System of European Protection of Human Rights. It begins with a description of the formulation of this freedom in the Convention for the Protection of Human Rights and Fundamental Freedoms, Charter of Fundamental Rights of the European Union and the legal systems of Germany, Austria and Czech Republic. The legal systems of Germany and Austria are very close to the Czech one, therefore the acquired knowledge might become an inspiration for considerations of possible future legislative changes in the Czech Republic (also considering that while the integration of other cultures is still a relatively new topic in here, the above mentioned other states have already much more experience on this field). Another reason why this choice was made is also a wide range of interesting court decisions concerning the topic of this thesis mainly in Germany, but also in Austria. The description of the formulation of the Freedom of Religion in general is followed by the theoretical description and praxis of teaching Religion at public schools in the above stated countries. It is obvious from the comparison of the praxis in the aforementioned states that...
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