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Gender-based Discrimination in France, the Claimed State of Human Rights? : An Analysis of Gender-based Discrimination in the Application of French LegislationRouzier, Elise Marie January 2022 (has links)
This thesis focuses on gender-based discrimination in the application of French legislation. Discrimination is a major principle of Human Rights. Women and gender minorities, although they are subjected to discrimination, are protected by international treaties and conventions against it. With a Qualitative Content Analysis, this thesis will study different court cases in order to see, through the lens of the Feminist Jurisprudence Theory, the situation of gender-based discrimination in the application of French legislation. The conclusion of this thesis is that, while there is gender-based discrimination in the application of legislation, it comes mostly from how the experience of the individuals is considered by the courts. The higher and lower courts have also different outcomes in some of the cases, due to the role and focus they have. The main discrimination that can be found is indirect discrimination.
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Nabytí od neoprávněného / Acquisition of property from unauthorized personJežek, Jakub January 2022 (has links)
Acquisition of property from unauthorized person Abstract Acquisition of property from unauthorized person, the subject of the thesis, represents an original way of acquiring property rights and breakthrough to the civil law principle nemo plus iuris ad alium transfere potest quam ipse habet - no one can transfer more rights to another than they have themselves (nemo dat rule). The Civil Code allows for the right of ownership to pass to a bona fide transferee under certain conditions, even if from a person who lacked the appropriate authorization to transfer. The legislator thus takes into account, in particular, the protection of good faith as a general principle of law and the fact that, in the case of items not registered in public registers, it is not possible to establish reliably who is the owner. This thesis focuses on the acquisition of ownership rights from unauthorized person to movable property, the aim is to provide a general interpretation of the mentioned institute, to analyze the Civil Code regulation in relation to it and to compare it with foreign legislation. The thesis is divided into four parts, the first of which is devoted to the interpretation of the basic knowledge of civil law doctrine in relation to the subject, the inclusion of the institute in the system of property rights as a...
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