Representation The thesis on the representation is aimed generally on the institute of representation, basic concepts and resolution methods of representation. Given the scope of the thesis is not possible to cover discourse about all forms of representation and therefore is focused on substantive representation, whether contractual, statutory representation and other specific forms, especially human guardianship and guardianship of legal entities or representation of legal entities. In the thesis are included as information on the historical development of the Institute's the representation, especially since the general Civil Code and therefore early 19th century and comparison of current legislation contained in the Civil Code of 1964 and the new Civil Code, effective from 1 January 2014. Raised the major changes that will occur in the near future in the regulation of the representation, as well as outline the basic problems that this adjustment could bring in the practice of law. Is also pointed out to adjust representation in European law, konrkétně the Principles of European Contract Law and the Draft Common Frame of Reference.

A evolução da consciência ambientalista, edificada sobre movimentos mundiais com repercussão no Brasil, conduziu à adoção de princípios e normas que deram origem ao direito ambiental, setor jurídico que disciplina as relações do ser humano com o meio ambiente, enfocando, dentre todos os seus aspectos, os recursos naturais e, dentre eles, de forma especial, as águas doces. Observado o sistema federativo brasileiro, a partilha constitucional de competências adotada pela Constituição Federal de 1988 e o domínio dos recursos hídricos, partilhado entre a União e os Estados, o presente trabalho objetiva verificar se o município, dotado de ampla autonomia, com órgãos governamentais próprios e posse exclusiva de competências, tem poderes para efetuar o planejamento, a gestão e a tutela das águas doces. Analisados os princípios ambientais, as fontes formais e o complexo de normas jurídicas que informam o direito ambiental, com ênfase para a legislação, a doutrina e a jurisprudência concernentes aos recursos hídricos, conclui-se que o município tem um importante papel a desempenhar na proteção das águas doces, estando apto a legislar, fiscalizar e adotar providências que se insiram no contexto de predominância do interesse local, respeitadas as competências constitucionais e legais dos demais entes da federação, com os quais deverá agir em regime de cooperação para que seja efetivamente concretizado o tão almejado conceito de sustentabilidade ambiental. / The evolution of environmental awareness built on world movements with reflexes in Brazil led to the adoption of principles and rules which originated environmental rights, a legal field which establishes the human relations with the environment, focusing, amongst all their aspects, on natural resources and, among them, in a special way, on freshwater. The present work intends to verify if township, gifted of wide autonomy, with its governmental structure and exclusive competences, has enough power to plan, manage and protect the freshwater, observed the Brazilian Federative System, the constitutional sharing of competences adopted by the Federal Constitution of 1988 and the control of water resources, shared between the Union and the States. Considering the environmental principles, the formal sources and the legal rules that support environmental rights, enphasizing legislation, doctrine and jurisprudence concerning water resources, it is conclusive in verifying that towns have an important role to play on the protection of fresh water, being able to legislate, guard and adopt measures qualified as of local interest, respecting the constitutional and legal competences of the other federation States and acting in cooperation to achieve environmental sustainability.

Thesis (M.S.)--Boston University / This study has been undertaken to discover the family background and relationships of nineteen children referred to the Worcester Youth Guidance Center, a child guidance clinic, by the Worcester office of the Division of Child Guardianship. (The Division of Child Guardianship is hereafter referred to as D.C.G. The Youth Guidance Center is sometimes referred to as the Clinic, the Center, or as Y.G.C.).

A evolução da consciência ambientalista, edificada sobre movimentos mundiais com repercussão no Brasil, conduziu à adoção de princípios e normas que deram origem ao direito ambiental, setor jurídico que disciplina as relações do ser humano com o meio ambiente, enfocando, dentre todos os seus aspectos, os recursos naturais e, dentre eles, de forma especial, as águas doces. Observado o sistema federativo brasileiro, a partilha constitucional de competências adotada pela Constituição Federal de 1988 e o domínio dos recursos hídricos, partilhado entre a União e os Estados, o presente trabalho objetiva verificar se o município, dotado de ampla autonomia, com órgãos governamentais próprios e posse exclusiva de competências, tem poderes para efetuar o planejamento, a gestão e a tutela das águas doces. Analisados os princípios ambientais, as fontes formais e o complexo de normas jurídicas que informam o direito ambiental, com ênfase para a legislação, a doutrina e a jurisprudência concernentes aos recursos hídricos, conclui-se que o município tem um importante papel a desempenhar na proteção das águas doces, estando apto a legislar, fiscalizar e adotar providências que se insiram no contexto de predominância do interesse local, respeitadas as competências constitucionais e legais dos demais entes da federação, com os quais deverá agir em regime de cooperação para que seja efetivamente concretizado o tão almejado conceito de sustentabilidade ambiental. / The evolution of environmental awareness built on world movements with reflexes in Brazil led to the adoption of principles and rules which originated environmental rights, a legal field which establishes the human relations with the environment, focusing, amongst all their aspects, on natural resources and, among them, in a special way, on freshwater. The present work intends to verify if township, gifted of wide autonomy, with its governmental structure and exclusive competences, has enough power to plan, manage and protect the freshwater, observed the Brazilian Federative System, the constitutional sharing of competences adopted by the Federal Constitution of 1988 and the control of water resources, shared between the Union and the States. Considering the environmental principles, the formal sources and the legal rules that support environmental rights, enphasizing legislation, doctrine and jurisprudence concerning water resources, it is conclusive in verifying that towns have an important role to play on the protection of fresh water, being able to legislate, guard and adopt measures qualified as of local interest, respecting the constitutional and legal competences of the other federation States and acting in cooperation to achieve environmental sustainability.

Adult siblings of people with intellectual and developmental disabilities (IDD) are often on the front lines of supporting their brothers and sisters with IDD through caregiving and guardianship roles after their parents pass away. However, these siblings are often uninformed or under informed about ways that they can support their brothers and sisters. This study had the following three purposes: to determine what adult siblings of adults with IDD know about guardianship and its alternatives; to explore how adult siblings view guardianship and its alternatives; and to explore what adult siblings think about their role of being a guardian or supported decision maker for their brother/sister with IDD. Ten adult siblings who had brothers and sisters with IDD were interviewed; their interviews were analyzed using a combination of grounded theory and directed analysis. This study found that siblings had a limited knowledge of guardianship and its alternatives, viewed guardianship as necessary, and desired to be involved in future planning and decision making supports with their brother or sister in adulthood. These findings have several implications for future research, as well as for schools and disability service agencies. For example, siblings’ limited knowledge about guardianship and its alternatives highlights the need for schools, disability agencies, and other disability organizations to better inform families about the full range of options available to support people with IDD in making decisions. Likewise, as the sibling participants were concerned about their brother and sister’s decision-making abilities, there is a need for better training of people with IDD to be able to make and express their choices in a variety of situations. Finally, as this study had a small sample size and the participants’ were all White, future research with more diverse and larger sample sizes is needed.

Public guardians are individuals appointed by the state to care for the interests of incapacitated citizens. The nature and quality of their care is examined at sites in Maryland, Delaware, Tennessee, and Virginia. In the first three states public guardianship programs have been running for at least ten years; in Virginia two pilot projects are currently underway. All sites use different service delivery models. In addition to studying case file notes, public guardians, program supervisors, and wards were observed and interviewed with regard to their background, their views on public guardianship, accountability and effectiveness, and services provided. The aim of this study is to contribute to a better qualitative understanding of how well state public guardian programs intersect intimately with individuals for whom no other responsible decision maker exists. The study concludes with recommendations regarding the roles of the public guardian in improving wards' quality of life through substitute decision making and in enhancing democratic governance to give voice to wards through their own participation in decision making and relationships with their public guardian. / Ph. D.

After the destabilization of Iraq following the overthrow of Saddam Hussein by U.S. forces, Iraq had the opportunity to emerge as a democratic nation. This study explores the emerging concepts of democracy in Iraq during the roughly 13-year period between 2005 and 2018 as the country moved from Authoritarian (Guardianship) and Thin (Successorship) views of democracy to a Deep (Western) liberal view. I trace the evolution of democracy in Iraq by probing the possible influences of religious, cultural, historical, external, socioeconomic, and physical factors influencing these concepts of democracy, analyzing the elections held during the period, and interviewing Iraqis in the United States. In a religiously conservative society such as Iraq, understanding the basics of Iraqis' religion helps scholars better understand how Iraqis define and view democracy. In examining the bases for varying views of democracy among Iraqis, religion as a collective framework generates meanings, attitudes, beliefs, values, and purposes to help make sense of Iraqi political experience and shapes individuals' beliefs, behaviors, and ethical structures. Additionally, income, education, personal experiences, and religious attachment also help to shape their definition of democracy. Using scholarship about the theories of democracy, this study constructed measures of different aspects of its meaning among Iraqi individuals and political parties. Then, using data collected from primary and secondary sources (including interviews, statements of the political philosophies of active political parties, statements of party leaders, and sources such as books, articles, media reports, public discourse, websites, and blogs), I examined several expectations about the extent of variation in and the nature of Iraqis' definitions of democracy. Each group evidently manipulated its definition of democracy to protect its interests at the expense of its rivals. Based on the evidence examined, five key themes emerged: restoration of full Iraqi administration of the country; schism in the Shi'a house between the two religious centers of Qum (Iran) and Najaf (Iraq); collapse of the ruling party; fluidity of political realignments; a rise of secularisms; and the emergence of a robust social movement supporting a Western liberal democratic system. Competition over shared social and ideological terrain often intensified political struggles, especially the fierce clash between and within the Shi'a and Sunni communities and Islamists and leftist forces. Although the intensity of conflicting definitions of democracy diminished over the two elections held in 2014 and 2018, a more universal definition is still sought. A clearer and more stable meaning remains elusive despite growing consensus on the term. In sum, this study is far from the last word on how Iraqis define democracy, as it continues to evolve in theory and practice. / Doctor of Philosophy / Between 2005 and 2018, Iraq held five national elections, followed by a series of political crises surrounding conflicting understandings of democracy. This study follows the evolution of democracy in Iraq during this 13-year period, as the country moved from Authoritarian (guardianship) and Thin (successorship) views of democracy to a Deep (Western) liberal view. I trace the evolution of democracy in Iraq by probing the possible influences of religious, cultural, historical, external, socioeconomic, and physical factors on ideas of democracy, analyzing the elections held during the period and interviewing Iraqis in the United States. This project highlights the views of democracy espoused by Iraqi individuals and active political parties. The study investigated the conditional nature of ideological congruence within the political parties in Iraq that had religious preferences. Various Iraqi groups exhibited different levels of understanding of democracy based on their religions, personal experiences and levels of education and income. Using scholarship on democratic theory, I looked at Deep (Western) liberal (pluralism), Thin (Successorship, Sunni rule by consensus), and Authoritarian (Guardianship), Shi'a centralized authority views of democracy and explored whether and how differences the rules of thought in each view were associated with Iraqis' definitions of democracy and accompanying political dislocation and mistrust. I examined these views of democracy based on multiple data bases, interviews, television, newspapers, and blogs and found that oppressed groups and religious minorities more generally accepted liberal democracy even if it had been forcefully introduced by an occupier. Different democratic perspectives are often associated with antagonism toward and discord in the electoral process. Thus, the definitions of democracy from each community's perspective are some of the most important predictors of democratic acceptance by Iraqis.

The aim of this study was to investigate how social workers on a Chief Guardian unit work from their conditions when recruiting guardians. More specifically, we wanted to see how the law, the practise and the professionals’ tacit knowledge affect their judgement of guardians and how the organisation and the government of the Chief Guardian unit affect their work. The Chief Guardian unit is a municipal supervisor that control and supervise the work of the guardian. Media has criticized the Chief Guardian unit, by highlighting examples of unfit guardians. The Swedish National Audit Office (Riksrevisionen) has expressed a number of shortcomings of the supervision by the County administrative boards of Sweden (Länsstyrelsen). Because the Chief Guardian units lack a common governmental monitoring, internal solutions are created by every individual unit. In this qualitative study we have tried to understand how the social workers practise their profession. Through semi-structured interviews with eight social workers in three different Chief Guardian units, we have interpreted the views of their work. The theoretical framework was primarily founded on Polanyi´s theory of tacit knowledge and the ideas of occupational and organizational professionalism. The results of our study showed that the reality for the social workers is a mix of occupational and organizational professionalism. All the informants describe their work as heavily controlled by laws and regulations, but with a certain freedom of how to conduct their work. They find the tacit knowledge and the collegial support very important when it comes to assessing guardians. All the informants state that an organizational change is crucial to guarantee the legal security of guardians and caretakers.

The aim of the thesis is to analyse legal aspects of the position of the municipality in the role of a public guardian and on a practical example introduce the issue of establishing a municipality as a public guardian. Furthermore, using a quantitative survey to find a possible alternative of a financing public guardianship, which would be positively accepted by municipalities. The issue of public guardianship is currently becoming a much debated topic not only because of the lack of legislation governing the institute of public guardianship, but also because the financing of this agenda towards municipalities acting as public guardian is insufficient and unsatisfactory for municipalities.

Lo studio ha ad oggetto l’intrasferibilità delle quote nella s.r.l. L’indagine prende le mosse da un’analisi empirica delle varie clausole di incedibilità esistenti nella prassi. L’eterogeneità delle convenzioni riscontrate pone il problema di verificare quali di esse siano riconducibili alla fattispecie di intrasferibilità legalmente rilevante ex art. 2469, comma 2°, c.c. La tesi reputa che l’intrasferibilità legalmente rilevante sia soltanto quella assoluta, distinguendo il divieto di trasferimento per atto tra vivi da quello mortis causa. In questo secondo caso, infatti, non ricorre alcuna esigenza di tutela dei soci; bensì dei soli eredi del defunto, ai quali è impedito di far ingresso nella s.r.l., alla stregua di quanto accade nelle società personali. Infine, vengono analizzate l’intrasferibilità ad applicazione differenziata e quella relativa, in quanto non rientranti direttamente nell’ambito di applicazione dell’art. 2469, comma 2°, c.c. / The study concerns the non-transferability of the shares in limited liability company. The research analyses at first, from the empirical point of view, the different existing clauses of non-transferability in reality. The heterogeneity of the found conventions places the problem to verify which of them are referable to the legal case of non-transferability ex art. 2469, comma 2°, c.c. The thesis deems that the legal relevant non-transferability is only that absolute, distinguishing the prohibition of transfer inter vivos from that mortis causa. In this second case, in fact, it does not subsist some requirement of associates protection; it needs, instead, to see the heirs reasons, who are prevented to became member of the company, as happens in partnerships. At last, is analyzed the non-transferability to differentiated application and that relative one, as not re-entering directly within application of the art. 2469, comma 2°, c.c.