Resumé This thesis deals with the concept of "good manners" in Czech legal order. The thesis does not attempt to define good manners. The aim of this work is not to give readers a comprehensive picture of good manners in contemporary Czech society, but to illuminate the term and explain its function. The thesis is divided into five chapters. The first chapter introduces readers to the history of the concept of good manners, with the concepts of morality, public morality and public order, as well as with the rules of good manners and the actual concept of good manners. The first chapter still contains good manners as an interpretative and application rule and the principle of fair trade. The second chapter is devoted to selected issues of individual civil rights. These issues are the following issues - a duty to maintain a divorced spouse, default interest, an usury, laesio enormis, further an objection limitation, a restitution, a penalty and an advertising and good fair competition. The third chapter deals with the case law of the Supreme Court of the Czech Republic and the case law of the Constitutional Court of the Czech Republic. In addition case law, this chapter also deals with importance of good manners and a legal certainty. The fourth chapter deals with good manners in a civil trial. First of all...

In this thesis, ipek Ongun&rsquo / s three books on good manners and etiquette, which especially aim at teenage girls, are analyzed in detail. Born in 1943, Ongun is a popular Turkish writer in teenage literature who has sold over a million books since 1980s. It is necessary to investigate especially the cultural, social and aesthetic messages given in her books. The writer&rsquo / s non-fiction trilogy has been extremely influential on teenage girls in Turkey in the 1990s, and they still are. These are Bir Piriltidir YaSamak (Living Is a Glitter, 1991), Bu Hayat Sizin (This Life Is Yours, 1993), and L&uuml / tfen Beni Anla (Please Understand Me, 1995). The themes of major importance in the trilogy are social life, traditions, schools, parenting, beauty, and personal care. This study examines the content of this trilogy from a critical perspective, especially raising questions regarding Ongun&rsquo / s messages leading the construction of female identities from a feminist viewpoint. The qualitative research method has been adopted for the analysis and several comparisons have been carried out between Ongun&rsquo / s books and certain popular teenage etiquette books published in the US. The study concludes that although some of Ongun&rsquo / s messages might be found beneficial for certain segments of the teenage population, the fact that she is not an expert in teenage psychology and development, poses several critical questions about the validity of her messages. Besides, Ongun&rsquo / s target audience seems to be the upper-middle classes of the society also raises questions regarding the universality of her messages.

- The Principle of Fair Business Transactions The submitted thesis called The Principle of Fair Business Transactions deals with assessment of impacts of private law's recodification on this principle and the issue of its application. The thesis consists of two main parts - theoretical and analytical. The theoretical part is divided into general and specific. The general theoretical part focuses on the specification of the business principle and its emplacement among other similar private law's principles such as principle of good faith and fair dealing and good manners. The aim of this part was to define divergences of each of the principles and the aftermaths of breaking these principles. It is impossible to go through the topic of the principle of fair business transactions globally, especially due to the extensiveness and variety of usage of the principle in business law relationships. Therefore, special attention has been paid to the principle of fair business transactions in the field of contractual penalty in the next theoretical part. In the analytical part, I endeavour to deal with the issue of the exercising of the right of a contractual penalty. In the first part, there is a short discourse on the contractual penalty itself, definition of an inadequate amount of the contractual penalty...

Central point of the thesis at hand is the effort to clarify legal consequences arising out of the conclusion of the usurious contract. Its primary aim is to determine whether the usurious contract is voidable or rather null and void and whether it is possible to uphold the usurious contract either by applying the concept of partial invalidity or by judicial balancing of the grossly disproportionate considerations arising out of the usurious contract. This thesis is structured into two parts. The first chapter of the first part briefly introduces paradigms of the rules related to the usury. The second chapter analyzes individual characteristics of the usury. In the third chapter author argues for the possibility to review the contracts (showing the disproportion of considerations, defects of the abused's will and the element of abuse, however, not fulfilling all the characteristics of the usurious contracts due to narrow definition of the usury) by the good-manners-test. Second part of this thesis is divided into three chapters. The first chapter analyzes consequences resulting from the violation of the usury prohibition and their impact on the usurer's and the abused's legal position. This chapter also deals with the difficulties in terms of interpretation of rules governing invalidity of legal...

Émile Augier, Alexandre Dumas fils et Victorien Sardou figurent parmi les dramaturges les plus importants du Second Empire (1852-1870). À travers cette étude, nous nous proposons d’examiner les comédies de mœurs de ces auteurs sous l’angle de la sociopoétique pour ce qui concerne les règles du savoir-vivre et les bonnes manières, examinées dans leur fonction dramatique et théâtrale. Nous nous sommes attachée à l’étude de l’esthétique théâtrale du savoir-vivre qui englobe le lieu (Paris), les personnages (les mondaines et demi-mondaines, les mondains et les domestiques) et les moyens de communication à distance (la lettre et les cartes). Nous nous sommes ensuite penchée sur le caractère spectaculaire du savoir-vivre, à savoir la «distinction» ou la mise en scène de soi, la gestuelle des salutations, les «toilettes tapageuses» et les arts de la table. Les composantes des codes de politesse permettent de parler d’une dramaturgie du savoir-vivre qui caractérise les comédies de mœurs. Cette dramaturgie, que d’aucuns estiment surannée, reflète toutefois les usages représentatifs d’une époque. / Émile Augier, Alexandre Dumas fils and Victorien Sardou appear among the most important dramatists of the Second Empire era (1852-1870). In this thesis, comedies of manners of these authors are considered from a “socio-poetical” point of view. Rules of etiquette and good manners are analyzed in their dramatic and theatrical function. Theatrical aesthetic of manners which includes locality (Paris), characters (mondaines and demi-mondaines, mondains and servants), and media of communication (letters and cards), is examined first. Afterwards, spectacular aspects of good manners are studied : “distinction”, greeting’s gesture, outfits and “arts de la table”. Components of rules of etiquette lead to think of a certain dramaturgy of good manners which are characteristic of comedy of manners. This dramaturgy, which is considered as ‘old fashioned’ by some people, reflects however typical manners of an epoch.

Made available in DSpace on 2016-04-26T20:24:17Z (GMT). No. of bitstreams: 1 Deborah Fonseca Fernandes.pdf: 1252359 bytes, checksum: 4ea5a814d8ec3eff2f554dfe0d5118ab (MD5) Previous issue date: 2016-03-09 / Conselho Nacional de Desenvolvimento Científico e Tecnológico / The purpose of this work is to present the elements that structure the theory of abuse of right in the current Brazilian law from the analysis of the expressions contained in article 187 of the Civil Code of 2002, that is, what is Law and right, the object of abuse, good faith, morality and the social and economic role of right, which are expressed limits imposed by law. In addition, there are, briefly, the historical development of the theory, the doctrinal currents on the subject and its design in Portuguese civil law. It sought through research in national and foreign doctrines clarify the contents of vague terms used for the characterization of the abuse of rights theory and the difficulties to accept it because of the apparent conformation behavior with a subjective right prescribed by law. Through the doctrinal and jurisprudential study presents the foundations of theory and its practical importance for solving social disputes. Thus, it can be seen that the theory is not merely ideal, but with relevance to be effective, in some cases, the only tool able to facilitate the restoration of the legal relationship to that expected by law / O objetivo da dissertação é apresentar os fundamentos que estruturam a teoria do abuso do direito no direito brasileiro vigente a partir da análise dos elementos contidos no artigo 187 do Código Civil de 2002, isto é, o que é o direito, que será objeto de abuso, a boa-fé, os bons costumes e os fins social e econômico do direito, que são os limites expressos trazidos pela legislação. Além disso, analisa-se, ainda que sem esgotar os temas, a evolução histórica da teoria, as correntes doutrinárias e sua concepção no direito civil português. Buscou-se por meio de pesquisas em doutrinas nacional e estrangeiras esclarecer o conteúdo de termos vagos utilizados para a caracterização da teoria do abuso do direito e as dificuldades de aceitá-la em razão da aparente conformação do comportamento com algum direito subjetivo prescrito em lei. Através do estudo doutrinário e jurisprudencial apresentam-se os fundamentos da teoria e sua importância prática para solução de controvérsias sociais. Com isso, pode-se observar que a teoria não é meramente ideal, mas com relevância efetiva por ser, em certos casos, a única ferramenta hábil a viabilizar a recomposição da relação jurídica para aquilo esperado pelo direito