Invalidity and Ineffectiveness of Legal Action in Insolvency Proceedings Abstract The subject of this thesis is a comprehensive analysis of the institute of invalidity of legal actions and ineffectiveness of legal actions and the incorporation of these concepts in contemporary legal theory and practice. The legislation protects the rights of recipients of the law and the public interest by identifying the legal actions which contradict the principles of morality or (and?) the law, as absolutely or relatively invalid, if the meaning and the purpose of the Act so require. Legal actions are also considered invalid if those actions undertake to the fulfilment of something impossible and in certain cases also if those actions are not made in the required form or if they are an error. The current legislation also protects creditors from the behaviour of debtors, if they intentionally shorten their creditors, through an institution called the relative ineffectiveness of legal action. The purpose is to protect creditors, guarantors and other persons against this shortening legal actions made by debtors. Such conduct of the debtor is formally not problematic, but it damages creditors, who therefore have the right to demand that the court determines such action is ineffective (only) against them. The author's...

My thesis relates to the action for liability due to lack of assets in French law and further deals with this institute in the Czech Republic as it can be found in § 68 of Business Corporations Act. Along with the common legislation of liability, I present the institute of faute, which is unknown to Czech law and I describe the French national legislation of the action for liability due to lack of assets. The Czech legislation, which addressed the form of the institute when creating the Business Corporations Act yields an interesting comparison given French law has long incorporated the tradition of the institute. To finish, my thesis deals with the amendment of Business Corporations Act as proposed by the Ministry of Justice in the end of 2016 and which is only at the beginning of the legislative process. In France the institute represents a special type of liability that can be established to statutory bodies when there is lack of assets. In the Czech Republic it is a special type of guarantee that can be established for a member or a former member of the business corporation's statutory body. The differences between the French and Czech legislation are mainly based upon the manner in which the fulfillment of the obligation by the statutory body is made. In France the statutory body's fulfillment goes...

The aim of this thesis is to assess the Czech legislation in legal actions of persons suffering from mental disorder. The thesis is composed of five chapters. The first chapter describes the historical background of the topic. In the second chapter I describe in detail basic terms such as legal action, legal capacity and mental disorder, since these are important and essential for the thesis. The fundamental part of the thesis discusses institutes that support the legal conduct of persons suffering from mental disorder. These are preliminary statement, assist in determining, the representation of a household member, incapacitation and limitations associated with the institute guardian. The final chapter describes the fundamental international legal documents that influenced the Czech legislation.

Submitted by Filipe dos Santos (fsantos@pucsp.br) on 2016-08-11T14:01:08Z No. of bitstreams: 1 Rodrigo Dalla Pria.pdf: 908909 bytes, checksum: dd9b5a2bfcef8474a5cb69d7b9a38930 (MD5) / Made available in DSpace on 2016-08-11T14:01:08Z (GMT). No. of bitstreams: 1 Rodrigo Dalla Pria.pdf: 908909 bytes, checksum: dd9b5a2bfcef8474a5cb69d7b9a38930 (MD5) Previous issue date: 2016-04-13 / This present study aims to identify, from the joint interpretation and systematics of articles 165 and 166 of Brazilian Taxation Code (CTN) and article 18 of the Code of Civil Procedure (CPC), from the point of view of “assertion theory”, the legal criteria identification of legal standing to charge a claim for refund of undue payment / O presente trabalho tem como objetivo identificar, a partir da exegese conjunta e sistemática dos artigos 165 e 166, do Código Tributário Nacional e 18, do Código de Processo Civil, e à luz da teoria da asserção, os critérios jurídicos de aferição da legitimidade ativa na ação de repetição do indébito tributário

Social capital resources for the firm can be conceptualized as those executive-to-executive connections held by a firm’s top management team, as well as firm-to-firm relationships that exist fairly independently of particular individuals. This type of resource can compose an important portion of any firm’s overall resource portfolio. The potential benefits associated with social capital include enhanced economic exchange opportunities, improved innovation capabilities and increased firm survival rates, among others. This study adds to the literature stream focusing on the positive consequences of social capital by demonstrating the cross-level influence of social capital on the development of reciprocity within a joint venture network. It also highlights the link between social capital resources and the quality of knowledge available to a firm via its joint venture partnerships. More importantly, though, we specifically investigate the conditions under which a firm’s social capital (firm-to-firm relationships or the social capital held by key executives) can contribute to undesirable firm-level behaviors. One often mentioned, yet rarely explored dimension of social capital is the phenomenon frequently called the ‘dark side’ of social capital. This dark side of social capital is argued to exist whenever the behavioral expectations accompanying social capital limit contribute to undesirable outcomes for the firm. Several hypotheses are tested in the context of joint ventures among S&P 500 firms. The likelihood of a firm having legal action taken against it by federal regulatory agencies or other firms is demonstrated herein to be related to the number and strength of social capital relationships. In general this research supports the view that having a large number of weak ties is beneficial for firms. More specifically, we found that in the wake of the passage of the Sarbanes-Oxley Act of 2002, an inverse relationship exists between the likelihood of firms engaging in the undesirable behaviors investigated and the number of Boards of Directors on which the firms’ respective executives held seats. Conversely, firms were more likely to engage in these undesirable behaviors whenever the firm-to-firm ties within their network of joint ventures were strongest. Furthermore, executive discretion was highly related to the likelihood of firms engaging in undesirable behaviors.

Social capital resources for the firm can be conceptualized as those executive-to-executive connections held by a firm’s top management team, as well as firm-to-firm relationships that exist fairly independently of particular individuals. This type of resource can compose an important portion of any firm’s overall resource portfolio. The potential benefits associated with social capital include enhanced economic exchange opportunities, improved innovation capabilities and increased firm survival rates, among others. This study adds to the literature stream focusing on the positive consequences of social capital by demonstrating the cross-level influence of social capital on the development of reciprocity within a joint venture network. It also highlights the link between social capital resources and the quality of knowledge available to a firm via its joint venture partnerships. More importantly, though, we specifically investigate the conditions under which a firm’s social capital (firm-to-firm relationships or the social capital held by key executives) can contribute to undesirable firm-level behaviors. One often mentioned, yet rarely explored dimension of social capital is the phenomenon frequently called the ‘dark side’ of social capital. This dark side of social capital is argued to exist whenever the behavioral expectations accompanying social capital limit contribute to undesirable outcomes for the firm. Several hypotheses are tested in the context of joint ventures among S&P 500 firms. The likelihood of a firm having legal action taken against it by federal regulatory agencies or other firms is demonstrated herein to be related to the number and strength of social capital relationships. In general this research supports the view that having a large number of weak ties is beneficial for firms. More specifically, we found that in the wake of the passage of the Sarbanes-Oxley Act of 2002, an inverse relationship exists between the likelihood of firms engaging in the undesirable behaviors investigated and the number of Boards of Directors on which the firms’ respective executives held seats. Conversely, firms were more likely to engage in these undesirable behaviors whenever the firm-to-firm ties within their network of joint ventures were strongest. Furthermore, executive discretion was highly related to the likelihood of firms engaging in undesirable behaviors.

(Mistake in civil law) The submitted diploma thesis deals with the problematic of mistake in civil law as a form of vitiated consent. Pivotal provisions are present in § 583-585 of the act No. 89/2012 Coll., civil law. In the introduction of the thesis we can find general issues of legal action, with more detailed description of will, its characteristics, manifestation of the will and their relation to each other, as these essentials of legal actions are instrumental for the purpose of this thesis. Next chapter focuses on the main issue, mistake as it defines it in two separate ways, that is discrepancy between the genuine will of the acting person and manifestation of the will, secondly as a defect of the will. Main focus of the thesis lies within the latter case, discrepancy between genuine will of the acting person is only mentioned briefly. Afterwards the thesis focuses on different types of mistake as corresponding to the provisions in the act No. 89/2012 Coll., civil law. Special focus is put on the term decisive circumstance, necessity of participation of other party and excusable mistake, as well as extract about the mistake induced by deception. Following chapter is centred around subsidiary circumstance and how to distinguish it from a decisive one. Afterwards the thesis mentions other...

Submitted by JOSIANE SANTOS DE OLIVEIRA (josianeso) on 2018-04-25T16:39:19Z No. of bitstreams: 1 Melissa Demari_.pdf: 823614 bytes, checksum: bd7c8feb3d81855eb92ac9d3f81937e1 (MD5) / Made available in DSpace on 2018-04-25T16:39:19Z (GMT). No. of bitstreams: 1 Melissa Demari_.pdf: 823614 bytes, checksum: bd7c8feb3d81855eb92ac9d3f81937e1 (MD5) Previous issue date: 2017-12-21 / Nenhuma / A questão que se coloca no presente trabalho é o novo lugar assumido pelo Estado no tocante à administração de sentimentos, em especial nas ações envolvendo o chamado abandono paterno-afetivo. O fato de que o Poder Judiciário assumiu um protagonismo excepcional na administração das relações e afetos familiares nos últimos anos, não é novidade. Ações de reconhecimento de paternidade, divórcio, partilha de bens, guarda de filhos e pagamento de pensão são comuns no cotidiano forense. A novidade, contudo, são ações nas quais se reclama indenização por ausência de afeto, em especial na relação paterna. A pesquisa revela que o Judiciário, com seu discurso, tem uma força constitutiva da realidade, e contribui para despertar de novas moralidades e sensibilidades familiares. Contudo, para a constituição dessas novas sensibilidades – dentre as quais está o abandono – o Judiciário se socorre de uma racionalidade que seja capaz de dar crédito às percepções do abandono, pois os processos são permeados de uma lógica, segundo a qual as emoções ocupam um lugar de não-direito. As ações envolvendo as relações familiares comunicam, a todo instante, que a criança cuja infância foi marcada pela ausência paterna pode apresentar problemas futuros, de modo que as construções jurídicas em torno da supressão do abandono e os discursos jurídicos como um todo denunciam a percepção de uma normalidade familiar e de uma pedagogia da paternidade para alcança-la. Finalmente, este universo revela a ideia segundo a qual a paternidade foi construída como subsidiária em relação à maternidade. Na medida em que as mulheres são consideradas como responsáveis pela criação dos filhos, no discurso jurídico o pai que paga pensão regularmente, rompe com a lógica do dom na parentalidade, convertendo-a numa relação mercantil que percebe no auxílio financeiro o cumprimento integral das obrigações paternas. Tem-se, assim, uma lógica que delineia uma noção de normalidade familiar, perpassada por distintos valores de gênero em relação à maternidade e à paternidade. / The aim of this work is to discuss the new place taken by the State regarding feelings management, especially in legal actions involving the so-called paternal abandonment. The fact that the Judiciary has had an unusual role in the management of family relationships and affections in recent years is nothing new at all. Legal actions regarding acknowledgment of paternity, divorce, division of property, child custody and child support are common in everyday judicial activities. What is new, however, are actions claiming indemnity for lack of affection, especially in relation to father-child relationship. The research shows that the Judiciary, with its discourse, has an essential power of reality, and contributes to the rebirth of new moralities and familiar sensibilities. Nevertheless, for the development of these new sensitivities – amongst them, the abandonment - the Judiciary trusts on a rationality that is able to give credit to the perceptions of abandonment, because the actions are based on reasoning, where emotions have no rights. Actions involving family relations, state at all times, that the child whose childhood was marked by paternal absence, may present future problems, so the legal understanding of the elimination of abandonment and the legal discourses, as a whole, denounces the perception of a family normality and fatherhood pedagogy to achieve it. Finally, this universe expresses the idea that fatherhood is somehow less important than motherhood. While women are considered responsible for the child’s upbringing, in the legal discourse, the father who regularly pays child support, breaks up with the idea of having the gift for parenthood, turning it into a commercial relationship that recognizes, in the financial assistance, the complete conformity to parental commitment. Thus, there is a thought that describes a concept of family normality, formed by different gender values regarding motherhood and fatherhood.

À l’été 2010, le gouvernement canadien a annoncé le remplacement du formulaire long obligatoire par l’Enquête nationale auprès des ménages, un questionnaire facultatif. Ce changement a causé beaucoup de réactions, parce que cela affectera la qualité et la continuité des données recueillies, qui servent à appliquer différents programmes et lois, et qui sont utilisées par de nombreux groupes dans leurs fonctions de recherche et de représentation. Le présent mémoire a pour objectif de comprendre pourquoi le recensement devient parfois le centre d’un conflit politique, quels acteurs sont impliqués, et pour quelles raisons. À l’aide d’une analyse comparative de cas antérieurs dans différents pays, nous identifions trois éléments nécessaires pour que la méthodologie du recensement devienne un enjeu politique. Il s’agit de la présence: (1) d’un aspect identitaire; (2) d’une dimension idéologique qui concerne particulièrement le rôle de l’État et l’action positive; et (3) de programmes ou d’objectifs gouvernementaux qui dépendent directement des données du recensement. Pour évaluer si ces trois facteurs sont également présents au Canada en 2010, nous avons effectué des entrevues avec les groupes qui ont contesté la décision de l’annulation du formulaire long obligatoire. Ces groupes ont contesté la décision devant les tribunaux, et ont évoqué les risques de non-respect du gouvernement envers ses obligations légales, notamment envers la Charte des droits et libertés. L’analyse de ce conflit nous permet aussi d’évaluer les relations entre le gouvernement canadien et la société civile, et le manque de ressources et d’opportunités auquel font face les groupes d’intérêt et les représentants de minorités à la recherche d’équité. / In 2010, the Canadian government announced the cancelation of the long-form mandatory census of 2011. It was replaced by the non-mandatory National Household Survey. Many protests were heard, because the data will be less accurate and there will be no continuity with the previous censuses. This data has many purposes, like the application of laws or governmental programs. Different groups also use it in research and advocacy activities. This master’s thesis analyses different situations of controversy over the census methodology, in various countries, to understand how it becomes a political conflict, who are the actors that get involved and why they do so. We find that 3 conditions are necessary to turn a census into a political battlefield. It is : (1) an identity concern; (2) an ideological dimension, about the role of the State and of affirmative action; and (3) the presence of laws or programs that depend directly on the census data. To test this affirmation, we interviewed groups that contested the decision of the cancelation of the mandatory long-form census in Canada in 2010. They took the case in front of the Courts, and think that the government has now the opportunity to escape from some of its obligations, one of which is the Canadian Charter of Rights and Freedoms. This controversy’s analysis shows patterns in the relations between the Canadian government and the civil society. Interest groups and minorities now face very little opportunity of doing advocacy activities before the federal government.

6 Annotation The aim of the thesis is to introduce an urban book of Pacov in term of a diplomatic analysis. This urban book was established from the second half of 15 century to the second half of 17th century. The actual analysis of the registers is introduced by two sub-chapters. The first one is focused on the socio-politico-administrative development of the areas of Pelhřimov and Pacov during the late medieval and early modern period. The environment of Pacov is directly reflected in the section devoted to municipal laws, which aim is to put the content of privileges issued for Pacov to a broader social context. The sub-sections describing the outward signs of the urban book, an analysis of the registers from a diplomatic-content analysis point of view and the urban book in the context of the written production of the municipal office are the central part of the analysis of the urban book of Pacov. The groups sorting of different types of registers is based on the structure of municipal book as Ludmila Sulitková has applied to the urban environment of Brno books in the context of the urban book development in the Middle Ages. This classification is based on the results of a longtime research, whose origin can be associated with Václav Vojtíšek. The main consideration in the discussion of each register...