Which political entities have personality in international law? ‘States’ is an inadequate answer. Historically, the term has not always designated a stable, legally meaningful category of entities, nor have states been the sole political entities with rights and duties. Moreover – contrary to traditional views – there is more than one means of acquiring statehood, with the consequence that not all states are alike in legal terms. This thesis offers an explanation of the personality of states and other political entities that takes this complexity into account. The first chapter of the thesis presents a definition of the personality of political entities. The definition draws on W N Hohfeld’s approach to rights and duties and requires a person to have at least one right or duty in his sense. This emphasises that personality is primarily about conduct: international law regulates conduct by persons towards other persons. Chapter 2 investigates the personality of political entities before the twentieth century, focusing on the question of what differences existed between Western states and the empires, chiefdoms, and other political entities found elsewhere in the world. This question was significant for the emergence of a stable concept of statehood. Chapter 3 examines the general rules about statehood. It rejects both the view that statehood always depends on criteria of effectiveness and the view that statehood always depends on recognition. The most persuasive view is that statehood can be acquired either by effectiveness or by recognition (with some qualifications: notably, recognition may create statehood relative only to some other states). This explains, among other things, how states can survive extended periods of anarchy. Chapter 4 deals with exceptions to the general rules, showing that recognition usually cannot be used to breach an existing state’s territorial integrity and that the role of peremptory norms must be reassessed in light of the existence of two alternative means of acquiring statehood. The final chapter concerns the possibility that political entities may have personality short of statehood.

The concepts of sovereignty and legal personality in Islamic Law and Western Law are fundamentally different. Under Islamic law sovereignty belongs to Allah and the ruler is the agent of the Ummah. His function is to implement, rather than make the law. Western law assigns sovereignty to the state. The state has complete monopoly over the law making process, giving validity to which under Islamic law was the domain of the doctrinal schools. Furthermore, the birth of the nation-state has changed the structure in which traditional Islamic law operated which has now been forcefully restricted in its scope. The concept of ‘asabiyya is different from the concept of nation. The former is a natural phenomenon while the latter has been imposed upon the Ummah. If certain changes are made to the way that the modern state operates, it can function as an administrative tool that serves the Ummah.

The concepts of sovereignty and legal personality in Islamic Law and Western Law are fundamentally different. Under Islamic law sovereignty belongs to Allah and the ruler is the agent of the Ummah. His function is to implement, rather than make the law. Western law assigns sovereignty to the state. The state has complete monopoly over the law making process, giving validity to which under Islamic law was the domain of the doctrinal schools. Furthermore, the birth of the nation-state has changed the structure in which traditional Islamic law operated which has now been forcefully restricted in its scope. The concept of ‘asabiyya is different from the concept of nation. The former is a natural phenomenon while the latter has been imposed upon the Ummah. If certain changes are made to the way that the modern state operates, it can function as an administrative tool that serves the Ummah.

In this thesis I deal with legal personality of nursery schools. I define the concept of legal personality, describe its influence on school management, present the extent of legal personality of Czech nursery schools in a historical comparison, and briefly also in an international comparison with other European countries. The topic of the thesis directly addresses the field of legal status of schools. In the theoretical section, I describe the current situation, explain relevant terms, and the needs preceding the necessity to establish the legal personality of schools. Furthermore, I present the history and legal terms of legal personality of schools in the time frame of the 1990s when all types of schools gradually gained their legal personality. In a separate chapter, I discuss management of the school as a legal entity. In the research section of the thesis, I show the present extent of legal personality of Czech public nursery schools. The aim of the thesis is to help create a comprehensive view of how legal personality affects school management and the authority of the headmaster as an executive of an organization with legal personality.

1 Summary The thesis is focused on a specific area of the private law and concerns with questions of legal capacity of natural persons, specifically with the legal conception of acquiring and restricting legal capacity. The main attention is dedicated to task of civil courts in cases of reduction capacity. The first chapter deals with the basic legal terms crucial for this issue - person, legal personality and legal capacity and their mutual relations. On the grounds of interpretation of article 5 of the Charter of Fundamental Rights and Freedoms, we can say, that in our legal order everyone is a person in legal meaning of the word. It means that everyone has a legal personality as an attribute of person and cannot be deprived of it. Legal personality means to be capable of having legal rights and duties and it is a prerequisite to legal capacity, which determines the ability of person to amend (enter into, transfer, etc.) her rights and duties. The thesis shows that on the constitutional level the legal personality and the capacity are two sides of the same coin, while for the private law the separation of these two attributes is typical. The reason for it is based on fact, that while the legal personality arises purely from the nature of a person, the capacity depends on a physical maturity. This is also...

A special role amongst various efforts to combat transnational criminal activity belongs to extradition, which has transformed into a form of international cooperation and became an indispensable tool for ensuring criminal responsibility in any part of the world. However, for a long period of time, an individual in the process of extradition has been treated as a passive object of intergovernmental relations which have a significant political component. In this thesis, the claim is that treatment of an individual as a rights bearer and an active subject of legal relationships among other parties of the process, combined with transfer of final decision-making right from the executive to judiciary branch of power, is capable to enable application of the Rule of law principles to particular extradition cases, limit broad discretion of decision makers and minimize political component of extradition.

A special role amongst various efforts to combat transnational criminal activity belongs to extradition, which has transformed into a form of international cooperation and became an indispensable tool for ensuring criminal responsibility in any part of the world. However, for a long period of time, an individual in the process of extradition has been treated as a passive object of intergovernmental relations which have a significant political component. In this thesis, the claim is that treatment of an individual as a rights bearer and an active subject of legal relationships among other parties of the process, combined with transfer of final decision-making right from the executive to judiciary branch of power, is capable to enable application of the Rule of law principles to particular extradition cases, limit broad discretion of decision makers and minimize political component of extradition.

Submitted by Irene Nascimento (irene.kessia@ufpe.br) on 2015-03-03T19:00:11Z No. of bitstreams: 2 TEXTO FINAL.pdf: 941406 bytes, checksum: 7fa4b2e89b6c1f051c94eeb58042fbdd (MD5) license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) / Made available in DSpace on 2015-03-03T19:00:11Z (GMT). No. of bitstreams: 2 TEXTO FINAL.pdf: 941406 bytes, checksum: 7fa4b2e89b6c1f051c94eeb58042fbdd (MD5) license_rdf: 1232 bytes, checksum: 66e71c371cc565284e70f40736c94386 (MD5) Previous issue date: 2012-02-06 / Conselho Nacional de Desenvolvimento Científico e Tecnológico (CNPq) / This dissertation intends to analyze the attribution of the juridical category of “person” to the unborn child in the context of the juridical-philosophical formulation of meanings attributed to the term person, from the Roman tradition until the context of the crisis of legal security by codification in which the dignity is juridically chosen as a value of the human person. In Roman law, the concept of the person (persona) was not endowed from the abstract, how it was attributed by the Pandectistic of the 19th century, but embraced the human being concretely in his multiple dimensions, inclusively considering itself as such the unborn child, to which was guaranteed the rights in view of his birth. In regard of axiom conceptus pro iam nato habetur, based in the roman treatment given to the unborn, emerged two interpretations: one, more faithful to the Justinian tradition, which recognizes the concrete reality of the unborn child and equates him to the already born, and the other, abstract, sustained by the Pandectistic and based on the thoughts of Savigny, which considers the parity between the unborn and the born simply a mere fiction. This latter interpretation influenced the elaboration of many civil codes like the German and the Brazilian Code of 1916, both of which determined that the natural personhood can be attributed only when the child is born alive. The idea of personhood while a simple legal attribution withdraws itself from the philosophical tradition that considers the person in his ontological aspects, a fact that deserves to be recognized as primary in the juridical planning. The principle of human dignity, incorporated in the Brazilian Constitution of 1988 as the foundation of the Republic, serves as an indication of an ‘ethical personalism’ which reflects itself in personal rights, providing elements to enlarge the semantic content of the juridical concept of person, recognizing the personal dignity of the unborn child, as done in the ‘Pact of San Jose, Costa Rica’ (American Convention on Human Rights), to singularize the juridical personhood as a right and the unborn child as a person. Keywords:

Advantages and risks of introducing animal legal personality into Czech law system The topic of my thesis is animal legal personality and consideration of advantages as well as negative aspects of introducing it into the Czech law. The aim of this work is to examine whether the animal legal personality is a solution that could lead to higher animal protection. In order to assess the benefits and risks of introducing legal personality of animals, I analyze the current legal status and investigate whether animals have any rights today. Furthermore, I concentrate on whether the integration of the legal personality of the animals into the legal system is at all possible, and seek such form that would make the integration acceptable. The work is divided into six chapters. In the first chapter I examine the history of the legal protection of animals with a focus on its development in the Czech lands. The second chapter is a summary of current legislation of animal rights, especially in the Czech Republic but also in other European countries. There is a sub-chapter here dealing with international law that has a direct impact on the Czech law. In the last sub-chapter I seek an answer whether, according to the applicable law of the Czech Republic, the animals already have any rights today. In the third chapter I...

Trust fund in context of tax law Abstract Trust fund is a relatively new legal structure in Czech legal system, embodied in the Civil Code with recodification of Civil law in 2014. Trust fund is constituted by appropriation of property from trustor for trustee's administration either for personal purpose or for purpose of general interest. The property does not turn into the property of trustee, beneficiary, nor does it stay the property of trustor. On the contrary it becomes separate and independent property without any owner. Trust fund is lackíng legal personality and is fully under the administration of trustee. The thesis focuses on trust fund under the Civil Code in the light of tax law. The objective of this thesis is to expound on and analyse current private law and tax law legal framework of trust fund, to assess the rate of embodiment of trust fund into Czech legal society and also to assess the success rate of proclaimed tax neutrality with tax regime of legal entities. Beyond above mentioned the thesis also offers the interpretation and solution of both known and by the author's point of view relevant though yet unknown problematic issues. The thesis consists of three parts. The first part of thesis focuses on the history of modern angloamerican trust and its ancestor known as "use," it also...