Débloquer le contrat, relevant du droit commun, de ses sources d’anéantissement revient à le faire échapper à la nullité ou à la résolution grâce à l’application de sanctions alternatives. Le but n’étant pas de proposer toutes les solutions salvatrices possibles mais uniquement celles dont la primauté sur les sanctions destructrices peut être justifiée par une argumentation juridique solide. Afin de défendre cette idée, notre étude ne se contente aucunement de décrire ce que l’ord. du 10 fév. 2016 permet déjà à ce sujet (art. 1170, 1171 et 1195 C.civ.). En premier lieu, un fondement général est proposé. Les solutions alternatives au lieu et place de la nullité peuvent se fonder sur l’art. 1184 C.civ., en vertu duquel l’irrégularité partielle ne peut pas mener à autre chose qu’une sanction partielle maintenant le contrat. S’agissant des solutions alternatives à la résolution, elles ont été fondées sur une relecture, plus moderne, du principe de la force obligatoire du contrat. En second lieu, sont proposées des sanctions salvatrices, parfois inédites, basées sur une interprétation originale des nouveaux textes du droit commun des contrats. Par ex., est envisagée une requalification de l’indemnité octroyée en contrepartie d’un engagement de non-concurrence afin qu’elle ne soit plus considérée comme une rémunération salariale mais plutôt comme la rémunération d’une prestation de service. Pourrait ainsi être appliqué l’art. 1165 C.civ. qui autorise la détermination du prix postérieurement à la formation du contrat alors que selon le droit prétorien en vigueur, l’absence de fixation du prix au sein de la clause de non-concurrence, entraîne son annulation. En outre, au sein du nouveau droit des contrats ont été découverts des fondements tout à fait appropriés pour justifier, entre autres, le recours à la nullité partielle pour tous les vices du consentement incidents, ainsi que la possibilité de sanctionner l’abus dans la fixation du prix par sa réduction, etc. / The saving adaptation of the contract threatened by a nullity or a termination amounts to get it out of a dead end and thus unblock it. Unblocking applied to the contract is not a notion but a mechanism in which the means, allowing it to pursue its destiny in a sustainable way, are integrated. Since it is a matter of giving priority to alternative remedies to the annihilation of the contract and that these are of a great diversity, it cannot be a question of a single notion, and even less of a unified legal regime. The identified blockages are solved by very different solutions, each with its own regime. However, they all come together for their purpose, which is to maintain an effective contract. This inevitably happens by reshuffling the Court's powers toward the contract because its release requires it to be rewritten almost systematically. The ordonnance of February 10, 2016 reforming the law of contract modifies this role only in a fragmented way. Indeed, we can note that it is more increased in unfair terms (Art. 1170 and 1171 civ. C.) and change of circumstances (Art. 1195 civ. C.) but the virtues of the unblocking of the contract that we have identified invite to a greater generalization of this recent dynamic. The techniques of unblocking the contract proposed in this thesis constitute either original interpretations of the new texts of the law of contract, or novel solutions for which we have discovered the appropriate juridical basis.

Title: Reasons why children in pubescence (age 14 - 18) terminate their sport activity at judo competitions Objective: Goal of my dissertation work is to find out possible reasons why children terminate their sport activity at judo competitions in pubescence. Methods: A survey sent to 42 judo trainers and 21 children helped to find out the reasons why children terminate their sport activity at competitions at the age 14 - 18. Results: We have found out that the main reasons are feeling of anxiety before the match, lack of time and demanding studies at high school and university out of the hometown. Keywords: reasons for termination of the sport activity at competitions, trainer, judo, motivation

Legalization of Abortion in Argentina: A Path-Dependency Reading of the Influence of the Catholic Church and the Contrast with the Uruguayan Experience Alexa Elleny Quiles Hernández Abstract Argentina's abortion laws only allow women to access a lawful procedure in cases of rape and health or life threat, and this has been driving women who do not wish to continue a pregnancy into criminal considerations and, in many cases, dangerous and unhygienic environments. The aim of this work is to delineate part of the historical path that has forged the strong relations between the Argentinean State and the Catholic Church since the colonial period and the influence this has had on restrictive abortion rights for women today despite the growing number of demands to legalize voluntary termination. To highlight this influence, this study contrasts the Argentinean experience with that of neighboring Uruguay, a country that successfully legalized abortion in 2012 and which drew an effective division between the Church and the State at an early stage, furnishing a more autonomous environment for the government to respond to citizens' needs. For this, this work takes on Paul Pierson's approach to increasing returns and path- dependency theory and researches and analyzes events, dynamics and factors that have paved...

71 Invalid and Apparent Termination of Employment by the Employer Abstract This diploma thesis deals with an everlasting issue: invalid and apparent termination of employment by the employer. The text of the thesis is divided into five chapters, further segmented into subchapters, some of these consisting of even lower level chapters. The first chapter covers the historical development of labor law and its separation from civil law into a separate branch of law with its own code. The following chapter defines the basic legal concepts, which are employment and legal transaction, as well as the invalidity and appearance of legal transactions. The second chapter also contains a reflection on the meaningfulness of the legal institute of appearance of a legal transaction. In the third chapter are analyzed specifics of the invalidity of legal transactions in labor law and the consequences of invalidity of the employment termination. The core of the diploma thesis is formed by the fourth and fifths chapters, containing a non- exhaustive list of reasons for invalidity and apparent termination of employment by the employer and a more detailed definition of these reasons, including a thorough analysis of some contentious issues. It was also necessary to cover the ineffective delivery of a document which leads to the...

This thesis provides an analysis and comparison of the EU and national legislation concerning protection for pregnant employees from termination of employment. The main goal of this thesis is comparison of the legal protection based on the Council Directive 92/85/EHS and other legal elements incorporated in the Act no. 262/2006 Labour Code. Pregnant woman is in very specific position in terms of employment relations, and she is considered to be a weaker party. Nevertheless, regular employee is also considered to be a weaker party, but in comparison of the legal protection between employee and pregnant employee, we will unambiguously conclude, that level of protection is considerably higher for the pregnant employee then for the regular one. And it is for a legitimate reason since a pregnant employee, during pregnancy and maternity, is endangered not only from the physiology perspective but also from social security perspective. For this reason, the legal acts concerning position of the pregnant employee, in the national or European level, are mostly in their favour. Simultaneously this thesis mentions some of the important judgements, in which courts are once again mostly in favour of pregnant employee. This thesis analyses the level of protection of those employees and evaluates the sufficiency...

Background: There is an increased awareness among women of child bearing age on the forms of contraceptives in South Africa. Despite this, there has been a steady rise in the number of induced abortions conducted in the country. The aim and objectives of this study was to understand the contraceptive choices of the women requesting termination of pregnancy as well as their knowledge, attitude and practice toward contraceptives in one of the District Hospitals in Western Cape, South Africa. Methods: This was a cross sectional descriptive study which was conducted in Mitchell's Plain District Hospital, among women seeking induced abortion. Women aged 18 years and older seeking elective Termination of Pregnancy were included in the study. Convenience sampling method was used to select the participants women attending the clinic and who were willing to participate. Researcher-administered questionnaires were used as a data collection tool, and the data analyzed using SPSS version 25. Correlation between socio-demographic factors and contraceptive uptake was made using chi-square and Fisher's tests. Results: Most of the participants were between the ages of 26-39 years, single, unemployed and did not have matric education. There was an acceptable knowledge on contraceptives in terms of types, sources and side effects. However, there was low uptake of contraceptives (17%) prior to falling pregnant. The most common barriers to contraceptives use were side effects, no time to visit the clinic and low level of education. Conclusion: Findings from this study showed that awareness and knowledge of contraceptives does not necessarily translate to practice. In the future, it would be worthwhile to conduct a qualitative in-depth study on decision-making and behavior of all women around contraceptives.

1 Einführung, 2 Termersetzungssysteme, 3 Konfuenz und Termination, 4 Vervollständigung von Termersetzungssystemen, 5 Termination von Termersetzungssystemen

Thesis (M.Dev.) --University of Limpopo, 2007 / The study sought to develop guidelines that are aimed at improving Termination of Pregnancy (TOP) services that are rendered by public hospital based midwives. The researcher applied a qualitative and descriptive design. The study targeted midwives in the Bohlabela District, which has three hospitals. A non-probability purposive sampling was used to 6 midwives who are currently conducting TOP services in the hospitals. Data collection was both in-depth and conducted in face-to-face interviews with each participant. The findings of the study were analyzed, categorized into sub-themes, and revealed that midwives who conduct TOP services experience the following challenges, namely: inadequate human resource, poor infrastructure, lack of equipments, poor management support, and lack of support from doctors. Based on the findings of the study, it is imperative that all hospitals be designated centres for TOP services, so as to reduce the workload in the few hospitals that currently are inundated. The infrastructure needs to be improved, information about TOP services to the public has to be disseminated through awareness campaigns, and scarce skills allowances must be introduced. In addition, more staff members need to be employed. The study further recommends that the TOP policy guideline be reviewed in terms of allowing other competent health professionals to perform TOP. Chapter two discusses the literature review regarding the challenges that affect midwives who conduct TOP. In this study, theresearch compares the practice of TOP by the developing and developed countries, looks at related to laws at on TOP; gives an overview of sterilization Act in South Africa; mentions the amendments of laws on TOP; considers other legal restrictions; presents mandatory counseling for TOP clients; focuses on religious, cultural and traditional beliefs. The researcher has consulted different literatures, journals articles and website on challenges that affect midwives in rendering TOP in Limpopo, South Africa and world wild. Chapter three presents research methodology that consists of research design; area of study; population; sampling method; data collection method and procedure; ensuring trust worthiness; and ethical consideration, to be followed by limitation of the study. Chapter deals with data analysis and interpretation. Chapter five presents the researcher’s conclusions and recommendations.

Termination of pregnancies is a public health concern in many developing countries. In Bangladesh women faces barrier to access health care service for pregnancy termination. Moreover induced termination is illegal, against religion and moral grounds therefore, many pregnancies termination performed by untrained and unsafe way in Bangladesh which leading to maternal morbidity and mortality. On the other side, unintended pregnancy termination such spontaneous abortion, miscarriage occurs due to disease, trauma, genetic defect or biochemical incompatibility of mother and fetus and climate change related vulnerabilities. This study investigates the prevalence and associated factors of terminated pregnancy among Bangladeshi ever-married women. Secondary data was obtained from Bangladesh Demographic Health and Survey (BDHS) for the year of 2017-18. Data was included 20127 samples of ever-married women of reproductive age 15-49 year. Descriptive analysis (chi-square test) and one way- ANOVA (Analysis of Variance) test was conducted to understand the association between factors and pregnancy termination. The study finding revealed that 21% ever-married women had terminated pregnancy and there were statistically association between terminated pregnancy and demographic, socio-economic and reproductive health related factors. Termination of pregnancy is prevalent in Bangladeshi women and need to apply health policy for preventing and intervening programme to eliminate geographic and socio-economic inequalities. For example, providing education and counselling program about reproductive health care service and family planning method help to avoid unintended or unsafe pregnancy termination.

Thesis (MPH.) -- University of Limpopo, 2020 / Background: In South Africa, the Choice on Termination of Pregnancy Act (CTOP) (No. 92 of 1996) promotes a woman's reproductive right and choice to have an early, safe and legal abortion. Pregnancy termination among young women constitutes a public health problem particularly in South Africa where high prevalence of abortion has been recently recorded. HIV acquisition is increased two to four-fold during pregnancy, due to biological and behavioural factors including immunological changes, hormonal changes affecting the genital tract mucosa, higher frequency of unprotected sex and incident sexually transmitted infections (STIs) during pregnancy. There is a growing interest in exploring maternal mental health effects of unintended pregnancies. However, the evidence base from a small number of available studies is characterized by considerable variability, inconsistency and inconclusive findings. Therefore, the primary objective of this study was to investigate the prevalence of HIV and its association with termination of pregnancy at Seshego Zone 4 clinic in Limpopo Province. Methodology: A cross-section descriptive retrospective review study in which convenience sampling of the records of women who terminated pregnancies was used in this study. The key variable of interest in this study was HIV results and all patients records without evidence of HIV testing, and the associated results were excluded. A self-designed data extraction tool was used to extract the data from patients records and tool covered variables such as the age of the women, educational status, marital status, occupational status, year and month of termination of pregnancy, gestational age, parity, and gravidity, method of contraceptive used, HIV status, ARV and ARV regimens. Data analysis was done using the STATA statistical software version 12 for Windows (STATA Corporation, College Station, Texas). vi Results: The mean age was 24.98 years SD±14.4 and majority of women who terminated pregnancies were in the age group 20 – 24 years at 35.7% and the least number of women who terminated pregnancies were in the age groups ≥ 40 years and ≤ 14 years at 2.3% and 0.3% respectively. Majority of the women who terminated pregnancies had parity of 1 – 2 at 47.4% followed by parity of zero at 42.3% and 3 – 4 at 9.9%. Majority of the women who terminated pregnancies were in gravida 1 at 42.8% followed by those with gravida 2 at 27.1% and those who were pregnant between the 3rd and 4th time were 26.9%. There was a statistical significance difference (p<0.001) of the use of contraceptives by age groups and also in relation to parity and similarly to gravidity. The prevalence of HIV amongst women who terminated pregnancies in the current study was found to be 11.6% and this was high in 2018 at 10.5% followed by 2019, 2015 and 2016 at 10.3%, 9.2% and 9.1% respectively. The prevalence of HIV amongst women who terminated pregnancies increased with increasing level of education from 4.1% amongst women who had primary or no educational level the followed by 9,0% and 13.6% in women who had secondary and tertiary educational level respectively. The risk of women who terminate pregnancies being HIV positive in the current study increased significantly with increasing age as older women were 1.9 times more likely to be HIV positive as compared to younger ones (p=0.004) Conclusion: The findings of this study highlight the need to address the structural socio-economic drivers of the HIV epidemic among women of child-bearing age. Women of child-bearing age in this setting have large unmet reproductive health needs. Structural interventions, such as increasing contraceptive use which may be useful for reducing the burden of unplanned pregnancies. Key concepts Human immunodeficiency virus, Acquired immunodeficiency syndrome, Termination of pregnancy, Parity and Gravidity.