L’analyse juridique du paiement de l’obligation monétaire ne va pas de soi en raison des diverses incertitudes qui entourent aujourd’hui les notions élémentaires dont procède ce type de paiement, à savoir l’obligation monétaire, la monnaie et le paiement en général. L’obligation monétaire s’apparente-t-elle à une forme d’obligation de faire ou de donner ? La monnaie, chose juridiquement consomptible, constitue-t-elle véritablement un objet de propriété et ce, quelle que soit sa forme concrète ? Le terme juridique paiement désigne-t-il en toute circonstance l’extinction de l’obligation par son exécution volontaire ? Autant d’interrogations théoriques à la croisée des chemins du droit civil et du droit commercial qui, dès lors, incitent à approfondir l’étude du paiement de l’obligation monétaire en droit privé interne. / The legal analysis of the payment of the monetary obligation is not obvious. This is due to the numerous uncertainties that remain as to the elementary notions on which this type of payment is based, namely the “monetary obligation”, “money” and “payment” in general. Is the monetary obligation a duty to perform or a duty to deliver? Money is a legally expendable object; but as such, is it really subject to appropriation, and so notwithstanding its actual form? Does the legal term “payment” necessarily refer to the extinction of a debt through its voluntary performance? These numerous theoretical interrogations, at the crossroads between civil law and commercial law, call for an in depth study of the payment of the monetary obligation under French private law.

Change of circumstances and its effect on a duration of an obligation In particular cases, an unexpected supervening event may substantially affect original equilibrium of a contract, or make the performance for one of the parties much more burdensome, so that it would be greatly unjust to hold the parties to their obligations. In such situations, when the performance of one of the parties has become much more onerous, a conflict may rise between the classical principles of contractual freedom, sanctity of the contract, certainty of the law and pacta sunt servanda, on the one hand, and principle of contractual fairness, equity and good faith on the other. Pacta sunt servanda, principle accepted by most of developed legal systems, determines that obligations which are validly concluded, must be fulfilled, parties are bound by their agreement. In case of change of circumstances, this may lead to situations, when it would be unjust to hold the debtor to the obligation. This makes the topic of the thesis very controversial and polemic. The topic of this thesis is a change of circumstances and its impact on an existing obligation. The aim of the thesis is to focus and describe relevant legal doctrines, institutes, and possible solutions of the problem. Another purpose is to analyze different legislations and...

Unjustified Enrichment in Business Law Abstract The aim of my thesis is to analyse the concept of unjustified enrichment in connection with the commercial law. In fact this topic is usually described in the civil law studies and at the same time the unjustified enrichment is minor topic compared to the obligations arising from the contracts. This is the reason why I have chosen this issue describe and focus on the business aspects. The thesis is composed of seven chapters. Chapter one as an introduction defines basic legislation acts, which I am dealing with throughout the thesis and roughly describes there are changes in connection with the extensive recodification of the Czech private law. Chapter two is subdivided into two parts. Part one focuses on the origin of the unjustified enrichment in Ancient Rome as the base for the civil law. Part two provides an outline of past legislation within the territory of the Czech Republic until its establishment. Chapter three concentrates on the legislation effective until 31 December 2013. It illustrates the approach to decision-making by the Supreme Court including the decision-making in connection with the limitation of rights according to Commercial Code. Chapter four analyses the changes after New Civil Code came into force in relation to commercial law. Here...

The final thesis is divided into seven chapters, which are divided into several sub-chapters. First chapter contains short introduction about the main focus of the thesis and the purpose of the work. Its aim is to test the hypothesis that the securing bill of exchange is a suitable tool to secure obligations and, if so, under what conditions. Despite the common opinion that advantages are on the creditors' side, reader will also see pitfalls that accompany its use. Second chapter explains the concept of bill of exchange from a broader perspective, including its evolution and development of current legislation. It also compares legislation of Czech Republic and European Union with a brief look into some differences of Anglo- American law of bills of exchange. There are also defined types of bills of exchange with their requirements described in this chapter. Third chapter deals with securing bill of exchange in detail. It explains its characteristics, content and scope. Subchapter 3.3 is devoted to the most commonly used type of securing bill of exchange-blank bill. There are also results of the survey of usage of bills of exchange with description. Reader will learn about advantages and disadvantages of securing bill of exchange. Fourth chapter is a brief explanation of the various aspects of agreement on...

Contractual penalty under the Commercial Code Summary The theme of this Master's degree thesis is Contractual penalty under the Commercial Code. Author chose this topic because contractual penalty is important and very often-used institute through which parties to the contract can secure their obligations. This instrument should guarantee that the debtor would perform his main (primary) commitment to the creditor. If not, he may be punished for a breach of the contract even if there won't arise any damage (loss) on the creditor's side. This fact represents considerable advantage over other similar institutes. The study is focused on issues of contractual penalty in commercial relations, specifically in a situation when both parties to the contract are businessmen and they entered into agreement in connection with their business. However the legislation of the instrument is relatively brief (articles 544 and 545 of the Act No. 40/1964 Coll., The Civil Code and articles 300 to 302 of the Act No. 513/1991 Coll., The Commercial Code, which includes a special regulation for business relations), many questions and uncertainties can be found. Many of them were resolved by adjudications but there are still problematic aspects. Author focuses on their solutions and tries to give response, which will be satisfactory...

The transfer of ownership of cooperative apartments The thesis deals with the issue of the transfer of property of cooperative apartments which is a topic frequently approached due to a large number of members of the cooperatives who still haven't settled their legal claims against the housing cooperatives. The housing cooperatives will keep their importance even with the new civil code being applicable. The purpose of the thesis is to analyze legal regulation concerning transfers of ownership of apartments from the housing cooperatives to their members, concentrating especially on the conditions, fulfilling of which establishes an obligation for the cooperative to conclude the contract with their members in order to transfer the ownership of cooperative units. The thesis also attempts to describe some changes brought into the legal system by the new civil code. The thesis is composed of four chapters which are further divided into subchapters. Chapter One is dedicated to the definition of the essential concepts used in the thesis. Considering the transfer of ownership, it is necessary to denominate the parties of the relationship which are the housing cooperative on one side and the member the housing cooperative, and the subject to the property right or claim - cooperative apartment. Chapter Two...

Master of Arts / Department of Modern Languages / Earl K. Brown / Considerable research exists on the various uses of modals of obligation in English, while the number of studies on Spanish modals is limited. The research of Fairclough (2000) looks at the variation and changes of the Spanish modals DEBER 'should' and TENER QUE ‘to have to’ spoken in Houston. Another study was conducted on modals and their variation in San Juan, Puerto Rico by Jose Santos (1994). However, most of the research does not include the verb NECESITAR 'to need'. This study examines and compares the uses of the modal verbs TENER QUE and NECESITAR. First, this paper presents previous research on modality, the changes and usage of modals in English, and the limited research on Spanish modals. Then the researcher examines the results of data collected using Twitter in order to determine for what main verbs TENER QUE and NECESITAR act as modal verbs, the frequency with which the Twitter users in the Spanishspeaking capitals in Central and South America use these verbs, and in what tense do these two modals occur most often. After discussing the results of the data collection, the study includes a brief discussion on the implications for teaching modals of obligation in Spanish to second language learners. This study finds overall that TENER QUE is preferred over NECESITAR. However, some verbs collocate with NECESITAR more than the average suggesting that patterns of collocations play a key role in determining the use of NECESITAR.

1 Abstract Although set-off represents one of the most frequent processes of the discharge of obligations unlike performance, the contemporary specialized literature deals with it only in its fragmentary exposures. However, there is no systematic elaboration of this process of the discharge of obligations. The regress of the attention paid to the discharge of obligations by set-off apparently persists from the time, when set-off as a process of the discharge of obligations, which was unfamiliar with the central directed political economy, receded into the background. Therefore the exordium deals with the essence of set-off first of all, further with its relationship to the discharge of obligations by performance as well as with the position of set- off in public law. The chapter treating of the essence of set-off aims to void of its understanding by the economic connotation of this process of the discharge of obligations and to get near to its law essence. It is possible to think of this essence both from the viewpoint of the debtor who waives an obligation and from the viewpoint of the creditor who gains a substitutionary satisfaction of his receivable without an acceptance of the other party of an obligation relationship and without the necessity to enforce this receivable by a court or other authority....

The current reform of audit was introduced in 2010, which would mean that small limited firms in Sweden have the right to choose if they want to conduct an audit. The purpose of this study is to examine the expectations of smaller limited companies in Sweden have on conducting an audit. By examining these expectations, the essay also studies the companies’ perceptions of the auditor’s role and what kind of tasks they perceive to be included in the auditor’s role. In accordance with the study’s empirical results, the smaller limited companies are satisfied with their auditor’s work. The auditor’s role is perceived mainly as positive and to include tasks that are related to the firms’ financial area. This study has also shown that smaller limited firms in Sweden do consider audit to be important, which is why they use an auditor even with regard to the current reform that exempts them from this obligation.

Orientador: José Carlos Garcia de Freitas / Banca: Euclides Celso Berardo / Banca: Maria Amália de Figueiredo Pereira Alvarenga / Resumo: Com efeito, os temas pertinentes ao Meio Ambiente são inesgotáveis e de impressionante atualidade, posto que o desequilíbrio ambiental acentua-se a cada dia que passa em um cenário complexo típico de uma sociedade tecnológica e científica em construção, ameaçando sobremaneira a qualidade de vida humana, senão a sua própria sobrevivência. Nesse modo de ver, a questão preliminar, ao abordar o tema proposto, refere-se à necessidade da sociedade global proteger juridicamente o Meio Ambiente em sua totalidade. Como conseqüência, constata-se que o campo de estudo do Direito Ambiental vem crescendo e se sofisticando com novos princípios e institutos, cedendo espaço para todos os elementos integrantes dos sistemas ecológicos, inclusive o humano. Aliás, possivelmente, a mais importante característica do Direito Ambiental é a de que seus princípios e normas possuem nítido caráter humanista do imperativo ético da dignidade da pessoa humana. A esse respeito, visando-se a promover um novo olhar sobre o Meio Ambiente é que caminha a presente dissertação de mestrado, ordenando reflexões dedutivas e históricas sobre o tema em sua inerente amplitude, integrando-se os conhecimentos da Ciência Ecológica, do Direito Ambiental e da Ética em torno de um conjunto de problemas e limitações humanas para que o maior bem estar possam vir a ser atingido por todos. De outra parte, torna-se igualmente importante à proteção do Meio Ambiente através do processo educativo. A Educação Ambiental deve ser promovida em todos os níveis de ensino, fato este disposto no artigo 225, parágrafo 1º, inciso VI da Constituição Federal, porquanto é necessário educar e conscientizar a coletividade quanto à efetiva gravidade da degradação ambiental mundial. Aliás, a oportunidade trazida pela Educação Ambiental e seu conseqüente...(Resumo completo, clicar acesso eletrônico abaixo) / Abstract: Indeed, issues related to the Environment are endless and incredibly up to date, regarding the fact that environmental imbalance gets bigger day after day in a complex scene which is typical of a technological and scientific society that is being formed, threatening the quality of human life, not to mention its own survival. From that viewpoint, the preliminary issue, when approaching the proposed topic, refers to global society’s need to juridically protect the Environment as a whole. As a consequence, it’s been noticed that the field of study of Environmental Law has been growing and becoming more and more sophisticated with new principles and institutes; making room for every component of ecological systems, including the human one. Possibly, Environmental Law’s most important characteristic is that its principles and rules have a sharp humanistic character of the ethic imperative of human dignity. With that respect, aiming at promoting a different look over the environment is the objective of this very master’s degree essay, with deductive and historic reflection on the theme in its inherent amplitude, integrating knowledge of Ecological Science, Environmental Law, and Ethics related to a group of human problems and limitations so that all people are able to achieve major well being. Besides, it’s equally important to protect the Environment through educational processes. Environmental Education must be implemented in each and every level of education, as stated on the Federal Constitution 225(1)(6), for it’s necessary to teach and make people fully aware of the effective seriousness of worlwide environmental degradation. By the way, the opportunity brought about by Environmental Education and its subsequent ethic awakening may indicate the beginning of a new era of cooperation among nations and peoples, looking forward to new inspirations that contact with Nature and with humanistic idea...(Complete abstract click access below) / Mestre