The purpose of this study was to determine the contribution of nursing auxiliaries towards health care services against their scope of practice. Nursing auxiliaries practising within the Elim, Letaba, Malamulele, Nkhensani, Shiluvana and Tintswalo hospitals in the Gazankulu Health Administration, in the Northern Transvaal Province, constituted the target population. The findings revealed that nursing auxiliaries are not functioning strictly according to their scope of practice. They are an essential component of nursing services in Gazankulu by rendering a major contribution towards health care services in fulfilling their scope of practice-role. Apart from their prescribed practice-role, they are also engaged in activities that should be performed by enrolled and professional nurses as well as doctors and general assistants. There appears to be a need for education for all categories of nursing staff regarding the scope of practice of nursing auxiliaries for improving the effective utilisation of this category of nursing personnel / M.A. (Nursing Science) / Health Studies

Este trabalho propõe-se a estudar, mediante abordagem teórica e prática, o regime jurídico das debêntures, tendo em vista as recentes alterações introduzidas pela Lei nº 12.431, de 24 de junho de 2011, que promoveu mudanças significativas em sua disciplina, bem como examinar os problemas e questões atuais das debêntures em um contexto evolutivo da doutrina e dos casos práticos que lhe são submetidos à análise, tendo em vista o uso cada vez mais frequente desse mecanismo de financiamento das sociedades. Busca-se, também, examinar o funcionamento do mercado de debêntures e as novas propostas para incentivar a circulação dos títulos de dívida. Dentre as questões mais controvertidas a serem estudadas neste trabalho, destacam-se as seguintes: (i) evolução da natureza jurídica do instituto, em que as debêntures são vistas como títulos de dívida pertencentes à categoria dos valores mobiliários; (ii) criação do novo mercado de debêntures, como avanço à proposta do Novo Mercado de Renda Fixa; (iii) possibilidade de emissão de debêntures por sociedades limitadas e cooperativas, em razão da ausência de vedação legal e da existência de normas que lhe dão suporte jurídico; (iv) realização de negócios jurídicos com debêntures que vão além da sua função econômica de financiamento da empresa; (v) existência da organização dos debenturistas, em complemento à ideia de comunhão de interesses, tendo em vista o seu caráter orgânico; e, por fim, (vi) se os deveres fiduciários dos administradores se voltariam também aos interesses dos debenturistas, como credores especiais da sociedade emitente. / This work aims to study, through a theoretical and practical approach, the legal system of debentures in view of the recent changes introduced by Law No. 1431, of June 24, 2011, affecting significantly their discipline, and also to examine their current problems and issues within the evolutionary context of the doctrine and the case studies that are submitted to analysis, since the use of this financing mechanism by companies has been increasingly frequent. It also seeks to examine the functioning of the debenture market and the new proposals to stimulate the circulation of debt bonds. Amongst the most controversial issues to be studied in this work, the following are highlighted: (i) the evolution of the legal nature of this institute, in which debentures are seen as debt notes pertaining to the category of securities; (ii) the creation of a new debenture market as an advancement to the proposal of the New Fixed Income Market; (iii) the possibility of limited partnerships and cooperatives issuing debentures in view of the absence of a legal prohibition and the existence of norms that give legal support to it; (iv) the consummation of legal transactions with debentures that go beyond their economic function of business financing; (v) the existence of a debenture holder organization as a complement to the idea of pooling of interests, in view of its organic character; and, finally, (vi) whether the fiduciary duties of the administrators would also accommodate the interests of the debenture holders, while in their position of special creditors to the issuing business.

in English The thesis deals with the liability of the members of statutory authority of a joint-stock company in antecedent legislation and in present legislation. These legislation are compared and their differences are described. Duties of a member of statutory authority (foremost duty of care), whose violation led to commencement of obligation to compensation for damage, are characterized. Specifically the thesis deals with their obligation to pay damages and their liability for damage. These relations are analyzed not only to company itself, but also in relationship to the shareholders and third persons. Thesis contains also research of claiming damages and business judgment rule.

L’étude de l’évolution des méthodes du juge administratif français doit être rattachée aux nouvelles priorités choisies par lui dans l’exercice de sa fonction. « Dire le droit et trancher les litiges » reste bien la principale mission du juge administratif. Certaines des composantes de son office ont néanmoins pris une importance renouvelée dans le cadre d’une politique de renforcement de sa légitimité. La juridiction administrative tient en effet de plus en plus compte de la personne du justiciable et a placé le renouveau de son office sous le signe de la protection des droits fondamentaux, terrain d’élection du dialogue des juges. Ces tendances fortes ont motivé et alimenté une profonde rénovation de ses techniques et méthodes de jugement. Le juge administratif français est aujourd’hui pleinement adapté au temps de l’action administrative et à ses enjeux. Qu’il s’agisse des opérations de contrôle de légalité ou de leur issue, l’efficacité de ses interventions est manifeste. En pleine possession de ses pouvoirs, le juge administratif français apporte une réponse adéquate à la demande de justice contemporaine et a une nouvelle fois relevé le défi du renouvellement. / The study of the evolution of the methods used by the French administrative judge is necessarily connected to the new priorities that were chosen regarding the carrying out of his functions. « Pass judgment and resolve disputes » remains the foremost mission of the administrative judge. Some of the aspects of his powers and duties have nevertheless grown in importance as part of a policy of strengthening his legitimacy.. Indeed , administrative courts increasingly take into account the persons subject to trial and they have focused the revitalization of the jurisdiction on the protection of fundamental rights, a favoured field for the dialogue of judges. Those strong orientations led to a deep reform of their techniques and methods of judgment. The French administrative judge is now fully in accordance with the requirements of administrative actions and the issues at stake. Whether it concerns reviews of legality or their outcome, those interventions are obviously efficient. Thanks to the powers he now detains, the French administrative judge brings an adequate response to the needs of modern justice and has once again taken up the tough challenge of self-reforming his functions.

L’effet horizontal implique l’application de la Convention EDH dans les relations interindividuelles. Justifiée par la théorie des obligations positives, cette construction jurisprudentielle permet la mise en jeu de la responsabilité internationale de l’État lorsque celui-ci ne prend pas les mesures nécessaires pour prévenir et réprimer les violations de la Convention commises par les personnes privées. La reconnaissance de l’effet horizontal par le juge européen a pour conséquence la prolifération des obligations substantielles et procédurales de l’État. La transposition de celles-ci dans l’ordre juridique interne astreint les autorités publiques, y compris les tribunaux, à intervenir dans les rapports privés. Nécessaire à l’effectivité des droits de l’homme, la diffusion de l’effet horizontal a pour contrepartie l’accroissement de l’intervention étatique dans la sphère privée et l’apparition des devoirs individuels fondés sur le respect des droits et libertés d’autrui. La Cour EDH, pionnière de l’ « horizontalisation », refuse d’en élaborer une théorie générale. Le défi est dès lors de délimiter l’extension des droits de l’homme aux relations interindividuelles afin que celle-ci ne devienne pas un facteur d’affaiblissement de la protection verticale des droits de l’homme. / The horizontal effect involves the application of the ECHR in interindividual relationships. Justified by the theory of positive obligations, this jurisprudential construction allows to establish the international responsibility of the State when it fails to take necessary measures to prevent and suppress violations of the Convention committed by private persons. Recognition of the horizontal effect by the European judge results in the proliferation of substantive and procedural obligations of the State. Transposing them into domestic law compels public authorities, including courts, to interfere in private relations. Necessary for the effectiveness of human rights, the diffusion of the horizontal effect generates, in return, an extension of State intervention in the private sphere and the emergence of individual duties based on the respect of the rights and freedoms of others. The European Court of Human Rights, pioneer of the « horizontalization », refuses to develop a general theory. The challenge is therefore to delimit the extension of human rights to relations between individuals so that it does not become a factor of weakening of the vertical protection of human rights.

Dissertation thesis discusses the consumption of cocoa, coffee, tea and chocolate in the interwar period in the Czechoslovakia. On the basis of statistical data and examination of archival sources comes with the definition of the middle classes of the population, which those commodities consumed. The thesis shows the distribution of consumption of commodities based on the survey in blue-collar and white-collar families. Furthermore provides insight into the lives of families, distribution of their spending and the size of income. It refers to the representation of cocoa, coffee, tea and chocolate in the consumer basket and shows the elasticity of the mentioned commodities. For the central part of the research of the dissertation thesis chose the Czech territory only, because here were without difficulty accessible data sources. The Dissertation thesis clarifies the causes of consuming cocoa, coffee, tea and chocolate and concludes that each was consumed from another purpose, which resulted status of these commodities. Tea consumption has been designed especially for the higher classes of the population, chocolate bought mostly white-collar family, but over twenties speared consumption of chocolate products also among the middle and lower classes into the population. The chocolate products were subject to early 20s of the luxury tax. Cocoa was used in connection with cooking and baking, but families didnt use this product frequently. Coffee drank all layers of the population, but consumption was based on the social status of the consumer. Very frequently families consume rye coffee and chicory coffee. Dissertation thesis also highlights the regional differences between the classes, which were further intensified. Thesis examines in detail the amount of the duties of the commodity, which in the interwar period varied widely, and concludes that the duty to disproportionately increase the price of products and made it impossible for consumers to buy more of cocoa, coffee, tea and chocolate.

This master dissertation is dedicated to the main characteristics and to the process of establishment of Private Limited Company in the Czech Republic and Germany and to the comparison of these two national legal forms. The goal of this work is to compare Czech and German Ltd. in a very clear way, so the reader can understand what the differences of this type of company in the national legal forms mentioned above are and what have on the contrary in common. The work deals also with the Czech and German Ltd. in separated chapters in order to be the comparison for the reader comprehensible. In the end of the master dissertation is expressed the author's opinion, which national legal form of this type of company is better and in what way.

Since their creation in Europe in the seventeenth century, pension funds have grown to become one of the main sources of capital in the world. A number of role players ultimately manage the pension money of members on their behalf. Accordingly, the focus of this study is on the role players involved in the actual investment of pension fund money. For the purposes of the study, the key role players in the pension fund investment chain are identified as pension fund trustees, asset managers and asset consultants. These role players have a specific responsibility in terms of the service that they ought to provide. One of the key aspects of this dissertation is therefore determining whether their responsibility is a fiduciary responsibility. The main purpose of the study is, however, to answer one overarching research question: Does fiduciary responsibility create barriers to the implementation of responsible investment in the South African pension fund investment chain? Clearly, there are two key terms in this research question, fiduciary responsibility and responsible investment. It is suggested that responsible investment takes at least two forms: a “business case” form1 in which environmental, social and governance (ESG) issues are considered only in so far as they are financially material; and a social form in which ESG issues are considered over maximising risk adjusted financial returns. Three key questions were asked in order to find qualitative descriptions and interpretations of fiduciary responsibility: Question 1: Are the key role players in the pension fund investment chain fiduciaries? Question 2: If so, to whom do the key role players owe their fiduciary duty? Question 3: What are the fiduciary duties of the key role players in the pension fund investment chain? It is also suggested that the duty to act in the best interests of beneficiaries could be described as the all-encompassing fiduciary duty. Two main interpretations of the / Private Law / LL.M.

This research looks at the need and enforceability of legal warranties that companies include in contracts and/or public displays/notices to limit the company’s liability exposure to third parties. It also discusses the liability incurred by a company and that of its directors in their personal capacities (if any) should the legal warranty implemented be found to be unenforceable. The liability that may be incurred by the company and/or its director/s is dependent on whether the legal warranty which it implemented is enforceable or not and therefore it is important to establish what would constitute an enforceable legal warranty. In order to determine what is likely to constitute an enforceable legal warranty the study looks back at what has previously been deemed to constitute an unenforceable legal warranty. This is done by analysing the common law principles of contract, being the freedom to contract and the sanctity of contract, and its development in accordance with our constitutional dispensation through case law precedents. The provisions of the Consumer Protection Act 68 of 2008 that apply to legal warranties are also analysed in order to determine the anticipated outcome of future case law where the Consumer Protection Act 68 of 2008 may be applicable to a dispute involving legal warranties. Once what constitutes an unenforceable legal warranty is established, the study will discuss the legal position of a third party, and that of the company, where a third party has suffered damages as a result of the company’s acts or omissions and the company is unable to raise a legal warranty as a defence against such liability, as the legal warranty is found to be unenforceable. Thereafter the study will discuss the measures available to the company where the company is found liable to the third party for the aforementioned damages and the company wishes to mitigate its losses in this regard. Such measures shall include director insurance as well as the recovery of such liability against a director, in the director’s personal capacity, where the company either does not have director insurance or is unable to enforce the director insurance due to the actions of a director. In order to determine the director’s accountability to the company in this regard an assessment is made of the duties imposed on a director in terms of the common law and Companies Act 71 of 2008 to establish whether such duties are wide enough to include a duty on the director to ensure legal warranties he/she plays a part in implementing are enforceable. / Mercantile Law / LL. M. (Corporate Law)

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