Power of attorney and its significance in civil law First, in my thesis I generally dealt with the representations, I outlined the historical development, I mentioned very briefly adjustment of the legal representation and then I examined the conditions a person must meet in order to become a representative. The emphasis was put mainly on the distinction of the various terms associated with the institution of representation by power of attorney, as a unilateral act of the principal. Although the main part of the thesis was focused on adjustment in the Civil Code, I also mentioned provisions of the Commercial Code and a separate chapter is devoted to modify the representation by power of attorney in the Civil Procedure Code. The importance of representation by power of attorney is very significant, so I explored this part in a separate chapter. As this institute is used in practice almost every day, I focused on individual persons authorized to represent and on their most important rights and obligations. The aim of the chapter on certain types of contracts was only to point out some differences between them, not to provide their detailed analysis. An interesting and inspiring chapter then focuses on the comparison of Czech legislation with the legislation of Australia. In the last chapter I tried...

Thesis (doctoral)--Universität Köln.

REPRESENTATION The thesis is focused on the institute of representation in general. It provides an explanation of basic attributes of representation and it's resolution methods. Given the scope of the thesis it was not possible to cover discourse about all forms of representation and therefore it is mainly focused on direct representation in substantive law. The work is based on current regulation contained in Law No. 89/2012 Coll., The Civil Code and it highlights the most significant changes which has occurred since the date of effectiveness of this Code in regulation of representation. It also refers to consequences of these changes and contentious issues which arise with the application of individual provisions. This work deals with contractual and statutory representation including representation of an entrepreneur and representation of legal entities, briefly describes representation in family law. There is also an elaborated issue of guardianship that has been affected by significant changes. It refers to guardian council and guardianship of legal entities that are newly adjusted in Czech legal order. There is also included characterization of preliminary declaration, supported decision making, representation by the member of the household.

Representation: This thesis on the topic of representation is focused generally on behalf of the Institute. It mainly deals with the rules contained in Civil Code, Act no. 89/2012 Coll. It desribes basic concepts and methods of resolution representation. Its interpretation focuses on the diferences between any forms of representation. In that case, it is not possible to write up the entire institution of the representation, which was one of the largest in the law. This work is therefore focused on the substantive representation, and especially on the conditions for the creation and termination of contractual representation and on guardianship and especially guardianship of individuals. The thesis contains also an outline of the historical development of the Institute's presence in our law, but again, considering the vastness of representation, it is not an exhaustive analysis, but merely mentioning the most significant sources. An element of this thesis is also an overview of the procedural representation in civil court proceedings. Adoption of the Civil Code Act no. 89/2012 Coll. had to institute represented a significant impact when to applicable law brought many new important sub-institutes, and greater clarity.

Representation The thesis on the representation is aimed generally on the institute of representation, basic concepts and resolution methods of representation. Given the scope of the thesis is not possible to cover discourse about all forms of representation and therefore is focused on substantive representation, whether contractual, statutory representation and other specific forms, especially human guardianship and guardianship of legal entities or representation of legal entities. In the thesis are included as information on the historical development of the Institute's the representation, especially since the general Civil Code and therefore early 19th century and comparison of current legislation contained in the Civil Code of 1964 and the new Civil Code, effective from 1 January 2014. Raised the major changes that will occur in the near future in the regulation of the representation, as well as outline the basic problems that this adjustment could bring in the practice of law. Is also pointed out to adjust representation in European law, konrkétně the Principles of European Contract Law and the Draft Common Frame of Reference.

1 Abstract Representation This thesis concerns the institute of the representation in effective legislation of civil law particularly in the Act no. 89/2012 Coll., Civil Code. This institute is very important for each person, no matter it's age or profession, because everybody in his live needs to use the representation. Not only have I focused in my thesis on the part of the Civil Code which is called representation, but also on the other parts that contain representation as well. My thesis is divided into nine chapters, in which I am dealing with representation based on the decision of the court as well as the contract or the law. At the beginning my thesis describes historical basis of representation and also short glimpse to the previous legislation. The next chapter deals with chosen types of the representation that are not regulated in the chapter III of the Civil Code, but I also consider them as really important and very useful in practice. The most of the thesis is focused on the part of the Civil Code that is named the representation. Firstly general provisions are described where I specially focus on the power of attorney, its form and necessary provisions. In the representation based on contract belongs also procuration, where I included its origin, its extent, form and termination. The thesis...

This dissertation examines three topics in law and finance. In Chapter 1, I show that consumers are more likely to keep a repayment promise they make themselves. When a scheduling conflict prevents a borrower from attending a mortgage closing, a Power of Attorney (POA) empowers a third party to sign the documents promising that the borrower will repay the loan. POAs arise after loan terms are locked in, making POA and non-POA loans virtually indistinguishable. Comparing within-borrower and within-property, I link POAs to greater delinquency and foreclosure. Loan performance data show that POAs are uncorrelated with cash flow shocks but reflect reduced promise-keeping conditional on financial distress. Consistent with prior work on salience and personal responsibility, promise-keeping is higher for loans serviced by the originating lender. Financial intermediation may play an important role in consumer lending. In Chapter 2, using a unique episode in which the SEC distributed securities disclosures to some investors before the public, we study the impounding of private information into stock prices. Because the delay between the private and public release of the information was random, our setting offers a rare natural experiment for studying how markets process private information. As theory predicts, speculators seem to smooth out the price impact of their trading, and more information is impounded into prices during the expected rather than the actual delay before the information becomes public. Finally, we document investor overreaction when already-stale filings are publicly released. Finally, in Chapter 3, we use quantitative data to show a systematic relationship between the appointment of a hedge fund nominated director to a certain corporation and an increase in informed trading in that corporation’s stock (with the relationship being most pronounced when the fund’s slate of directors includes a hedge fund employee). From a governance perspective, activist hedge funds represent a new and potent force in corporate governance. This is the first attempt to investigate whether the activist hedge fund also imposes new agency costs through widened bid/ask spreads and informed trading. We assembled a data set of 475 settlement agreements, between target companies and activist funds relating to the appointment of fund nominated directors, from 2000 and 2015, in order to focus on what happens once such a fund-nominated director goes on the board.

Univ., Diss.--Hamburg, 2003. / Literaturverz. S. 299 - 319.

This study examined the relationship between demographics, attitudes, and subjective norms (influences) on Virginia adults over 50 with at least one adult child and the presence of estate planning documents. The Theory of Reasoned Action (Azjen & Fishbein, 1980) was applied using a secondary data set of 189 participants. Regression analyses examined paths from external variables (demographics), attitudes toward the behavior, and subjective norms to the intention and behavior. Intention and behavior were defined as the possession, intention to possess, and non-intention to possess estate planning documents. Asset-focused documents included Will, Living Trust, Durable Power of Attorney for Financial Issues, and the Letter of Instruction. Health care-focused documents included Living Will and the Durable Power of Attorney for Health Care. An analysis was also conducted on the possession of a complete set of estate planning documents. Older persons were more likely to possess all documents except the Letter of Instruction. Respondents with higher assets were more likely to possess a Will. Respondents who were more educated were more inclined to possess a Living Will. Respondents that had informally promised property to their children were more likely to possess a Living Trust. Younger respondents were more likely to intend to possess a Will, the Durable Power of Attorney for Health Care, and the Living Will. Persons with lower assets were more likely to intend to possess a Will, and those with a goal for privacy in financial affairs and who believed they should help their adult children financially were more likely to intend to possess a Living Trust. Participants who intended to possess a Letter of Instruction were more educated, male, owned homes, and had a goal for privacy in financial affairs. Age (younger) was an indirect influence to the Letter of Instruction, mediated through the goal to leave family financial security. Participants with lower assets and in good emotional health did not have intention to possess a Living Trust. Male gender and owning a home were influences on not intending to possess a Durable Power of Attorney for Financial Issues. Males were less likely to have a Letter of Instruction. Respondents with the goal to leave an inheritance were more likely to have non-intention to possess the Durable Power of Attorney for Health Care and Durable Power of Attorney for Financial Issues. More education, lower income, and residing with a relative were mediated influences to the Durable Powers of Attorney for Health Care and for Financial Issues through the goal to leave inheritance. Respondents that were older, had more assets, owned homes, had a goal to leave an inheritance, and that had informally promised their property were more likely to possess more estate documents. Indirect paths to having a set of estate planning documents were more education, lower income, and residing with a relative, which were mediated through the goal to leave inheritance. The low number of estate planning documents respondents had and the lack of intention to obtain estate planning documents indicate a need for further education in the areas of estate planning. The occurrence of older age as an influence, particularly with health care-focused documents, indicates a need for more awareness in younger adults of their vulnerability, at any age, to illness or injury and that medical directives should be in place. / Ph. D.

The Master's degrese thesis analyse the institute representation in the civil materiál law. It characterises representation globally and tries to digestedly make general scheme which is made on the basis of the legal regulations and second bibliography. The representation in the civil material law could be resolve into the different subsets according to the various conditions. On of the possible ways of the dividing is direct and indirect representation. Indirect representation could be defined as acting of the representant in his own name on behalf of the represented person. Direct representation is acting of the representant in the name of the reperesented person and on its behalf. The rights and the duties come up directly for the represented person. The representation in the civil material law is divided into the contracting representation and the legal representation. The legal representation originated directly in the law or on the basis of the decision of the state power body. The example of the representation which results from the law is the representation of the underages because they do not have full legal status. The legal representation which is result of the decision of the state power body is called also tutelage. The tutelage is possible for he underage persons but also for the...