Provisional Measures in Adversarial Civil Procedure Abstract This diploma thesis is concerned with Provisional Measures in Adversarial Civil Procedure, i.e. with the legal regulation of the Provisional Measures imposed in proceedings pursuant to Act No. 99/1963 Coll., The Civil Procedure Code, as amended (hereinafter the "Civil Procedure Code"). The Provisional Measures are a procedural institute designed to deal with situations where there is an urgent need to temporarily adjust the legal relationships of the participants or to ensure the enforcement of decisions. However, imposing a Provisional Measure does not constitute a definitive solution, since the duration of a Provisional Measure is always limited by time and a successful petitioner will usually initiate a procedure regarding the merits of the case, which will then resolve the case definitively. However, the outcome of a Provisional Procedure does not fundamentally affect the following meritorious judicial decision. Since the subject of Provisional Measures in civil procedure has been processed many times by students of various law faculties, this thesis also focuses on two sub-institutes of Provisional Measures in Adversarial Procedure, which are damages and compensation for other harm caused by Provisional Measures and security deposited for the...

6 Preliminary ruling in civil proceedings Abstract This thesis presents preliminary ruling as one of the secure institutions of the Czech civil procedural law, which become in case if there is a need of the settlement of legal relations on a temporary basis or ensure realization of an execution of judgement. This secure institution is temporary, which sorts out rights and obligations of the parties of the action until decision on merits. Thesis is divided into four chapters. In the first chapter author is dealing with concept of preliminary ruling, as well as types and purpose of preliminary ruling. In this chapter author pursue historical development of preliminary ruling before 1st of January 2014 and also after this date, when significant amendment was approved, which divided legislation of preliminary ruling. Second chapter is concentrated on preliminary ruling in Czech civil procedural law. This chapter author consider as crucial, because its include general preliminary ruling. This general legislation of preliminary ruling is also used on special preliminary ruling, when Special court proceedings act contains subsidiarity of civil procedure code. This chapter also includes court proceedings while deciding about preliminary ruling, jurisdiction of the court, duty obligation, assurance, contents of the...

A presente dissertação tem como objetivo a análise da responsabilidade civil pré-contratual no âmbito do Direito do Trabalho. Para tanto, inicialmente buscamos a conceituação dos institutos necessários para a construção do conteúdo estudado. Após, trouxemos os conceitos e princípios que norteiam os contratos civis para as relações de trabalho. Ainda que o Direito do Trabalho seja norteado por princípios específicos, os princípios de Direito Civil foram utilizados e transpostos de forma mitigada para o Direito Laboral. Tratamos de realizar a diferenciação entre o pré-contrato e as negociações preliminares, uma vez que esse estudo é fundamental para que se identifique o momento em que o pré-contrato de trabalho tem início, a fim de se estabelecerem parâmetros e limites para a apuração de responsabilidade civil. Sedimentados os conceitos basilares sobre pré-contrato e responsabilidade civil, tratamos dos efeitos desta última no momento em que se celebra o pré-contrato de trabalho. Importante, também, a análise das situações que permeiam a celebração do pré-contrato do trabalho, tais quais as entrevistas e testes seletivos, anúncios de emprego e suas consequências para a formação do contrato de trabalho. Analisamos a responsabilidade civil que pode ser atribuída não só ao contratante, de forma direta, mas, também, aos terceiros que participam da relação jurídica pré-contratual. Após a análise das situações que ensejam a reparação civil, estudamos as modalidades de responsabilidade civil. Ao final, concluímos que, para fins de apuração de responsabilidade civil pré-contratual, é necessário delimitar o momento da ocorrência do dano e o agente causador, a fim de que se repare o dano causado. / This dissertation aims at analyzing the pre-contractual civil liability under the Labor Law. For this purpose, we initially seek to conceptualize the necessary institutions for the construction of the studied content. Then, we transported the concepts and principles that guide civil contracts to labor relations. Even though Labor Law is guided by specific principles, the principles of Civil Law were used and transposed in moderate terms into Labor Law. We tried to make the differentiation between pre-contract and preliminary negotiations, since this study is crucial to identify the moment when the employment pre-contract begins in order to establish parameters and limits for the determination of civil liability. After establishing the stone concepts of pre-contract and liability, we dealt with the effects of the latter at the moment when a labor pre-contract is executed. It is also important to analyze the situations that permeate the execution of the labor pre-contract, such as interviews and selective tests, job advertisements and their consequences for the formation of the employment contract. We analyzed the civil liability that can be directly attributed not only to the contracting party, but also to third parties that take part in the pre-contractual legal relationship. After analyzing the situations that cause civil remedy claims, we studied the modalities of civil liability. At the end, we conclude that, for purposes of determining pre-contractual civil liability, it is necessary to delimit the moment when the damage occurs and the agent who caused it in order to repair that damage.

This study is a case study on promotion of ¡§2009 Green Bamboo Shoots Festival in Haifeng¡¨ hosted by Pingtung City Office. The main emphasis is to explore what resources, marketing strategies, limitations & difficulties as well as the effect that Pingtung City Office, a preliminary administrative agency, experienced when it promoted local products. By means of documentary analysis, questionnaires, and interviews, this study analyzed data and makes suggestion as well as conclusion as follows: Conclusion: (1) This festival was hosted by administrative agency. It was a bureaucratic top -bottom decision-making model which is conducted by governmental budget arrangement and the official authority involvement. Furthermore, related manufacturers, civil representatives, Lee chiefs, bamboo farmers all participated in this event. As a result, the resources were integrated leading to powerful mobility and promotion which was beneficial to activities and product promotion. (2) Five indicators include reputation (exposure to medium), civil participation and satisfaction, sale volume, sale channel and cultural creativity event. According to the survey, the level of civil participation and satisfaction is fairly high, and the level of exposure to medium, sale volume, and sale channel is increasing, yet no indication of cultural creativity events concerning locals. (3) Pingtung City Office, the host for ¡§Green Bamboo Shoots Festival in Haifeng¡¨, shall invite more community development associations, local institutes & organizations so that a sense of union can foster with a view to more participation of locals for local affairs. Findings¡G (1)Most people knew this event through traditional flyers and banners¡Fthe next medium were TV and paper. Therefore, flyers and banners led to the best advertisement which effectively attracted senior locals. (2)Nearly 90% of participants indicate their satisfaction, but the majority of participants are the senior homemakers in the neighborhood. The tourism benefit and promotion effect are limited. (3)Produce promotion classes fail to integrate farmers, green bamboo shoot production & promotion as well planting and skill management due to cause of personnel and benefit. Consequently, it influences popularity of improving produce technique and future promotion. Suggestions: (1) Civil participation is essential for any official promotion events. According to this case study, it is important to strengthen active civil participation in order to lift promotion effect. (2) Produce promotion classes is one of factors affecting produce promotion. For this case, the integration of farmers, green bamboo shoot production & promotion as well planting and skill management fail to function well as a result of conflict between personnel and benefit. Such situation affects produce promotion and the preliminary administrative agency is obligated to help them. (3) Based on the questionnaire results, the most effective medium are flyers and banners followed by TV and paper which are related to senior locals. It is suggested that future promotion shall focus on national medium and attract more outsiders to visit Pingtung and Haifeng.

Abstract A system with the combination of upflow anaerobic sludge blanket (UASB) reactor and constructed wetlands (CWLs) has not yet been applied for cleaning river water polluted by sewage and swine wastewaters. In this study, a pilot system with an UASB reactor (effective working volume 4.0 m3) combined with two CWL reactors (effective working volumes 4.8 and 5.4 m3 for CWL-1 and CWL-2, respectively) was used to test the feasibility for treating wastewater sampled from the Wu-Luo River. The river is located in Ping-Tong County of southern Taiwan and has long been polluted by untreated domestic and partially treated swine wastewaters and is among the most polluted rivers in Taiwan. A control system without the UASB reactor and with the CWL-1 and CWL-2 was also tested in parallel to the test system. In the test system, the UASB reactor was seeded with an anaerobic sludge for sewage treatment and CWL-1 and CWL-2 of both the test and control systems were planted with emergent macrophyte (Typha angustifolia L.) and floating macrophyte (Pistia stratiotes L.), respectively. In general, it requires hydraulic retention times (HRT) of 1-5 days for polluted waters in CWLs to obtain clarified ones. In the present study, HRT of the test water in the system was reduced from around 34 to 11 hours to examine the clarification effect. Results indicated that the influent water has the following average qualities (unit in mg/L): total COD (CODt) 61, BOD 14, suspended solids (SS) 156, total-N 24, ammonia-N 12, nitrate-N 3.9, nitrite-N 0.92, and total-P (TP) 41. Results also indicate with a total HRT of 11.3 hrs, the test system (UASB-CWL1-CML2) could achieve average removals of 62% CODt, 56% BOD, 75% SS, 37% TN, 44% ammonia-N, 54% nitrate-N, 47% nitrite-N, and 61% TP from the influent water. The effluent water has the following average qualities (unit in mg/L):CODt 19, BOD 6.1, SS 15, TN 15, ammonia-N 7.5, nitrate-N 1.8, nitrite-N 0.49, and TP 1.7. The study indicates that the UASB could act as a preliminary device for sedimentation of most of the influent suspended solids and hence preventing the accumulation of sludge in the following CWLs.

Intensyvėjant ekonominiams santykiams preliminariosios sutarties institutas kelia vis didesnį teorinį susidomėjimą, vis dažniau yra taikomas civilinės apyvartos dalyvių civiliniuose teisiniuose santykiuose, o jų turinys dažnai tampa vis sudėtingesnis. Neretai civilinių santykių subjektai, siekdami suderinti daugiaplanius interesus, atlieka daugybę veiksmų, kuriuos bendrąja prasme galima vadinti ikisutartiniais santykiais. Pripažintina, jog tam tikrais atvejais ikisutartinių santykių bei teisiškai neįpareigojančių dokumentų atskyrimas nuo sutartinių bei teisiškai įpareigojančių dokumentų yra sudėtingas. Preliminariosios sutarties pripažinimo pagrindine klausimas aktualus tuo, kad šio instituto teisinis reguliavimas nėra iki šiol tiksliai apibrėžtas, reglamentavimas kontraversiškas. Dažnai civilinių santykių subjektai, sudarydami preliminariąsias sutartis, jaučiasi nesaugiai. Neretai abejojama, nuo kada ikisutartiniai santykiai bei pasirašyti dokumentai tampa teisiškai įpareigojančiais bei varžančiais šalies sutartinę laisvę, ar apskritai gali tokiais tapti. / Considering the importance of pre-contractual civil juridical relationship between participants of civil circulation, as well as contradictory interpretations of Lithuanian courts concerning preliminary agreements and pre-contractual liability, the primary goal of this work is to determine, whether the confirmation of preliminary agreement as a principal contract contradicts the principle of freedom of contract. Moreover, the right to demand specific performance resulting from a breach of preliminary contract as an essential part of confirmation of preliminary agreement being a principal contract shall be clearly discussed.

The presented master's thesis on the "Preliminary measures in civil proceedings" deals with the institute of preliminary measure in the civil procedure as a measure, which provisionally ensures the rights of natural or legal persons. The preliminary measure is used in such situations, where there cannot be awaited until the final decision in the case is issued, with regard to the threats to individual rights or with respect to the concern, that the enforcement of the court decision is threatened. The aim of this thesis is to provide the reader with the complex overview of the information about the preliminary measure, both about the so called general preliminary measure governed by the Act No. 99/1963 Coll., Code of Civil Procedure and about the so called special preliminary measures governed by the Act No. 292/2013 Coll., on Special Court Proceedings. The master's thesis is structured into five chapters. The first chapter refers to the historical development of the preliminary measure in our territory and provides general information about this institute and its purpose. The second part is focused on the general preliminary measure's issues. In this chapter, the author describes the procedure on proposal on order of this type of preliminary measure, the duration of preliminary measure and the...

A new simplified skyscraper analysis model (SSAM) was developed and implemented in a spreadsheet to be used for preliminary skyscraper design and teaching purposes. The SSAM predicts linear and nonlinear response to gravity, wind, and seismic loading of "modern" skyscrapers which involve a core, megacolumns, outrigger trusses, belt trusses, and diagonals. The SSAM may be classified as a discrete method that constructs a reduced system stiffness matrix involving selected degrees of freedom (DOF's). The steps in the SSAM consist of: 1) determination of megacolumn areas, 2) construction of stiffness matrix, 3) calculation of lateral forces and displacements, and 4) calculation of stresses. Seven configurations of a generic skyscraper were used to compare the accuracy of the SSAM against a space frame finite element model. The SSAM was able to predict the existence of points of contraflexure in the deflected shape which are known to exist in modern skyscrapers. The accuracy of the SSAM was found to be very good for displacements (translations and rotations), and reasonably good for stress in configurations that exclude diagonals. The speed of execution, data preparation, data extraction, and optimization were found to be much faster with the SSAM than with general space frame finite element programs.

<p> An analysis of reported and theoretical methods of precipitating calcium carbonate from aqueous solution is presented, with emphasis on methods that generate the anion in the presence of Ca(++) ion.</p> <p> A new CaCO3 precipitation method referred to as precipitation from quasi-homogeneous solution and suitable for digital processor control is developed. This technique is then used to investigate the effects of ionic strength and Mg(++) ion on calcium carbonate nucleation.</p> <p> A minicomputer based interactive information system, capable of automatic data logging and processing of experimental results in studies using processor controlled precipitation of CaCO3 from quasi-homogeneous solution, is implemented and tested.</p> / Thesis / Master of Science (MSc)

<p> In this paper, empirical tests of a dynamic urban growth model are discussed. It is assumed that population change in any urban region is a function of the population size of the urban centres in the system and of the distances between them. A set of linear equations is simultaneously estimated by a least squares procedure. The parameters of the model; the equilibrium population of each urban region, the rate of natural increase, and the propensity to migrate between urban regions, are calculated from the regression coefficients. By estimating a series of equations at different times, a set of parameter estimates are obtained. The parameter estimates fluctuate erratically. Recommendations for further research include the redefinition of the model, and of the urban system. </p> / Thesis / Master of Arts (MA)