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Práva a povinnosti pacientů z pohledu nové právní úpravy / Patients´ rights and duties from the point of new legislation view.KRÁLOVÁ, Lucie January 2014 (has links)
The health care in the Czech Republic has recently undergone significant changes that have led to higher quality of care and greater patient satisfaction. But the truth is that despite the widespread availability and relatively high level of health care there still are some shortcomings, especially from the point of the use and implementation of the patients´ rights and duties. If a person finds himself in the role of the patient, it is obvious that he feels vulnerable and is worried about one of the most important values of his life, which health undoubtedly represents. Thus, if a patient puts his health into the doctor's hands, he should be sure that with him will be act on the basis of a relationship and not a paternalistic. Knowledge of rights and duties of patients is therefore particularly important in terms of strengthening the equivalent relationship between doctor and patient. As a result of consistent compliance with the various rights and duties are reduced risks that threaten during hospitalization and increased patient satisfaction with the care provided. At present, legislative regulation of patients´ rights and duties in the Czech Republic is based on the Constitution of the Czech Republic and the Charter of Fundamental Rights and Basic Freedoms, however one of the most important legal documents relating to the issue is the Convention on Human Rights and Biomedicine, which aims to safeguard human dignity and human rights and freedoms of the individual with regard to the application of biology and medicine. An important milestone in this issue also became Act no. 372/2011 Coll., on the provision of health services, which entered into force on 1st April 2012 and replaced the Act no. 20/1966 Coll., on Health Care. This diploma thesis, as the name implies, deals with patients´rights and duties, while the analysis of the issue focuses on new legislation. The thesis is divided into a theoretical and a practical part. In the introduction to the theoretical part, some basic concepts related to the topic are firstly defined. Following chapters deal with the legislative anchoring of medical law as a whole and selected principles of medical law. The last two chapters, in direct relation to medical legislation, deal with patients´actual rights and duties. The practical part is focused on the research knowledge of rights and duties of both the patients themselves as well as healthcare workers. It is based on qualitative research methods conducted through the semi-structured interview. The research simple group consisted of six respondents from the general public, and six surveyed healthcare workers. The task of this section is to bring current knowledge concerning the overall awareness of patients´ rights and duties. The aim is to analyze the current legislation of the issue and map knowledge of patients´ rights and duties in both the lay and also professional public. The research shows that public awareness of patients´ rights and duties, despite their new anchor in Act no. 372/2011 Sb., about health services, has not increased far enough. Although at first glance the general knowledge of the issue, the public, on their own initiative does not seek to increase their knowledge of their rights and duties in relation to the providers of medical services. In contrast, awareness of health professionals regarding patients´ rights and duties is at the good level, but this can be attributed mainly to the fact of their daily movements in the field of the issue. This diploma thesis presents actual information about patients´ rights and duties from the point of current legislation view. At the same time it maps the knowledge of patients´rights and duties and healthcare professionals and points to the broader psychosocial context in the issue. The results can therefore be used both to improve public awareness of their rights and duties, as well as the education of all staff in the assisting professions.
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Základní prvky vztahu rodiče a dítěte (srovnávací studie) / Basic elements of relationship between parent nad child (comparative study)Sladká, Tereza January 2015 (has links)
Resumé Basic Elements of Relationship between Parent and Child (a Comparative Study) The topic of my master thesis is 'Basic Elements of the Relationship between Parent and a Child, a Comparative Study'. The main purpose of my thesis is to compare rights and duties of parents and children in their mutual relationship, both at the present time and in the past, as well as in various foreign countries. I tried to provide a comprehensive overview of this issue, because a lot of parents, more so children, do not know what their own rights and duties are. The main right, and also a duty, of parents is to raise their children, however, it is just the top of all their duties and rights as parents. Nowadays rights of children are stronger than in the past, thanks to international evolution. This international evolution causes national family law to be improved, which reinforces the rights of a child. We should however remember that rights of parents represent duties for children and vice versa, rights of children are duties for parents. The thesis is composed of an introduction, three chapters and a conclusion; the chapters are further divided into subchapters. The introduction describes the structure and main goals of my thesis. Chapter One deals with the history of rights and duties of parents and children. The...
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Právní aspekty poskytování zdravotní péče nezletilým / Legal aspects of provision of health care to minorsBlažková, Michaela January 2016 (has links)
AJ Health care is very important part of our lives, therefore legal regulation of providing health care deserves more attention. Specialist publications mostly engaged legislation of providing health services, without contradiction, who is recipient of health care and regulation of status minor doesn't get attention like should have. Minor has special legal status, that is why legal aspects of providing health care is specific too. Related with development of private law many changes happened, which also showed in legal status of underage patient, therefore goal of my thesis is to tender comprehensive view of legislation about minor patient status at provision health care. Thesis is divided into the five main chapters. First chapter provides a comprehensive overview about sources of regulation in selected topic and describe mutual connection some of law regulation. The second part is focused on rights and corresponding duties minor patient, his parents and doctors while providing medical care. In this chapter is considerable attention given to the institute of informed consent minor patient and conditions of his grant. Third part of my work is related to second part and is trying to outline solving of problematic situation, which can happen during providing medical care to minor patient .Fourth...
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Práva a povinnosti člena společenství vlastníků jednotek. / Rights and duties of a member of the association of owners of (residential) unitsPazderová, Kateřina January 2014 (has links)
In my Diploma thesis I focus on rights and duties of the member of the Community of owners of housing units. The Community of owners of housing units and related issues are regulated in Act No. 72/1994 Coll., the Flats Ownership Act. Some general regulation can be found also in the Civil Code. First of all, in the introduction of my Diploma thesis I wanted to describe the reasons that lead me to choose this theme. After that I explained the methods I used in the process of completing of this thesis. After the explanation of the choice of the theme and the methods I concerned with the general regulation of the Community. In this chapter I described the birth of the Community and its articles of association. Here I was concerned with the approval and content of the articles of association and also with so called model articles of association and situations, when they are applicable. I also mentioned the regulation of bodies of the Community. According to Flats Ownership Act, the compulsory bodies of the Community are the meeting of unit owners and the statutory body, which can be represented either by committee or by the authorized owner. There is also a possibility to create special bodies of the Community by specific adjustment of the articles of association. At the end of this chapter I analyzed the...
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Regime Jurídico da Colaboração Premiada: direitos e deveres das partes e poderes do juiz / Legal Framework of the plea agreement: rights and duties of the parties, powers of the judgeMorais, Hermes Duarte 14 September 2018 (has links)
A presente pesquisa buscou investigar se a colaboração premiada, tal como regulada pela lei nº 12.850/13, ostenta um regime jurídico especial passível de sistematização. Objetivou-se demonstrar que há uma autonomia da qual se pode extrair direitos, deveres e poderes dos sujeitos participantes do acordo, além de poderes do Juiz, e que, dadas suas particularidades, não podem ser considerados, ao menos integralmente, inseridos na classificação de negocio jurídico processual adotada pelo Supremo Tribunal Federal. Demonstrou-se que essa constatação gerou inúmeras e persistentes perplexidades na doutrina que, aos poucos vem sendo superadas pela jurisprudência. A partir do referencial teórico utilizado, procurou-se, então, sistematizar os direitos e deveres do colaborador e do proponente e, também, os poderes do Juiz ao realizar o controle judicial dos acordos, buscando-se examinar os comportamentos possíveis de tais agentes em cada uma das fases procedimentais que compõe o complexo ato da colaboração. Além disso, investigou-se as clausulas que podem figurar no acordo de colaboração premiada. Por meio da análise dos principais termos de colaboração premiada e das decisões judiciais que sobre eles recaíram, exemplificou-se as principais clausulas que tem sido utilizadas no âmbito da operação Lava-Jato, agregando-as segundo a natureza de seu conteúdo e problematizando-se os aspectos controvertidos de sua aplicação, principalmente, com o exame das decisões judiciais proferidas pelo Supremo Tribunal Federal. Em conclusão, buscou-se estudar, com maior precisão, a colaboração premiada ao assumir a perspectiva de que ela constitui um subsistema do tradicional sistema acusatório, com peculiaridades tais, que conferem a ela autonomia que justifica a tentativa de sistematização e aclaramento das características do regime jurídico deste singular instituto. / This paper sought to investigate whether the plea agreement, as regulated by Law No. 12,850/13, has a special legal framework which may be systematized. The objective was to demonstrate there is an autonomy from which the rights, duties and powers of the subjects participating in the agreement, in addition to the powers of the Judge, may be extracted, and which, given their particularities, cannot be considered, at least in full, in the classification adopted by the Federal Supreme Court. It has been shown that this finding has generated several and persistent perplexities in the doctrine which, little by little, have been overcome by jurisprudence. The theoretical framework used then sought to systematize the rights and duties of the participant and the proponent and also the powers of the Judge when performing judicial control of the agreements, seeking to examine the possible behavior of such agents in each of the procedural stages making up the complex act of the plea agreement. In addition, the clauses which may appear in the plea agreement have been investigated. By analyzing the main terms of plea agreement and the judicial decisions resulted from them, we have exemplified the main clauses which have been used in the scope of the Operation Car Wash (Operação Lava-Jato), adding them according to the nature of their content and problematizing the controversial aspects of its application, mainly, with the examination of the judicial decisions uttered by the Federal Supreme Court. In conclusion, it was sought to study, with greater precision, the plea agreement by assuming the perspective that it constitutes a subsystem of the traditional accusatory system, with such peculiarities granting to it autonomy which justifies the attempt of systematization and clarification of the characteristics of the legal framework of this singular institute.
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Comparative study of in-school learning contexts : Comparison between France and England / Etude comparative des contextes d’apprentissage au sein de la scolarité : Comparaison entre la France et l’AngleterreSchramm, Pierre 19 December 2013 (has links)
Ce travail comporte un aperçu de la théorie des positionnements, la construction d’une méthodologie adaptée à l’analyse des interactions, et l’application de cette méthodologie aux interactions de classe.Celle-ci est réalisée à partir de transcriptions d’enregistrements audio-vidéo de 15 heures de leçons en mathématiques et en physique/sciences en Angleterre et en France. Les élèves avaient entre 11 et 12 ans. Ces transcriptions sont divisées en épisodes, c’est-à-dire en unités cohérentes quant à leur thème et à leur enjeu. Puis, chaque épisode est codé selon les comportements observés pour le professeur. Les catégories de comportement trouvées pour l’interaction plénière de classe sont comparables à celles trouvées par d’autres travaux de recherche sur le travail en groupe. Une analyse réalisée afin de déterminer les types de comportement (considérés en tant que droits et devoirs) qui apparaissent simultanément indique que deux droits apparaissent souvent simultanément : poser une question scientifique et valider une proposition. Ceci est cohérent avec les résultats d’autres travaux de recherche, qui indiquent la prédominance des séquences IRE/IRF.Une étude de la fréquence de ces comportements met en évidence la rareté d’affirmations indépendantes par le professeur. Une analyse des épisodes qui contiennent de telles affirmations indique que le professeur n’introduit de nouveaux éléments en se reposant sur sa propre autorité que dans des cas particuliers : (a) suite à l’erreur d’un élève, auquel cas l’affirmation se limite à expliquer l’erreur, (b) suite à la question d’un élève, ou (c) suite à l’affirmation non invitée d’un élève. Les contenus introduits de cette manière semblent être considérés légitimes plus longtemps que ceux qui sont introduits en faisant référence à une source officielle.Les conséquences de ces résultats sont abordées : il semble désormais nécessaire de considérer l’agence des élèves lors de futurs travaux de recherche ; et il est possible qu’un style d’enseignement magistral puisse bénéficier à l’apprentissage. / This work consists in a theoretical overview of positioning theory, the construction of a methodology for interaction analysis, and its application to classroom interaction.The latter part is based on transcripts from audio-video recordings of 15 hours of lessons in mathematics and physics or science in England and in France, with children aged between 11 and 12. These transcripts were divided up into episodes, units displaying coherence in theme and purpose; and each episode was coded according to the types of behaviour the teacher displayed in them. The same types of behaviour were found in plenary interaction as those found by previous research into group work. Analysis carried out to highlight co-occurring types of behaviour (seen as rights and duties) only yielded two co-occurring rights – asking a scientific question and validating a statement, consistently with the previously noted prevalence of IRE/IRF sequences.A frequency analysis of the levels of occurrence of individual types of behaviour highlighted the scarcity of unsupported teacher statements. Further analysis of the episodes featuring teacher statements showed that the teacher may only introduce new elements on the basis of their own authority in highly specific circumstances: (a) after a student’s mistake, in which case the teacher’s statement is limited to explaining why the aforementioned mistake is one; (b) after a student’s question or (c) after a student’s unsolicited statement. In the last two cases, the teacher’s statement may go beyond the remit of the question or statement. Content introduced in such a way appears to have a longer-lasting legitimacy than that introduced with the help of official content.Some implications of these results are discussed: the need to take into account student agency in further research; and it is suggested that a lecturing style of teaching might be beneficial for learning.
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Ochrana minoritných akcionárov v legislatíve Slovenskej republiky / Protection of minor shareholders in the legislation of the Slovak RepublicChudíková, Blanka January 2015 (has links)
The aim of this master thesis is to specify the legal status of minor shareholders in the law of the Slovak Republic, which has provided to minor shareholders by governemnt to give them a chance to enforce their interests and to apply their right to participation in the management of the company. Part of the work is a preview of a corporation as such, as a shareholder, its rights and responsibilities and a description of situations when rights of minority shareholders can be breached.
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Práva a povinnosti společníků ve společnosti s ručením omezeným / Rights and duties of partners of a limited liability companyFilípková, Olga January 2012 (has links)
This diploma thesis describes the legal position of partners in a limited liability company, through the analysis of theirs rights and duties. For a complete view of main theme the part of this thesis is devoted to the basic characteristics of a limited liability company. The diploma thesis also reflects the changes in the Czech legal order and the impacts of these changes on the concept of limited liability companies and the rights and duties of theirs partners.
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Práva a povinnosti společníků ve společnosti s ručením omezeným / Rights and duties of members of a limited liability companyŘeháková, Renata January 2011 (has links)
Summary: The reason for choosing the topic of my thesis was primarily the popularity of a Limited Liability Company as a form of a corporation suitable especially for small and medium-sized undertakings and practical usability of the knowledge about this issue. During their life businessmen and other legal persons encounter the form of Limited Liability Company almost daily and they participate very often in its business with a prospect of profit. This is why the knowledge about the rights and duties as of a member of the Limited Liability Company is very important and helpful. The main object of this thesis is to focus on a broader description of members' legal position concerning their membership in the Limited Liability Company. Even though each right and duty is described in a separate chapter they need to be understood in their mutual coherence as a complex. My research begins with a general characteristic of a business corporation as a product of commercial law and a general description of the nature and specifics of the Limited Liability Company within the Czech legal order. The merit of this thesis is to analyze each right and duty of the member in detail. These are further divided into proprietary and non-proprietary rights and duties. Nevertheless, such a distinction cannot be always strict....
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Povinnost loajality společníka kapitálové obchodní společnosti / The duty of loyalty of a member of a limited companyKorhoň, Ondřej January 2015 (has links)
The diploma thesis is focused on the duty of loyalty of shareholders (members). Although some legal experts consider this duty as a basis of any private law relations, duty of loyalty remains mainly overlooked in the business law area. Firstly, the diploma thesis explores the duty in broader view and describes its functioning in other countries, where duty of loyalty is traditionally respected: United States of America and Germany. The thesis continues to the development of the duty of loyalty in Czech Republic. Before 2014, this duty was not explicitly included in Czech law or no wide consensus about the legal source of this duty. The loyalty principle has begun to be recognized in 2006, when legal experts started to work with this term and set theoretical basis for this duty. Even if there was no consensus about the scope and range of the duty of loyalty and the existence of this duty itself, the duty of loyalty has been established in the judicature of Czech courts. Even Supreme and Constitutional Courts accepted this duty in its decisions. The role of Judicature for the duty of loyalty and its contend is significant. The change of Czech private law has brought substantial changes of this duty. From the 1st January 2014, the duty of loyalty is explicitly part of the Czech law and may be found in...
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