This dissertation is an examination of the role of consent in the process by which rights and obligations are created under customary international law. Two related issues are examined. One is the role of consent in the creation of customary law generally, and the other is the question whether the consent of a State or a group of States to a stipulation of customary international law is a condition of the applicability of that law to those States. Part One examines the relationship between the notions of consent, state practice and opinio juris. Chapter I examines the nature of the law governing the creation of customary law. Chapter II compares opinio juris with consent. In Part Two, Chapter III sets up a framework for the enquiry, namely, a spectrum of views expressed about the role of consent. Chapters IV and V then examine the decisions of tribunals and the practice of States to see which of the points on the spectrum corresponds most closely to those decisions and practice. Chapter VI compares general and nongeneral custom as far it relates to the role of consent. Chapter VII examines the position of newly independent States in relation to customary law established before they achieve statehood, and is concerned more with evidence than with general considerations. Part Three deals with the main objections to, and the possible advantages of, the requirement of consent in the contemporary customary law process. It will be suggested that consent does, and should, play an essential part in the customary law process.

<p>The right kind of democracy – an ideology analysis of school literatures description of the term democracy.</p><p>Writers: Fredrik Hedlund & Mattias Ahlqvist</p><p>Democracy is today a word and a concept that in many ways is taken for granted and almost never is reflected on. The concept democracy is also considered as an essential issue in the swedish school system, both regarding the way the education should be managed and also as a part of the students democratic schooling – all according to the comprehensive document Läroplanen för de frivilliga skolformerna (Lpf94).</p><p>The main purpose of this paper is to investigate how swedish literature in political and social science talks about and looks upon democracy – what do the books say it means?</p><p>The materials we have chosen for this report are the books Zigma and Forum. As metod we are using a textual ideology analysis in which we have created three dimensions – meaning/associations, criticism of democracy, and demos/citizenship. The dimensions are designed to fit our critical point of wiew regarding how democracy is looked upon in school literature today.</p><p>Our results have shown that both books gives the same meaning and significance to the word, that no one of the books lifts forth any serious criticism of democracy and that no one of the books is trying to discuss nor question the word demos/citizenship.</p><p>Key words: democracy, criticism, demos/citizenship, rights and obligations.</p>

The right kind of democracy – an ideology analysis of school literatures description of the term democracy. Writers: Fredrik Hedlund &amp; Mattias Ahlqvist Democracy is today a word and a concept that in many ways is taken for granted and almost never is reflected on. The concept democracy is also considered as an essential issue in the swedish school system, both regarding the way the education should be managed and also as a part of the students democratic schooling – all according to the comprehensive document Läroplanen för de frivilliga skolformerna (Lpf94). The main purpose of this paper is to investigate how swedish literature in political and social science talks about and looks upon democracy – what do the books say it means? The materials we have chosen for this report are the books Zigma and Forum. As metod we are using a textual ideology analysis in which we have created three dimensions – meaning/associations, criticism of democracy, and demos/citizenship. The dimensions are designed to fit our critical point of wiew regarding how democracy is looked upon in school literature today. Our results have shown that both books gives the same meaning and significance to the word, that no one of the books lifts forth any serious criticism of democracy and that no one of the books is trying to discuss nor question the word demos/citizenship. Key words: democracy, criticism, demos/citizenship, rights and obligations.

The goal of this thesis is to evaluate and analyse legislation of membership rights and responsibilities transfer in cooperatives in Czech Republic. The legislation of this institution is quite austere and ambiguous leading to various problems in practice. This thesis is divided into five parts. The first part defines main sources of legislation on which current cooperatives are based on. The second part defines basic concepts of cooperative law, e.g. a cooperative, membership, membership share, membership rights and responsibilities and their relations. This part presents cooperative principles and outlines basic structure of each type of cooperative. The third one is the main part of the thesis and deals with legislation of membership rights transfer and responsibilities in general. It contains analysis of the specifics of membership rights and responsibilities among cooperative members and transfer between a cooperative member and a third person - a non-member. In addition, peculiarities of membership transfer in housing cooperatives are discussed. The next chapters focus in detail on legislation applied to the rights and responsibilities agreement, its content formalities, characteristics of the parties, issues of (non)corruption and its form. The fourth part contains a detailed explanation of...

OFFSET ON BUSINESS TRANSACTIONS Topic of this thesis is set-off in commercial relations. It is structured in three main chapters which deal with the most relevant issues and problems related to set-off in commercial relations. Not only it analyzes the current state of law and case law but tries to interpret Act No 89/2012 Coll., New Civil Code. First part of the thesis aims at the preconditions for set-off. Firstly, the possibility of set-off of foreign currency claims in New Civil Code is discussed. It also reflects upon the long standing discussion of set-off of due rights against rights which are not due. Then it proceeds to new precondition for set-off - certainty of rights. Author of this thesis argues that such precondition refers to reasonable doubts as to the existence and value of the right. Second part of the thesis deals with set-off of two or more rights and obligations. Author analyzes problematic aspects of current case law which en bloc excludes such possibility with the result that notice of set-off has to be overly specific. Controversy of the current case law, moreover, lies in the fact that it contradicts the previous case law which (in the author's view correctly) do not excessively distinguish between set-off and performance of the obligations. Admittedly, some author's...

The Transfer of Membership Rights and Obligations in Cooperatives The aim of the thesis is to analyse legal relations arising from the transfer of membership rights and obligations in cooperatives. I chose this topic, because Czech legal regulations of the transfer are very often ambiguous and inaccurate. In the thesis I have summed up the current Czech legislation, pointed out some practical problems and tried to solve them. The thesis is composed of three chapters, each of them dealing with different aspects of the subject to be analyzed. The first chapter defines general terminology concerning the transfer of membership rights and obligations in cooperatives. I have tried to explain the different terms used in the Czech Commercial Code and to describe their mutual relations. Chapter two focuses on detailed description of the transfer in all types of cooperatives in the Czech Republic. The first part of this chapter describes the legislative evolution of the transfer as a legal institute. Next parts of this chapter investigate the contract of transfer and its constituent elements. To reach the self-contained description, the final part describes how by-laws of the cooperatives deal with this juridical institute. Chapter three concentrates on chosen topics referring to the transfer of membership...

Resumé Theme of this thesis is legal relationship attorney - client and their mutual rights and obligations. I focused on the current legal regulation contained in the Act No. 85/1996 Coll., advocacy law, and related legal regulations, primarily in professional regulation published by Czech bar association. My objective was to try to give all- embracing explanation of this theme even though I realised this theme and all its aspects is too extensive to be explained completely. This thesis is divided into six parts, which are further systematically divied into chapters. First part gives basic historical review of development of legal regulation of advocacy since ancient Rome. Second part gives definitions of the most important terms of this thesis - attorney and client, with evident orientation on legal regulation of conditions which must fulfil a person in orded to become an attorney. Third part deals with possible methods of constitution of legal relationship between attorney and client (to conclude a contract or to be appointed by court or to be designated by Czech bar assosiation) and related attorney's obligation to refuse to plead client in certain situations as well as termination of this relationship. Fourth part is dedicated to individual rights and obligations o attorneys and clients. Each one is...

The thesis is focused on the internal relationship between the lawyer and the client. Although this topic was already processed many times, I believe that, in particular, in the context of the current case law and the amendment of certain provisions, this work may contribute to the better understanding of this topic. The thesis is systematically divided into six chapters. In the first chapter, there is outlined the nature of this relationship and stressed out the importance of mutual trust. To further break down the individual rights and obligations in detail, it is necessary to outline the formation of the relationship between solicitor and client first. It is important to note that the specific obligations imposed on lawyer legislation even before the formation of the legal relationship. Under the conditions described in the first chapter, the lawyer has a duty to refuse to provide legal services to the client, which can be considered as the pre-contractual obligation. Attorney has an obligation, although there is still no relationship between them. Considering the entire work, the second and third chapters are the most important ones. In the second chapter I push the reciprocal rights and obligations in the context of their legal arrangements, both legal and underpinned, and the professional and...

Free movement of persons is one of four basic freedoms of internal market EU. Graduation theses reports history and basic documents, rights and obligations of citizens of EU, limitation of free movement and social security. The thesis accentuates eastern enlargement in 2004 and transition period on free movement of workers. In terms of statistics dates and documents is striked a balance on impact of movement of workers from eastern countries on labour markets in EU. The thesis targets the austrian labour market in consequence of eastern enlargement.

In his thesis, the author deals with the transfer of rights and obligations arising from employment relationships. In the Czech law, the regulation of transfer of rights and obligations is governed in substantial part by the Act No. 262/2006 Coll., the Labour Code, as amended, and in other statutes. The Czech legislation is based on harmonised regulation in the law of the European Union, which is provided for in the Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses. In his thesis, the author examines the current regulation in the Czech law and the decision- making practice of the Czech courts and compares it with the decision-making practice of the Court of Justice of the European Union. The author also deals with the amendment of transfer of rights and obligations implemented by the Act No. 285/2020 Coll., amending the Act No. 262/2006 Coll., the Labour Code, as amended, and several other related acts, and compares the applicable law with the preceding. The thesis also deals with the history of regulation of transfer of rights and obligations in the Czech Republic, then it deals with the general definition...