Made available in DSpace on 2018-08-01T23:39:33Z (GMT). No. of bitstreams: 1 tese_9101_RIBEIRO, J. C. M. 2015.pdf: 974014 bytes, checksum: 44865db61db9b1e4401c6b26fda4f866 (MD5) Previous issue date: 2015-07-08 / O presente trabalho investiga as origens históricas das tradições jurídicas common law e civillaw, com o objetivo de identificar os traços peculiares da tradição híbrida que conforma o sistema jurídico brasileiro, apontando as deficiências democráticas decorrentes da ausência de uma cultura de precedentes judiciais e alertando para a necessidade de readequação da postura do Superior Tribunal de Justiça. Com o enfoque direcionado ao direito infraconstitucional brasileiro, especificamente em relação ao Superior Tribunal de Justiça, buscou-se demonstrar que na transição do Estado Legislativo para o Estado Constitucional a inserção da segurança jurídica como fundamento da república exige a reconstrução da finalidade do processo civil como meio para a tutela de direitos, o que implica tanto a concessão de decisões justas, quanto a prolação de precedentes para conferir unidade, previsibilidade e estabilidade ao direito. Não obstante no marco do Estado Democrático Constitucional a unidade do direito corresponda a um dos discursos necessários para conferir legitimidade à atuação jurisdicional, o Superior Tribunal de Justiça permanece atuando como Corte Superior, de controle de decisões judiciais incorretas e de uniformidade da jurisprudência, o que ocasiona a grave patologia denominada jurisprudência lotérica, consistente na adoção de decisões completamente distintas para casos estritamente semelhantes. Palavras-chave: Common law; Teoria dos Precedentes Judiciais; Civil law; Ideologia liberal; Corte Suprema; Superior Tribunal de Justiça; Processo Civil.

M.Sc. / A common feature of multi gene families is that their members are expressed in different ways in response to environmental and developmental signals. In the present study the expression of a CHS multi gene family in bean (Phase°lus vulgari.), was studied. using a RT-PCR technique that focuses on the 3' divergent regions of the isogenes. Tissue-specific expression in roots, stems, leaves and the flowers of Phaseolus vulgaris, as well as in callus tissue, were investigated. Patterns and levels of gene expression were investigated after treatment with different elicitors as well as light. In most cases time and concentration studies were performed. The four CHS transcripts (CHS4. CHS1. CHS17 and CHS14) showed tissue-specific expression. The four CHS transcripts were differently expressed in the seven organs investigated: and different levels of activity were observed. The highest level of transcript expression for CHS14 and CHS4 could be observed in the roots, whereas relatively low levels were obtained in the leaves. stems and flowers of the green as well as etiolated seedlings. Higher levels of CHS were found in flower buds. High levels of all four transcripts were also found in callus. Elicitor treatment with structurally diverse abiotic agents showed induction of all four CHS mRNA transcripts. Concentration studies revealed high levels of CHS transcript levels. Elicitation with different concentrations of the elicitors: glutathione. mercuric chloride and sodium salicylate showed high levels of the CHS transcripts after exposure of 6 h to the different elicitation agents. The transcript levels increased significantly to levels above those observed in untreated (control) plants. The CHS transcripts showed higher levels of induction after elicitation with mercuric chloride (1 mM) relative to treatment with sodium salicvlate (10 rnM), suggesting differential regulation at the transcriptional level. The expression patterns observed with glutathione were very similarly to those induced by mercuric chloride. The kinetics of induction of all CHS transcripts. except for CHS1 were low at 2 and at 8 h postelicitation and maximal levels of transcript. although transiently induced, could be observed at 4 - 6 h. The use of 4 mM mercuric chloride did not give any induction. most probably because it was a lethal concentration. Etiolated and green bean seedlings, exposed to UV light. showed expression of all four CHS transcripts. In green leaves no significant differences in the induction kinetics between the different chs genes were observed. Three of the transcripts (CHS4. CHSI7. CHS14) accumulated rapidly (within ca. 3h). reaching a maximum after 6 h of irradiation. followed by a decline. CHS4 revealed a 18.2 fold induction. CHSI7 showed a 4.8 fold increase and CHS14 a 4 fold increase after 6 h of illumination in green leaves. In contrast. CHS1 showed a delay ed response which was still observable after 15 h. It was also demonstrated that CHS transcripts accumulated rapidly but transiently. Following illumination of etiolated leaves with white light. except for CHS I. CHS17 and CHS4 showed similar expression levels and patterns. with maximal induction at 1,5 h after white light exposure, whereas maximal induction for CHS14 was at 2 h. At 2.5 Ii the levels for all three transcripts dropped to preinduction levels. It is therefore evident that CHS is a key metabolic control point in the phenylpropanoid pathway leading specifically to isollavonoid biosynthesis. The results strongly suggest that the activation of plant defence genes are regulated in a tissue-specific manner and that induction by different elicitor-active agents. may be regulated by different. But convergent signal transduction regulatory networks.

This study argues that the High Representative of the Union for Foreign Affairs and Security Policy is a constrained agent of Europe’s foreign policy. The 2009 Lisbon Treaty reform created the remodelled version of the High Representative of the Union as a potentially powerful agent to represent and coordinate Europe’s foreign policy. However, the analysis shows how and why the member states granted only limited discretion to the new foreign policy actor during the first years of the post’s existence. The aim of the study is to reveal the conditions of discretion of the High Representative. With the use of a principal-agent (PA) approach, the study shows that conflicting preferences of the member states, tight control mechanisms, as well as inadequate cooperation with the European Commission limited the High Representative’s room for manoeuvre. The findings suggest that the PA approach can be developed further in the future in order to better explain limited discretion of agents in matters of foreign policy. Based on the findings, the study also puts forward a number of characteristics of a ‘constrained agent’. It is suggested that the post of High Representative has the potential to emancipate from its status of a constrained agent over time, and to gain credibility as a foreign policy actor.

Författarna har i denna uppsats inriktat sig på planeringen utav den moské som kommer uppföras i Karlstad. Ansvariga för detta är Karlstad kommun och Islamiska Kultur Föreningen, vilka vi har intervjuat varsina respektive representanter om hur de ser på integration och hur de väljer att inkludera integration i planeringen kring moskén. För att undersöka hur man förhållit sig till integration har vi jämfört detta med Europeiska Unionens Common Basic Principles for Immigrant Integration. Frågeställningar för att begränsa arbetet var; hur ser de två studieobjektens på integration samt vilken påverkan en moské kan ha på integration. Teorin som appliceras är en ”tvåvägsprocess” som innebär att integration sker från både subjekt (vilket i denna uppsats innebär nyanlända) och objekt (värdsamhälle). Utöver intervjuerna så har vi analyserat textdokument från Karlstad kommun om exempelvis värderingar och kommunens vision. Resultatet av undersökningen visar att Islamiska Kultur Föreningen och Karlstad Kommun följer många punkter från Common Basic Principles och att en moské har goda förutsättningar att vara integrerade med ett öppet styre samt samarbeten med andra institutioner.

The purpose of this thesis is to investigate to what extent the Consumer Protection Act 68 of 2008 (CPA) influences the common law of sale in South Africa. “Common law of sale” refers to the essentialia of sale (the minimum characteristics that parties must have consensus on to conclude a valid sale). The parties must have consensus on the intention to buy and sell, the things sold and the purchase price. The common law of sale also refers to the common law duties of the parties, the duties of the seller in particular (conversely therefore the rights of the buyer). The primary duties of the seller which will be investigated are: a. the duty of safe-keeping (including and investigation into the passing of benefit and risk doctrine); b. the duty of delivery and transfer of ownership; c. the warranty against eviction; and d. the warranty against latent defects. The primary common law duties of the buyer to pay the purchase price and accept the thing sold are included in the investigation as well. The formalities required in certain sale agreements, that wording must be in plain language as well as the buyer’s cooling-off rights are also investigated. An investigation into the influence of the CPA on the common law of sale in South Africa warrants a systematic framework and modus operandi which are: a. an investigation into the historical background of the common law of sale and its principles in the Roman law and Roman-Dutch law; b. a critical analysis of the position where the CPA is not applicable (the common law position); c. an extensive analysis and critical evaluation of the relevant provisions of the CPA and the influence thereof on the common law of sale; d. a comparative analysis of the appropriate provisions in Scotland and Belgium; e. a conclusion of the influence of the CPA on the common law of sale (whether the particular common law of sale principle is confirmed, amended or excluded in terms of the Act); and f. recommendations (taking into account the comparative analysis) regarding the rectification of uncertainties and ambiguities that arose as a result of the investigation. It is also important to remember that the existing principles of the common law of sale will still be applicable for transactions and agreements which fall outside the application of the Act. The golden rule to keep in mind when investigating the influence of the CPA on the common law of sale is to determine which approach and interpretation will be most beneficial to the consumer. / Thesis (PhD)--University of Pretoria, 2013. / gm2013 / Mercantile Law / Unrestricted

Master of Science / Department of Agronomy / Kassim Al-Khatib / Field experiments were conducted near Manhattan, KS in 2005 and 2006 and Sabetha, KS in 2005 to determine the efficacy of S-metolachlor tank mixed with fomesafen on common waterhemp in soybean. Preemergence treatments included S-metolachlor + fomesafen at 0.91 + 0.22, 1.21 + 0.28, 1.52 + 0.36, and 1.82 + 0.43 kg ha-1 and S-metolachlor + metribuzin at 0.55 + 0.14 kg ha-1. These treatments were applied alone or followed by a postemergence glyphosate application at 0.88 kg ha-1. Ratings were taken 2, 4 and 8 weeks after treatment. The study showed that S-metolachlor + fomesafen gave excellent early season control of common waterhemp at both Sabetha and Manhattan. S-metolachlor + fomesafen at the 1.52+0.36 kg ha-1 rate gave greater weed control than S-metolachlor + metribuzin. A separate study was conducted to determine the competitiveness and fitness of a protox-resistant common waterhemp biotype. Protox-resistant and protox-susceptible biotypes of common waterhemp were grown under noncompetitive and competitive arrangements in the greenhouse. In the noncompetitive study a single plant of both biotypes was planted in 15-cm-diam pots. Photosynthesis, leaf area, and plant biomass were measured 10, 20, 30, and 40 day after transplanting (DATP). In general, photosynthesis rate and plant biomass was similar between biotypes. However, the protox-resistant biotype had higher leaf area then the susceptible biotype at 20, 30, and 40 DATP. Under competitive conditions, a replacement series study, photosynthesis, leaf area, plant height, and plant biomass were measured 7, 14, 21, and 28 DATP. In general protox-resistant and –susceptible common waterhemp values were similar 28 DATP. Relative crowding coefficient values 28 DATP were 0.86, 0.89, 1.09, and 1.13 for photosynthesis, leaf area, plant height, and plant biomass, respectively. Suggesting, protox resistance did not change the ability of common waterhemp to grow normally under competitive conditions.

Magister Commercii - MCom / The aim of this study was to determine which strategy would be most appropriate to enhance regional trade integration in COMESA so that it can provide to its member states the benefits they expect to have from it. / South Africa

Central star binarity is often invoked as the main driver behind the shaping of aspherical planetary nebulae, however observational support for this hypothesis is lacking. This work presented in this thesis attempts to observationally test this theory by investigating the relationship between central star binarity and nebular morphology for several planetary nebulae. The discovery of six new binary central star systems is also reported. A detailed spatio-kinematical analysis of Abell 41 was performed, showing the nebula to have a bipolar morphology waisted by a toroidal structure, the symmetry axis of which is found to be perpendicular to the plane of the central binary. This alignment is exactly as predicted, indicating that the central binary, MT Ser, has played a significant role in shaping Abell 41. This is only the second planetary nebulae to have had this link, between binary and nebular inclination, explicitly shown. A spatio-kinematic model has been developed for ETHOS 1, indicating that its spectacular polar outflows are kinematically older than the central region of the nebula. This finding is discussed in the context of binary evolution, and it is concluded that the polar outflows in these nebulae are probably formed before their central binaries have entered the common-envelope phase. The central star of ETHOS 1 has yet to be the subject of detailed study, and as such, the orientation of the nebula could not be compared to that of its central binary. A spatio-kinematical analysis of SuWt 2 is presented, proving that the nebular ring is in fact at the waist of a much larger, extended bipolar structure. SuWt 2 is not known to contain a post-main sequence central star, required to eject and ionise the nebular shell, but rather a double A-type binary. The results of the analysis are discussed with relation to possible formation scenarios for SuWt 2. It is concluded that, while neither component of the double A-type binary could be the nebular progenitor, the presence of a third component to the system, which would have been the progenitor, cannot be ruled out. However, as there is no evidence that the central star of SuWt 2 is a binary alone, it is suggested that SuWt 2 should be removed from future lists of planetary nebulae known to host a binary central star. A sample of sixteen central stars of planetary nebulae, displaying morphological traits believed to be typical of central star binarity, were monitored for signs of periodic photometric variability associated with binarity. Six new photometrically variable close-binary stars were discovered, representing a ~15% increase on the previously known figure. The binary detection success rate from this investigation is compared to that of other surveys, and it is concluded that, while the results are promising, a more rigorous test is required to fully assess the extent to which specific morphological traits can be used as indicators of central star binarity.

Fusarium verticillioides (= Fusarium moniliforme) a common fungal contaminant of maize throughout the world has been associated with diseases in both man and animals. The structure of the fumonisins, a family of structurally related mycotoxins isolated from cultures associated with the high incidence of human oesophageal cancer in the Transkei region in South Africa and with equine leucoencephalomalacia, a neurological disorder in horses and donkeys, has been established. The main mycotoxin, fumonisin B1 consists of the diester formed by the C(14) and C(15) hydroxyl groups of (2S,3S,5R,10R,12S,14S,15R,16R)-2- amino-12,16-dimethyleicosane-3,10,14,15-pentaol with the Si carboxy group of propane- 1,2,3-tricarboxylic acid. A comparison of the structures of the 28 known fumonisins reveals that they share a common structural motif for the C(11)-C(20) unit, and probably also the same stereochemistry for the 4 stereogenic centres present in this unit. Disconnection of the C(9)–C(10) bond in a retrosynthetic analysis of the fumonisins C20 backbone (C19 in the fumonisin C series)identifies (3S,5S,6R,7R)-3,7-dimethylundecane-1,5,6-triol as a common building block for the synthesis of any of the fumonisins. In the dissertation the retrosynthetic analysis of this 3,7-dimethylundecane-1,5,6-triol building block identifies (3S,4R,5R)-5-methylnonane-1,3,4-triol as a viable target which in turn could be derived from a simple starting material trans-4-hexen-3-one. Key reactions identified to realise the required transformations leading to the identified target included kinetic enzymatic resolution of the racemic alcohol obtained from trans-4-hexen-3-one, and a pivotal role for both the [2,3]-Wittig rearrangement and the use of Sharpless asymmetric epoxidation methodology as these reactions generated the requisite stereogenic centres present in (3S,4R,5R)-5-methylnonane-3,4-diol. In this manner a synthetic route from trans-4-hexen-3- one to (2R,3R,4R,5R,6E)-4-(benzyloxy)-2,3-epoxy-5-methylnon-6-en-1-ol using appropriate functional group transformations and protective group strategies, with complete stereochemical control, were developed in this work. Alternative strategies to overcome problems encountered during the synthesis are presented for future work. The conversion of the 4-(benzyloxy)-2,3-epoxy-5-methylnon-6-en-1-ol intermediate to the protected 5- methylnonane-1,3,4-triol target could not be carried out due to time constraints and material shortages. / Dissertation (MSc)--University of Pretoria, 2011. / Chemistry / unrestricted

No abstract available. / Dissertation (LLM)--University of Pretoria, 2013. / Mercantile Law / unrestricted