Rights and Duties of Passengers in Public Transport The topic of this thesis is the issue of passenger's rights and duties in public transport. Despite the fact that contract of carriage passengers belongs to one of the most commonly stipulated contract types, governed by the provisions of the Act No. 89/2012 Coll., the Civil Code, as amended, and also rights of passengers arising out of entering into this contract are - as one of the branches of the customer law - the subject of considerable European union legislation, the contract of carriage passengers and its related issues remains unaddressed in the legal doctrine. The aim of the thesis is to analyse the rights and duties of passengers arising out of the contract of carriage in the most common types of public transport in The Czech republic, and also to categorize and include them into the legal context, because - as mentioned above - this undoubtedly live issue has not been completely discussed. With regard to complexity of the thesis are also mentioned rules of International and European law, focusing on directly applied secondary european legislation. The thesis is composed of introduction, four chapters divided into subchapters of two different levels, and summary, whereas the principal focus of the thesis is from chapter two to four....

English Abstract Current Issues of Legal Regulation of International Carriage by Air This thesis focuses on certain current issues connected to international carriage by air. Air transport is vital and steadily growing part of global economy. Rapid growth of the sector during 20th century also showed need for legal regulation reflecting its specifics. The first charter of the thesis briefly reviews developments of international public law since the beginning of the last century. International public law may be regarded as a backbone of legal framework of civil aviation. This may be said mainly about the Chicago Convention that not only provided essential consensus between states on basic rules for international carriage by air, but also established the International Civil Aviation Organisation (ICAO). ICAO may be regarded as an essential platform for establishing new legal framework for aviation on global level. The second part of chapter one deals with certain issues of international private law related to carriage. In this respect it describes development from the Rome Convention of 1980 to EU Regulation Rome I. Differences between the two have been briefly described in this section. Furthermore I deal with the controversial issue of choice of law in contract of carriage between the carrier and...

The master thesis discusses the development of automotive industry in foreign trade of Czech Republic in 1993-2009. The thesis consists of 3 main parts: the first part deals with production of czech producers as object of following exports, the second part documents import of automobiles into the Czech Republic and the third part describes and analyses development of foreign trade and the role of automotive industry in foreign trade of Czech Republic.

75 Resume in English Name of the thesis: Rights of passengers in air transport The thesis deals with the legal regulation regarding the rights of the passenger in air transport, including the general regulation of the concluded contract of carriage and the practical possibilities of a passengers to apply their rights in specific situations. In addition to the legal regulation, a significant part of this work represents the judicature not only of Czech courts, but also of the Court of Justice of the European Union, and to a lesser extent, of German courts. In terms of the thesis, the legal regulation is analyzed and identified (in the rage of contract of carriage also comparised with the German legal order), and its problematic aspects are determined and de lege ferenda are presented possibilities for their solution. The main aim of the thesis is to elaborate the current practical and theoretical themes of "transport law" with emphasis on the person's air transport and then to analyze and systematically include concrete rights of a passenger in individual contexts. The thesis is split into four chapters, divided into other subchapters, whereat the first chapter defines basic terms for "transport law", categorizes the transport itself and defines the legal regulation for national, international and European...

Liability of the carrier in international carriage of goods with respect to road carriage Abstract The content of this thesis is carrier's liability in international carriage of goods focused on carriage of goods by road, which is one of the crucial branches of carriage for landlocked states. The introducing part explains basic terms which are common in international carriage, defines subjects participating in the carriage and its possible plurality. Moreover, the thesis presents individual types of carriage and a specific chapter is dedicated to cabotage. The second part of the thesis describes both international and national legislation of carriage contract. This part includes the relation between these two from the private international law point of view. Different types of contracts are also mentioned as another possibility of carriage. Common interpretation is enclosed in the third part with issues of liability from legal doctrine perspective. This part also analyses particular presumptions in generating of liability and differences among strict liability and liability for fault. The liability of the carrier as a main point of this thesis is expanded in the adjacent passage. Fundamental types of carrier's liability for loss or damage of goods as well as for any delay in delivery are found in the fourth...

Firefighting is a strenuous occupation that requires high-intensity work, resulting in prolonged periods of stress and physical exertion. The physical demand of performing firefighting tasks is augmented by the weight of personal protective equipment (PPE) worn (i.e., load carriage: LC) and the use of a self-contained breathing apparatus (SCBA). These factors have been shown to increase metabolic demand at submaximal workloads and decrease maximal aerobic capacity in laboratory settings. However, there is limited research evaluating the effects of these factors on occupational performance. Therefore, the primary purpose of this study was to quantify the detrimental effect of LC only and LC+SCBA on firefighter occupational performance. In addition, it is important to identify fitness characteristics and physiological outcomes that are correlated to the decrement in performance produced by the PPE. This information will guide practitioners in selecting appropriate training strategies to effectively prepare firefighters to perform occupational tasks in gear. Thus, a secondary aim was to evaluate the relationships between fitness and pulmonary outcomes versus the decrement in occupational performance produced by the PPE. Twenty-one male firefighter recruits (Age: 28.6 ± 4.3 yr; Height: 178.6 ± 7.2 cm; Mass: 94.1 ± 15.4; Body Fat: 17.8 ± 8.4%) participated in this study. Occupational physical ability was assessed by time to complete a simulated fire ground test (SFGT). The SFGT was composed of the following tasks: stair climb, charged hose drag, equipment carry, ladder raise, forcible entry, search, and victim rescue. The recruits participated in six testing sessions. First, two SFGT familiarization trials were performed on separate days. During the next three testing sessions, the firefighter recruits performed the following SFGT conditions in a randomized order: control condition (PT clothes), LC only condition, and PPE+SCBA (SCBA) condition. Baseline and post-SFGT pulmonary and physiological data were collected. To describe within group differences between SFGT conditions, relative difference scores were calculated as follows: % difference = (([experimental trial outcome – PT trial outcome] / PT trial outcome) x 100). Statistical differences between the SFGT conditions were assessed with repeated measures ANOVA. To evaluate the relationship between fitness outcomes versus the decrement in SFGT performance, fitness testing data were obtained from the recruit academy and included: 1.5 mile run time, maximal push-ups, maximal sit-ups, maximal pull-ups, and prone plank time. In addition, the recruits completed a battery of fitness tests in their sixth testing session. The absolute difference in time to complete the SFGT between conditions was calculated as: experimental SFGT time - PT time. Bivariate correlations were used to assess the relationship between the absolute difference in SFGT time versus fitness outcomes. The LC+SCBA trial took 44.5 ± 15.5% longer (345.9 ± 43.7 s; p < .001) and the LC only trial took 38.3 ± 12.6% longer (331.2 ± 39.3 s; p < .001) to complete the SFGT than the PT trial (241.0 ± 33.3 s). The LC+SCBA trial took longer to complete the SFGT than the LC only trial (p = .046). Post-SFGT RPE was higher in the LC+SCBA trial (6.7 ± 1.7) and LC only trial (6.3 ± 1.5) compared to the PT trial (4.6 ± 1.8; p < .001). Absolute aerobic capacity, lower body power, anaerobic power and capacity, abdominal muscular endurance, and upper body strength were significantly correlated to the decrement in SFGT performance on some tasks caused by the PPE. In summary, PPE increases the intensity of performing fire ground tasks. To enhance occupational performance, it is imperative that firefighters optimize specific physical fitness attributes to reduce the relative stress produced by the PPE.

Staphylococcus aureus (S. aureus) is a ubiquitous bacterium that has the potential to cause severe disease in children and adults. Asymptomatic carriage of S. aureus is an important risk factor for developing infection, as well as a key contributor to transmission. Despite the fact that child care workers are at risk of infections, little research has focused on asymptomatic carriage of S. aureus in this occupational group. We collected samples from 110 employees, 81 children, and 214 surfaces at twelve child care facilities, as well as 111 age- and gender-matched adults not employed at child care centers. After adjusting for age, a household contact with a recent influenza-like illness, and a household contact with exposure to cattle, the odds ratio for S. aureus carriage in child care employees was 0.68 (95% CI 0.31 - 1.50, p-value 0.34). The odds of MRSA carriage was 3.09 times higher in child care employees than unexposed adults after adjusting for a history of cigarette smoking (95% CI 1.04 - 9.17, p-value 0.042). Colonization rates of all S. aureus and MRSA in children were 19.8% and 1.23%, respectively. S. aureus and MRSA were isolated from 9.80% and 0.90% of surfaces. Washing children's hands upon arrival had a protective effect among employees (adjusted OR 0.17, 95% CI 0.095 - 0.32, p < 0.0001). Molecular characterization suggested transmission of S. aureus among children, employees, and environmental surfaces. While the overall prevalence of MRSA is low at child care facilities, employees may be at increased risk of carrying this organism.

Trata-se de estudo acerca da admissibilidade dos pactos de limitação da responsabilidade contratual no Direito Brasileiro e, em especial, nos contratos de transporte de carga. O primeiro capítulo trata da definição jurídica da cláusula de limitação de responsabilidade e de sua função econômica. O segundo capítulo aponta as diferentes manifestações de cláusulas de limitação de responsabilidades na prática contratual e as distingue de figuras próximas, tais quais a transação e as cláusulas de redução de garantias. O terceiro capítulo trata da admissibilidade a priori das cláusulas de limitação de responsabilidade no Direito Brasileiro. Nesse terceiro capítulo, são enfrentadas as principais objeções à validade da cláusula de limitação de responsabilidade, tanto sob a perspectiva da dogmática jurídica quanto sob a perspectiva das consequências sociais produzidas pela cláusula. A conclusão do terceiro capítulo é que, a princípio, as cláusulas de limitação de responsabilidade são admitidas no Direito Brasileiro. No quarto capítulo, são enfrentadas as questões dogmáticas específicas acerca da validade da cláusula de limitação. Identificam-se, nesse capítulo, os requisitos de validade da cláusula de limitação de responsabilidade no que diz respeito (i) aos atos que deram causa ao inadimplemento; (ii) aos tipos de obrigações violadas; e (iii) aos efeitos da cláusula sobre o equilíbrio contratual. São analisados, ainda, os requisitos de validade da cláusula nos contratos por adesão. O quinto capítulo trata da cláusula de limitação de responsabilidade no contrato de transporte de carga. No quinto capítulo se demonstrará que as limitações de responsabilidade do transportador previstas em leis e convenções internacionais acerca dos diferentes modais de transporte, em verdade, têm natureza contratual: consistem em cláusulas de limitação implícitas. As cláusulas de limitação de responsabilidade, tanto implícitas, quanto explícitas, inseridas em conhecimentos de transporte estão sujeitas aos requisitos de validade das cláusulas de limitação de responsabilidade em contratos por adesão. O quinto capítulo ainda enfrenta questões dogmáticas relativas à interpretação e eficácia das cláusulas de limitação de responsabilidade. / The purpose of this thesis is to further understand the admissibility of agreements to limit contractual liability in Brazilian Law, especially in what concerns contracts for carriage of goods. The first chapter is focused on the legal definition on the liability limitation cause and the economic function thereof. In turn, the second chapter refers to the different kinds of liability limitation clauses in contractual praxis, distinguishing such clauses from similar legal concepts, such as settlement clauses and clauses to reduce warranties. The purpose of the third chapter is to discuss the a priori admissibility of liability limitation clauses in Brazilian law, with respect to the main objections to the validity thereof, both in relation to the jurists opinion on the matter and from the perspective of the social consequences brought forth by said clauses. The conclusion drawn in the third chapter is that liability limitation clauses are, in a first glance, valid under Brazilian law. The fourth chapter addresses the specific issues of the doctrine relative to the validity of limitation clauses, thereby identifying the validity requirements of the liability limitation clause in what concerns (i) the acts that gave rise to the nonperformance, (ii) the types of non-performed obligations, and (iii) the effects of the clause on contractual balance. In addition, the validity requirements of the clause are assessed in standard form contracts. The fifth chapter focuses on the liability limitation clauses within contracts for carriage of goods, whereby it will be demonstrated that the limitations of the carriers liability provided for by laws and international conventions on different transportation modes are in fact of a contractual nature, for they are implied limitation clauses. Both explicit and implied liability limitation clauses included in bills of lading are subject to the validity requirements of liability limitation clauses set forth in standard form contracts. The fifth chapter furthermore addresses some controversial issues related to the interpretation and effectiveness of liability limitation clauses in contracts for carriage of goods.

The trade of shipping is necessarily international in nature. Courts and international bodies often express the need to ensure international consistency in matters of maritime law. However, it has been an extremely difficult goal to achieve. Many countries have refused to be party to international conventions that seek to ensure comity. Some have enacted laws that reflect part but not all of those conventions, or seek to improve the protection offered by the conventions. The domestic law of each country also adds its own flavour to shipping law as recognised and applied by the courts in that jurisdiction. In 1974 Australia enacted the Trade Practices Act 1974 (Cth) (TPA), heralding a new era in corporate and commercial law. However, its impact on maritime law on Australia has only been felt over the last 10 – 15 years. It is potentially relevant to many areas of maritime law, including carriage of goods by sea, cruise ships, and towage. This thesis explores the encroachment of the TPA on a number of different areas of shipping law, using the few case examples on offer and extrapolating the impact that the TPA may have. It also considers the extent to which the TPA is stymied by simple contractual agreements to litigate or arbitrate in a non Australian forum, despite the TPA’s status as a mandatory statute within Australia. Raised at various points in the thesis is the possibility of law reform, which is a complex compendium of issues overlaid with a moral dimension – does shipping, as an industry, deserve to be exempted from the operation of the Act which sets a high standard of corporate behaviour? If so, how could that reform be shaped? In the meantime, what steps can the shipping industry take to work within the legal framework of the TPA?

<p>Bakgrunden till studien är att vikten på den enskilda soldaten ökar allt mer vilket reducerar rörligheten. Om soldaten bär för tungt ökar risken för att verkan inte kan avges på rätt plats i rätt tid på grund av minskad rörlighet. Terrängen som amfibiesoldaten verkar i medför att stor del av striden sker till fots vilket torde betyda att rörligheten borde vara prioriterat för soldaten. Syftet med uppsatsen är att undersöka om rörlighet har varit prioriterat, för en amfibieskyttesoldat när den bedriver strid till fots, gentemot vikten på och plutonens anpassning av verkans- och skyddsutrustning. Metoden som använts är en jämförelse mellan amfibieskyttesoldatens olika utrustningsalternativ med de vikter som fastställts i författarens analysverktyg som utgår från de amerikanska doktrinerna. Även amfibieskytteplutonens anpassning av verkans- och skyddsutrustning ingår i analysverktyget. De tekniker som använts är litteratursökning, deltagande observation från verksamhetsförlagdutbildning på AmfStriS och intervju med en grundutbildad amfibieskyttegruppchef. Slutsatsen från studien är att rörlighet inte har varit prioriterat kopplat till vikten och plutonensarbete med att anpassa verkans- och skyddsutrustning. Det är framförallt skyddsnivån och ammunitionsmängd som påverkar slutsatsen. Det skulle vara svårt för plutonchefen att förklara en soldats skada eller dödsfall med att rörlighet prioriterats framför verkan och skydd. Alltså tränar soldaten som den skall strida, med andra ord skyddsnivå HÖG och all ammunition med.</p> / <p>The background to this study is that the weight of an infantry soldier is increasing, which reduces the mobility. If the soldier is carrying too much equipment there’s a substantial risk that efficient fire can’t be delivered in the right place at the right time. The marine infantry soldier operates in an environment where most of the combat is by foot. This would mean that mobility must be in priority. The aim of this paper is to examine if the mobility has been in priority, for a marine infantry soldier, in comparison with the weight of the equipment and the marine platoons work to adapt the firepower and protection equipment. The method used is a comparison between the different options of equipment for the marine infantry soldier with the weights that the author confirm in his analysis tool which are based on FM 7-8 andFM 7-10. The marine infantry platoons adaption of equipment to improve mobility is also included in the analysis tool. The techniques to collect information are literature review, participant observation and an interview with a basic trained marine infantry squad leader. The conclusion from this study is that mobility hasn’t been in priority coupled to the weight of the equipment and the platoon’s adaptation of equipment to improve mobility. It’s the level of protection and the amount of ammunition that particular affect the answer to the conclusion. There would be difficulties for a platoon commander to explain a soldier’s injury or death with the explanation that mobility was in priority in comparison with protection and firepower. The marine infantry soldiersare training as they fight, which means that they bring all ammunition and choose a HIGH level inprotection.</p>