This thesis explores the question how unilateral conduct can create, vary or discharge obligations in English private law and how unilateral conduct is regulated. First, it is explained that the reason for asking this question follows from the candidate’s background in a civil law jurisdiction, in which unilateral juridical acts are regarded a category of legally relevant behaviour. After observing the obstacles in English law to the recognition of the civil law concept of unilateral juridical acts, a number of examples of unilateral conduct are identified that create legal effect. The focus of the thesis is on examples of unilateral conduct that create, vary or discharge obligations. English law allows the creation of obligations by unilateral conduct only in very specific instances. It is observed that unilateral conduct can create or transfer property rights. The different approach is explained primarily by deeply rooted distinction in English law between words and acts. Subsequently, the thesis discusses how unilateral conduct is regulated. For some issues, notably interpretation, revocability and the intention to create legal effect, similar rules apply to the different examples of unilateral conduct. For other issues, especially mistake and form requirements, the rules diverge. It is concluded that unilateral conduct forms a category of legally relevant behaviour in English law. This category is divided in unilateral conduct that creates obligations, quasi-contractual unilateral conduct that varies or discharges obligations and unilateral voluntary property transactions. Whereas quasi-contractual unilateral conduct is closely related to contracts and should thus generally be regulated in a manner similar to contracts, the unilateral voluntary property transaction is a distinct concept, to which specific rules apply.

Notarial deed as an obligatory form of juridical act for disposition mortis causa The purpose of my thesis is to discuss about juridical act for disposition mortis causa which for its validity requires mandatory form of notarial deed with a brief explanation of particular institutes. Submitted work is divided into eight chapters, the first chapter begins with a foreword by which is the work briefly introduced and shows the readers in the issue. The second chapter discusses about the importance of a notarial deed of juridical act for disposition mortis causa and highlights the benefits of drafting these documents by professional lawyer, such as notary, in comparison with risks that might come if the acquirer of these documents decides for a private form. In this chapter I also show on the probative force of public documents compared to private documents. In conclusion of this chapter is a brief list of the mandatory requirement of a notarial deed of juridical act for disposition mortis causa, including authorization to admit and lend these notarial acts. The third chapter deals in detail the "old-new" institute of contract of inheritance, its history and a brief comparison with the institute of donation mortis causa. The fourth chapter of my work pays attention to renunciation of the right of...

My master's thesis titled "Legal Professions involved in the justice system" is focused on a notary public. This chosen legal profession originates from the ancient Rome. In this historical period was constituted a tradition of the profession existing in the continental legal system. Notary public has a specific position among legal professions on grounds of its functions. Notarial activities are patterned on a general legal principle including constitutional conventions (principles). The purpose of my thesis is to analyse and describe a performance of this profession by notaries in their practice. The text of the thesis is composed of seven chapters. The first of them deals with some elementary information about the notary public as a type of legal profession, the difference between legal aid and legal services and eventually the form of regulation of particular professions which are regulated by special Acts such as the Code of Notarial Practice (the Notarial Act). The Chapter Two focuses on the history of this legal profession and the impact on the current form in the Czech Republic. In the Third Chapter titled "A Notary in the legal order of the Czech Republic" I described some key words from their practise and a subject matter, for example a notary (notary public), notarial activity, an...

in English The thesis analyzes memorandum of association and by-laws of a joint-stock company, from both general point of view as well as from the point of their required particular informations. The part concerning general point of view describes and evaluates memorandum of association as document incorporating a joint-stock company, it is described what role is performed by this document throught the whole process of incorporation of a joint-stock stock company and what role is assigned to this document after the company has been established. The part concerning general point of view then covers the by-laws as a document which is a basic norm for functioning of a particular joint-stock company. The functions of a by-laws in relation to the chosen subjects are described and evaluated. The two general parts are connected through the tract about the relation between a memorandum of association and by- laws, where the relation is evaluated and the role and significance of the two documents is compared. The other part of the thesis concerns itself with particular required informations, every one of the information describes and evalutes relevant legal regulation which is confronted with the opinions contained in the scientific literature, in the court decisions and my opinions. Eeach required...

This thesis examines the doctrine of positive prescription of landownership in Scots law, with particular reference to the written deed that is required in order to commence the prescriptive period. The first part of the thesis sets out the historical context in which this doctrine has developed. Due to the civilian foundations of Scots law, the thesis begins with a brief examination of the Roman law of acquisitive prescription. This examination is both historical and comparative as it emphasises the unusual nature of the Scots law doctrine of positive prescription in comparison to Roman and later civilian formulations of acquisitive prescription. The fact that the Scots law of positive prescription has an apparent antipathy to good faith is also analysed in this context. The Roman law examination is then followed by a description of the development of the Early Scots law of acquisitive prescription. This again demonstrates the difference of Scots law from both civilian acquisitive prescription and common law adverse possession. The Early Scots law material is also significant in illuminating the context in which the Scots law doctrine of positive prescription emerged. The existence of limitation based on possession alone is a feature of Early Scots law which is highlighted in this section. The second, and more extensive, part of the thesis focuses on doctrinal analysis of the written deed that is required in order to commence positive prescription in Scots law. This is in turn divided between an examination of the requirement of ex facie validity of the foundation writ and an examination of the requirement that the foundation writ must be habile to include the area in respect of which positive prescription is sought. The thesis demonstrates that the development of the doctrinal formulations of these concepts has not been free from some degree of confusion. However, it is shown that, in the case of ex facie validity, there is a solid principle of interpretation, grounded in consistent authority, which has only fallen from view in recent times. In the case of hability, the underlying principles are not so easily discerned. Nevertheless, it appears that particular principles may be present in respect of the interpretation of hability. The thesis concludes with a discussion of the current and future state of the law of positive prescription of landownership, with particular reference to the impact of land registration.

This thesis titled "Notarial deed with declaration of enforceability" deals with the specific type of notarial deed, which is also enforceable title for enforcement procedure. It is a special type of notarial deed, whose tradition dates back to the 19th century. The aim of this work is to describe notarial deed with declaration of enforceability from the perspective of civil proceedings because it is the legal instrument, which for its flexibility, can in practice, replace Court Judgments. This thesis is divided into five chapters. The first chapter contains a brief historical development of notarial deeds with declaration of enforceability since its adoption into legal system in 1871 to the present. The second chapter deals with notarial deeds as authentic instruments, as well as notarial deeds on legal acts and then by each type of notarial deed with declaration of enforceability, including notarial deed as European Enforcement Order and relationship between the notarial deed with declaration of enforceability and civil adversarial proceedings. The third chapter focuses on notarial deed with declaration of enforceability as title for enforcement procedure and subsequently reviews of a notarial deed within enforcement procedure. The fourth chapter of thesis deals with notaries' responsibility for...

ABSTRACT This dissertation examines the concept of faith and its relation to the righteous deeds as discussed in early Islamic theology and in response to those discussions, develops a theory of faith and righteous deeds from the Qur’an. The major claim of the dissertation is that the faith theories that were developed in early Islamic theology aimed to identify the minimum necessary qualities for the constitution of faith whereas the Qur’anic theory of faith aims to identify the perfecting qualities for faith. Likewise, the faith theories of early Islamic theology visioned a mereological relation between faith and righteous deeds. However, the Qur’an sets a cyclical relation between the two. In this respect, the dissertation offers an avant-garde theory of faith and righteous deeds based on the Qur’an. It proposes a faith theory that aims for perfection, provides a thick definition for the concept of righteous deed, and dissects the cyclical relation between faith and righteous deeds. To propose a complete Qur’anic theory of faith and righteous deeds, it finally discusses the righteous people and their rewards as depicted in the Qur’an. / Religion

In a recent judgment by the Free State Provincial Division of the High Court of South Africa it was decided that a trustee who resigns is only relieved from his duties when his name is removed from the letter of authority by the Master of the High Court. This judgment has caused many questions to be raised regarding the implications of the resignation by a trustee. This judgment and the current legal position of the resigning trustee are investigated in this dissertation. The legal position of the resigning trustee seems to be uncertain, and the mentioned judgment should not be unreservedly accepted as correct. The role and responsibility of the Master of the High Court in this process is considered, as well as the legal position of the resigning trustee, the remaining trustees and third parties contracting with the trust. Certain conclusions are drawn and recommendations are made regarding this aspect of South African trust law. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2009.

In a recent judgment by the Free State Provincial Division of the High Court of South Africa it was decided that a trustee who resigns is only relieved from his duties when his name is removed from the letter of authority by the Master of the High Court. This judgment has caused many questions to be raised regarding the implications of the resignation by a trustee. This judgment and the current legal position of the resigning trustee are investigated in this dissertation. The legal position of the resigning trustee seems to be uncertain, and the mentioned judgment should not be unreservedly accepted as correct. The role and responsibility of the Master of the High Court in this process is considered, as well as the legal position of the resigning trustee, the remaining trustees and third parties contracting with the trust. Certain conclusions are drawn and recommendations are made regarding this aspect of South African trust law. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2009.

The main task of this thesis is to summarize the diplomatics material of guild corporations at Havlíčkův Brod area into integrated form. Bacause of broad topic, the selection was only focused on the textile craft occurring in this region and especially in deeds. In the introducion the work presents history of the guilds from their beginning to the final downfall - focusing on textile production. It summarizes the genaral situation of the surviving monuments. The edition which is created from deeds issued by these corporations and also by publishers for mentioned guilds - this is the main core of the thesis. The deeds are arranged chronologically according particular guilds and towns. They are completed by diplomatic analysis of internal and external signs and by the final study, which summarizes all the research.