The arbitration in consumer disputes ABSTRACT The topic of this thesis is especially arbitration in consumer disputes. The general part of work dedicates the historical progress of arbitration and common attribute of arbitration and also takes into account the role of the courts in arbitration proceedings with respect to some aspects of consumer disputes in particular. A special part of this work deals with advantages and disadvantages of arbitration from the point of view of consumer and special legislation in arbitration in consumer disputes as well. The aim of the work is to evaluate if the arbitration is suitable way to decision making in the area of consumer disputes in comparison with functionality of arbitration in commercial disputes, and also the aim is to find an appropriate way to settlement of consumer disputes in arbitration, if there is one.

The aim of my thesis is to analyse the limits of arbitrability of labour disputes in Czech Republic and to describe Austrian labour-arbitration law. Subsequently I would like to focus on possible solutions of problems linked with arbitrability of labour disputes in Czech Republic. The reason for this study is my interest in both Czech and international arbitration. There is only a few papers which deals with arbitrability of labour disputes in Czech Republic although it is in my opinion very interesting and controversial topic. In connection with changes, introduced by the new Civil Code on 1st of January 2014, the Czech civil law is much more similar to the German and Austrian civil law than it was before. Due to this fact I focus on Austrian arbitration act, which could be important source of knowledge for amendments to Czech arbitration act. The thesis is composed of eight main chapters. The first chapter discusses arbitration in general. The second and third chapter describes alternative dispute resolutions and some other types of out-of-court settlements of both collective and individual labour disputes in Czech Republic. Chapter four explains arbitration and alternative resolution of labour disputes under German and Austrian acts. Chapter five provides an outline of relevant Czech case law. This...

The thesis deals with the regulation of individual labour disputes settlement provided for in the law systems of the EU member states. The law systems chosen for comparison are the ones of the Czech Republic, England and France. In the first chapter there is an outline of the obligations resulting from the international and European legislation in the area of labour disputes settlement. In the following three chapters the Czech, English and French regulations are described subsequently. The individual regulations of the above mentioned countries are analyzed with reference to the institutions endowed with authority to settle individual labour disputes, the participation of lay members in the process of decision making, the proceedings at the courts of first instance as well as the proceedings at the higher courts and last but not least with reference to the means of alternative dispute settlement. In the second chapter dedicated to the Czech regulation the historical context is also mentioned. In the final part of the thesis the results of the analysis are compared and suggestions for the future Czech regulation of labour disputes settlement are offered.

Trade unions organizations in employment relations The thesis deals with trade union organization as the most important representative of employees in collective employment relations. The purpose of this thesis is to describe a task of trade union organization as a legal subject from the view of legal theory, as well as from the view of contemporary legal regulation which has recently been substantially changed due to the recodification of private law. These contemporary amendments change a status of trade union organization as a legal person. These amendments have been followed by many interpretative difficulties. The thesis further describes activities and rights of trade unions as a subject with regard to first, the last amendments in legislation and second, the current jurisprudence. The thesis is divided into five chapters: The first chapter is focused on a position of trade unions in collective labour law, their specificities according to legal theory, historical background of trade association, international and domestic legislation of the right to trade association, position of trade union organization as a legal subject and other aspects such as hierarchy among trade union organizations. The second chapter deals with traditional rights and obligations of trade unions in collective labour...

Diese Arbeit ist als Übersicht der Wege der Lösungen der arbeitsrechtlichen Beziehungen mit dem Fokus überwiegend auf die kollektiven arbeitsrechtlichen Streitigkeiten konzipiert. Die Arbeit teilt sich auf drei Hauptabschnitte: die tschechische Gesetzgebung, die deutsche Gesetzgebung und dann ihren Vergleich. Ein unbeträchtlicher Teil der Arbeit verfolgt den Vergleich der Gerichtsbarkeit in Arbeitssachen, wo die tschechische Agenda im Rahmen der allgemeinen Gerichte gelöst wird und die deutsche das Institut der Arbeitsgerichte benützt. Das Kapitel des Vergleichs beginnt mit einer tabellarischen Übersicht des Verfahrens. Erwähnt ist auch die Effektivität beider rechtlichen Ausgestaltungen. Unwesentlich sind die alternativen Wege der Lösung arbeitsrechtlicher Streitigkeiten erwähnt, und zwar mit dem Vergleich der Schlichtung und der Mediation. Das Hauptthema sind die aus den kollektiven arbeitsrechtlichen Beziehungen entstandenen Streitigkeiten, insbesondere aus den kollektiven Verhandlungen in der Tschechischen Republik und aus den Tarifverhandlungen in Deutschland im Rahmen der Abschließungen der kollektiven (und in Deutschland der Tarif-) Verträge. Der wichtige Ausdruck dieser Beziehungen ist unter anderem die spezifische Weise der Durchsetzung der kollektiven Interessen, und zwar mithilfe der...

Resumé: This thesis titled "Damages in Investment Disputes" deals with analysis of various types of damages in investment arbitrations. To approximate this theme author tries to use the case study methot for various terms of international investment law. The aim of this thesis was to try to summarize theoretical definition of damages, using its various types and reasons of their origin. Described is contractual basis, from which damages arise in causal nexus, but also particular instrumets of investment arbitration and its jurisdictional practice. Thesis is divided (without counting the introduction and conclusion) into three chapters, which are further divided into sub-chapters, possibly into additional parts. First chapter is an excursion into common theory of international investment law with focus on damages. It encloses though theoretical basis, but also individual contractual recourse. The theory basics is suplemented with evaluation of basic terms, like investment and damages in international investment arbitration. Its component is also definition of investment from jurisdictional practice (Salini test). Second chapter is focused on definition of damages and its various types. Starting point to this is also definition of mostly used methods to determine amount of damages. As basics is used fair and...

RESUMÉ Legal status of an Arbitrator Arbitration especially in 20th century developed into a fully qualified alternative instead of solving property disputes by means of general Courts. It is necessary to point out that the aspects which differ it from civil process and frequently targets of polemics. Even though the development of the arbitration in the Czech Republic has been considerable in the last decade and both general Courts and Constitution Court has responded with sufficient intensity, there are still some areas of unstable arbitration. Arbitration comes with considerable amount of advantages in comparison with general Courts, but also it brings some topics which are often criticized. That is often caused by a specific point of view not regarding every aspect. In arbitration there is a possibility to influence composition of arbitrary forum, which is a typical example of problems coming from different adaptations. This adaptation is absolutely different from the one of trials, where on the contrary there is the rule of regular judge, which is warranted by exact definition of the matter, place and function. In arbitration both parties to a contract are allowed to choose an arbitrator regarding his qualification, specialization, professional skills and reputation which is an advantage for the...

This thesis takes as a focal point an important Archbishop of the Greek community in Venice, Meletios Typaldos, who lived in the turbulent era of the late seventeenthearly eighteenth century (1651-1713). An enquiry into the course of his life was deemed worthy of scholarly research: first, because he had not been till now adequately investigated; second, because he is a multi-faceted personage who is highly representative of the ambiguities of that historical period but also clearly and sophisticatedly involved in them. In addition, a study of his life and work reveals a great deal about the religious and cultural beliefs and bias of the flourishing Greek Diaspora of Venice during this historical period. The dissertation investigates initially the political background within which Venice played a crucial role. Moreover, it brings to the fore the religious conflicts of the era as well as the renewal of the theological and philosophical ideas related to scholastic Aristotelism, derived from the teachings at Padua University which spread to the territory of the city-state of Venice. The emphasis in the dissertation is to focus on the impact that these ideas had on the beliefs and views of Typaldos. Principally, the thesis disambiguates the initiatives of Meletios Typaldos who, as head of the Orthodox Church in Venice, planned to convert the Orthodox Greeks to Catholicism without taking into consideration the church body, i.e., the Greek Orthodox clergy and congregation. In contrast to the prevailing view that his ambition to become a cardinal drove him to the acceptance of the Catholic doctrine, this dissertation argues that Typaldos’ activities were inspired by his desire to play a crucial role in a Uniate Church under the Pope’s auspices, with the ultimate ambition to convert all Greeks to it. Finally, specific attention has been given to the resistance of the Greeks of Venice to Typaldos’ plans. After examining the evidence, the thesis concludes that the will of the Greek Confraternity to maintain its social independence -that was guaranteed by the Venetian state - and its passionate desire to maintain unchanged the Confraternity’s Greek ethnic and religious identity are the main causes that determined its reactions against Typaldos. The conflict between the Archbishop and leadership of the Greek community ended in Typaldos’ excommunication by the Patriarchate of Constantinople and, with the loss of his leadership, the decline of the Greek Community of Venice.

The aim of the study is to, with a norm critical perspective, highlight how men and their parenting are represented and framed in child custody investigation reports in Sweden. The main focus is to show norms and beliefs about men and their parenting as several sources indicate that discrimination related to gender and ethnicity occurs. Based on a qualitative research effort, a document analysis has been made by 14 child custody investigation reports from diverse areas in the country. Through a thematic analysis tree themes became apparent. “Culture as an explanation”, “Gender inequality and women understand women best” and “The receiving father vs. the authoritarian father”. The selected theories that have been used to create an understanding of our research problem are the gender system and postcolonial theory. The results gave us the conclusion that in this context both structural discrimination and racial prejudices towards fathers are apparent in many cases.

Research report for the degree of Master of Arts in Industrial Sociology, submitted to the Faculty of Humanities, University of the Witwatersrand, Johannesburg / This research paper studied the recent labour unrest in the East Rand as there has been a rise in the number of marches and demonstrations led by the precarious workers to several workplaces. [No abstract provided. Information taken from introduction] / 2017