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La Rupture du contrat de bail par le bailleur. Etude de trois baux à statut : le bail d'habitation, le bail commercial et le bail rural. / The breach of lease by the lessor. Study of three particular lease contracts : residential lease, commercial lease, rural lease.Maisonneuve, Caroline 16 October 2015 (has links)
Résumé de la thèse - La rupture du contrat de bail par le bailleur. Etude de trois baux à statut : le bail d'habitation, le bail commercial et le bail ruralLe contrat de bail est un contrat usuel où le locataire est dans une situation de dépendance particulière à l'égard du bailleur. Contrat d'adhésion, le contrat de bail est conclu entre un locataire, réputé être la partie faible et un bailleur, considéré comme la partie forte du contrat. Afin de prévenir la sortie du locataire au gré du bailleur, le législateur est intervenu pour protéger le locataire et organiser le maintien de la relation contractuelle. Les nombreuses législations en la matière ont contribué à rendre les règles gouvernant les baux à statut peu accessibles et lisibles, ce qui nuit à la sécurité juridique et au marché locatif.Une étude approfondie de la rupture du contrat de bail par le bailleur révèle que ce dernier est limité dans sa volonté de rompre la relation contractuelle. D'une part, la rupture est soumise à des conditions strictes et nombreuses. D'autre part, la législation favorise dans de nombreuses hypothèses la continuation de la relation contractuelle au détriment des intérêts du bailleur. La rupture du contrat de bail apparaît donc délicate pour le bailleur, confronté à une multitude d'obstacles. Il est donc utile de procéder à l'identification des modes de rupture du contrat de bail dont dispose le bailleur et, en contrepoint, des moyens mis en place par le législateur pour organiser la continuation de la relation contractuelle en privant le bailleur de la possibilité de rompre celle-ci.La thèse a pour objet de mettre en lumière que la situation du bailleur est difficile, tant les possibilités de mettre fin au contrat de bail sont encadrées. Elle a ainsi vocation à servir de grille de lecture au bailleur, afin de le guider au travers des voies méandreuses qui peuvent lui permettre, parfois, de sortir du contrat de bail.Enfin, l'étude des trois baux à statut, que sont le bail d'habitation, le bail commercial et le bail rural, permet de les comparer et d'observer les différences de traitement du bailleur à la fin du bail, alors que les statuts ont le même dessein, à savoir protéger le locataire et assurer la stabilité contractuelle. / Abstract of Thesis - The breach of lease contract by the lessor. Study of three particular lease contracts : residential lease, commercial lease and agricultural lease.The lease contract is a standard contract where the lessee is dependent on the lessor. Typical exemple of an agreement contract, the lessee is deemed to be the weaker part while the lessor is considered the strongest one of the contract. In order to prevent the release of the lessee at the option of the lessor, the legislator has intervene to protect the lessee and organise the continuation of their contractual relationship. The many laws as regards have helped to make the rules around low status leases, less accessible and readable which undermines legal security and rental market.A thorough study of breach the contract by the lessor reveals that he is limited in his freedom of breaking the contractual relationship. On the one hand, the breach of the contract is subject to strict and many conditions. On the other hand, the legislation promotes in most cases the continuation of the contractual relationship to the detriment of lessor's interests. The breach of the contract appears delicate for the lessor and full of obstacles. So we're talking to proceed with the identification of breaking modes of the lessor and, to happen concurrently, means established by the legislature to organize the continuation of the contractual relationship preventing lessor to end it.The aim of this thesis is to emphasize the fact that lessor's situation is complicated, so the possibilities to put an end lease are regulated. It also is meant to be a reading grid for the lessor, in order to guide him in the intricacies of the ways which could allow him out of the lease contract.Finally, the study of the three lease contracts with statutes, residential lease, commercial lease and agricultural lease, enables to compare them and notice the treatment differences of lessor at the end of contract, whereas the statutes have the same purpose, meaning protect the lessee and ensure the contractual stability.
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Students' Participation in an Alternative to Suspension ProgramStovall, Yolanda Jordan 01 January 2017 (has links)
Black and Hispanic students in the United States are suspended at a higher rate and lag behind White students academically. This project study examined student achievement and behavior in an alternative to suspension (ATS) program at a Midwest U.S. high school. The purpose of this mixed methods, concurrent embedded strategy study was to determine if participation in the ATS program decreased disciplinary referrals and improved student performance. This study was guided by social control theory, which suggests that when students are disengaged in the school environment, student/teacher and peer relationships are damaged and students turn toward delinquent behavior. The study sample included 22 students who were referred to the program in 2012-2013, 12 of whom attended the ATS program and 10 (the control) who did not. Quantitative data were analyzed through chi-square analysis, nonparametric Mann-Whitney U and independent t test, and qualitative data were analyzed for emerging themes. The quantitative results showed no significant relationships between student participation in the ATS program, the number of referrals received, and academic performance, and no significant difference in referrals by ethnicity. The qualitative analysis showed six themes describing the program's structural aspects: program structure, goals and vision, parental involvement, staff support, student gains in behavioral and social skills, and collaborative elements. A curriculum plan was created to proactively support 9th graders as they enter high school. These results and the curriculum plan promote positive social change by informing school personnel of the benefits of being proactive in addressing student achievement and discipline through support programs and other interventions, increasing the graduation rate and reducing the current school-to-prison pipeline.
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Maření výkonu rozhodnutí o správním vyhoštění / Obstructig the enforcement of decision on expulsionAdámková, Karolína January 2017 (has links)
The thwart of the execution of decision of administrative expulsion The aim of this paper is to elucidate some problems of foreign law, specifically the duplication of the regulation of the thwart of the administrative decision, i.e. whether to proceed in accordance with the Act on the Residence of Foreign Nationals in the Czech Republic or the Criminal Code and thus determine which of these adjustments takes precedence. In this paper, therefore, the two institutions are thoroughly analyzed, including the genesis of their origins and possible changes in the amendments, as well as their impact on foreigners. In addition, related institutions were analyzed, such as decisions on the obligation to leave the territory, or the retention and detention of an foreigner, which may influence decision making on the use of such legislation. In this paper the valid and effective legislation of the Czech Republic, as well as the case law, not only of the Czech courts, but also of the international courts, such as the Court of Justice of the European Union or the European Court of Human Rights, have been analyzed. Using a detailed search, using statistics from authorized state authorities as well as a collection of cases, we have found that the variability in the use of both institutes, or institutes of others or...
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Hospodářský vývoj Československa v letech 1945 až 1948 / Economic Development of Czechoslovakia in the Years 1945-1948Pazdera, Lukáš January 2014 (has links)
The diploma thesis is focused on the economic development of Czechoslovakia after 1945 up to the political takeover in 1948, when communists finally assumed power. The work offers the view of Czech economy influenced by the experience of the Great Depression in the 1930s, occupation and the transformation of economic thinking in Europe. The main concern is to answer the questions to what extend the post-war reconstruction was successful, what the political conditions of the changes in our economy were and which economic results they produced. The land reform, final solution of German question by the expulsion of Germans, nationalisation of industry, codification of two-year economic plan and refusal of the Marshall plan are considered to be the key points. The allience with the Soviet Union played an important role too. The main conclusion of the work is that, in Czechoslovakia, the successful transformation from war economy to a mixed economy, in which the main role of the state was supplemented by a private sector, was accomplished. The existence of different alternatives of development, which could not be realized because of the increasing influence of communists in the government, is considered to be the key factor for the economic development in the years 1945-1948.
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Strengthening Relationships among Teachers and Caregivers in Early Care and Education: A Strategy to Prevent ExpulsionJanuary 2020 (has links)
abstract: Across contexts, researchers have exposed the immense impact that early childhood experiences and high-quality caregiver relationships have on a developing child, which has resulted in much motivation to increase the quality of early care and education (ECE) programs at a national level. Unfortunately, as research has revealed the positive influence that quality ECE has on a child’s ultimate outcomes, it has also shed light on a social problem that intricately affects society: preschool expulsion. To address this issue, several interventions have been created, however the teacher-caregiver relationship has yet to be a central point of solution. Therefore, a relational cultural communication training (RCCT) was developed to support teachers as they work with families whose children are at-risk for expulsion, and it served as the intervention that was studied in this action research project.
This mixed method action research study (MMAR) sought to examine the constructs of empathy and culture as they pertain to teacher-caregiver relationships from the vantage point of the eight ECE teachers that participated in this project. Specifically, interview transcripts and journals were qualitatively assessed to illuminate teacher perspectives on the roles that both culture and empathy play in relationships with caregivers whose children are at-risk for expulsion. Further, the study examined teacher attitudes towards engaging with caregivers before and after the RCCT intervention using interviews, journals and an evidence-based pre- and post-survey tool as data sources. Bioecological systems theory (BST) and relational cultural theory (RCT) framed the research questions that guided this project.
Results suggested that the RCCT was a useful intervention that supported ECE teachers in their ability to connect with caregivers whose children are at-risk. Particularly, findings revealed that (a) ECE teachers do feel that both empathy and culture influence their ability to connect with caregivers, (b) RCCT was helpful in shifting teacher practices with families from an empathy standpoint, and (c) cultural differences and negative interactions adversely informed a teacher’s relational capacity with caregivers, ultimately adversely affecting child outcomes. The discussion of these findings summarizes study conclusions and how they might inform practice, implications for future research and practice, and limitations to consider. / Dissertation/Thesis / Doctoral Dissertation Educational Leadership and Policy Studies 2020
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Vimperk v letech 1938 - 1945 / Vimperk in 1938 - 1945Dalíková, Jana January 2020 (has links)
The aim of this diploma thesis is to introduce Vimperk between the years 1938 and 1945. The work is based on the study of the archival documents in the relevant archives in the Czech Republic and on the articles in the regional volumes. The first part of this work contains the literature and archival sources used in this work. The introduction of the history of the town until 1938 and the World War II follows. These are supplemented with the basic pieces of information about the history of World War II. Without that it would not be possible to set this small town into a wider context. The main part of this work is to elaborate the way of life in Vimperk during these years, which is mostly based on the study of the archival documents. The majority of people in this area were Germans. In 1938 was the area called "Sudetenland" anexed to the Hitler's Germany. Then followed the World War II and the men from this region had to join the German army, many of them didn't survive until the end of the war. The conditions of life of the civilians got worse with the time. In the end of the war there were also thousands of refugees, who also needed help. Public affairs in the town reduced more and more on keeping the state, everything was controlled by the Nazi organisations. As the front line was getting...
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Postmemorativni narativ vyhnání sudetských Němců v české literatuře a filmu. / The Postmemorial Narrative of the Expulsion of the Sudeten Germans in Czech Literature and Film.Schwarz, Marie Bettine January 2017 (has links)
Cultural memory and its media have a productive power in constructing historical nar- ratives. Especially, in Central and Eastern Europe, memory is mostly created through bottom- up processes: The past is mediated in the public sphere and imagined in popular culture (Blacker, Etkind 2013: 10). The velvet revolution is followed by a memory boom in the Czech Republic, in which media acts as memory activists addressing tabooed memories. At a time where the last witnesses of the expulsion are passing away, the dying voice is taken up by media This thesis aims to explore the determinant patterns of the Czech narrative in post-1989 fiction. Particularly, it focuses on postmemorial representations. The thesis is based on an anal- ysis of five fictional works dealing with the expulsion of the Sudeten Germans. The expulsion is embedded in the century-long co-habitation with the Sudeten German depicted as a neigh- bour. However, the Sudeten Germans are only incorporated into a regional but not the national Czech identity. While the expulsion is reframed in an ethical-legal framework, on a narrative level strategies of individualisation and universalisation are employed to make the past acces- sible for those born later.
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Odsun/vyhnání v českých a německých kulturách vzpomínání / Transfer/Expulsion in the czech and german memory CulturesSmyčka, Václav January 2019 (has links)
The thesis analyzes how the expulsion of Germans from Czechoslovakia is treated, interpreted and staged. It concentrates on two questions: what strategies do the authors use to recover the memory of the events and how do the different communities translate and share their memories? In the first part I sketch the development of the political contexts and discourses of expulsion in German and Czech memory culture on the basis of the model of ‚floating gap' by Jan Assman. In the second part, I present seven ‚strategies of commemoration' (Documenting, Interpreting, Investigating, Exhibiting of fragmentarized Memories, Swearing/staging of Trauma, Drawing of Genealogies, Reading in Landscapes), which the authors use in Literature (and Art) to represent the expulsion. The third part focuses finally on the problem of intercultural translation of memories, its shareability and the inner dialogism. The constant line of the analysis is the irreductibility of connection of memory and forgetting, which underline each other from the level of text to the level of memory politic.
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Proměny krajiny a obyvatelstva v českém pohraničí po roce 1945 se zaměřením na Hrubý Jeseník / Changes in Landscape and Population in the Czech Borderlands after 1945 with a Focus on the Hrubý Jeseník Area.Uvízlová, Tereza January 2020 (has links)
The thesis "Changes in Landscape and Population in the Czech Borderlands after 1945 with a Focus on the Hrubý Jeseník Area" describes and looks into transformations of our country's borderlands from the end of World War II to circa 1960. The thesis summarizes a series of complex events and processes. Key subtopics include the expulsion of former inhabitants and the settlement of newcomers. Tied or directly linked to these two subtopics are various other processes that took place in the area. The thesis touches upon forced collectivization, the disappearance of human dwellings, landscape changes, the state authorities that implemented borderlands policy, population groups moved to this area, the return migration from the borderlands, the settlement efforts in the 1950s, etc. Another part of the thesis expounds post-war circumstances in the Hrubý Jeseník area, i.e. in the districts of Bruntál, Rýmařov, Jeseník, and Šumperk. Since after the war, the failure of the settlement policy has had immediate and long-term consequences for this region, even more so than in other border areas. The chapter about Hrubý Jeseník presents the main reasons of the region's sparse population and profound transformations. Changes in the population and life of a foothill village are illustrated with an example of Dolní...
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Exclusionary Disciplinary Policies in a K-12 School District through the Lens of Remote Learning: A Fresh Perspective on Expelled and Suspended StudentsHarkness, Karen N. 17 May 2022 (has links)
No description available.
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