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Výkon rozhodnutí týkající se výchovy nezletilých dětí / Enforcement of judgment regarding the raising of minorsSrbová, Gabriela January 2011 (has links)
in English I have chosen as the topic of my thesis "Enforcement of judgment regarding the raising of minors", extended of matters related to international child abduction. Such topic is not being found interesting by me only it is also a very current topic and is being widely discussed in today's society. And yet it is not a topic covered thoroughly enough, in my opinion. I have intended to present those issues of legal regulations that are causing certain difficulties when has been applied in practices, and therefore widely discussed among the professionals as well as the general public. Given the scope of my thesis I was not only engaged in theory, but I was also trying to find items in current legal regulations that shall be improved, despite its recent amendment. I do justify my choice of this topic in the introduction part of the thesis and adumbrate the current social atmosphere of the area. In the second chapter entitled "Management in matters of custody held by the juvenile court," I analyze the issues related to the so called "best interests of the child". In the third chapter I am specifically dealing with various aspects of enforcement of judgment regarding the raising of minors, which primary contains the legal regulations that have been issued pre and post the latest amendment,...
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Právní moc a vykonatelnost rozhodnutí / Legal effect and enforcement of judgmentPetriláková, Petra January 2012 (has links)
The aim of this diploma thesis is to describe the main properties of the legal judgment in a private law - legal effect and enforcement. The focus is on the accurate analysis of the traditional institutions of the private process. It is not examined only from the point of view of the valid legal regulation but also according to the reasoning of the legal theory and from the conclusions of the legal practice. Theoretical interpretation is often supported by practical examples that are used to improve the intelligibility of the thesis and understandability of individual problems. The diploma thesis is mainly focused on the issue of the legal effect of judgment. In relation with that there is explained the essence and purpose of this institution. Legal effect is conceived as the set of the specific properties (impacts), that the judgment acquires when the legal presumptions are fulfilled. There are defined the concepts of the formal and material legal effect including their mutual relation. Attention is also given to the individual impacts of the legal effect as the finality, the immutability and the obligation of the judgment. There is described not only its legal nature but also the specific utterances and consequences of its application. Following interpretation of bounds of the legal effect tries...
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Povinnost péče řádného hospodáře člena voleného orgánu kapitálové obchodní společnosti a důsledky jeho porušení / The duty of due managerial care and diligence of the member of en elective body of a limited company and the consequences of its breachŠubertová, Karolina January 2013 (has links)
The purpose of this thesis is to compare the standard of due care in contemporary legislation as well as in the new upcoming legislation which should become effective as of 1 January 2014. Furthermore, the thesis is focused on consequences of breach of the standard of due care by persons in position of members of elected bodies of capital business companies and / or business corporations. The thesis is composed of six chapters. Chapter One is introductory and deals with history of the standard of due care in the Czech legislation from the period of the General Civil Code to the recodification of civil law and commercial law represented by two crucial statutes - the new Civil Code and the Business Corporations Act. Chapter Two deals with contemporary valid and effective legislation concerned with the standard of due care and its main components. In Chapter Three I tried to emphasize the changes which we will experience in the new legislation. Especially, I mean the newly introduced business judgment rule which was inspired and implemented to the Czech legislation on the basis of modern foreign legislations - US and Germany. Chapter Four presents selection of case law of the Supreme Court of the Czech Republic which repeatedly commented on the standard of due care in practice and its related aspects...
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Zásada koncentrace v civilním procesu / The Principle of Concentration in Civil ProceedingsOnderková, Kristýna January 2017 (has links)
The principle of concentration as one of the fundamental branch principles of civil proceedings consists in the obligation of the parties to perform certain procedural actions in specific stages of adversarial proceedings in order to speed up the proceedings and the decision of the court. Its purpose is to avoid delays in proceedings and provide effective judicial protection of subjective private rights of the parties. This principle plays an important role in Czech civil law. At the same time, some elements of the statutory concentration, which apply in the Czech legal system, are connected with certain problematic aspects. These particularly include rigidity of statutory concentration associated with the absence of the possibility of court's flexible actions and the anchor of fictitious judgment by acknowledgement as a consequence of the defendant's procedural passivity. The main goal set out by the author of this piece of work is to introduce individual elements of concentration in the Czech law, analyze their shortcomings, and propose some possible solutions through comparison with the Slovak adjustment mechanism of concentration. In the first part, the author analyzed the individual elements of concentration in the current applicable Czech legislation and put them in historical context. The author...
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Cognitive Biases in Childhood Anxiety Disorders: Do Interpretive and Judgment Biases Distinguish Anxious Youth from their Non-anxious Peers?Cannon, Melinda 14 May 2010 (has links)
The purpose of this study was to examine cognitive biases in clinically anxious children compared to normal children and to determine if cognitive biases could discriminate anxious youth from non-anxious youth. Two specific cognitive biases were the focus of the present study—interpretive biases (i.e., the tendency to interpret neutral stimuli in a negative way) and judgment biases (i.e., a lowered estimate of one's ability to cope with a threatening situation). Twenty-four youth comprised the anxiety disordered sample and were each matched to two normal youth on four demographic variables (gender, age, ethnicity, and family income level), thus the matched comparison sample consisted of 48 youth (ages 7 to 17). Interpretive biases were assessed with the Children's Negative Cognitive Error Questionnaire (CNCEQ) and judgment biases were assessed with the Anxiety Control Questionnaire—child form (ACQ-C). In addition, self-reported symptoms of anxiety and depression and parent-reported internalizing and externalizing symptoms were measured. Results indicated that (1) children in the clinic sample exhibited significantly more interpretive biases and judgment biases relative to the control sample, and scored significantly higher on measures of anxiety, depression, and parent-reported internalizing and externalizing symptoms relative to the control sample, (2) the ACQ-C demonstrated incremental validity over the CNCEQ in predicting diagnostic status, (3) the ACQ-C predicted diagnostic status while controlling for Generalized Anxiety Disorder symptoms and parent-reported internalizing and externalizing symptoms, but not while controlling for RCMAS (anxiety) and CDI (depression) scores, and (4) the relationship between the CNCEQ and diagnostic status was moderated by age and gender. This study adds to the research literature by demonstrating elevated CNCEQ scores among youth with anxiety disorders compared to non-anxious youth and extends findings with the ACQ-C by showing its incremental validity beyond the CNCEQ. The results also add to the understanding of the assessment of negative cognitive vi errors by highlighting developmental and sex differences in their association with anxiety disorder status in youth. Implications of the positive findings for theory and practice are noted and theoretical and methodological reasons for the negative results are discussed to highlight suggestions for future work in this area.
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Hannah Arendt's Theory of Political JudgmentSchwartz, Jonathan Peter January 2014 (has links)
<p>Hannah Arendt's theory of political judgment has been an ongoing perplexity among scholars who have written on her. As a result, her theory of judgment is often treated as a suggestive but unfinished aspect of her thought. Drawing on a wider array of sources than is commonly utilized, I argue that her theory of political judgment was in fact the heart of her work. Arendt's project, in other words, centered around reestablishing the possibility of political judgment in a modern world that historically has progressively undermined it. In the dissertation, I systematically develop an account of Arendt's fundamentally political and non-sovereign notion of judgment. We discover that individual judgment is not arbitrary, and that even in the complex circumstances of the modern world there are valid structures of judgment which can be developed and dependably relied upon. The result of this work articulates a theory of practical reason which is highly compelling: it provides orientation for human agency which does not rob it of its free and spontaneous character; shows how we can improve and cultivate our political judgment; and points the way toward the profoundly intersubjective form of political philosophy Arendt ultimately hoped to develop.</p> / Dissertation
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Vybrané rozsudky Soudního dvora EU v oblasti svobody usazování právnických osob / Freedom of establishment of legal entities and review of selected EU Court judicatureSládková, Jitka January 2010 (has links)
This work deals with freedom of establishment of legal entities inside EU. It focuses on evaluation of EU Court judicature. Inside thesis work are described basic terms connected with freedom of establishment including personal status determination and procedure of preliminary ruling.
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The role of identification for the motivational force of moral judgmentsHenningsson, Susanne January 2019 (has links)
What is the relationship between judging something as good and being motivated to acton this judgment? Motivational internalism is the thesis that there is a necessaryconnection between moral judgments and motivation. Externalists typically believe that ajudgment-independent desire is needed for the moral judgment to be motivating. Tobridge the gap between internalism and externalism, a few philosophers have appealed totheories of identification-based moral judgments. This implies that although moraljudgments may not be necessarily motivating in general, it could be possible to define acertain kind of identification-based moral judgment that is necessarily motivating. HereinI will examine the role identification plays for moral motivation. I will first analyse anargument that uses an identification-incompatible moral judgment to show thatinternalism is false. I will argue that this argument is unconvincing and that identificationdoes not preclude identification-incompatible moral judgments from being motivating.The identification-based argument hence does not support that internalism is false.Second, I will argue that identification can provide the motivational force needed to makecertain identity-based moral judgments necessarily motivating. This identification-basedaccount does however, I will argue, not support internalism. Despite presenting a kind ofmoral judgment that is necessarily motivating, it is an externalist account of theconnection between moral judgments and motivation since a judgment-independentdesire is a necessary source of its motivational force.
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Do we prefer consensual advice - even when it is detrimental to our judgment quality?Wanzel, Stella Katherina 11 December 2017 (has links)
No description available.
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Komparace rozsudku pro zmeškání v české a španělské právní úpravě / Comparison of Judgment by Default under Czech and Spanish LawŠvábová, Marie January 2018 (has links)
1 Comparison of Judgment by Default under Czech and Spanish Law Abstract This diploma thesis addresses Czech and Spanish legislation with respect to judgement by default and the subsequent compassion thereof. First chapter focuses on the defendant's default under Czech law, more specifically on the concept of the defendant's default during court proceedings, conditions that must be met in order to deliver a judgement by default, impermissibility of delivering a judgement by default, excusable grounds of default as well as the remedies that can be relied upon against such judgement. Second chapter follows with a description of Spanish legislation on the defendant's default during court proceedings. It deals with the concept of the defendant's default during court proceedings, conditions under which it is possible to issue a declaration of defendant's default, consequences associated with the defendant's default during court proceedings, delivering court documents to the defendant and to application for annulment of the final decision on the matter of the defendant in default and other remedies available to the defendant under Spanish law. The final chapter of the thesis outlines important differences which the author came across whilst studying each legislation. The author attempts to draw her own critical...
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