This dissertation is a critical analysis of the provisions of sec 64(l)(b) and (c), 66(2)(b) and 77(l)(b) and (d) of the Labour Relations Act 66 of 1995 which prescribe notice of industrial action as a requirement of protected industrial action in South Africa. It traces the historical background of the requirement. It also addresses issues such as the purpose(s) of the notices, their scope of application, meaning, implications, who must give notice, to whom must notice be given, timing, computation, their duration, the consequences of failure to comply with them and various potential difficulties in the practical application of the notice requirement as well as the unintended consequences flowing from the provisions. Recommendations are made for the amendment of the Act in certain respects. The dissertation concludes that there is no justification for the inclusion in the Act of this requirement. The law is stated as at 30 September 2005. / Jurisprudence / LL.M.

This dissertation is a critical analysis of the provisions of sec 64(l)(b) and (c), 66(2)(b) and 77(l)(b) and (d) of the Labour Relations Act 66 of 1995 which prescribe notice of industrial action as a requirement of protected industrial action in South Africa. It traces the historical background of the requirement. It also addresses issues such as the purpose(s) of the notices, their scope of application, meaning, implications, who must give notice, to whom must notice be given, timing, computation, their duration, the consequences of failure to comply with them and various potential difficulties in the practical application of the notice requirement as well as the unintended consequences flowing from the provisions. Recommendations are made for the amendment of the Act in certain respects. The dissertation concludes that there is no justification for the inclusion in the Act of this requirement. The law is stated as at 30 September 2005. / Jurisprudence / LL.M.

In the United States, notice and choice remain the most commonly used mechanisms to protect people’s privacy online. This approach relies on the assumption that users provided with notice will make informed choices that align with their privacy expectations. The goal of this research is to empirically inform industry and regulatory efforts that rely on notice and choice to protect people’s online privacy. To do so, we present a set of case studies covering different aspects of privacy notice and choice in four domains: online behavioral advertising (OBA), online social networks (OSN), financial privacy notices, and websites’ machine-readable privacy notices. We investigate users’ privacy preferences, information needs, and ability to exercise choices in the OBAdomain. Based on our results, we provide recommendations to improve the design of notice and choice methods currently in use in this domain. In the context of OSNs, we explore the effect of nudging notices designed to encourage more thoughtful disclosures among Facebook users and recommend changes to the Facebook user interface aimed to mitigate problematic disclosures. We demonstrate how standardized notices enable large-scale evaluations and comparisons of companies’ privacy practices and argue that standardized privacy notices have an enormous potential to improve transparency and benefit users, privacy-respectful companies, and oversight entities. We argue that, in today’s complex Internet ecosystem, an approach that relies on users to make privacy decisions should also empower them with user-friendly interfaces, relevant information, and the tools they need to make privacy decisions. Finally, we further argue that notice and choice are necessary, but not sufficient to protect online privacy, and that government regulation is necessary to establish necessary additional protections including access, redress, accountability, and enforcement.

This thesis explores the doctrine of judicial notice, particularly as it applies in the context of anti-poverty litigation. I invoke a theory of judgment which centres valid judgment on the practice of an "enlarged mentality." I argue for an interpretation of judicial notice that can assist judges to approach their task in this way. First, judicial notice should be animated by the fundamental principles of the legal system. including equality. Second, judicial notice must be attentive to the different kinds of "facts" that could be subject to notice, and the criteria for notice that are appropriate in each case. Third. judicial notice requires an active posture on behalf of judges, which finds support in legal norms about impartiality and the duty to give reasons. Finally, judicial notice requires judges to be actively attentive to the content of their own common sense.

The aim of the thesis is to analyse different kinds of apartment lease termination. The reason for choosing this subject was common occurrence of this institute in a real life. In my opinion this thesis could be interesting not only for lawyers, but for the common people as well. The thesis is composed of five chapters. Chapter One is introductory and defines basic terminology used in the thesis: apartment, accessories of the apartment, apartment lease and lease contract. Chapter Two focuses on the apartment lease termination. It divides the termination in two different types - absolute and relative apartment lease termination. Chapter Three concentrates on absolute apartment lease termination. The most important kinds of absolute apartment lease termination are described there. The notice made by the lessor dominates among these kinds. The chapter Four analyzes different types of relative apartment lease termination. It deals with various changes either on the side of the leasee or the side of the lessor. The exchange of the apartment is mentioned in this chapter as well. The chapter Five looks at special kinds of apartment and consists of two parts according to these kinds - cooperative apartments and apartments for handicapped people. Different ways of apartment lease termination, which come on...

The purpose of my thesis is to compare the legal regulation of notice of termination of employment in the legal systems of the Czech Republic and Slovakia. The thesis consists of the introduction, conclusion and six chapters, each of which contains a comparison of various aspects of the two regulations. The introduction sets out the reasons for which I chose this topic and the method of processing my thesis. The first chapter characterises notice in general, its cancellation and requirements, i.e. the written form and the delivery of the notice. The second chapter focuses on the notice given by an employee and on particularities of the Czech regulation of the notice related to the transfer of rights and obligations arising from the employment relationship and the counterpart of such notice in Slovak labour law, which is the termination by agreement. Notice given by the employer is discussed in the third chapter. This chapter consists of three parts. The first part highlights the comparison of individual reasons of the notice, the second focuses on cases in which the notice is prohibited, and the third on the substantive conditions of the notice. The fourth chapter is divided into two parts. The first part discusses the differences in the regulation of redundancy payment accordance to the Labour...

Assignment of a receivable arising from a business relation, bulk assignment, factoring The thesis deals with several selected questionable issues related to the assignment of a receivable arising from a business relation. I have chosen this theme because the Czech legal theory doesn't offer satisfactory answers to all of the questions that arise from this topic. The thesis seeks to analyse the selected issues and to offer reasonable solutions to the problems relating to the selected issues. The method of the thesis is based on a comprehensive analysis of the relevant Czech case law as well as the relevant literature. The realized legal conclusions are afterwards put into a broader context and critically evaluated. The thesis is composed of ten chapters. Chapter One defines aims of the thesis. Chapter Two is introductory and explains the basic concept of the assignment of a receivable under the Czech commercial law. Chapter Three contains a basic overview of the receivables which are generally assignable under the Czech commercial law including the assignment of future receivables. It also deals with the topic of another assignment of a future receivable before its origin which is in my opinion allowable. Chapter Four describes cases of prohibitions of an assignment of a receivable. The chapter is...

The core of diploma thesis lies in analysis of public procurement procedure of which defining features in all the world public procurement systems are elimination of competition and constraints to the transparency, which opens up the scope especially for disguised breaches of law, discrimination of suppliers and corruption - negotiated procedure without notice. Existence of negotiated procedure without notice is not overseen in the Czech legal environment. Frequency of its use currently amounts to significant 20 per cent of all awarded contracts. This procurement procedure has been traditionally justified in all procurement systems by specific circumstances, which from its nature either eliminate competition, or there is another public interest, which outweigh free competition. Thus balancing of such interests tends to be the major problem when assessing permission to use this non-transparent procedure. Negotiated procedure without notice has already occurred in the Czech law in the first legal act, which governed public procurement. The respective groundbreaker was the Act No. 199/1994 Coll., which was inspired by the UNCITRAL Model law on public procurement. After the accession to the European Union, the Czech Republic was forced to reflect common procurement framework and to implement provisions...

The thesis deals with notice of termination of employment relationship. It aims not only to analyse current Czech legislation including existing case law, but also to outline possible proposals of amendments (de lege ferenda considerations). It consists of eight chapters. The first chapter is concerned with general issues of labour law - its concept and function, its role in legal system, its relation to civil law and directory or mandatory nature of labour law rules. The second chapter provides a basic analysis of further ways of termination of employment relationship, which are further legal acts leading to termination of employment (i.e. agreement on termination of employment, instant termination of employment, termination of employment during the probationary period), termination of employment on the basis of an official decision and termination of employment by legal events. The third chapter to the sixth chapter deals with current Czech legislation regulating notice of termination of employment and with further related issues - prohibition of notice of termination during protective period and exemptions from this prohibition (chapter 4), invalidity of notice of termination (chapter 5) and employer's obligations consequent upon termination of employment (chapter 6). The third chapter mainly...

Zusammenfassung Das Thema dieser Diplomarbeit ist die Beendigung des Arbeitsverhältnisses - Vergleich der Rechtsregelung der Tschechischen Republik und die Bundesrepublik Deutschland. Die Arbeit gliedert sich in fünf Teile, die verschiedene Möglichkeiten der Beendigung des Arbeitsverhältnisses durch den tschechischen und deutschen Gesetzgebung behandelt, und befasst sich detailliert um einzelnen Kündigungsgründe in beiden Rechtsregelungen. Zwischen arbeitsrechtliche Rechtsregelungen beiden Nachbarländern, der Tschechischen Republik und der Bundesrepublik Deutschland gibt es auf einer Seite erhebliche Unterschiede, die sich aus wesentlichen Teil aus der unterschiedlichen rechtlichen und historischen Entwicklung ergeben. Auf der anderen Seite kommt es in der Einigung Europas zur Angleichung der Rechtsvorschriften der einzelnen Staaten, die sich im Bereich des Arbeitsrechts zum Ausdruck kommt. Obwohl sich das Arbeitsrecht ständig weiterentwickelt, behalt sich in jedem Staat seine Individualität, angesichts der Situation des Landes. Derzeit ist die Bundesrepublik Deutschland ein wichtiger Wirtschaftspartner der Tschechischen Republik. Angesichts der Existenz von internationalen Wirtschaftsunternehmen, Arbeitsmigration und grenzüberschreitende Beschäftigung, es ist praktisch, einen Überblick über die...