The The Diploma Thesis deals with the institute of Catholic marriage, also called matrimony, and aims to provide detailed analyses on nullity of matrimony due to invalidity of matrimonial consent and its declaration. Firstly, the Thesis states a definition of matrimony with respect to Sacrament of Marriage being governed by the divine law, the canonical law, and, in regards to certain effects, the civil law. Pursuant to Code of Canon Law [CIC], 1983, canon 1055, §1, the matrimonial covenant, by which a man and a woman establish between themselves a communion of the whole life, is by its nature ordered toward the good of the spouses and procreation and education of offspring. Hence, marriage is a contract by which a man and a woman become irrevocably united, the Code of Canonic Law set up essential properties of marriage obligationes matrimonii essentialis, which are not to be excluded by either contractants. The Thesis further provides commentary on the grounds for the invalidity of the matrimonial consent, by descripting the reasons for nullity of matrimony which are defined by the Code of Canon Law, and can be grouped under these main causes: serious mental incapacity, incapacity to assume obligations, ignorance, error of person,simple error, fraud, simulation, conditional marriage, force and...

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Nullity and inefficacy of legal acts in bankruptcy proceedings This thesis deals with description of nullity and inefficacy institutes of legal acts, especially with focus on bankruptcy proceedings. Such legal acts shorten the debtor's assets and the institutes of nullity and inefficacy allow to return the lost property back to the debtor's assets. This thesis is divided into six chapters which are subdivided into subchapters whilst the most important part is formed by chapters 4. and 5. The first chapter deals with the basic definition of bankruptcy proceedings, it also describes the basic principles and principles of bankruptcy proceedings which are also important for understanding the institutes of nullity and inefficacy of legal acts. There is approached the issue of the actionability of legal acts in bankruptcy proceedings in general view and in the whole chapter's conclusion I have highlighted the criminal law overlap of this topic with focus on the offense of favoring the creditor. The second chapter provides a historical excursion, not only in the context of nullity and inefficacy legal acts but also in the context of bankruptcy proceedings development as a whole and its approximation to the current legal regulation. The third chapter deals with nullity and inefficacy under civil law, or...

Thesis (J.C.L.)--Catholic University of America, 1989. / Includes bibliographical references (leaves 81-91).

This thesis deals with impacts on the applicability of evidence which results from violation of directives modifying the process of proofs of trial proceedings. The significance of proofs is crucial as by its means the reconstruction of the event of significance from the criminal law perspective is done. The condition for fulfillment of criminal trial proceedings purpose is a complete and proper determination of fact whereof there is just suspicion in the extent necessary for issue of decision. At the same time it is necessary that the set rules were followed for purveyance, locking, implementation and evaluation of evidence as these rules represents guarantee of just law trial proceedings as the one of fundamental attribute of democratic legally consistent state. This thesis is divided into four main parts and preface and conclusion. First part deals with definition of the term proofs in trial proceedings, its meaning and purpose. Moreover it deals with legal form of proofs including constitutional and international law way out. It contains also listing of fundamental terms and principles controlling process of proofs and division of evidence from different perspectives. In second part of this thesis, the issue of admissibility of evidence is processed with which acquisition and application was...

V ANGLICKÉM JAZYCE The thesis focuses on service of documents in administrative proceedings. At the beginning of the thesis, the used terminology and constitutional framework are defined. The main part deals with the two main forms of delivery, an electronic and a documentary form. Regarding the excessive use of electronic communication in today's society, the electronic form is described in detail. Afterwards, the thesis deals with the issue of the service of documents to foreign countries and defects that may occur during the delivery. Many uncertainties and questions have arisen putting an information system of data boxes and using of data boxes for communication between entities and administrative bodies into operation. The author therefore dedicated a considerable attention to this topic. Attention is also paid to the institute of electronic signature. This institute was adopted in the Czech legislation in accordance with European legislation. Elaborating this thesis, the author used primary legal sources, literature both domestic and foreign origin, and public information sources.

La loi du 24 juillet 1966 (aujourd’hui codifiée dans le Code de commerce), en s’inspirant de la directive du Conseil des Communautés européennes 68/151 du 9 mars 1968, dont le projet était déjà connu en 1966, voulait limiter, autant que faire se peut, les annulations en matière de société. L’objectif était de protéger les intérêts des tiers, de la société et des associés. Ainsi, selon l’article 360 de cette loi, devenu article L 235-1 du Code de commerce, la nullité des actes modifiant les statuts ne peut résulter que de la violation d’une disposition expresse du livre II du Code de commerce ou des lois qui régissent la nullité des contrats. Pour les actes ne modifiant pas les statuts, la nullité devra résulter de la violation d’une disposition impérative du même livre ou des lois qui régissent les contrats. Les causes de nullité sont donc strictement délimitées par les textes. Toutefois, cette étude démontre que ces dispositions ne peuvent être interprétées strictement. Les tribunaux ne veulent plus se restreindre aux termes de la loi et interprètent de manière extensive les textes. Ainsi, la jurisprudence considère qu’une décision sociale qui sera adoptée en violation d’une disposition règlementaire ayant un caractère impératif pourra, en principe, être annulée, même si la disposition règlementaire est indépendante de la loi (à charge, dans ce dernier cas, d’apporter la preuve d’un préjudice subi). Cette conception extensive des nullités ne se limite pas qu’à la jurisprudence puisque le système des nullités en droit des sociétés, en apparence très fermé, cohabite avec un autre beaucoup plus ouvert, qui se réfère aux nullités fondées sur le droit commun des contrats. La référence à cette matière accroit considérablement les situations dans lesquelles la sanction sera encourue. À cela s’ajoute le fait que le législateur a engagé depuis quelques années un mouvement de dépénalisation de la vie des affaires qui l’a conduit à créer des nouvelles causes de nullité. Cette conception extensive des nullités est à nuancer dans la mesure où la sanction n’est pas automatique dans sa mise en œuvre. On va y recourir de manière exceptionnelle. L’action en nullité peut se heurter à divers obstacles. Elle peut être paralysée par le mécanisme de la confirmation, se heurter à des fins de non-recevoir ou à la disparition de la cause de nullité suite à une régularisation de la décision viciée. De plus, le prononcé de la nullité peut encore se heurter au pouvoir du juge lorsque la loi prévoit une cause de nullité facultative. Enfin, lorsque l’action vient à prospérer les conséquences de l’annulation sur l’acte ou la décision ont été fortement atténuées. / The law of July 24th, 1966 (today codified in the Commercial Code), inspired by the directive of the Council of the European Communities 68/151 of March 9th, 1968, the project of which was already known in 1966, wanted to limit, as far as possible, invalidations regarding companies. The aim was to protect the interests of third parties, the company and the partners. So, according to the article 360 of this law became article L 235-1 of the Commercial Code, the nullity of acts modifying the statutes can result only from the violation of a written law of book II of the Commercial Code or from laws which govern the nullity of contracts. For acts not modifying the statutes, the nullity will have to result from the violation of an imperative law of the same book or from laws governing contracts. The grounds for invalidity are thus strictly defined by laws. However, this study demonstrates that these provisions cannot be strictly interpreted. The courts do not want to be limited under the law and interpret texts extensively. So, the jurisprudence considers that a social decision which will be adopted in violation of a regulatory measure having an imperative character can, in principle, be cancelled, even if the regulatory provision is independent from the law (to load in the latter case, to provide evidence of a damage). This extensive conception of nullity is not limited to the case since the system nullity corporate law itself that in the jurisprudence because the system of the nullities in company law, seemingly very close, cohabitating with another much more open, which refers to the nullities based on the common law of contracts. The reference to this matter greatly increases the situations in which the sanction will be incurred. Add to the fact that the legislature has undertaken in recent years a movement to decriminalize business life that led him to create new causes of invalidity. This extensive conception of the nullities is to be qualified as far as the sanction is not automatic in its implementation. We will use them exceptionally. The nullity action may face various obstacles. It can be paralyzed by the mechanism of confirmation, to face for inadmissibility or the disappearance of the cause of nullity due to an adjustment of the flawed decision. In addition, the pronouncement of the invalidity may still face the power of the court where the law provides a cause of nullity optional. Finally, when the action comes to prosper the consequences of the cancellation of the act or decision was strongly eased.

This thesis posed the question whether foreign arbitral awards are enforced in accordance with the demands of the New York Convention in the UAE and Bahrain and moreover whether the conditions for enforcement compel the conclusion that these two nations are enforcement-friendly in the same manner as leading arbitral nations such as the UK, France, Hong-Kong and NYC. On the basis of legislative and judicial practice in the UAE and Bahrain it was found that Bahrain and all UAE emirates, with the exception of Dubai, are enforcement friendly and more importantly place few constraints on the enforcement of foreign awards. Dubai is also enforcement-friendly but a small number of decisions, particularly Bechtel, leave significant latitude to foreign investors to consider Dubai courts, and particularly its court of Cassation, as dubious when it comes to enforcement. It was also found that Islamic law per se is not an obstacle in the enforcement of foreign arbitral awards and very few constraints were found from the perspective of public policy and arbitrability in particular. In fact, the courts of Bahrain and the UAE have applied a rather liberal interpretation of Islamic law in order to accommodate arbitral practices that have been sustained in other jurisdictions and under the lex mercatoria with a view to assisting the commercial vision of the two nations. Hence, it was found that Islamic law is an enabling vehicle in the enforcement of foreign arbitral awards in the UAE and Bahrain, rather than an obstacle.

O presente trabalho tem como escopo central a análise da regra do prejuízo relacionada às nulidades no processo penal. Corolário da teoria da instrumentalidade das formas, a regra do prejuízo dispõe que somente será reconhecida a nulidade se do ato viciado resultar algum prejuízo para a acusação ou para a defesa. A despeito de sua importância para a construção de um modelo finalístico, referida categoria do prejuízo vem sendo aplicada de forma caótica pela jurisprudência pátria. Na realidade, o entendimento daquilo que de fato configura o prejuízo para efeitos do artigo 563 do Código de Processo Penal se perdeu em meio a decisões controversas e confusas acerca do tema. A regra, inicialmente adotada no processo civil, foi transportada ao processo penal sem as devidas cautelas e desprovida dos necessários ajustes. Inexiste uma sistematização mínima para aferição do prejuízo, sendo certo que hodiernamente se confere uma discricionariedade absoluta ao magistrado para determinar se no caso concreto há alguma lesão às partes. Nesse cenário, a precípua função da forma, que é assegurar uma proteção ao acusado contra eventuais arbitrariedades do Estado, muitas vezes é deixada de lado. Toda essa problemática tem gerado um ambiente instável para correta aplicação das nulidades, o que acaba por acarretar uma notável insegurança jurídica. O presente estudo tem a pretensão de propor um modelo racional de aferição do prejuízo, com base no qual o magistrado encontrará critérios mais claros para a aplicação das nulidades no processo penal. / This research aims to analyze the harmless error rule, strictly related to the subject of nullities in the criminal procedure. As a deployment of the theory of instrumentality of the procedural forms, the harmless error rule provides that a mistake will only cause the nullity of the procedure if there is evidence to support that the prosecution or the defense were actually harmed by that error. Although extremely important for the incorporation of teleological model of nullity, the mentioned harmless error rule has been wrongfully applied by Brazilian courts. In reality, the understanding of the actual meaning of the word harm, as per article 563 of the Criminal Procedure, has been lost throughout so many different confusing and controversial court decisions. The harmless error rule, initially used in civil cases, was brought to criminal procedure without the needed adjustments. There is no minimum systematization in order to identify a harmful error and, therefore, nowadays the judge has total discretion to determine in each case the severity of the error. Given this reality, the most important function of a procedural form, which is to protect the defendant against eventual arbitrary measures committed by the State, is normally forgotten. All these issues have caused an unstable background regarding the correct application of the nullities, leading to a noticeable legal uncertainty in this subject. This research has the intention to come up with a rational model of application of the harmless error rule, based on which the judges will find the necessary criteria to recognize nullities in criminal procedures.

Consensualism (Lat. Consensus ad idem – agreement to the same thing, common opinion) means that the will of contracting parties is regarded to be the most important in a contract in contract law. Due to this reason mutual rights and duties can be set only by the actions of capable contracting parties. The principle of consensualism is at the core of Contract law. It claims to regard the intentions and the will of the parties rather than certain parts of a contract, while interpreting the contract. In cases where during the interpretation of contracts differences between the real intentions of the parties and the meaning of linguistic text of the contracts occur, priority should be given to the general and genuine intentions of the contracting parties. In this case formalism is negated, while formalism, being contrary to consensualism, instead of giving the priority to the will of parties, gives it to the outward form of that will’s expression. Despite formalism in contract law occurs more seldom nowadays, in some cases it is not enough for contracting parties just to come to an agreement in order to have a valid contract. Sometimes the certain form of its expression is needed too. This diploma work deals with peculiarities of the principle of consensualism in contract law. The main aspects discussed in the paper are: the importance of the principle of consensualism interpreting the contracts within the Continental and Common law systems, relation between consensualism and... [to full text]