This Master's degree thesis deals with legislation on the "principle of concentration in the contentious procedure" and related legal institutes. Pursuant to the principle of concentration, the parties to the civil proceedings are obliged to concentrate and perform the prescribed pleadings within particular time period. These pleadings include among others: allegation of material facts, proposed evidence to prove these facts and objections to the procedural matters. After the passage of prescribed time, a factual and evidentiary "stop condition" occurs, i.e. the parties to the proceedings are not able to perform the pleadings with relevant consequences in law anymore. Legislation on the principle of concentration has been significantly amended by adoption of several Civil Procedure Code amendments, namely Act N. 30/2000 Coll. and Act N. 7/2009 Coll. The thesis aims to analyse and critically evaluate these amendments. The thesis consists of seven chapters. The introductory chapter defines the theoretical concept of the principle of concentration and its intended purpose. The second chapter describes the concept of legal principles and places the principle of concentration in the group of civil procedure principles. The main attention is paid to the principle of legal order, the principle of...

The topic of this diploma thesis is the declaratory principle in contentious and non- contentious proceedings. The aim of this thesis is to describe how the declaratory principle is applied in both forms of Czech civil proceedings, contentious and non-contentious. There are some differences between application of the declaratory principle in a contentious proceedings and application of this principle in a non-contentious proceedings. Parties are much more free to dispose of their claims in contentious proceedings, because the declaratory principle is one of the main principles of this form of civil proceedings. It is necessary to say that legal system in the Czech Republic is the continental legal system and the declaratory principle is traditional for continental legal system. The declaratory principle also means that the court is limited in its decision making. It is not possible to decide more than it has been asked to. The major part of this thesis is about disposition acts. How it was mentioned before, parties are free to dispose their claims in contentious proceedings and the reason for it is that they are able to use many disposition acts. Each of these procedural acts is defined in its own subchapter of this work and there are also mentioned related judgements. Other parts of this diploma thesis are...

This thesis serves as an introduction and overview of the broad and closely related fields of mechanism design, contract theory, and information economics. Each chapter is intended to provide a self-contained guide to the particular area of application -- examples include adverse selection, moral hazard, and auctions. The reader should benefit from the thesis in two ways: by understanding the general notions of the revelation principle, incentive compatibility, and individual rationality from the mechanism design theory as well as by examining the particular information asymmetry models in the individual areas. Powered by TCPDF (www.tcpdf.org)

Principles of private law The reason of choosing "Principles of private law" for my thesis is that private law is built on untouchable values. For example, basic values like freedom and equality, which are represented by these principles. Many of them are indispensable in the relation of functionality of the whole system of law. Most of them have Roman law origin. The purpose of my thesis is to describe and summarize the main principles of private law that mostly appear in Czech law, especially in civil law. It also examines the influence of re-codification of private law on these principles and relationship between them. The thesis is composed of two parts. Part one, named general part, is introductory and defines different meanings of principles of law in Czech jurisprudence. It deals with historical perspective (Roman law connections to principles of law) and philosophical context (represented by concepts of legal positivism, theory of natural rights and sociological concept of law) of principles of law. It also describes the theory of principles of law by Ronald Dworkin. Part two, named specific part, focuses on principles of private law and contains the overview of them. It deals with legal regulations of these principles and their definitions according to judicial decisions. It also examines...

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In the Czech accounting standards is defined only a general obligation of entities to account for the reduced value of the property and there is no contained detailed instructions for calculating impairment. In contrast, international accounting standards contain detailed requirements for impairment tests. It specifies when and how tests assets, how to account for impairment losses and indicate the conditions for reversal of these losses.

>Magister Scientiae - MSc / The Cosmological Principle forms part of one of the most fundamental hypotheses of modern Cosmology. So it is very important to assess whether it holds true using observational data, or whether it consists of a mathematical simplification. We probe the statistical isotropy of the Universe using the existing radio continuum data, by means of a local variance estimator. In order to investigate this, we analyse the number count variance of the radio catalog by looking at patches of approximately 10, 15, 20 & 25 degrees in radii, and thus comparing it to mock catalogs which reproduce the matter density power spectrum, as well as the same sky coverage of the real data. We establish criteria for accepting patches that have more than 90%, 70% & 50% of their pixels not masked. We make use of the NRAO VLA Sky Survey (NVSS), whose operational frequency is 1.4 GHz. We perform statistical tests for detecting possible departures from statistical isotropy using galaxy number counts with flux limits of 20 < SNVSS < 1000 mJy. We also compare the real data to the mock catalogs of the radio data in order to assess the statistical significance of our results. We use the local variance estimator for testing the statistical isotropy of our data sample. We find that the statistical properties of our sample are in reasonable agreement with the standard cosmological model. The mean of the distribution for the data falls well within the 95% confidence interval of the average of the simulated mocks. For all the radii and acceptance criteria for the patches, we found no significant deviations beyond those allowed by the standard model. As expected there were no large discrepancies between our mocks and the data. The results are consistent with statistical isotropy.

Faculty of Science School of Statistics and Actuarial science 9802374m nhuang@glenrandmib.co.za / The purpose of this research report is to review the embedded value concept and to examine its practical use in South Africa. Important recent developments relating to the embedded value concept are discussed and compared with the existing embedded value concept. These developments include fair value accounting, market-consistent embedded value and the European Embedded Value Principle. In the second part of the report, the disclosure of the embedded value information of four major South African life assurance companies is examined. It was found that the market capitalisations of these companies were smaller than their embedded values for most of the period under the investigation. Reasons for this phenomenon are considered and tested against the data available. It was found that the risk discount rates used by some life assurance companies in calculating their embedded values may be too low. It appears that a ‘herding’ tendency exists among South African life assurance companies when selecting risk discount rates for the embedded value calculation. It is suggested that a more market consistent approach for the embedded value calculation and a better disclosure for the embedded value reporting should be considered by life assurance companies in South Africa. This should improve investors’ understanding and confidence in the embedded value disclosed, which in turn should help narrow or eliminate the discount of the market capitalisation to the embedded value observed in the market.

1 Abstract (in English langugage) In the presented dissertation thesis I tried to argue that if we want to apply the principle of proportionality correctly in case of a collision of fundamental rights or in case of a collision between a fundamental right and a countervailing interest, it is not sufficient only to refer to this principle within the argumentation. On the contrary, it is necessary to recognize a structure of this principle and to apply its components. In order to recognize the structure and components of the proportionality principle, it is necessary to understand the role and effects of human rights in legal orders. I assume that theoretical backgrounds of this principle contribute to the better understanding of the objective tension between the individual's autonomy and general will of the society. Another important aspect in the correct application of this principle is the institutional balance between the legislature and the judiciary and overcoming of the "counter-majoritarian problem". In the contemporary, not only Czech, but also foreign practice we may observe lots of examples in which courts do not pay appropriate attention to the proportionality principle. When solving hard cases, sometimes they made only a reference to this principle without further elaboration. From the...

As ideias políticas e filosóficas que influenciaram a criação da regra da legalidade penal e do princípio da ofensividade têm origem no Iluminismo. Principalmente durante a Idade Média e o Antigo Regime, confundia-se crime com pecado e as pessoas podiam ser punidas por mero capricho do soberano, sem que existisse lei. As arbitrariedades eram gritantes. A finalidade de ambas as teorias surgidas no período da Ilustração, portanto ao pregarem que era necessária a existência de lei prévia para que alguém fosse punido (regra da legalidade) e que o crime pressupunha uma lesão a direito ou bem jurídico de terceiro (princípio da ofensividade) , era a mesma: limitar o poder punitivo. No entanto, a regra da legalidade penal foi muito mais absorvida pelo discurso dogmático-jurídico do que o princípio da ofensividade, sendo oportuno, pois, analisar as razões pelas quais isso ocorreu. Algumas delas serão analisadas neste estudo como, por exemplo, a ausência de previsão explícita desse princípio nas Constituições, a suposta incompatibilidade desse princípio com a separação de poderes e com a própria regra da legalidade penal e a insegurança jurídica que a aplicação de princípios poderia gerar. Além disso, há um fator político de destaque: a consolidação da burguesia exigia a imposição de limites formais ao poder estatal, mas não limites materiais. Outro fator importante foi o advento do positivismo criminológico, no final do século XIX, que, ao confundir crime com doença, retornou ao paradigma do direito penal do autor que havia vigorado na Idade Média. Finalmente, para demonstrar o que impediu a consolidação do princípio da ofensividade especificamente no Brasil, será analisada a influência da doutrina europeia na dogmática nacional. / The political and philosophical ideas that influenced the creation of the principle of legality and the harm principle came from the Age of Enlightenment. Mainly during the Middle Age and the Old Regime, there was a confusion between crime and sin and people could be punished simply because of the whim of the sovereign, with no law. The arbitrariness were enormous. The reason for both theories that were born at the Age of Reason which required that the legal rules would have to be declared beforehand (principle of legality) and that the crime presupposed a harm or injury to other individuals (harm principle) were the same: to limit the power of punishment. However, it can be seen that the rule of the legality has been taken by the dogmatic and legal speech much more deeper than the harm principle, being opportune then, to analyze the reasons it happened. Some of them will be analyzed in this research, for instance, the absence of this explicit principle in the Constitutions, the alleged incompatibility of this principle with the separation of powers and the legality rule itself and the legal uncertainty that the application of principles could trigger. Furthermore, there is a major political factor: the consolidation of the bourgeoisie demanded the imposition of formal limits to the power of the state, but not material limits. Another important factor was the advent of positivist criminology, in the late nineteenth century, which, by confusing crime with illness, brought the paradigm of criminal law of the author, which was applied in the Middle Ages, back. At last, to show what stopped the consolidation of the harm principle specifically in Brazil, there will be an analysis of the influence of European doctrine in the Brazilian dogmatic.