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The doctrine of piercing the veil and its application in Czech corporate law The theses concerns with the doctrine of piercing the veil and its application in Czech corporate law. Firstly, the crucial term of the separateness of assets is described as a characteristic feature of a legal subject under Czech law, followed with explanation of the concept of the shareholders' guarantee in the Czech law based on the fact that all companies are legal persons with the asset separateness, even though their function is similar to the partnership. The doctrine of piercing the veil was developed by judiciary decisions dealing with different situations and circumstances, under which the legal separateness of a corporation and separateness of assets are misused by shareholders and creditors (voluntary or involuntary) are harmed. The main question asked is whether in specific cases of "corporate form abuse" law can find a way to reimburse directly the harmed creditors or the company. Based on the description of development of judiciary in the United States, Great Britain and Germany and its conclusions, specific factors for application the doctrine were researched, such as alter ego, instrumentality, undercapitalization, agency, commingling of funds etc. These factors are used differently by courts and can be analyzed...

This study arose from the experience of difficulties in individuating incorporating tensions in the self-group, self-other, and self-self relational dimensions. This situation initiated the questions: What does individuation mean in collectivist cultures? Can selfexpression occur in a different way to opposing public opinion? Can one conceptualise experiential dialectics to facilitate their resolution in practice? The literature initiated the questions: How do Western theories on individuation incorporate 'culture'? Does a relationship between the socio-cultural context and the process of self-expression exist? Conclusions were: - that the socio-cultural context influences this experience directly by influencing the process of self-expression via defining what is experienced as narcissistic, altruistic, or individualistic behaviour, and indirectly by the theories which reflect its norms; - that the relationship between experience, and theory and personal epistemologies potentially initiate tensions, and facilitate their resolution; - that a theory of individuation in collectivist cultures is lacking. A way of interpreting 'individuation' was discussed. / Psychology / M.A. (Psychology)

The two most prominent cultures that continue to have a defining influence on the socio-political developments in a multi-cutural South African society, are the Western and African cultures. Because of the differences between these two cultures and the respective roles members of each culture have played in the socio-political history of South Africa (especially with regard to the rise and fall of apartheid), conflict and alienation in most cases define the relationship between members of these cultures. Not only does it negatively impact on the multi-cultural society of South Africa as such, it also has far-reaching Implications for the continent as a whole, seeing that South Africa Is regarded as the economical and political powerhouse of Africa upon which are pinned the hopes of millions for a better life. As a result, the importance of reconciliation and unity in the multi-cultural South African society cannot be overemphasized. It is a Biblical imperative that all members of society should live together in peace and harmony. To this end, the church is commanded to serve the reconciliation of Christ to the world (2 Corinthians 5:11-21). One of the instruments to the dlsposal of the reformed churches in South Africa for the completion of this mission, is the liturgical song. The reformed liturgical song consists of poetry (text) and music (melody) which are woven together in such a way that the text of the song is carried directly into the heart of the singer or listener. The combined power of poetry and music provides the church with a powerful therapeutic and communicative instrument by which the truth of the gospel of Christ can effectively be proclaimed to the world. A closer look at the current situation in the multi-cultural South African society reveals that the reformed churches in South Africa (of both Western and African backgrounds) haven't as yet properly played their part in the attaining of reconciliation and unity in society. The central question for research in this study, therefore, is the following: In what way can the reformed liturgical song contribute to the attainment of the ideal of reconciliation and unity in the multi-cultural South African society? The research in this study is structured according to the model for Practical Theology that was developed by Zerfass (1974:164-177). This model entails that specific base theoretical principles are compared with meta-theoretical perspectives to eventually arrive at a theory of practice from which is derived a new set of practical guidelines. In Part 1 of this study, research centres around the base-theoretical principles with regard to culture, multi-culturality, reconciliation, unity, reformed worship and liturgical song, In Part 2 meta-theoretical perspectives are given with regard to culture and multi-culturality in South Africa, reconciliation and unity in the South African context, as well as reformed worship and the use of liturgical song in the multi-cultural South African society. In Part 3 a theory of practice is articulated in which a new set of practical guidelines for the use of the reformed liturgical song towards the attaining of reconciliation and unity in the multi-cultural South African society is given. Finally it is concluded that, with certain adjustments, the reformed liturgical song can effectively be used as an instrument for attaining reconciliation and unity in the multicultural South African society. / Thesis (Ph.D. (Liturgics))--North-West University, Potchefstroom Campus, 2007

Thesis (Ph.D. (Liturgics))--North-West University, Potchefstroom Campus, 2007.

The two most prominent cultures that continue to have a defining influence on the socio-political developments in a multi-cutural South African society, are the Western and African cultures. Because of the differences between these two cultures and the respective roles members of each culture have played in the socio-political history of South Africa (especially with regard to the rise and fall of apartheid), conflict and alienation in most cases define the relationship between members of these cultures. Not only does it negatively impact on the multi-cultural society of South Africa as such, it also has far-reaching Implications for the continent as a whole, seeing that South Africa Is regarded as the economical and political powerhouse of Africa upon which are pinned the hopes of millions for a better life. As a result, the importance of reconciliation and unity in the multi-cultural South African society cannot be overemphasized. It is a Biblical imperative that all members of society should live together in peace and harmony. To this end, the church is commanded to serve the reconciliation of Christ to the world (2 Corinthians 5:11-21). One of the instruments to the dlsposal of the reformed churches in South Africa for the completion of this mission, is the liturgical song. The reformed liturgical song consists of poetry (text) and music (melody) which are woven together in such a way that the text of the song is carried directly into the heart of the singer or listener. The combined power of poetry and music provides the church with a powerful therapeutic and communicative instrument by which the truth of the gospel of Christ can effectively be proclaimed to the world. A closer look at the current situation in the multi-cultural South African society reveals that the reformed churches in South Africa (of both Western and African backgrounds) haven't as yet properly played their part in the attaining of reconciliation and unity in society. The central question for research in this study, therefore, is the following: In what way can the reformed liturgical song contribute to the attainment of the ideal of reconciliation and unity in the multi-cultural South African society? The research in this study is structured according to the model for Practical Theology that was developed by Zerfass (1974:164-177). This model entails that specific base theoretical principles are compared with meta-theoretical perspectives to eventually arrive at a theory of practice from which is derived a new set of practical guidelines. In Part 1 of this study, research centres around the base-theoretical principles with regard to culture, multi-culturality, reconciliation, unity, reformed worship and liturgical song, In Part 2 meta-theoretical perspectives are given with regard to culture and multi-culturality in South Africa, reconciliation and unity in the South African context, as well as reformed worship and the use of liturgical song in the multi-cultural South African society. In Part 3 a theory of practice is articulated in which a new set of practical guidelines for the use of the reformed liturgical song towards the attaining of reconciliation and unity in the multi-cultural South African society is given. Finally it is concluded that, with certain adjustments, the reformed liturgical song can effectively be used as an instrument for attaining reconciliation and unity in the multicultural South African society. / Thesis (Ph.D. (Liturgics))--North-West University, Potchefstroom Campus, 2007

This study arose from the experience of difficulties in individuating incorporating tensions in the self-group, self-other, and self-self relational dimensions. This situation initiated the questions: What does individuation mean in collectivist cultures? Can selfexpression occur in a different way to opposing public opinion? Can one conceptualise experiential dialectics to facilitate their resolution in practice? The literature initiated the questions: How do Western theories on individuation incorporate 'culture'? Does a relationship between the socio-cultural context and the process of self-expression exist? Conclusions were: - that the socio-cultural context influences this experience directly by influencing the process of self-expression via defining what is experienced as narcissistic, altruistic, or individualistic behaviour, and indirectly by the theories which reflect its norms; - that the relationship between experience, and theory and personal epistemologies potentially initiate tensions, and facilitate their resolution; - that a theory of individuation in collectivist cultures is lacking. A way of interpreting 'individuation' was discussed. / Psychology / M.A. (Psychology)

Made available in DSpace on 2016-04-26T20:29:46Z (GMT). No. of bitstreams: 1 Pedro Paulo Barradas Barata.pdf: 993410 bytes, checksum: b58fa664fca20e477bebce150d3d77dd (MD5) Previous issue date: 2009-09-29 / This work comes in response to the great controversy revolving around the applicability of the disregard doctrine to consumer relations. Legal scholars have long wrangled over this issue, some of whom advocate that the Brazilian Consumer Protection Code ended up stripping legal entities of their right to separateness of assets when it comes to consumer relations. As asset separateness and the limitation on liability of business companies are held to be two of the major pillars of the capitalist system, the relevance of this issue is unquestionable. This study thus proposes an interpretation of article 28 of the Brazilian Consumer Protection Code which conciliates these principles and the philosophical tenets of said Code, by offering a systematic and historical interpretation of such rule. To that end, this work will deal with the historical origins of the limitation on liability of legal entities, and its evolution in the US and UK legal systems. Further, this work will analyze the treatment accorded to the disregard doctrine in foreign laws, its background and the current rules applying to this doctrine under Brazilian law / A escolha do objeto deste estudo se deveu à grande controvérsia que o tema da desconsideração da personalidade jurídica desperta no âmbito das relações de consumo. A doutrina vem adotando posições antagônicas com relação ao tema, sendo que parte dos doutrinadores defende que o Código de Defesa do Consumidor teria revogado a autonomia patrimonial da pessoa jurídica nas relações de consumo. Sendo a técnica da separação patrimonial e a limitação de responsabilidade das sociedades empresárias dois princípios aparentemente fundamentais do sistema capitalista, é inegável a importância de que se reveste o tema. Este estudo pretende propor uma interpretação do artigo 28 do Código de Defesa do Consumidor que concilie tais princípios com a filosofia do Código, por meio de uma interpretação sistemática e histórica da norma. Para tanto, foi analisada a origem histórica da limitação de responsabilidade das pessoas jurídicas, sua evolução no Direito norte-americano e no Direito inglês. Ainda, analisou-se o tratamento que a desconsideração da personalidade jurídica recebe no Direito estrangeiro, sua origem histórica e disciplina atual no Direito Brasileiro