Malgré le tabou de l'argent, la transmission des biens d'une personne répond à une indéniable nécessité familiale, économique et sociologique. La liberté testamentaire grandissante, à peine restreinte par la nécessité de protéger le noyau dur familial, rend surprenante une démarche pourtant bien présente en pratique : l’exhérédation. Celle-ci est la privation, directe ou indirecte et quelle qu’en soit la forme, de l’émolument successoral par la seule volonté du de cujus, sans pouvoir porter atteinte au titre d’héritier. La dichotomie entre titre et émolument permet de révéler la véritable relation successorale entre disposant et successible. A l’absolutisme quasi-absolu de la volonté du de cujus correspond l’effet quasi-plénipotentiaire du titre d’héritier. Si le de cujus peut presque librement disposer des biens composant ou qui auraient dû composer sa succession, l’héritier, bien que ne disposant d’aucun droit à l’héritage, a la faculté d’en perturber le règlement, sous couvert d’en assurer la police et la gestion. Le titre d’héritier, dénué de tout ou partie de l’émolument et distingué de la propriété des biens transmis, doit cependant tout au plus être vu comme un intérêt à agir, non comme un quelconque élément directeur des opérations de liquidation successorale / Despite the taboo of money, the descent of a person’s estate falls in line with an undeniable necessity in family, economic and sociological terms. The growing freedom relating to wills, which is hardly contained by the requirement to protect the family unit, makes disinheritance surprising, though such an approach does exist in practice. Disinheritance means direct or indirect deprivation – in whatever form - from a portion of inheritance, as decided by the testator only, without affecting the title as heir. The dichotomy between title and portion of inheritance reveals the actual inheritance-related link between the settler and the person entitled to inherit. The all but plenipotentiary effect of the title as heir is to be compared with the fundamentally absolutist desire of the testator. Though the testator can freely dispose of the property of which his/her estate is or should have been made up to all intents and purposes, the heir, though he/she may have no right to the heritage, can disturb the settlement of such estate, under the pretext of enforcing law and order and of administering such estate. The title as heir, deprived of any entitlement to all or any part of the portion of inheritance, which is to be differentiated from ownership of property conveyed, should however be perceived as an advantage to act, at the very most, not as a key aspect of operations relating to the settlement of a succession.

1 ABSTRACT (resumé - anglická verze) Testament and its legal regulation in the history, present and de lege ferenda This thesis is concerned with historical development of legislation of the testament as a probate title in our country. It analyzes the different legal regulations and delivering a comprehensive look at this institute from past to present and thanks to the new civil code in to the future. Its aim is to bring will to the general public as a significant Heritage title respecting the will of the testator and allowing him to choose his heirs or their inheritance shares otherwise than as provided for in the rules of inheritance law. Since the new Civil Code returns to our inheritance law some traditional institutions, it is beneficial for better understanding to be also familiar with their historical adapting and development. Thesis in each historical period approximates the form of the testament with its most relevant features that enable easier comparisons between treatments. The first part is presented form of testament by the law of Roman. It wasn't only laid the foundations of this institute, but continental law at all therefore his conception of wills and inheritance law cannot be ignored. First chapter closer the Roman law requirements for persons deceased and heirs (testamentary capacity),...

At a time when strong leadership is needed to guide community colleges forward, a major crisis seems to be stirring (Eddy & VanDerLinden, 2006). According to some estimates, 45% of community college presidents will have retired by 2007 (Shults, 2001) and an even worse prediction offered by Weisman and Vaughan (2002) predict 79% of community college presidents will be retired by 2012. Echoing this view, Amey et al. (2002) assert that there is much work to be done in preparing the younger generations of community college leaders with skills and competencies necessary to meet this leadership challenge. There were two primary purposes addressed in this study. First, to further validate the AACC competencies by determining how current presidents and trustee board chairpersons from the states of New York and Florida rated the importance of the AACC (2005) characteristics and professional skills for effective community college leadership. Second, to identify those experiences and practices that community college presidents reported as helpful to their development of the six AACC leadership competencies. The results of this study provide support for the value of the six AACC competencies and offer important insights into the specific experiences that contributed to the development of these competencies for community college presidents. Specifically, there was consensus among New York and Florida community college presidents and trustee board chairpersons that all six competencies identified by AACC are "very" or "extremely" important for the success of community college leaders. Additionally, this study supported the philosophy that leader development is learned in many ways and that various leadership experiences contribute differently to the development of the AACC Competencies for Community College Leaders, some apparently more relevant to certain competencies than others. In conclusion, the results of this study provide community college leaders, boards of trustees, hiring committees and leadership development programmers with additional validation on the AACC competencies and those experiences and practices that community college presidents reported as helpful to their development of the six AACC leadership competencies.

A significant number of funeral homes in the United States are family-owned businesses. These family-owned funeral businesses contribute to society throughout generations to create wealth, provide employment opportunities, and serve the communities that surround them. The purpose of this descriptive multiple case study was to explore strategies that leaders of family-owned funeral business owners in the eastern region of the United States used for intergenerational succession planning. Game theory was the conceptual framework for the study. Data were collected from semistructured interviews with 3 family business owners and review of the family businesses' professional association websites and family historical documents. Yin's 5-step process served as a guide for analyzing data. Data analysis revealed 6 themes: family succession values, the game, the players, strategies, payoff and rewards, and the outcome. Implications of this study for social change include family business owners' enhanced awareness of successful strategies, which may improve business continuity leading to an increased rate of intergenerational transitions within the funeral industry.

The current nationwide shortage of registered nurses is a growing problem impacting patient care and hospital operations. The operating room is the area most affected by the nursing shortage. Reasons cited for this shortage include ineffective nursing orientation programs and a decline in job satisfaction. The purpose of this project was to develop a best practice succession planning educational program to provide novice operating room nurses with an introduction to the operating room. The Dreyfus model of skills acquisition and Benner's novice to expert theory guided this project. A 2-step process was used to assess and validate the content and quality of the educational program. In Phase 1, the educational program was distributed to 10 operating room nurse stakeholders for formative review. There was agreement from these reviewers that the educational program covered key concepts important for novice operating room nurses. Two recommendations were made for additional clarification. In Phase II, the educational program was revised and distributed to a group of 10 perioperative professionals for summative review using the AGREE II instrument. The summative review group found the educational program to be clear and concise. The overall summative approval of 100% and recommendations of both review groups guided the final development of the best practice educational module. This best practice educational module will provide a standardized program for educating novice operating room nurses. This project will contribute to positive social change by empowering these nurses while supporting safe care for all surgical patients. Dissemination will occur first within the organization and then to local and national organizations targeting operating room nurses.

O presente trabalho tem por objetivo mostrar que no sistema pátrio brasileiro é possível usar a doação como método de implementação de um planejamento sucessório e quais os ditames legais, doutrinários e jurisprudenciais o intérprete deve ter em conta para a tal proceder. Assim, se fará uma explanação dos elementos gerais do regime jurídico da doação e após se estudará os casos específicos de doação que afetam diretamente a sucessão do doador. / This paper intends to demonstrate that in the Brazilian´s system it is possible to use the gift as a means to succession planning implementation and which are the legal rules, doctrines and jurisprudences that the person should take into consideration in the process. A thorough explanation of the gift legal regime general elements will be followed by the study of specific donation cases that have affected directly the succession of the donator.

During the 1990's, most Hong Kong companies experienced extremely high Voluntary Turnover among middle managers. This thesis attempts to find the causes of such turnover through quantitative analysis and at the same time assess the state of Succession Planning implementation in 10 subsidiaries of US multinational companies as a potential remedy to such turnover. Lack of career advancement and promotion opportunities was found by employees to be the leading cause of voluntary turnover whereas employers believe basic salary and other remuneration components are the main causes. In 9 companies out of 10, Succession Planning is found to be short on basic success criteria such as formalization, buget, support from top management, I.T. support, integra- tion with strategic HR planning, accountability and continuous review process / thesis (PhDBusinessandManagement)--University of South Australia, 2003.

This thesis is involved with changes that have occurred to small mammal populations following a major disturbance in the Anglesea region as a result of the 1983 Ash Wednesday fires. Fire, with its effects on spatial and temporal heterogeneity, was found to be an important factor in the maintenance of vegetation and small mammal community structure and diversity in the region. Successional changes in vegetation and small mammal communities were described by multivariate analyses, using data collected annually from 22 study sites. The use of factor analysis techniques, in reducing the annual capture data content, enabled long-term changes in the structure of mammal communities to be interpreted. The small mammal communities in the coastal heath and forest vegetation in the Anglesea region show evidence of a general resilience, (the degree and speed of recovery), to disturbance. Two phases of successional response to fire by mammal species have been proposed; a ‘re-establishment’ phase which occurs in the initial 5-6 years post-fire and is accompanied by rapid increase in species’ abundance, and a subsequent ‘maintenance’ phase accompanied by relatively minor changes in abundance. Habitat Suitability Indices were produced relating to these phases. Vertical density measures of understorey shrubs and herb layers showed significant relationships with small mammal species abundance at the study sites. Long term studies following major disturbances are needed to distinguish between short term recovery of plant and animal species and long term changes in these species. Studies extending over a number of years enable a better directional view of changes in small mammal communities than can be determined from . observations made over a short period. As a part of the investigation into temporal change, it was proposed to undertake trial reintroductions of the Swamp antechinus, Ant echinus minimus, a marsupial dasyurid species which was trapped in the area prior to the 1983 fire, but rarely subsequently. Other more commonly observed native small mammal species (e.g. Rattus fuscipes,R. lutreolus, Antechinus stuartii, Sminthopsis leucopus) had re-invaded the proposed reintroduction site after this fire. Failure of A. minimus to re-establish may have been due to spatial separation of the pre-fire populations coupled with the extensive area burnt in 1983, A source population of the species was located about 100km to the west and habitat utilization and interspecific and niche relationships between the species making the small mammal community explored. Discriminant analysis revealed some spatial separation of species within a habitat based on structural vegetation factors rather than floristic factors. Temporal separation of species was observed, asA. minimus were more active than Rattus species during daylight periods. There was evidence of micro-habitat selection by species, and structural vegetation factors were most commonly identified in statistical analyses as contributing towards selection by small mammal species. Following a theoretical modelling study three reintroduction trials were carried out near Anglesea during 1992-94. Individuals were subsequently radio tracked, and habitat relationships between the species in the small mammal community investigated. Although successful breeding of A, minimus occurred during the latter two trials, the subsequent fate of offspring was not determined. Invasive techniques required to adequately monitor young animals were considered potentially too damaging. Telemetry studies indicated a preference of A. minimus for short, wet heath vegetation. Structural vegetation factors were identified as being significant in discriminating between capture locations of species. Small scale and inexpensive trial reintroductions have yielded valuable additional data on this species and may be viewed as a useful tool in the conservation of other small native mammals.

自從十五大以來人事佈局，中共已形成政治局常委屆齡不尋求連任的慣例，退休年齡也從十五大的70歲降到十七大的68歲，此將對派系政治產生深遠的影響。此外，中共亦透過「梯隊接班」模式來長期培養中青年幹部的方法，避免現任領導人死亡或解職後出現權力真空的狀態，並有效降低派系使用暴力手段解決政治繼承問題，有助於政局穩定。 因此，本文主要目的在探討1990年以後政治局常委之政治繼承，並就其年齡限制、任期制、梯隊接班與集體領導等制度面向觀察，以及分析影響中共政治繼承制度化之因素，來評估中共政治繼承是否進一步深化與制度化，並希望透過本論文的探討，據以窺測中共領導階層之政治繼承未來可能之走向與發展趨勢。 / Since the big 15th personnel arrangement , the CPC has been the formation of the Politburo Standing Committee member age is not seeking re-election practices.In addition, the CPC through the "echelon succession" model to long-term culture method of middle-aged cadres,to avoid death or dismissal of the current leader of the state of the power vacuum, and effectively reduce the factions to use violent means to solve the problem of political succession,contribute to political stability. Therefore, the main purpose of this study in 1990 after the Politburo Standing Committee Political inheritance and the age limit, the tenure system, echelon succession and collective leadership system-oriented observation, and analysis influenced the CPC's political inheritance of the institutional factors, to assess The Chinese Communist political succession whether to further deepen and institutionalize .And hope that through the discussions in this thesis, to look into the depths of the political inheritance of the Chinese Communist leadership possible in the future direction and development of trends.

Thesis (D. Min.)--Reformed Theological Seminary, Charlotte, NC, 2005. / Abstract and vita. Includes bibliographical references (leaves 186-196).