Yes / The report entitled “Legal capacity and decision making: The ethical implications of lack of legal capacity on the lives of people with dementia” received funding under an operating grant from the European Union’s Health Programme (2014–2020).

The business judgment rule is used by American courts to establish whether a director has fulfilled his duty of care. It is based on the concept that the directors are legally empowered to manage a corporation's affairs, and the courts accordingly do not interfere with the exercise of those powers unless a board's action is tainted by fraud or self-interest. The courts will not review a business decision where, acting in good faith, the board has truly applied itself to making an informed decision. In certain circumstances, where self-interest on the part of directors is more likely to be a factor, a stricter test is applied. The business judgment rule is implicit in the judgments of English and South African courts and the King Committee has recommended its formal recognition in South Africa. The need for such formal recognition and stricter interpretation of the duty of care and skill discussed. / Private Law / LL.M.

Resumen: El presente artículo expone sobre las implicancias que una educación legal tradicional puede ocasionar al estudiante de derecho en el campo profesional. En vista de lo anterior, se propone una educación legal moderna basada en las competencias del alumno, para luego reflexionar sobre la formación jurídica y el nuevo rol del abogado en un contexto de cambios. Asimismo, la autora presenta a las clínicas jurídicas como una alternativa a la enseñanza legal tradicional y medita sobre los retos que enfrenta su aplicación en el sistema de educación legal peruano. Finalmente, termina compartiendo algunas experiencias de Facultades de Derecho que incorporaron la educación clínica.

This thesis deals with sanctioning of legal persons under the Act No. 418/2011 Coll., on Criminal Liability of Legal Entities and Legal Proceedings against them (hereinafter referred to as "Act"). The main part of the paper consists in detailed analysis of the sanctions that may be imposed on legal persons. The main goal of the thesis was to evaluate this relatively new area of legislation which has not been amended to this day in any significant way. Special focus was given to the evaluation of whether the effective legislation in question is complex, sufficient and flawless or whether any amendment is necessary. The preface introduces the main topic, goals and the structure of the thesis. The thesis in general is divided into four parts. The second part deals with the basic institutes related to the criminal liability of legal persons and their sanctioning. The character of legal persons is defined, as well as the range of relevant legal entities on which the legislation in question is applicable. Also different approaches to the sanctioning of legal entities are introduced followed by brief analysis of the basic principles of the criminal liability of legal persons in Czech Republic in accordance with the principle of imputability of a crime to a legal person. The focal point of the thesis can...

UNIVERZITA KARLOVA V PRAZE PRÁVNICKÁ FAKULTA Ing. Vojtěch KMENT Vnitřní předpisy a právní řád České republiky Bylaws and the legal system of the Czech Republic Diplomová práce Vedoucí práce: JUDr. Karel Beran, Ph.D. Katedra: Katedra teorie práva a právních učení Datum vypracování práce: srpen 2011 Abstract (english): Bylaws and the legal system of the Czech Republic The purpose of my thesis is to provide some theory on bylaws which will help to identify their existence and particularly the legal obligations and/or rights they constitute. I located areas in which the bylaws may exist in the context of the legal system of Czech Republic, conditions of their valid promulgation and other circumstances when they may constitute legally binding obligations or rights. This thesis uses the term bylaws for the abstract normative acts which are not generally binding and which do not constitute the common contracts, i.e. the common concept in which they are used within the current Czech law. Bylaws are traditionally considered out of the scope of interest of the academic as well as the professional lawyers as legal documents of a very low degree. Yet they exist and proliferate nearly everywhere and establish a vast amount of various legal obligations or even rights which the average citizen quite often finds difficult...

The aim of this diploma thesis is to describe the main properties of the legal judgment in a private law - legal effect and enforcement. The focus is on the accurate analysis of the traditional institutions of the private process. It is not examined only from the point of view of the valid legal regulation but also according to the reasoning of the legal theory and from the conclusions of the legal practice. Theoretical interpretation is often supported by practical examples that are used to improve the intelligibility of the thesis and understandability of individual problems. The diploma thesis is mainly focused on the issue of the legal effect of judgment. In relation with that there is explained the essence and purpose of this institution. Legal effect is conceived as the set of the specific properties (impacts), that the judgment acquires when the legal presumptions are fulfilled. There are defined the concepts of the formal and material legal effect including their mutual relation. Attention is also given to the individual impacts of the legal effect as the finality, the immutability and the obligation of the judgment. There is described not only its legal nature but also the specific utterances and consequences of its application. Following interpretation of bounds of the legal effect tries...

(Abstract in English) This thesis deals with certain question of criminal liability in the case of legal ethities, which presents a recent phenomenon in Czech legal setting. The most important reason for working on this subject was my interest in the area of criminal law. In this context, the new law on criminal liability of legal persons constituted an ideal subject for processing, which would allow me deeper acquaintance with the problems about this important topic. In the Chapter One the work describes genesis of a newly adopted law in Czech republic and in the next Chapter Two compares it with another bill, which was proposed and promptly rejecter by the Parliament in the first reading in 2004. It goes on to analyse the question of presidential veto and its consequences. The Chapter Three, about the main lines of argumentation is subdivided into two parts. Part One describes the main lines of argumentation used by proponents of this new law, including a range of examples from the area of environment protection. Part Two deals with the main lines of argumentation used by adversaries of this new law. The Chapter Four describes the importance of the selected institutes of the law on criminal liability of legal entities. The work's focal point lies in the analysis of key elements of Czech law in the...

The aim of this thesis is to assess the Czech legislation in legal actions of persons suffering from mental disorder. The thesis is composed of five chapters. The first chapter describes the historical background of the topic. In the second chapter I describe in detail basic terms such as legal action, legal capacity and mental disorder, since these are important and essential for the thesis. The fundamental part of the thesis discusses institutes that support the legal conduct of persons suffering from mental disorder. These are preliminary statement, assist in determining, the representation of a household member, incapacitation and limitations associated with the institute guardian. The final chapter describes the fundamental international legal documents that influenced the Czech legislation.

[pt] Qual é o efeito de um mercado de controle corporativo mais ativo sobre a estrutura de propriedade das firmas? Nós mostramos que, em economias com severas imperfeições no mercado de crédito, empreendedores ilíquidos elevam seus blocos de controle para que, numa disputa pelo controle, os limitados recursos que dispõem sejam suficientes para derrotar as tentativas de aquisições. À medida que a restrição financeira do empreendedor se afrouxa, a ameaça de aquisições perde força e o tamanho do bloco de controle se reduz. O modelo prevê que o tamanho dos blocos de controle em carveouts deve ser menos sensível ao nível de atividade do mercado de controle do que aquele em aberturas de capital de firmas independentes. / [en] What is the effect of greater activity in the market for corporate control on firms´ ownership structure ? We show that, in economies with malfunctioning credit markets, illiquid entrepreneurs increase their blocks´ size, so that in a context for control, their limited resources suffices to defeat takeover attempts. As entrepreneur´s financial restriction is softened, the threat of takeovers dwindles and the size of the controlling blocks falls. The model predicts that sales of shares in carve-outs should be less sensitive to the level of activity in the market for control than thos in IPOs of independent firms.

Le résumé en français n'a pas été communiqué par l'auteur. / Le résumé en anglais n'a pas été communiqué par l'auteur.