RESUME The thesis 'Personal prose with an authorial commentary' consists of two parts. The first part is the authorial prose. The prose is titled The Subject: This is a novel in emails describing a partnership triangle. Jirka responds to Danka's advertisement on an Internet dating site looking for a pen pal. Although both of them are living with a partner their pen friendship grows into a love afair. The relationship and intimacy of characters are revealed through the correspondence of other people. Not only does Jirka correspond with Karel, his friend, but also his girlfriend confides Jirka's behavior to her friend Šárka. Jirka gets himself into a difficult position between two women. They then resolve the situation for him - both abandon him. In the second part of the thesis - reflection - the circumstances of the work's origin are discussed and particular aspects of the novel are reflected. In addition to the plot construction, character configuration and their characteristics the main focus is on the meaning of the work, and due to which the work's conclusion and the title have suffered. Coping with the form of emails, which is used in the novel, is also taken into consideration and the inclusion of the text into the genre of women's literature. The inability to cross autobiographical borders and...

The thesis deals with the analysis of the literary titles and literary female heroines, that entered into the title of a literary work. The theoretical part first discusses the concept of womanhood for two important philosophers - Gilles Lipovetsky in his work, The third wife[1] and Milan Machovec in the publication Philosophy in the face of the demise of[2] . The Centre of gravity of the theoretical basis regarding the literary theoretical categories - titles and literary characters, Josef Peterka textbooks represent the Theory of literature for teachers[3] , the rigorous work of Josef Lesak Poetics in contemporary Czech prose[4] and an extensive theoretical literary publication of Daniela Hodrová . ... on the edge of chaos[5] . The knowledge from the theoretical part is applied to the analytical part of the thesis, which discusses titles of the nine selected literary works and nine female heroines of Czech prose of the 2nd half of the 20th century and the beginning of the 21st century, who have been highlighted in the titles of these literary works. [1] LIPOVETSKY, Gilles: Third wife, Prague: Prostor, 2000. [2] MACHOVEC, Milan: Philosophy in the face of extinction. Prague: Akropolis, 2006. [3] PETERKA, Josef: Theory of literature for teachers. Prague: Charles University in Prague, Faculty of...

Due to the current time requirements the side arrangements are an important part of the contractual relations. During the negotiation a substantial attention of the contracting parties is needed, because the legal form of the side agreements is very short and ambiguous, with possibility of extensive deviation from the letter of law. After the legal research we can say that this theme is a very diverse, which is difficult to grasp by the legislature in its whole entirety, because the principle of a liberty of a contract always relativizes any conclusion provided by the theory and practice. The issue of the side arrangements is very scattered in the legal system of the Czech Republic and this thesis had for one's object to analyse the most important side agreements which are negotiated with the purchase or other agreement. In terms of the target of this work the legal form of side arrangements under the Civil Code and Commercial Code was analysed. The thesis also deals with the limitation of side arrangements and opportunity to negotiate other arrangements which aren't directly regulated by the Civil Code or Commercial Code. By reason that the work focuses on the side arrangements regulated by the Civil Code, it was necessary to take this fact into account. That's why each of side arrangement, which...

The first part of the thesis deals with a description of legal relationships in the international trade and explains the term "international element." Further there is a short description of private international law and international trade law. The second part of the thesis is focused on securing of contractual obligations in the international trade. The third part concerns with explanation of the basic forms of legal relationships in the international trade regulation with regard to securing of contractual obligations. The final part of the thesis deals with a description of securing instruments used in the international trade. At the end of this part there are listed factors which influence the choice of a suitable securing instrument.

Made available in DSpace on 2016-04-26T20:23:01Z (GMT). No. of bitstreams: 1 Marcelo Franchi Winter.pdf: 927409 bytes, checksum: c232a0e890cf58ef7c2fb77318ab045c (MD5) Previous issue date: 2014-08-15 / The Agribusiness Receivables Certificate, created by the Law n. 11.076 of December, 30, 2004, in order to increase the share of the private capital in the financing of national agribusiness, is a title of credit that represents the promise to pay in cash, linked to credit rights originated in the agribusiness, issued exclusively by of an agribusiness securitization company. In practical terms, it is a specific securitization instrument applied to the agribusiness sector that grants to the investor safety, liquidity, tax benefits, high capital return and low risks, and to the borrower liquidity, better funding costs and new funding resources. This work, therefore, has the purpose to provide an detailed analysis of the agribusiness receivables certificate in Brazil in order to demonstrate that this kind of transaction can be utilized as an accelerator to the development of the agribusiness sector, as well as happened in others sectors of the economy as the case of the real state with the real state receivables certificate / O Certificado de Recebíveis do Agronegócio, criado em 2004 pela Lei 11.076, de 30 de dezembro, com a finalidade de fomentar a participação privada no financiamento do agronegócio nacional, é um título de crédito representativo da promessa de pagamento em dinheiro vinculado a direitos creditórios do agronegócio de emissão exclusiva de companhia securitizadora do agronegócio. Na prática, trata-se de um instrumento de securitização específico para o setor do agronegócio que confere ao investidor segurança, benefícios fiscais, alto retorno do capital investido e redução de riscos, e ao tomador liquidez, melhores taxas de captação e novas fontes de financiamento. O presente trabalho, portanto, tem como objetivo fazer uma análise detalhada do Certificado de Recebíveis do Agronegócio no Brasil, de forma a demonstrar que esse tipo de operação de securitização pode ser um catalizador para o desenvolvimento do setor do agronegócio, assim como já ocorreu com outros setores da economia, como foi o caso do setor imobiliário com o Certificado de Recebíveis Imobiliário

This thesis contends that; in mainstream rural residential development around the Australian Capital Territory, use of community title guidelines for sub-division should consider social processes and environmental considerations along-side economic imperatives and interactions. Community title is a form of land tenure that allows for private freehold ownership of land as well as community owned land within the one sub-division. In New South Wales, community title was introduced in 1990 under the Community Land Development Act 1989 (NSW) and the Community Land Management Act 1989 (NSW). Since the introduction of community title, upwards of one hundred and fifty developments, ranging from just a few blocks to the size of small suburbs, have been approved throughout the state. The original aim of community title was to provide a legal framework that underpinned theme-based broad-acre development. Themebased development could include a Permaculture© village, a rural retreat for likeminded equine enthusiasts, or even a medieval village. Community title is also seen as an expedient form of land tenure for both developers and shire councils. Under community title, a developer only has to submit a single development application for a multi-stage development. This can significantly reduce a developer's exposure to risk. From a shire council's perspective, common land and resources within a development, which would otherwise revert to council responsibility for management, becomes the collective responsibility of all the land owners within the development, effectively obviating council from any responsibility for management of that land. Community title is also being touted in planning and policy as a way of achieving 'sustainable' environmental management in new subdivisions. The apparent expediency of community title has meant that development under these guidelines has very quickly moved beyond theme-based development into mainstream rural residential development. Community title effectively provides a framework for participatory governance of these developments. The rules governing a community title development are set out in the management statement, which is submitted to the local council and the state government with the development application. A community association, which includes all lot owners, manages the development. Unless written into the original development application, the council has no role in the management of the common land and resources. This thesis looks at the peri-urban zone around one of Australia's fastest growing cities - Canberra, whose population growth and relative affluence is impacting on rural residential activity in the shires surrounding the Australian Capital Territory. Yarrowlumla Shire, immediately adjacent to the ACT, has experienced a 362 percent increase in population since 1971. Much of this growth has been in the form of rural residential or hobby farm development. Since 1990, about fifteen percent of the development in Yarrowlumla Shire has been community title. The Yass Shire, to the north of the ACT, has shown a forty five percent population increase since 1971. Community title in that shire has accounted for over fifty percent of development since 1990. The thesis case study is set in Yass Shire. The major research question addressed in the thesis is; does community title, within the context of rural residential development around the Australian Capital Territory, facilitate community-based environmental management and education? Subsidiary questions are; what are the issues in and around rural residential developments within the context of the study, who are the stakeholders and what role do they play and; what skills and support are required to facilitate community-based environmental management and education within the context of the study area? To answer the research questions I undertook an interpretive case study, using ethnographic methods, of rural residential development near the village of Murrumbateman in the Yass Shire, thirty kilometres north of Canberra. At the time of the study, which was undertaken in 1996, the developments involved had been established for about four years. The case study revealed that, as a result of stakeholders and residents not being prepared for the management implications of community title, un-necessary conflict was created between residents and between residents and stakeholders. Community-based environmental management issues were not considered until these issues of conflict were addressed and residents had spent enough time in the estates to familiarise themselves with their environment and with each other. Once residents realised that decisions made by the community association could affect them, there developed a desire to participate in the process of management. Eventually, earlier obstacles were overcome and a sense of community began to develop through involvement in the community association. As residents became more involved, the benefits of having ownership of the community association began to emerge. However, this research found that management of a broad acre rural residential development under community title was far more complicated than any of the stakeholders, or any but the most legally minded residents, were prepared for.

Achieving economic equality between men and women is a challenge to every country. The approach taken politically and legally in Sweden is to encourage a greater economic independence of women from the family through paid work, as well encouraging men to assume a greater share of unpaid work, particularly parental leave, resulting in a lessening of the double burden of work for women. These efforts have made within the context of the parameters of the Swedish model with respect to labor, in which the preferred mechanism of resolution is agreement between the social partners and not legislation. To this end, the Swedish collective agreements have been analyzed specifically with respect to taking parental leave. The other parameters in the area of sex equality applicable to the Swedish system are those as defined by Community law, specifically the equal treatment and equal pay directives, against which the Swedish regulations as well as case law applying such are assessed. This work takes the Swedish approach to the problem of economic equality and compares it to the approaches as found in EU, UK and US law. In the UK, there has been a recent emphasis on a family friendly workplace, which is to be achieved at least in part through flexible working. The American approach has focused on discriminatory behavior as a societal phenomena. Comparisons to these two national systems are interesting also from an industrial relations aspect, as Sweden is the most unionized at 80 %, followed by the UK and then by the US at only 15 %. The findings of this thesis suggest that Sweden may need to reassess its approach to equality between the sexes, as well as issues of discrimination in general, incorporating aspects of access to justice into the legal system, as well as reassessing the role of the labor unions, and the Swedish model, with respect to such questions in general...

La sous-traitance est une pratique constante dans le domaine de la construction, en raison de ses atouts économiques et techniques. Par cette pratique, les sous-traitants effectuent des travaux sans être, sur le plan juridique, liés contractuellement au maître de l’ouvrage. Comment assurer le paiement de leurs créances, eu égard au risque de défaillance de l'entrepreneur. Le législateur a prévu un régime légal de protection et la pratique a élaboré des mécanismes. Le régime légal, bien qu’il assure efficacement la protection des créances des sous-traitants, comporte certaines faiblesses dans son application qui peuvent causer des inconvénients aux sous-traitants et au propriétaire. L’assurance de titres et des retenues de fonds par l’institution financière ou le notaire peuvent pallier ces difficultés pour le propriétaire. Les mécanismes de protection élaborés par la pratique, tels que le cautionnement et les garanties monétaires, accroissent la protection des sous-traitants lorsqu’ils sont utilisés parallèlement au régime légal et profitent au propriétaire. / Subcontracting is an established practice in the construction industry, because of its economic and technical strengths. Through this practice, sub-contractors perform work without being contractually bound to the client. How to ensure payment of their claims, given the risk of default by the contractor. The legislature has provided a statutory system of protection and the practice has developed mechanisms. Although the statutory scheme ensures effective protection of subcontractors’ claims, it has certain weaknesses in its application, which may cause inconveniences to the subcontractors and the owner. Title insurance and the withholding of funds by the financial institution or notary can overcome these difficulties for the owner. The protection mechanisms developed through practice, such as bond and currency guarantees, increase the protection of subcontractors when used in conjunction with the statutory scheme and benefits the owner.

Legal decisions on Aboriginal rights and title and treaty negotiations with First Nations in British Columbia (BC) are inextricably linked. While much has been written on the impacts of a small number of such legal decisions, there has been very little research that critically examines how legal decisions on Aboriginal rights and title, in general, influence the way the parties to the BC treaty process conduct treaty negotiations. In-depth interviews with ten First Nations, provincial, and federal chief negotiators/advisers, together with British Columbia Treaty Commission (BCTC) commissioners and senior-level program staff, suggest that legal decisions on Aboriginal rights and title influence the conduct of treaty negotiations in an indirect and serpentine manner. Further to this, the results suggest that legal decisions on Aboriginal rights and title may act to simultaneously facilitate and constrain the conduct of negotiations.

Wik, Wik-Way and Kugu people (Wik people) in Aurukun Shire on Cape York Peninsula (CYP) are among the most socio-economically disadvantaged groups in Australia. While Wik people are presently reliant on government work for welfare programs for income, elders have a vision of economic independence and self-reliance. The large area of native Darwin stringybark (Eucalyptus tetrodonta) forest on traditional Wik land is a potential engine for economic development, which could provide meaningful employment, and contribute to other Wik socio-economic objectives, including facilitating population decentralisation and consolidation of cultural obligations to manage country through provision of on country employment, reducing welfare dependency and expenditure on timber purchases from outside CYP, and increasing income and skill levels in the community. A large proportion of the higher-quality timber resource on traditional Wik land is situated on bauxite mining leases and the current practice is to clear, windrow and burn this timber prior to commencement of mining. A Wik native forest timber industry could make use of this wasted high-quality timber resource. The objectives of this thesis were to: determine the property rights of Wik people to the timber resource on their traditional land; assess whether forestry operations in Darwin stringybark forests in the study area are likely to be financially viable; and generate a suite of optimal timber utilisation strategies for Wik people, subject to cultural, ecological and economic constraints. This required economic research in the areas of indigenous property rights, private and social costs and benefits of forestry, timber markets, and evaluation and application of economic analysis techniques for appraisal of forestry development opportunities. A social cost-benefit analysis of the privately optimal timber utilisation policies has also been performed to support the decision-making of government policy-makers. This research project was a demanding and complex undertaking, not least because the research was being performed in a unique and diverse indigenous cultural environment where there is a need to respect cultural and research ethics protocols, where formal participatory research methods are inappropriate and where gatekeepers are particularly zealous about ‘protecting’ Wik people from ‘outsiders’. In addition, the property rights of Wik people to timber resources had never previously been analysed methodically, timber inventory and timber market information was lacking for CYP, and there are difficulties in transferring parameter estimates from the industrial hardwood timber industry of Australia to culturally appropriate indigenous operations on CYP. A critical research step was to develop a rapport with Wik people and gain an insight into their forestry objectives, through a number of visits to Aurukun Shire and informal discussions with elders on country. The property rights of Wik people to timber resources have been assessed by reviewing Federal and State Government legislation, court rulings, regional development policies and the Queensland Code of Practice for Native Forest Timber Production on State-owned lands. A timber inventory was conducted over 580,000 ha of Darwin stringybark forest, individual-tree volume and taper models were developed, and a geographical information system was used in estimation of harvestable timber volume and its spatial distribution. To facilitate information transfer to Wik people, expertise was gained in the use of forest visualisation software to pictorially display timber inventory data. A review of literature and discussions with experts identified technically feasible timber processing opportunities for CYP timbers. An informal telephone and in-person survey of 46 businesses, local councils and government agencies in north and south Queensland and the Northern Territory provided market information about CYP timbers. Concepts of a culturally appropriate working week and culturally appropriate rate of production were developed to assist the estimation of cost structures for a Wik timber industry, based on cost estimates for non-indigenous Australian hardwood forestry enterprises that had been obtained from discussion with forestry experts and ‘grey literature’. Generation and evaluation of a suite of privately optimal timber utilisation strategies for Wik people has been supported by the development of a mixed-integer goal programming (GP) model using the GAMS software package. The social analysis of the privately optimal strategies has been performed by adjusting private net present values (NPV) estimated by the GP model with shadow prices and transfer payments. In particular, a carbon model has been developed to estimate the value of carbon emitted by the Wik timber industry. The GP model analysis suggests that a Wik timber industry can generate a positive financial NPV if seed funding of at least $0.5 M is available. In general, privately optimal forestry strategies for Wik people generated by the GP model utilise relatively low-technology equipment, including portable sawmills and air-drying sheds, and produce undressed timber products such as structural timber. This contrasts strongly with Wik visions of an industry selling mostly unprocessed logs or woodchips and non-indigenous representatives of Wik people favouring the manufacture of high-value strip-flooring and furniture. The social analysis of privately optimal timber utilisation strategies reveals that social NPVs are much higher than financial NPVs, even when accounting for the costs of ecosystem services foregone by logging native forest. The establishment of a culturally appropriate Wik timber industry can be expected to generate net social benefits for Australia.