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This article analyses the basis, function and importance of prevention. The main task lies in tort law. Recommendation of a punitive function of tort law but to underline the preventive function which leads towards to the preventive liability for neglected duty of prevention.
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Presentation of general clauses as a phenomenon in private law, their function and position a as tool of interpretation. Analyses of ordre public as one of general clauses. Various forms of ordre public: ordre public of a police regime, ordre public in international private law, law of international civil procedure, ordre public in private law with a focus on French law. Introduced in to the Czech Civil Code (the ordre public interne) became a defensive mechanism against most dangerous influences. Resolution for domestic ordre public: it is based on fundamental rights.
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In this article the authors describe the level of legal literacy of young people and the role of institutional and non-institutional education in the Czech Republic. The concept of legal literacy is by the authors understood as the ability to understand words used in a legal context, draw the appropriate conclusions from them and to use those conclusions to take action, and includes thus the component of knowledge, skills and attitudes. The article characterises the influence of both the institutional and non-institutional education on the level of legal literacy of young people and provides a critical analysis. First, the authors on the basis of available documents describe the current state of legal literacy of young people. Than they present the goal in terms of the legal literacy that the Czech Republic sets in the documents of the government or ministries. The second part of the article lists the main barriers to the development of legal literacy of young people and selects the one that possesses according to the authors the greatest potential to become a starter of a positive change – the teachers. The last part of the article identifies the main obstacles, which prevent teachers from positively influencing the legal literacy of young people. At the very end, the authors propose concrete measures to improve the current situation.
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The principle of proportionality which emerged in post-war German jurisprudence and case-law of German courts followed some older theories and ideas, such as the necessity principle known from the Prussian administrative law since the 18th century or German school of legal sociology. The main impetus for the development of contemporary form of the proportionality principle is described by the author of this article as post-war German constitutional doctrine with its conception of a constitution as an “objective order of values”. This idea of constitution is connected with fundamental rights protection and material, not only formal, conception of state governed by law. Due to the broad protection of fundamental rights there was necessary to elaborate a method of finding constitutional limits of these rights in a democratic society. The main reasons for the formation of the doctrine of proportionality were theories of direct binding force of constitution and of its unity. The main aim of this article is to illustrate that the principle of proportionality was not formed in the German constitutional law in one moment. Namely in the 1960th there existed various alternative conceptions to the proportionality principle (the article mentions prohibition of over-inclusive regulation – Übermaßverbot – by Peter Lerche and the principle of practical concordance – praktische Konkordanz – by Konrad Hesse). The principle of proportionality became due to the gradual formation in case-law of German courts – in particular the Federal Constitutional Court – one of the most important method of contemporary constitutional argumentation. It is however relatively modern principle, in comparison with conceptions such as democracy, sovereignty or rule of law. Despite this fact it is in my opinion important to deal with the circumstances of its birth and reasons for its wide application in the German constitutional law.
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Description and analysis of the development of the judicial review of contract in the mass consume. Principles, main conditions and approaches in various jurisdictions. Effort on fundamental criterion. Resolution of the regulation in the Czech Civil Code.
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All research identifying the issue of occupational competence among university graduates in Poland should pay an important role in the process of planning the educational system. That demand is connected with the assumption that there is a direct connection between the educational offers of Polish universities and the main labour market indexes. Regardless of the commonly discussed strength of that connection, it should be claimed that the area of research practice is full of competitive methodology. The variety of research attitudes raises some vagueness in the interpretation of the results of generalization about the graduates’ population. Research presented herein is based on the graduates’ personal opinions about the possibility of acquisition of occupational competence (during their studies) in the context of employers’ actual expectations. The research sample consists of Polish employed graduates of private economic universities in Wrocław and its regions.
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A discussion about the migration of Polish society after the accession of Poland to the European Union appears to be unjustified. The phenomenon of the migration of Polish society reaches the XIXth century, when about four million Polish emigrants settled down in the United States of America. Since the middle of the XIXth century the migration for employment has played the most important role in Poland. In the article its authors conducted the analysis of Polish migration since 2004. Statistical material comes from Polish Central Statistical Office, reports and research results. The main hypothesis of the article is that the effect of the accession of Poland to the European Union was the increase in the employment mobility of Polish workers due to the improvement of institutional conditions. The second hypothesis showed that on account of social-economic conditions inhabitants of eastern Poland, much more often decided on moving abroad than the residents of better developed areas of western Poland. However, the conducted data analysis of applying contemporary emigration did not prove the second hypothesis. It only let state that economic changes had a great impact on the scale volatility of the number of people who emigrated after 2004. The biggest decrease of the number of Polish emigrants took place in 2009 (nearly 40% year to year) which was connected with the economic crisis. The goal of this article is an analysis of Polish migration in the years 2004–2013. The authors conducted the analysis in the view of age and gender. The article describes the phenomenon of Polish migration before the accession to the European Union in 2004.
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