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The paper presents the concept of the third party beneficiary as a specific contractual party, as well as the discussion upon the legal status of the beneficiary. Depending upon the actual situation, the third party beneficiaries are divided into three categories: incidental beneficiary (a person, who gets benefit from the contract accidentally or favor has not been considered by the original parties of the contract during the formulation of the contract); express beneficiary (a person explicitly named as a beneficiary in the contract); implicit beneficiary (a person, who’s right to benefit can be derived from the true will of the original parties and the circumstances, though his right was not expressly worded in the contract). The mandatory requirements to the formulation of contractual clause in favor of the third party are also comprehensively described in the paper. The main instance for a valid stipulation is the identifiability. The beneficiary must be identified with sufficient certainty at the time of performance of the clause. This statement refers to the main European contract law documents: UNIDROIT principles of international commercial law and The Principles of European Contract Law. The meaning of the beneficiaries will upon the vesting of a contractual right is also discussed in this paper. The beneficiary right actually arises at the moment of either stipulation in his or her favor or only after he or she accepts the clause. It depends on the doctrine that applies in the jurisdiction. The most common “confirmation” doctrine as well as a more seldom “acceptance” doctrine are overviewed in the paper in order to give a full picture of the third party beneficiary position over jurisdictions of Europe.
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Actions by Egyptian Defense Minister on July 3rd, 2013 raised a question on what sort of means secure democratic military control and whether a democratic state can limit and control the use of force in a democratic manner. For this reason, in comparison with constitutional provisions of other states that embody different forms of government, this article analyses the constitutional status of a state leader as a head of military forces that was infixed in the Constitution of the Arab Republic of Egypt of December 26th, 2012, and also what constitutional fundamentals existed for Egyptian Defense Minister to perform actions on July 3rd, 2013, or to prevent these actions from materializing. The process that at the moment is in action in Egypt is an important test for democracy, which up until now the state has been having trouble to pass. When looking at the state government system provisioned by the Constitution of the Arab Republic of Egypt of December 26th, 2012, it becomes clear that the Constitution lacks more visible balance of power, which in turn creates the lack of democracy. Various military councils and military forces are equal to other three state powers (legislative, executive and judicial), but in a democratic country, military institutions of the state cannot be ascribed to state government institutions and furthermore have a priority over them. On the contrary, military state institutions must be liable to civil state institutions and must be controlled by them, and their decisions must be based on decisions by civil state institutions. Actions by Egyptian Defense Minister on July 3rd, 2013 were performed in breach of constitutional provisions that were set by the nation to live in accordance with, and this Constitution was validated in a referendum. According to the Constitution, Defense Minister is not the Protector of the Constitution; furthermore, no right is provisioned for him to terminate the validity of the Constitution. The Egyptian Constitution does not provide the Defense Minister with a right to dismiss the President of the Republic from the office and to appoint a constitutional jurisdiction judge to a temporary President office. What is more, it was possible to solve a political crisis apparent in a country and to avoid breaches of the Constitution by implementing other constitutional means (noconfidence, impeachment or election institutions).
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Architecture is one of the most distinct expression forms of power. According to Deyan Sudjic, the author of the book The Edifice Complex (2010), rich and powerful – and their architects – shape the world. On the other hand, being such an exceptional tool of image formation, architecture develops and promotes awareness of identity of a city and human being. But architecture cannot be always so easily readable as typical for a certain state, city or person, and related to a specific place. No less effective conception of power and nationality in architecture is usually encoded by its indirect, (consciously and unconsciously) concealed meanings. Specific atmosphere, peculiarity of some particular place is created by how one can orientate in the city, what captures the attention, how can the multitude move (and is moving) in the city. Through these, often subconscious factors we identify ourselves with cities, remember them while traveling and make associations. This article aims to analyze the indirect ways, by which a construct of national identity is created through architecture and its images, patriotic feelings are encouraged and image of the country if developed. This is the first part of the article which consists of two parts.
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Even though sociolinguistic studies have addressed a considerable variety of social factors which influence language use, the cultural significance of music has not received sufficient attention. From the early years of rock and roll to the present day, singers have been modifying their language to subscribe to genre conventions and construct distinctive identities. The present paper focuses on sung pronunciation and the role of slang in establishing a subcultural identity in the music of street punk / Oi!. The principal aim is to analyse the dialect models which are chosen both by British and American bands, in order to relate their linguistic behaviour to broader interpretations of identity goals and group affiliations. The scope of the study is limited to 80 songs, while both quantitative and qualitative methods are employed to analyse the tendencies, with a maintained focus on the Cockney vernacular of the British working class. The results revealed that Oi! bands tend to index such a working-class identity by adopting some of its pronunciation features and specific slang, as well as articulating the values of the skinhead subculture and distancing undesirable groups.
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One of the most important features of historical architecture is the ability to convey social, political and religious ideas through its forms. Ancient Greek architecture featured this ability for the first time in the history of Western Europe. Nevertheless, ancient Greek culture was divided into two politically and culturally radically different periods in which the uniqueness of architecture played quite a different role. Case studies show that the classical period architecture reflected transcendental idea of perfection: architecture was not to be original, but meet requirements of refined proportions. Priority of architecture was to shape public spaces and metaphorically convey political ideas through structure of composition. Hellenistic period architecture was designed in order to empower its founders and creators while architecture had lost its transcendental imagery. Architectural expression at the time was heavily influenced by these factors as size of the buildings, situation and straightforwardly articulated political imagery.
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The article examines a unique niche of Lithuanian discography – pianola records. The study also analyses a modernized piano-pianola construction, which reached its peak in the beginning of the XX century, as well as manufacturing technology of pianola records and the reasons why Lithuanian rolls for pianola were created. Moreover, the article presents the first promoters, authors, publishers, and arrangers of such records. Musical expression possibilities in Lithuanian community in the USA at that time and the formation of the need for popular pianola music are considered with emphasis on the contribution by the first publishers: Augustas Antpusaitis, Jonas Žemaitis and Vincas Nickus.
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Art education, like the phenomenon or art, involves specific methods of (self-)education. One such method-to-be-used and emphasised focuses on reflection stimulating internalisation of culture, art values, making art appreciation, the process itself closer to personal relation, personal experience. The article deals with the concept of reflection, the educational aspect of reflection, and opportunities art (self-)education provides. It analyses reflection as well as change of the concept of art emphasised in art and culture theories. The kinds of reflection are the following: content, process, preconditions, and are possibilities for implementation of art (self-)education. Reflection as a theoretical construct, feature, method is encouraging re-thinking of the changing relation between art, culture, social world and us.
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Intelligent collaborative learning systems are widely considered a subset of collaborative systems employed in organizations where computer assisted training is applied. This paper approaches some usability concerns related to a previously presented learning system based on the RDF and ontological modeling of e-learning content and processes. Our studies try to integrate knowledge models expressed as RDF with interaction design in a learning context. Direct feedback is individualized for test subjects and learning-related tasks, especially form-filling and concept acquisition
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The study illustrates the relationship between the accreditation process, as a process of increasing the quality of higher education and market demands, regarding the competences of future graduates. Analyzing the characteristics of the higher education system and of the main characteristics, that define the competences of candidates within employing companies, the authors try to identify the frequency of required occupations, closely related to the academic offer of the International Management Master program at the German line of study. The aims of this article are: to measure the frequency of occupations specific to the economical field within German companies, that act as major employers of our graduates and also to establish which competences are most likely to be used within each analyzed occupation. Therefore, Gemba observation charts have been developed, in order to measure the frequency, importance and utility of each competence unit. The occupations and the competences of the graduates are the dependent variables and the independent variable is given by the questioned companies. Our results highlight the occupations that are most likely to be performed by a master graduate within German employing companies and the competences that are most required within these companies.
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Based on the theory of cointegration introduced by Engle and Granger and on the methodology developed by Johansen, this paper investigates long term cointegration between Central-Eastern European stock markets and the consequences of using Pairs Trading strategy as an investment approach. The stock price indexes of Romania, Hungary and Czech Republic are used, with daily data spanning from 4 January 1999 to 30 December 2009. The findings of this article outline optimum portfolios build using long and short positions of financial assets.
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The study examines the question of part time employment as an example of atypical employment in Hungary through the evaluation of a questionnaire conducted at a Budapest based business that deals with tender writing. The study was induced by the phenomenon that labor market experts favor atypical forms of employment (as its beneficial influence on the increase in employment is widely recognized). The aim of the study is to define the employee’s attitude to the introduction of atypical forms of employment as well as to find out what proportion of the examined staff would take advantage of part time employment and in what life situations. The results of the analysis show that the introduction of atypical forms of employment is feasible. The employees’ attitude, company regulations as well as the practice of the human resources show good signs of a successful introduction.
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This paper intends to study the unemployed population’s social and demographic characteristics from a Romanian county, as well as the influence of factors such as: gender, age and unemployment period on population’s health. Using Two-Step Cluster Analysis on data from the Regional Unemployment Agency, some sample traits were obtained and following Factorial Correspondence Analysis, associations between groups and unemployment period, length of service, were noticed. Binary Regression was employed to determine the impact of age and gender on health. Differences are noticed among the symptoms exhibited by gender, age groups and less considerable among different unemployment duration. The Binary Regression showed that the probability of health problems increases with age, especially for women. The present study goes beyond the descriptive approach in most of Romania’s social research and using techniques from Data Analysis tries to determine factors with impact on health.
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Corporate Social Responsibility is a phenomenon generally regarded as positive both by the scientific and the big business community. Nonetheless, the concept and actual practice of CSR has had its share of criticism and controversy. As a consequence, the present study intends to briefly review some of this criticism, although we are not among those who reject the idea of CSR. A comprehensive perspective, though, also involves taking into account the less favorable aspects of a phenomenon
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US Federal Reserve chairman Bernanke recently called for quick steps to rein in the exploding US budget deficit, warning failure to act could result in a serious crisis. While Bernanke did not elaborate on the nature of the alleged crisis this paper investigates it in a two-country OLG model of the world economy with internationally differing growth rates among advanced and emerging countries. We find that in the long run the concerns with respect to excessive national debt in slowly growing net foreign debtor countries are not warranted since limits to national debt count only in fast growing countries
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The issue of progression is the first one of third world specifically of islamic world. Some people will give at once the west as an example, when the issue of progression, that is to say, strengthening of cultural bases (by extantion meaning) and of livelihood bases is considered and analyzed. They regard the west, on every background, as a typical of progression and development. The western societies often regard themselves as modern societies and types of their living the best one too. Then, they are going to export their culture, art, morals, philosophy and method of living accompaned by their technology to all over the world.
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Znakovi vremena je novo ime časopisa u kontekstu periodičnih časopisa, na ovdašnjim duhovnim obzorjima, za filozofijsku teoriju i teoriju filozofiji bliskih disciplina. Revnujući najautentičnijoj etimologiji vlastitoga imena, rečeni časopis će bez ikakva intelektualnog zazora biti otvoren za sva dobra teorijska iskustva Istoka i Zapada, koja iz perspektive klasičnog ili suvremenog mišljenja dohvaćaju univerzalni bitak suvremenoga humanuma i svega drugoga što je u doticaju s njim. On će, pritom, u svakom slučaju voditi računa o svom sadržinskom identitetu i svom uravnoteženom svjetogleđu tako što će svojom temeljnom idejnom i naravnom nadosobnošću - ili apsolutnom univerzalnošću u smislu teorijske multikulturalnosti - jednovremeno u sebi smirivati duhovne i egzistencijalne jeke zemaljski krajnje razuđenog adamovskog duha u nama snagom načela coincidentia oppositorum, i vrlo jasno naznačavati sve iznutarnje i izvanjske egzistencijalne i uopće kulturalne nijanse i forme snagom načela differentiae specificarum. To je, naprosto, njegov raison d' être par excellence.
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Duhovna situacija suvremenoga humanuma u dobroj mjeri podsjeća na onu situaciju u kojoj se zatekao primordijalni ademovski duh dok je lebdio između kopna i mora ili u rasponu izgubljenog nebeskog i još neotkrivenog zemaljskog raja. To je bilo, jamačno, vrijeme bolne bezavičajnosti čija ukletost prati današnjeg Ademovog potomka na ma kojem meridijanu zemaljske kugle prebivao. Istini za volju, suvremeni humanum je u daleko kompleksnijoj egzistencijalnoj situaciji nego li je to bio njegov rajski rodoslovnik. Ovaj potonji nije bio opterećen epistemološko-egzistencijalnim bremenom tradicije, ni one dobre niti one loše, dočim onaj prvotni samrtno sopti pod teretom svojevrsne tradicionalnosti kojoj ni imena nije kadar dati, a koja, s druge strane, gotovo da i nije više simbol njegova porijekla niti znak njegove zemaljske fenomenologije. On, naprosto, niti je tradicionalni čovjek, niti je čovjek tradicije. Naprotiv, on je čovjek bezimena trenutka, trenutni bezimenjak - homo modernus (Ibn Al-Waqt).
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A figure of a moral sceptic has been present throughout centuries long history of the philosophy of moral. A sceptic has appeared or is still appearing either in the character of ethicist itself or, more often, in the character of a person who tortures the ethicist and with whom the ethicist, explicitly or implicitly, settles account with its own theory. The moral sceptic does not have to be irrationalist although it has most often been one. He can even acknowledge a cognitive character of moral values, as the most recent forms of moral scepticism show. Nevertheless, an assertion that moral statements are false may not appear to be less discouraging to a common and interested reader of ethics books from the one which claims that they express our decisions or attitudes.
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