bluuebunny/crossref_metadata_2025_split huggingface dataset:
Effect of aliphatic chain length on the chemical structures of low molecular weight hyperbranched polyesters
Authors: Wallis Christopher , Bonhomme Marine , Fabre Jean-François , Mouloungui Zéphirin 
Published: January 2018

AbstractLow molecular weight hyperbranched (HB) polyesters were synthesized via melt polymerization from trimethylolpropane and three aliphatic dicarboxylic acids, namely, succinic acid (SA), adipic acid (AA) and dodecanedioic acid (DA). The degrees of branching (DBs) ranged between 30% and 75% depending on the monomer ratio. Their DB, cyclic index and terminal index were all determined, indicating that the shorter chain HB polyesters PE-SA and PE-AA showed a greater degree of intramolecular cyclization, compared to the longer aliphatic chains within PE-DA. The HB polyesters form stable colloidal suspensions in buffered aqueous media and were found to be pH responsive. The stability of the colloidal suspensions is enhanced by two factors: (1) increasing the aliphatic chain length and (2) increasing the pH of the solution for the same HB polyester.
Politically Palatable Parity: What the United States Can Learn from France in Achieving a more Representative Democracy
Authors: D’Angelo Nicholas J. 
Published: January 2018

Summary
The United States considers itself a world superpower in many realms, but equality in political representation is not one of them. Currently, female representation in the United States Congress hovers around nineteen-percent, placing the United States in league with nations that have historically oppressed women, including Kenya and Tajikistan. While other, more infant, democracies have utilized political quotas as a means to increase female political involvement, the United States’ maintains a tradition of formal equality and neutralism. Long-standing precedent remains suspicious of anything resembling a quota. However, France faced a similar dilemma, unable to increase female representation due to a tradition of universalism. Working within its constitutional confines, France adopted parity in an attempt to achieve “perfect equality.” This paper argues that the United States may be able to use France as an example, thus potentially increasing female representation through a parity system that respects the traditions of our Constitution.
Contractual Restrictions on Right of Beneficiary to Draw on a Letter of Credit; Possible Exception to Principle of Autonomy
Authors: Alavi Hamed 
Published: January 2018

Summary
In some circumstances and despite having right to draw under the Letter of Credit, beneficiary agrees in underlying contract that he would not exercise his right before realization of certain conditions stipulated in the contract or any other agreement with applicant. Despite the fact that the instrument itself (documentary letters of credit and bank guarantees) entitles beneficiary for being paid upon presentation of complying documents, making such commitment will impose restrictions on beneficiary within the framework of underlying contract and creates different scenarios that raises respective questions. First scenario would be that beneficiary fulfills his commitments in underlying contract and receives payment under the credit and there will be no dispute between parties. Second scenario is where beneficiary presents complying documents to bank and demands for being paid the amount stipulated in the credit despite existence of an ongoing dispute with applicant regarding his performance in underling contract. Here, it will be a valid question if we ask whether or not breach of such restrictions by beneficiary will influence principle of autonomy? Consecutive question would be, shall the court consider beneficiary’s violation of his restrictive commitment in underlying contract as a new exception to principle of autonomy? To put it in different way, where beneficiary of documentary letters of credit or demand guarantee regardless of his awareness from independence of underlying contract from the credit commits in underlying contract to condition which restricts his right to draw on the credit; will he be allowed by court to rely on the principle of autonomy to neglect his commitment in underling contract? In short, should law recognize other exception in addition to fraud which is in accordance with limits imposed by underlying contract on beneficiary’s right to draw on the credit? In quest of answering above mentioned questions, this paper will be divided into six main parts. After the introduction, second part will describe nature of documentary leers of credit and principle of autonomy. Third part will analyse the nature of exception while fourth one will look at approach of different jurisdictions to this issue. Fifth part will provide different arguments in favour and against recognition of “underlying contract exception”1 and finally last part provides concluding remarks on the subject matter.
Funding of Collective Actions
Authors: Hamuľáková Klára 
Published: January 2018

Summary
The paper deals with the questions of funding of collective actions. Proper funding has significant influence on the right to the access to the court and is a precondition for the efficient course of litigation in general, specifically in connection with a collective redress. Funding of class actions is also closely related with other issues such as costs and lawyer’s fees, reimbursement of legal costs and moreover.
Sources of Occupational Pressure Among Lawyers and Legal Professionals
Authors: Teichmann Mare , Kattel Kaja , Murdvee Mart , Kerikmäe Tanel 
Published: January 2018

Abstract
Current paper focuses the occupational stress in legal industry. Two similar empirical studies were carried out in 2006 and 20012. A web-based survey of occupational stress was conducted by employing an international questionnaire Occupational Stress Inventory (OSI-2). Some important trends in the Estonian lawyers’ occupational stress were found. The basic sources of occupational pressure in lawyers and legal professionals were identified. Most relevant sources of occupational pressure among lawyers and legal professional were home and work imbalance, managerial roles, and insufficient recognition, managerial roles, and hassles. We found that the relationship between job satisfaction and sources of occupational pressure was negative and significantly valid among five pressures of lawyers and legal professionals. Majority of lawyers and legal professional were adapted problem solving oriented coping strategy. Therefore, the social support from peer, friend, family member etc. was also widely used coping strategy by lawyers and legal professionals. Our findings well demonstrate that awareness of occupational stress in law industry has been raised
Appraising the Role of African Union: the New Partnership for Africa’s Development in Conflict prevention and Management in Africa
Authors: Hammed Hanafi A. 
Published: January 2018

Abstract
The New Partnership for Africa’s Development is the latest in a long line of initiatives or framework intended by African leaders to place African continent on a path of growth and sustainable development. The development challenges that face Africa are enormous and varied. Th e crisis of political instability, bad governance, lack of peace and security, poverty and diseases like HIV/AIDs. NEPAD recognized peace and security as condition for good governance and sustainable development. Therefore, in absence of peace and security, democracy and good governance cannot strive and where there is no good governance, we cannot witness sustainable development. This paper argues that peace and security has been elusive in much of Africa. The failure of the Organisation of African Unity to ensure peace and security in Africa and to address Africa’s post-cold war legion of challenges, the successor organisation, the African Union and its attendant development programme, the NEPAD were established. The first issue which is critical to NEPAD is, solving armed conflict and civil unrest on the continent. Currently, twenty percent of the people of Africa are living in condition of conflict. These conditions cause terrible suffering and hold back economic development in the affected countries. The extent of conflict is so great that the whole continent is affected and this creates a major barrier to inward investment. On the resolution, NEPAD is in a position to make considerable progress. It was learnt in Sierra Lone that with concentrated international eff ort, conflict can be successfully ended and institutions of a properly functioning state can begin to be rebuilt. The paper therefore examines the origin of the NEPAD, NEPAD and challenges of peace and security in Africa and involvement of AU/NEPAD in Darfur and Cote D’Ivoire crises. It further discusses the AU/NEPAD conflict mechanisms for conflict prevention, management and resolution and draw conclusion.
Islamic Banking: Regulatory Background from the Czech Perspective
Authors: Vojtěch Jakub 
Published: January 2018

Abstract
The term “Islamic banking” denotes the banking services in compliance with Islamic law and is nowadays a rapidly expanding, global industry based on a traditional fourteen centuries old legal system. The European market is witnessing growing Shari’acompliant assets especially in the last few years and even non-Muslim countries have been trying to find legal solutions to accomodate Islamic financial institutions. This new academic and business field is raising important issues that merit discussion and this text serves as a contribution to the debate. In the paper I am trying to depict the key and distinguishing features of the Islamic banking model and reflect its law regulation from the point of view of the Czech legislation in the light of the continuing growth and expansion of Islamic banking and finance. The main objective of this article is to find out whether the legal framework of the Czech Republic covers the practice of Islamic finance and also to consider and identify potential legal obstacles.
Previous witness testimony as immediate or urgent action and its admissibility in court
Authors: Pochylá Veronika 
Published: January 2018

Abstract
The paper deals with the admissibility of witness testimony in the preliminary proceeding which could be read in court without right of the defence to hear or examine such a witness. This question is particularly interesting with regard to preserving the adversarial principle which is important for an objective assessment of the facts. The focus will be to answer the question of whether so obtained and executed evidence may stand as the main evidence of guilt especially with regard to Article 6,par. 1 and 3 (d) ECHR (right to obtain attendance and examination of witnesses). The arguments in this paper will be submitted supported by the case law of the Constitutional Court of the Czech Republic and the ECtHR. Contribution will also deal with British law and the applicability of the so-called Hearsay rule and the exceptions to this rule which can be applied in criminal proceedings.
Analysis of Taxation and Economic Growth – Insights, Background and Findings
Authors: Bellová Jana 
Published: January 2018

Abstract
The article considers the question of the influence of taxes on economic growth. It presents the basic theoretical findings needed to comprehend the complexity of the question such as various economic theories on what helps to drive economic growth as well as various economic tax policies approaching the question. The methods of measuring the tax burden are then clarified in order to fully understand the last part of the article which is the presentation of findings of various selected literature reviews and research papers. That is what provides the general understanding of the influence of taxes and types of taxes on economic growth.
The Concept of the Right to Cultural Heritage within the Faro Convention
Authors: Vícha Ondřej 
Published: January 2018

Abstract
The paper deals with the protection of cultural heritage and defines its value to society within the Faro Convention, which was adopted by the Council of Europe in 2005. Author is focuses on the innovative concept of the “common heritage of Europe“ and its relationship to human rights and fundamental freedoms. The paper addresses the right to cultural heritage which is within the Faro Convention expressed as a dimension of the right to participate in the cultural life of the community and the right to education. In this context, the paper refers to other international human rights documents, such as the Universal Declaration of Human Rights or the International Covenant on Economic, Social and Cultural Rights. The paper also presents other individual principles and provisions of the Faro Convention regarding organisation of public responsibilities for cultural heritage or access to cultural heritage and democratic participation.
European Integration and Czech Sovereignty ‘Synchronized’
Authors: Hamuľák Ondrej 
Published: January 2018

Abstract
European integration entity ceased to be just a forum for negotiations between independent and sovereign nation states. To some extent it overlaps with the states and becomes their competitor. In this context, the classical concept of state sovereignty loses its original content and meaning. The participation in the integration project opens the question whether it takes away or weakens sovereignty of Member States? This paper puts on four arguments to proof the hypothesis that Czech Republic continues to be a sovereign country even aft er accession to the European Union.
Goods in Transit and Intellectual Property Under the EU Law and Caselaw of the Court of Justice
Authors: Charvát Radim 
Published: January 2018

Abstract
The paper addresses the issue whether customs authorities of Member States are entitled to suspend or detain goods in transit (i.e., products directing from one non- Member State to another non-Member State through the EU) and the evolving case-law of the Court of Justice related to this matter. Prior to the judgment in Philips and Nokia cases, a so-called manufacturing fiction theory was applied by some Member State courts (especially Dutch courts). According to this theory, goods suspended or detained by customs authorities within the EU were considered to be manufactured in the Member State where the custom action took place. In the Philips and Nokia judgments, the Court of Justice rejected this manufacturing fiction theory. But the proposal for amendment to the Regulation on Community trade mark and the proposal of the new Trademark directive, as a part of the trademark reform within the EU, go directly against the ruling in the Philips and Nokia cases and against the Understanding between the EU and India.
Mistake As a Ground For Nullification of Contracts (Theories and Approaches on Its Relevance)
Authors: Shopov Angel 
Published: January 2018

Abstract
The paper offers the analysis of the theoretical approaches to the problem of mistake in the law of contracts and its relevance for the nullification of the contracts. Author focuses on the several understandings of mistakes: mistake of delusion, mistake of combination of misbelief and misconception, mistake in social interactions etc. Further he evaluates the legal consequences and the practical application of the abovementioned theoretical concepts. Finally author analysis the draft projects related to the mistakes in the law of contacts and their legislative implementation.
Selected Judgments of Constitutional Court of Slovak Republic Regarding the Preliminary Ruling Procedure
Authors: Ježová Daniela 
Published: January 2018

Abstract
This article deals with the question of the obligation to refer a preliminary reference to the Court of Justice and when the national courts breach its obligation to refer. In case when the national court breach its obligation to refer the issue of violation of the constitutional right of individual arises. The article provides insight in terms of constitutional law on the fundamental right with connection to the violation of the obligation of national court to refer.
Le Droit Français et le Couple
Authors: Cathelineau-Roulaud Anne 
Published: January 2018

Abstract
French family law has just undergone tremendous changes. The may 17 Act which allows same sex marriage means the acknowledgement of a right for couples either homosexual or heterosexual. These couples can be married or not. Beyond the diversity, we can however feel the emergence of a right for the couple, that is to say common rules for all couples. The couple, from every angle, became an essential and inescapable element of family law which has its proper rules.
Review of the International Criminal Court’s Case-Law 2013
Authors: Svaček Ondřej 
Published: January 2018

Abstract
Presented article evaluates ICC's case-law rendered in 2013, or more precisely, analyzes and evaluates some challenges the ICC faced in 2013. Scrutiny of the latest decisions has its obvious advantage, since it opens the door for better understanding of previous case-law. Vice versa, it is obvious that current ICC's practice cannot be comprehended without the knowledge of legal background it emanates from. To put it differently, an analysis of the case-law from 2013 presupposes to reveal its roots which are embedded in previous years. Th is holds true with respect to all considered and selected issues covered in this article - cooperation with the Court, complementarity, witness proofing, or presence at trial.
Family Law Book as Fourth Book of the New Hungarian Civil Code
Authors: Szeibert Orsolya 
Published: January 2018

Abstract
Hungarian family law is regulated primarily in the Family Act today. This Act was accepted in 1952 but as it has been modified several times it serves the legal interests of family and family members in harmony with European standards. Nevertheless, the idea of codifying a new Civil Code in 1998 raised the question whether family law should have been included in a new Civil Code. The scientific opinions were diverging on this issue at that time, but later on it became accepted that family law should get back into the corpus of a Civil Code. The article gives an analysis of the developments and most recent changes.
Environmental Crimes Listed in the Polish Penal Code Since 1997
Authors: Szwejkowska Małgorzata , Zębek Elżbieta 
Published: January 2018

Abstract
Legal requirements for protection of the natural environment are continually being strengthened because of increased human damage to environmental resources. The applicable regulations of the Polish Penal Code towards protection of the environment were considerably amended in 2011 also to ensure implementation of European Parliament and European Council directives 2008 / 99 / EC, issued on the 19th November 2008. In addition, these changes also involve cross-border infringements, so that perpetrators cannot avoid retribution for actions committed under different provisions in individual Member States.
The Principle of Foreseeability of Judicial Decisions as a Component of the Right to a Fair Trial
Authors: Křiváčková Jana 
Published: January 2018

Abstract
The article focuses on the principle of foreseeability of judicial decisions in civil court proceedings, as one of the components of the right to a fair trial in the Czech Republic. The principle of foreseeability of judicial decisions has to be understood as a general term including several requirements on judicial process in civil court proceedings the purpose of which is to avoid surprising decisions which can be seen as one of possible forms of violation of the right to a fair trial. Predictable decision is a decision that follows from a predictable procedure of the court in which the court proceeds strictly according to procedure code using all of the special institutions such as the duty to instruct the participants concerning their procedural rights and duties. The second requirement is to respect the legitimate expectations of the parties regarding the application of law on their case. Participants have the right to expect that their case will be decided accordingly to a legal opinion expressed in a case already decided before the courts. This aspect of the foreseeability of judicial decisions then puts high demands on the ability of courts to deal with situations in which they decide a case differently from the existing case law and thus the decision may be surprising for the participants. This article concentrates on the legal regulation of the principle of foreseeability of judicial decisions on the level of constitutional and civil procedural law. The article also deals with the legal regulation in this area in the Slovak Republic and Germany. The purpose of the article is to compare the legislation on national and international level as well as to compare Czech, German and Slovak legal regulation of the principle of foreseeability of judicial decisions.
Marriage Capacity, Social Values and Law-Making Process
Authors: Joamets Kristi 
Published: January 2018

Abstract
This article explores capacity to marry in depth, beyond the literal statements presented by legal acts in Estonia. Th e discussion will be focusing on answering the following questions: What is the nature of marriage capacity and how it has been developed in Estonia? What are the values that the Estonian Family Law Act (2010) protects when regulating marriage capacity? In addition a brief comparative analysis will seek to explain how different regulations of the EU member states on the same matter (marriage capacity) are. Th is can also help discussions on whether is it justified to talk about cultural differences of EU member states in the context of marriage capacity or not.
Interim measures before national courts in the context of EU and Czech law
Authors: Stehlík Václav 
Published: January 2018

Abstract
The article deals with the rules for a grant of interim measures in the context of EU law and its application in national judicial proceedings. It covers the key case-law of the Court of Justice of the EU related to the regime, conditions and limits of the interim measures and adds a reflection of practice of Czech courts. Article pays particular attention to the conditions for suspension ofn the application of national law measures.
Criminal Justice rationalization and its possibilities when prosecuting organized crime
Authors: Coufalová Bronislava 
Published: January 2018

Abstract
Article reflects the recent developments in the field of internal audits within the banks (the document on the internal audit function in banks issued by the Basel Committee on Banking Supervision in 2012). It covers the processes of the internal audits, the relations between supervisors and auditors and the main principles covering the internal audits in banks.
A Child at risk The Czech Republic experience
Authors: Králíčková Zdeňka 
Published: January 2018

Abstract
The paper aims at finding an answer to the question whether abandoning a child or applying for hidden identity makes the way of the child to a substitute family by adoption easier. Further, an attention is paid to surrogate motherhood in connection with the child’s rights, including the right of the child to know his/her origin. The final part is focused on protection of the child endangered by domestic violence.
Problematical Aspects of Current Legal Regulation of Appellate Review and their Solution in Suggested Amendment of Czech Civil Procedure Code
Authors: Hamuľáková Klára , Křiváčková Jana 
Published: January 2018

Abstract
Th e aim of this article is to point to insufficiencies of the current legal regulation of the appellate review proceeding in civil cases, when the court competent to deal with the appellate reviews is not able to fulfill its function of a unifier of case law and the defender of lawfullness of decision-making any more. Th e proposed amendment of the Civil procedure code which is being prepared by the Ministry of Justice reacts to many of these insufficiencies. In the article we have only focused on crucial conceptual problems of the proposed legal regulation and we have avoided other deficiencies requiring deeper analysis and the knowledge of Czech legal regulation.