947 resultados para Obligation de compétence


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This study examined the relations of organizational commitment and demographic factors with objectively measured absence frequency data of 106 staff at a UK school, collected over a 1-year period. We found significant associations of commitment and absenteeism, with high affective and normative commitment, and low continuance commitment being associated with lower levels of absence. Age moderated two of these associations, with low normative commitment and high continuance commitment predicting absence most strongly for older workers. Our findings help practitioners and researchers to understand how commitment may interact with other factors to predict absence. Interaction effects in our data showed that absence frequencies tended to be highest for older workers who felt a lower sense of obligation to their organization, or a lack of alternatives to their present employment. © 2012 Hogrefe Publishing.

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Introduction For a significant period of time (the late 1950s--1980s), a lack of capital freedom was a major obstacle to the progress of the internal market project. The free movements of goods, persons and services were achieved, and developed, primarily through the case law of the Court of Justice of the European Union (CJEU). On the other hand, the Court played a (self-imposed) limited role in the development of the free movement of capital. It was through a progressive series of legislation that the freedom was finally achieved. John Usher has noted that the consequence of this is that ‘free movement of capital thus became the only Treaty “freedom” to be achieved in the manner envisaged in the Treaty’. For this reason, the relationship of the Court and legislature in this area is of particular importance in the broader context of the internal market. The rest of this chapter is split into four sections and will attempt to describe (and account for) the differing relationships between the legislature and the judiciary during the different stages of capital liberalisation. Section 2 will deal with the situation under the original Treaty of Rome. Section 3 will examine a single legislative intervention: Directive 88/361. It was this intervention that contained the obligation for Member States to fully liberalise capital movements. It is therefore the most important contribution to the completion of the internal market in the capital sphere. An examination will be made of whether the interpretation of the Directive demonstrates a changed (or changing attitude) of the Court towards the EU legislature. Section 4 will examine the changes brought about by the Treaty on European Union in 1993. It was at Maastricht that the Member States finally introduced into the Treaty framework an absolute obligation to liberalise capital movements. Finally, Section 5 will consider the Treaty of Lisbon and the possibility of future interventions by the legislature. By looking at the patterns that run through the different parts, this chapter will attempt to engage with the question of whether the approaches were products of their historical context, or whether they can be applied to other areas within the capital movement sphere.

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As property lawyers, we are all familiar with the general principle that a contract for the sale of land, which is capable of specific performance, operates in equity so as to confer a trust on the purchaser pending completion of the sale. Although some controversy exists as to the exact nature of the trust, it is well established that, upon exchange of contracts, equity will ‘‘treat that as done which ought to be done’’1 with the consequence that the purchaser acquires equitable ownership even though full (legal) title to the land will not pass until completion (and registration). As land is unique, specific performance is readily available in the context of sales of land where damages would, clearly, not be an adequate remedy. The same cannot be said for contracts for the purchase of personal property where invariably the subject matter is not unique and where a substitute can easily be acquired in the open market. In circumstances, however, where the property is unique or scarce (for example, a rare painting or vintage car), the maxim that ‘‘equity treats as done that which ought to be done’’ may be invoked so as to confer on the seller an equitable obligation to transfer the property to the purchaser in fulfilment of the contract. Where, therefore, the contract is specifically enforceable in this way, the seller, it is submitted, will again hold the property on trust for the purchaser where, as in a contract for the sale of land, there is an interval between the date of the contract and completion of the sale. The notion that a seller holds personal property upon trust for the purchaser pending completion of the sale is admittedly controversial, but this article seeks to argue that the same principles governing equity’s intervention in sales of land should apply in the context of sales of personalty. It is submitted that equity’s role in imposing a trust on the vendor both in relation to sales of land and personalty may be important in safeguarding the interests of the purchaser prior to, as well as after, completion of the transaction.

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Developers have an obligation to biodiversity when considering the impact their development may have on the environment, with some choosing to go beyond the legal requirement for planning consent. Climate change projections over the 21st century indicate a climate warming and thus the species selected for habitat creation need to be able to withstand the pressures associated with these forecasts. A process is therefore required to identify resilient plantings for sites subject to climate change. Local government ecologists were consulted on their views on the use of plants of non-native provenance or how they consider resilience to climate change as part of their planting recommendations. There are mixed attitudes towards non-native species, but with studies already showing the impact climate change is having on biodiversity, action needs to be taken to limit further biodiversity loss, particularly given the heavily fragmented landscape preventing natural migration. A methodology has been developed to provide planners and developers with recommendations for plant species that are currently adapted to the climate the UK will experience in the future. A climate matching technique, that employs a GIS, allows the identification of European locations that currently experience the predicted level of climate change at a given UK location. Once an appropriate location has been selected, the plant species present in this area are then investigated for suitability for planting in the UK. The methodology was trialled at one site, Eastern Quarry in Kent, and suitable climate matched locations included areas in north-western France. Through the acquisition of plant species data via site visits and online published material, a species list was created, which considered original habitat design, but with added resilience to climate change.

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This article builds on the securitisation and post-development literature and it scrutinises the Czech and Hungarian legitimising discourses of the two countries’ respective Provincial Reconstruction Teams (PRTs) in the Logar and Baghlan provinces of Afghanistan from 2007 to 2013. In spite of the hybrid civil–military character of the PRTs, their security–development nexus was absent and they were respectively securitised and “developmentalised” only indirectly and to a varying extent. The PRTs were mostly justified by the Czech Republic's NATO membership as an identity issue and they were justified as a Hungarian national interest and as both an obligation and an opportunity. Rather than merely importing NATO's arguments as suggested by the previous literature, the depoliticisation and positive connotation of the intervention in Afghanistan was constructed by the domestic NATO-related identities and interests in the Czech Republic and Hungary.

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A fogyasztói hitelszerződések jogát az Európai Unión belül a 2008/48/EK irányelv szabályozta újra, amely a magyar jogalkotó számára is a belső jogba történő átültetés kötelezettségét írta elő. Ennek az implementációnak az eredményeként született meg a fogyasztónak nyújtott hitelről szóló 2009. évi CLXII. törvény. Jelen cikk a jelzáloghitelek szabályozására vonatkozó elképzeléseket, majd a hiteltermékek reklámozására – kereskedelmi kommunikációjára – irányadó szabályokat vizsgálja meg részletesebben. Ennek során bemutatja a hiteltermékek reklámozásáról szóló, hatályos jogszabályokban fellelhető ellentmondásokat is. Ezt követően a szerződéskötést megelőző tájékoztatási kötelezettséget, valamint az előtörlesztés intézménye körüli kérdéseket elemzi. Végül alátámasztani kívánja azt az álláspontot, hogy a fogyasztói kezességi szerződésekre is indokolt lett volna kiterjeszteni az új irányelvben foglalt védelmi szintet, a jelzáloggal fedezett hitelekre azonban nem, hiszen ezekre vonatkozóan további uniós jogalkotási lépések várhatóak. / === / The consumer protection law is governed by Directive 2008/48/EC of the European Parliament and of the Council and was implemented to the Hungarian legal system through the Act on Credit Provided for Consumers (162/2009). This article aims at observing the relevant provisions on mortgage as well as the commercials and advertisements of mortgages. This article will show that there are many confl icts within the relevant legal provisions and will further examine the obligation to information and the institution of early repayment. The author of this article believes that the protection created by the new directive should have been extended to guarantee contracts as well, but not to hypothec contracts as the latter are expected to be governed through future EU legislation.

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The significant social changes and unstable social–economic processes we are undergoing require more participation and more future oriented grassroots activity both in designing the possible future alternatives and in the actions for the realization of them. Action oriented futures studies and participatory futures studies are in close connection, because orientation towards actions and participation of non-professionals can be strengthened by their mutual interdependence in futures work. This study gives—as examples—summaries of four Hungarian case studies using participatory futures methods: one case from the field of vocational training, two cases concerning regional development, and one about national social–economic development. Our experience shows that such selected groups have evaluated the present issues in their environments as well as the closer and broader regional issues in authentic ways. The future alternatives that were outlined regarding the future of vocational training, acceptable future alternatives of domestic social–economic development, and future living conditions of a smaller settlement and in a larger town, reflected obligation, responsibility and personal interest. That non-professionals lack sufficient future orientation, and do not see possibilities to take serious actions for the future is a read problem. Fortunately, it seems that the future and action oriented attitude of the individuals might be further developed by the use of partnership education.

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This dissertation establishes the foundation for a new 3-D visual interface integrating Magnetic Resonance Imaging (MRI) to Diffusion Tensor Imaging (DTI). The need for such an interface is critical for understanding brain dynamics, and for providing more accurate diagnosis of key brain dysfunctions in terms of neuronal connectivity. ^ This work involved two research fronts: (1) the development of new image processing and visualization techniques in order to accurately establish relational positioning of neuronal fiber tracts and key landmarks in 3-D brain atlases, and (2) the obligation to address the computational requirements such that the processing time is within the practical bounds of clinical settings. The system was evaluated using data from thirty patients and volunteers with the Brain Institute at Miami Children's Hospital. ^ Innovative visualization mechanisms allow for the first time white matter fiber tracts to be displayed alongside key anatomical structures within accurately registered 3-D semi-transparent images of the brain. ^ The segmentation algorithm is based on the calculation of mathematically-tuned thresholds and region-detection modules. The uniqueness of the algorithm is in its ability to perform fast and accurate segmentation of the ventricles. In contrast to the manual selection of the ventricles, which averaged over 12 minutes, the segmentation algorithm averaged less than 10 seconds in its execution. ^ The registration algorithm established searches and compares MR with DT images of the same subject, where derived correlation measures quantify the resulting accuracy. Overall, the images were 27% more correlated after registration, while an average of 1.5 seconds is all it took to execute the processes of registration, interpolation, and re-slicing of the images all at the same time and in all the given dimensions. ^ This interface was fully embedded into a fiber-tracking software system in order to establish an optimal research environment. This highly integrated 3-D visualization system reached a practical level that makes it ready for clinical deployment. ^

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The purpose of this study was to understand the perceptions of underprepared college students who had participated in learning communities and who persisted to complete developmental classes and earned at least 30 college-level credit hours to graduate and the perceptions of their peers who had dropped out of college. The theories posed by Tinto, Astin, and Freire formed the framework for this case study. The 22 participants were graduates or transfer students now attending a public university, currently-enrolled sophomores, and students no longer enrolled at the time of the study. Semi-structured individual interviews and a group interview provided narrative data which were transcribed, coded, and analyzed to gain insights into the experiences and perspectives of the participants. The group interview provided a form of member checking to increase accuracy in interpreting themes. A peer reviewer provided feedback on the researcher’s data analysis procedures. The analysis yielded four themes and 14 sub-themes which captured the essence of the participants’ experiences. The pre-college characteristics/traits theme described the students’ internal values and attributes acquired prior to college. The external college support/community influence theme described the encouragement to attend college the students received from family, friends, and high school teachers. The social involvement theme described the students’ participation in campus activities and their interactions with other members of the campus. The academic integration theme described students’ use of campus resources and their contacts with the faculty. The persisters reported strong family and peer support, a sense of responsibility, appreciation for dedicated and caring faculty, and a belief that an education can be a liberatory means to achieve their goals. The non-persisters did not report having the same sense of purpose, goal orientation, determination, obligation to meet family expectations, peer support, campus involvement, positive faculty experiences, and time management skills. The researcher offers an emerging model for understanding factors associated with persistence and three recommendations for enhancing the academic experience of underprepared college students: (a) include a critical pedagogy perspective in coursework where possible, (b) integrate co-curricular activities with the academic disciplines, and (c) increase student-faculty interaction.

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Programs require strong support and guidance from those in leadership positions to ensure proper implementation (Fullen, 2001). Consequently, school site principals must rely on the training they have received to support them in making appropriate decisions. It is the school site principal’s leadership that is pivotal in the success of students with disabilities (DiPaola & Walther-Thomas, 2003; Monteith, 2000). In fact, the principal has a moral obligation to provide an environment that supports social justice in schools (Grogan & Andrews, 2002). The inclusion of students with disabilities does just that—it ensures that these students are not segregated to a “separate but equal” education. This study utilized a participant survey to collect data on principals’ beliefs and training in special education. This information was compared to the percentage of time students with disabilities spent with their non-disabled peers in the principals’ respective schools. An analysis was conducted to identify if a linear relationship exists between the selected variables and the inclusion percentages. Open-ended questions were included in the original survey which allowed for a thematic analysis of the responses. These responses were utilized to allow participants to further express their thoughts on the identified variables. Results indicated that there were no statistically significant relationships identified between the beliefs and training of secondary school site principals and the percentage of time that their students in special education spend with their non-disabled peers. Although the original research questions were not supported, further post hoc analysis indicated that the results obtained did support that the principals believed inclusion had a social benefit to students. Additional investigation into the academic benefits of inclusion is still needed. In addition, principals who indicated that they had some type of training in special education indicated a higher percentage that the individual student should be the focal point when making placement decisions. These results support the need for further research in the area of principal preparation programs and their relationships to the daily practice of school site principals.

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Public opinion polls in the United States reveal that a great majority of Americans are aware and show concern about ecological issues and the need to preserve natural areas. In South Florida, natural resources have been subjected to enormous strain as the pressure to accommodate a growing population has led to rapid development. Suburbs have been built on areas that were once natural wetlands and farmlands, and the impact today shows a landscape where natural places have all but disappeared. This dissertation examines the intersection between the perceptions that individuals living in the South Florida region have with respect to the natural environment and local ecological problems with where their relationship to nature takes place. ^ The research is based upon both quantitative and qualitative data. The principal methodology used in this research is the ethnographic method, which employed the data gathering techniques of in-depth interviewing and participant observation. The objective of the qualitative portion of the study was to determine how people perceive and relate to their immediate environment. The quantitative portion of the study employed telephone survey data from the FIU/Florida Poll 2000. Data collected through this survey provided the basis to statistically test responses to the research questions. ^ The findings show that people in South Florida have a general idea of the relationship between the human population and the environment but very little knowledge of how they individually affect each other. The experience of private places and public spaces in everyday life permits people to compartmentalize cultural values and understandings of the natural world in separate cognitive schemas. The appreciation of the natural world has almost no connection to their personal sense of obligation to preserve the environment. That obligation is only felt in their home space even though the South Florida environment overall struggles desperately with water shortages, land encroachment, and a rapidly expanding human population whose activities continuously aggravate an already delicate natural balance. ^

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This dissertation analyzes both the economics of the defense contracting process and the impact of total dollar obligations on the economies of U.S. states. Using various econometric techniques, I will estimate relationships across individual contracts, state level output, and income inequality. I will achieve this primarily through the use of a dataset on individual contract obligations. ^ The first essay will catalog the distribution of contracts and isolate aspects of the process that contribute to contract dollar obligations. Accordingly, this study describes several characteristics about individual defense contracts, from 1966-2006: (i) the distribution of contract dollar obligations is extremely rightward skewed, (ii) contracts are unevenly distributed in a geographic sense across the United States, (iii) increased duration of a contract by 10 percent is associated with an increase in costs by 4 percent, (iv) competition does not seem to affect dollar obligations in a substantial way, (v) contract pre-payment financing increases the obligation of contracts from anywhere from 62 to 380 percent over non-financed contracts. ^ The second essay will turn to an aggregate focus, and look the impact of defense spending on state economic output. The analysis in chapter two attempts to estimate the state level fiscal multiplier, deploying Difference-in-Differences estimation as an attempt to filter out potential endogeneity bias. Interstate variation in procurement spending facilitates utilization of a natural experiment scenario, focusing on the spike in relative spending in 1982. The state level relative multiplier estimate here is 1.19, and captures the short run, impact effect of the 1982 spending spike. ^ Finally I will look at the relationship between defense contracting and income inequality. Military spending has typically been observed to have a negative relationship with income inequality. The third chapter examines the existence of this relationship, combining data on defense procurement with data on income inequality at the state level, in a longitudinal analysis across the United States. While the estimates do not suggest a significant relationship exists for the income share of the top ten percent of households, there is a significant positive relationship for the income share of top one percent households for an increase in defense procurement.^

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Guanxi, loosely defined as "inter-personal relations" or "personal connections," is one of the key socio-cultural concepts in understanding Chinese society. This thesis presented a theoretical examination of the Chinese socio-cultural concept of guanxi. By using a broad survey of the available literature, this thesis established the following points: Social structures shape and define the development of guanxi practice in Chinese society. Guanxi relationships are based on the social exchange of gifts and favors in dyadic or multi-stranded social networks. While following the general rules of reciprocity found in social exchange, guanxi exchange is also governed by the internalized social norms such as mianzi (face) and renqing (humanized obligation underpinned by human sentiment). Guanxi relationships are also network-oriented, featuring ties based on familiarity and mutual trust, and characterized by an interplay between expressiveness and instrumentalism.

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The research examines the problem lie in the thought of Immanuel Kant. This field of law, of the history of political morality, we seek to investigate the Kantian rejection of falsehood and unconditional obligation to be truthful. Defends the thesis of the exception to lie and not be objectionable in two cases, namely: the torture and before the murderer. Thus, it is demonstrated that it is possible the exception to lie under the law, politics and history, considering the perspective of harmony of external freedoms and the idea of moral progress. In this sense, it is argued that the source of law is established to guarantee the external freedoms. From the point of view of morality, reaffirmed the absoluteness is that for Kant the duty of veracity, but it points to the possibility of a practical rule that allows the lie based on human dignity, weighting values as political equality, respect for rational agents, as well as the principle of humanity which teaches always treat the other as an end in itself.

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Aging as a social phenomenon is guided in the ways of production and reproduction, that is linked to the peculiarities and compliances of the social structure influence the values and erected senses. The search for the understanding of the reality will be given by the appropriation of knowledge/information that in contemporary times are increasingly tied to the media means, so that they go beyond the mere condition media, reaching the condition of instruments of direct, attitudes and opinions production. Among the media instruments, there are news medias, that are important means of information dissemination and consequently production of senses, including over aging. Thus, the objective is to: apprehend the social representations and meanings associated with aging in the media space about aging; browse the social representations about aging in media space and their influence on the relations that are established in the cultural socio-economic context. To do it The Theory of Social Representation will be used. To collect the data, 57 online news from the three main state newspapers were studied: Tribuna do Norte, Gazeta do Povo and Jornal de Hoje, which were captured through a search tol of these newspaper sites, using the words: “aging””elderly”. These materials were analyzed making use of Bardin’s Qualitative Analysis, which allowed the establishment of five categories, namely: Aging and violence; Aging in contemporary times; Aging and health; Aging and citizenship; and Aging, work and action. In the first category news reporting violent situations are framed the regardless of the victim’s condition or the one charged by the violence, the fragility of elderly persists. In Aging in contemporary times the attempts of the news media to explain the demographic changes of the quantitative increases in the elderly, the burden it may lead to the full development of the country are noticed. In Aging and health is noticed the imminent end of the condition brought on age, as a synonym for diseases and conditions. In the fourth category, Aging and citizenship situations are shown where peculiarities and needs or the elderly need to turn into obligation to be fulfilled, denouncing the condition of low expression and social power of the class. Finally, in Aging, work and action situations that indicate the non-expectation of elderly interaction with new technologies and participation in decision-making directions of society are brought. In a general and specific form this analysis allowed learning the ways of production of meanings about aging in the papers, as these ones tend to represent aging through intentioned situations as hegemonic needs, building the social representation of the elderly as fragile person, submissive, inactive, subject to violence and susceptible to becoming ill.