Književni angažman i moral književnosti
Iz zbornika radova L’engagement littéraire. Cahiers du groupe φ – 2005 [Književni angažman. Sveske grupe φ], Presses Universitaires de Rennes, 2005.
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Iz zbornika radova L’engagement littéraire. Cahiers du groupe φ – 2005 [Književni angažman. Sveske grupe φ], Presses Universitaires de Rennes, 2005.
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The article approaches the topic of administrative acts motivation, analyzed from the doctrinal and jurisprudential perspective. If at first, motivation was considered merely a formal condition of the administrative act, as a result of the national and European, doctrinal and jurisprudential evolution, motivation is now regarded as one of the most important conditions of validity for the administrative act. Motivating administrative acts represents also a manifestation of the right to information, sealed by the Romanian Constitution, and a dimension of the right to a good administration, as stipulated in the Charter of Fundamental Rights of the European Union.
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The article analyzes the principles of interpretation for administrative contracts, in French law and in Romanian law. In the article are highlighted derogations from the rules of contract interpretation in common law. Are examined the exceptions to the principle of good faith, the principle of common intention (willingness) of the parties, the principle of good administration, the principle of extensive interpretation of the administrative contract. The article highlights the importance and role of the interpretation in administrative contracts.
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Negotiation is the process we use in order to obtain things that we want and are controlled by others. Any desire we intend to fulfill, any need that we are obliged to meet is a potential bargaining situations. Between groups and individuals, negotiation occurs naturally, as some have one thing that the other wants and is willing to bargain to get it. More or less we are all involved in negotiations: closing a contract, buying a thing, obtaining sponsorships, collective decision making, conflict resolution, agreement on work plans. Within the field of labor relations, negotiation can occur on the occasion of closing / amending employment contracts or in order to regulate employment or work relations. Moreover, used properly, the negotiation can be an effective tool for solving labor disputes, with benefits for both involved parties. This paper aims to present negotiating principles and steps to follow in planning and preparing negotiations and the negotiating techniques that can lead to a successful negotiation based on a well-developed plan.
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This approach proposes an analysis of the legal rules applicable to the simple company, especially emphasizing significant issues concerning its functioning. The utility of such an approach is obvious, at least given the fact that, according to the legislator's express option, the rules on the simple company constitute the common law in relation to companies, being applicable in the silence of the special law regulating other forms of companies. The main characteristic of the simple company is that this form of company has no legal personality. Therefore, the simple company contract produces juridical effects between associates, and even towards third parties, but it does not create a new legal person distinct from its members. This aspect implies significant particularities in relation to the rules that govern the functioning of the simple company, as emphasized below.
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Classically, the root of the contract is the agreement of the contracting parties. That is why, sometime people consider the contract as the agreement of the contracting parties. However, the agreement is not the contract. The both are different. In fact, if for the contracting parties there is a contract after an agreement, for the law there is a contract when the agreement of the contracting parties respects the frame previewed by the law. That is why the contract must be an institution. This view of the contract enables to have another meaning and to gather the keys ideas of the different opinions on the meaning of the contract. Thanks to the contract as an institution, we can no longer be afraid of the crisis of the contract.
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This paper examines the banking regulatory frameworks that were enforced from the 1980 to date and see if there is a cyclical tendency in the patterns of regulations and deregulations. To analyse this, we look at 10 acts or key events from the US banking industry and compare them against variant macroeconomic indicators. The result shows that lawmakers imposed deregulations upon the banking industry in moments of economic growth and regulatory measures after a period of economic downturn. This has some serious implications for policy making. In the end, we attempt to conclude whether lawmakers should back off and have a hands off approach to banking industry or if they should permanently regulate.
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The present contribution is the result of research into the legal and fiscal arsenal in reference to the French and Moroccan law. The author wondered whether it considers only companies taken apart or could consider the groups likewise. While the legislator makes the tax options, as it does in the French case, he encourages groups to act in the interest of the group as fiscal integration; fiscal optimisation is done more or less in transparency. The result will be reversed when the group of companies has neither legal personality nor processes and arrangements to allow tax savings, the lease under management is a case in point. Ceases within the same group can certainly achieve tax savings, sometimes minimizing the amount of payments, sometimes increasing them. The tax administration and the judge does certainly the qualification of the acts the opportunty of the management act, the corporate interests of companies and groups does not take precedence over the rights of the public treasury.
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Highlighting a number of shortcomings in the legislation on referendum, the present study proposes some solutions for their correction, using in this respect the experience and guidelines governing the matter in democratic states. Likewise, it underlines the advantages of putting together into an election code both the electoral law and the law on the organization and holding of a referendum.
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A reality that cannot be denied that the laws of Indonesia applicable today, especially regarding international trade transactions, are less conducive to the changes. This can be understood because the law that in fact is a legacy of the Dutch colonial government has not been changed at all, but the dynamics of the community continue to run endlessly. Changes in society increasingly run quickly along with the progress achieved in the field of Science and Technology, particularly Information and Communication. Such an objective conditions will in turn lead to new legal issues in the community, namely the absence of law and the emergence of the legal gap between what the law in book with what the law in action. The increasingly complex legal issues in related to be the establishment of an ASEAN Economic Community (AEC) of 2015. The theory used to analyze is the Jeremy Bentham’s Legislation Theory and the Theory of Legal Development from Mochtar Kusumaatmadja. While the research method applied is normative legal research methods with the statute, and conceptual approaches. The analysis shows that the convergence paradigm namely universalistic particularism is appropriate used in law reform in Indonesia. In addition, in order to provide a clear direction of Indonesian economic law reform efforts in the context of the establishment of 2015 AEC, it is necessary to establish the Indonesian Economic System in the national legislation.
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The purpose of the study was to find out the relationship between personality factors and tendency to internet overuse and to reveal those personality variables which may allow to predict tendency to internet addiction. 126 young people, aged 18–25 (M = 22,0; SD 1,93; 58,7% – men, and 41,3% – women) participated in the study. Internet Engagement Questionnaire and NEO-FFI Inventory (Costa@MCCrae) were used in the study. Data revealed the relationship between neuroticism, openness to experience and agreeableness with internet engagement. Agreeableness and neuroticism appeared predictors of tendency to internet addiction.
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This article presents studies on the determinants of the quality of life in people over the expected retirement age. Influence of health, Big Five personality dimensions, sense of coherence, purpose in life, activity and dwelling-place on the quality of life among the elders have been discussed. The separate chapter presents the retirement transition and additional factors that can affect life satisfaction in this period of life. Differences between the results of the presented studies indicate the necessity of further research into this subject taking into consideration the interaction between characteristics of a person and situational variables and both affective and cognitive aspects of quality of life.
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High commitment to work is treated as a cue of addiction. Workoholism means that in spite of physical and psychological costs there is compulsion to work, failures in attempts to make changes, increase to overload. Work becomes the most successful way of control and regulation of emotions. The article presents the construction at the commitment to work, its psychometric properties as well as proposition of using SCW.
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The aim of the study is to compare the level of psychological variables among male and female alcoholics beginning therapy. The following psychological variables was examined: stress intensity, coping with stress strategies, expectations and convictions (a sense of self-worth and efficacy, acceptance of illness, life satisfaction, optimism, health value), emotions variables (control of anger, anxiety and depression and the level of anxiety as a state and trait). 109 alcohol dependent people participated in the study – 47 women and 62 men. There were a lot of statistical differences between those two groups. These differences are associated with stress intensity, strategies of coping with stress, a sense of self-worth and efficacy, illness acceptance, depression and the level of anxiety as a trait. The observed differences can guide the treatment of alcohol dependent woman.
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This article concerns the issue of personal and situational conditions of creating in the modern organization. The method of analysis takes into account the following variables: personality, temperament, sensation seeking, locus of control, the conditions in the organization. 104 people took part in this analysis – managers and regular personnel.
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The purpose of the article is to present the main problems connected with the research into mood influence on different areas of human functioning. The author enumerates five basic problems which are: (1) the ambiguous use of the terms which refer to the affective processes, (2) the lack of mood induction procedure and the mood estimation measures which would prevent the subjects from guessing the aim of the study, (3) in the case of research into relatively permanent mood, the inconsistency which makes it impossible to clearly distinguish the individuals in a depressive mood from those who have been clinically diagnosed as suffering from depression, (4) the lack of research done on the subjects who are constantly in a positive mood, (5) the relatively small amount of research dealing with mood influence on specific aspects of human functioning as well as with meditative mechanisms. According to the author, finding the solution to the observed problems would make it possible to explain a lot of discrepancies in the results of already-conducted research.
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The study presents results of research on family adaptation pattern in situation of unemployment distress. Theoretical basis is McMaster Model of Family Functioning, modified by P. Steinhauer. The method was Family Questionaire, by M. Cierpka (C i e r p k a, E r e v e r t, 1994) based on Family Assessment Measure III, by P. S t e i n h a u e r et al. (1984). Subjects was unemployed men (23) and women (22) and their families. The results suggest serious disfunctions in every family system dimensions, except affective involvement. The threat of crisis is deeper in families of unemployed men, whose self-assessment as family member is strongly connected with disfunction of whole family system.
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The paper describes the construction of a tool designed to measure opinions on the menopause. The main assumptions and the process of construction is described step by step. The tool consists of 35 items and allows to evaluate both positive and negative aspects of the menopause (POZ and NEG subscales) on 5-points Likert type scale. It allows also for comparisons of both types of opinions (DIF index). Reliability coefficients (test-retest, Cronbach’s α and Spearman-Brown’s coefficient) are sufficiently high. The temporary norms were calculated based on frequency distribution from a study of 175 women.
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The article presents a synthesis of structurally related series of dodecyl-(3-(4-hydroxyaryl)propyl)selenides with different number and different structure of the ortho-alkyl substituents. Corresponding 3-(4-hydroxyaryl)-1-bromopropanes, 1-chlorododecane, selenium, and sodium sulfite were used as synthons. The synthesis of the target compounds were carried out via preparation of the bis-dodecyldiselenide as intermediate. The synthesized dodecyl-(3-(4-hydroxyaryl) propyl)selenides were active in reactions with peroxide radicals and peroxides, hence it work like hybrid antioxidants. Antiradical activity of these compounds studied in the model reaction of initiated cumene oxidation at 60 °C. Experi-mentally measured rate constant interaction with cumylperoxyde radicals ranged from 2.6 ∙ 104 M-1 s-1 ∙ for ortho-unsubstituted dodecyl-(3-(4-hydroxyphenyl)propyl)selenide to 1.3 ∙ 105 ∙ M-1 s-1 for its 3,5-dimethylated analogue. It has been shown, that replacement of selenium in the molecules of dodecyl-(3-(4-hydroxyaryl)propyl)selenides to sulfur does not lead to significant changes in antiradical properties of the compounds. However, the study of the kinetics of de-composition of cumene hydroperoxide in acetic acid at 60 °C in the presence of dodecyl-(3-(4-hydroxyaryl)propyl)selenides and corresponding dodecyl-(3-(4-hydroxyaryl)propyl)sulfides re-vealed significant differences in peroxide destruction activity these classes of compounds. In conditions of the experiment sulfides were reacted with equimolar amounts of cumene hydrop-eroxide, while selenides exhibited higher activity and digested whole peroxide (6-fold excess).
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In article is standard-legal bases of innovative activity through a prism of preservation and strengthening of pupils’ health and intermediate results of realisation of the Federal target program of a development of education for 2011–2015 in Republic Tyva are considered. Re-sults of performance of the program of Federal experimental platforms in a direction “Distribu-tion of models of formation of a healthy and safe way culture of life” for 2013/2014 are de-scribed. It is shown, that introduction of skreening techniques of monitoring of health with use of computer innovative technologies has allowed to survey for short term more than half of pu-pils of all age groups of Republic and to receive the objective characteristic of physical and mental health level and physical readiness of schoolboys. The obtained data can be used as specifications for modern schoolboys of Republic Tyva. Realisations of the Federal target pro-gram are summed up and directions of the further work in the field of a healthy and safe way of life are defined.
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