Third-Party Effects of “Res Judicata”: Recent Developments in Italian Law

1986 ◽  
Vol 21 (2) ◽  
pp. 165-176
Author(s):  
Federico Carpi
Keyword(s):  
Legal System ◽  
Third Party ◽  
Legal Proceedings ◽  
Res Judicata ◽  
Modest Contribution ◽  
Cultural Life ◽  
Italian Law ◽  
Recent Developments ◽  
Depth Study ◽  
The Subject

I am very happy and honoured by my friend Prof. Stephen Goldstein's invitation to give my own modest contribution to the vigorous cultural life of this University, and in particular to this seminar, dedicated this year to the in-depth study of that most important subject, “res judicata”.A final judgment represents the coat of arms of judicial activity, that which clearly separates and distinguishes this function distinctly from other functions of the State, i.e., legislative and administrative. In my view, the concept of a final judgment in a legal system, at a particular moment in history, is of unique interest in understanding the structure of that system's legal proceedings, its conception of adjudication and the ideology which inspires it.The subject thus becomes central in the science of legal proceedings; the temptation for me to deal with it at length is very strong. I realize, though, that the usefulness of a survey of a foreign system depends on simplifying and limiting the description. That is why I have singled out one aspect of res judicata, i.e., the finality as part of a judgment, and I have chosen to deal only with recent developments in the Italian doctrine of party limits.

scholarly journals SUBJECT OF FORENSIC EXAMINATION IN CIVIL LAW LEGAL PROCEEDINGS

2021 ◽  
Vol 6(72) (3) ◽  
pp. 121-125
Author(s):  
I. V. Yudin
Keyword(s):  
Civil Law ◽  
Practical Significance ◽  
Legal Proceedings ◽  
Forensic Examination ◽  
Depth Study ◽  
The Subject ◽  
Basic Concepts ◽  
Points Of View ◽  
Judicial Expertise

The subject of judicial expertise is one of the basic concepts in expert activity, which has both scientific and practical significance. Currently, there are several different points of view regarding the concept of “subject of judicial expertise”, which indicates the need for a more in-depth study of this issue

scholarly journals La consulenza genetica in Italia: problemi, regole di consenso informato, trattamento dei dati genetici e privacy

2009 ◽  
Vol 58 (6) ◽  
Author(s):  
Marina Casini ◽  
Claudio Sartea
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Privacy Protection ◽  
Genetic Research ◽  
Genetic Data ◽  
Third Party ◽  
Professional Profile ◽  
The Subject ◽  
Access To Data ◽  
And Diffusion

Il contributo presenta una sintetica disamina di alcune delle questioni più rilevanti nell’ambito della consulenza genetica, dell’informazione e del consenso, della tutela della privacy in ordine al trattamento dei dati genetici, alle loro modalità di raccolta e conservazione degli stessi nonché in ordine alle loro modalità di comunicazione e diffusione. Si tratta sicuramente di uno degli ambiti di studio più complessi e densi. Esso nasce, come osservano gli Autori, dalla necessità di armonizzare le grandi promesse della ricerca genetica con l’esigenza di non ledere i diritti fondamentali della persona. Tale esigenza è particolarmente intensa poiché un uso inappropriato dei dati genetici, la loro incontrollabile divulgazione, o un accesso indebito da parte di terzi, possono danneggiare gravemente – sia sotto il profilo professionale, sia nella vita di relazione – il soggetto da cui provengono le informazioni. L’argomento viene trattato esaminando fonti normative e documenti attinenti soprattutto all’ordinamento giuridico italiano, ma non mancano riferimenti a normative comunitarie e internazionali. ---------- The contribution offers a synthetic examination of some of the most remarkable questions within genetic advice, information and consent, privacy protection for genetic data processing, formalities of collection and maintenance as well as for formalities of communication and diffusion of data. It is of course one of the more complex and dense circles of study. As the Authors observes - it derives from the necessity to harmonize the great promises of genetic research with the demand of the respect of human rights. Such demand is particularly intense since an inadequate use of genetic data, their uncontrollable spreading or an undue access to data from a third party, may seriously damage - both under the professional profile, and within the relational life - the subject from which information originate. The matter is dealt examining normative sources and documents connected above all to the Italian legal system, but there are references to community and international commumnity.

scholarly journals Brussels I: Recent Developments in the Interpretation of Special Jurisdiction Provisions for Internet Torts.

2015 ◽  
Vol 9 (1) ◽  
pp. 165-173 ◽  
Author(s):  
Martin Šrámek
Keyword(s):  
Focal Point ◽  
European Court Of Justice ◽  
Third Party ◽  
The Internet ◽  
International Jurisdiction ◽  
Court Of Justice ◽  
European Court ◽  
Recent Developments ◽  
The Subject ◽  
Harmful Event

The paper deals with recent rulings of the European Court of Justice regarding the international jurisdiction of European courts in connection with infringements over the Internet. The aim of the paper is to illustrate a shift in the judicature of the Court and the need for a recast of the special jurisdiction provisions in the Brussels I Regulation.The main focal point is the ruling in the case C-170/12 Peter Pinckney v KDG Mediatech AG, which contains two surprising conclusions. Firstly, the intentions of the alleged infringer to target a certain jurisdiction are not to be taken into consideration. The decisive connecting factor is solely the fact that the harmful event may occur within the jurisdiction of the court. Secondly, the actions of anindependent third party can now establish the jurisdiction for a suit against the alleged infringer. This has been the subject of two other recent cases C-387/12 Hi Hotel HCF Sparl v Uwe Spoering and C-360/12 Coty Germany GmbH v First Note Perfumes NV. In both of these cases the sole actions of the alleged infringer would not suffice to establish the jurisdiction of the court in question. The paper tries to evaluate these rulings in light of procedural fairness and the traditional interpretation od special jurisdiction provisions.

Two Truths and a Lie: In re John Z. and Other Stories at the Juncture of Teen Sex and the Law

2013 ◽  
Vol 38 (02) ◽  
pp. 364-402 ◽  
Author(s):  
Michelle Oberman
Keyword(s):  
Contemporary Literature ◽  
Adolescent Sexuality ◽  
Two Truths ◽  
Academic Literature ◽  
Meaningful Relationship ◽  
Depth Study ◽  
The Subject ◽  
The Law ◽  
Sexual Encounters ◽  
Criminal Justice Response

Laws governing adolescent sexuality are incoherent and chaotically enforced, and legal scholarship on the subject neither addresses nor remedies adolescents’ vulnerability in sexual encounters. To posit a meaningful relationship between the criminal law and adolescent sexual encounters, one must examine what we know about adolescent sexuality from both the academic literature and the adults who control the criminal justice response to such interactions. This article presents an in-depth study of In re John Z., a 2003 rape prosecution involving two seventeen-year-olds. Using this case, I explore the implications of the prosecution by interviewing a variety of experts and analyzing the contemporary literature on sexual norms among youth. I also relate a series of interviews conducted with the major players in the prosecution. Examining this case from a variety of perspectives permits a deeper understanding of how the law regulates adolescent sexual encounters and why it fails.

Maximization of the Signal Impulsiveness Combining Envelope Technique with Minimum Entropy Deconvolution

2013 ◽  
Vol 392 ◽  
pp. 725-729 ◽  
Author(s):  
Rafael José Gomes de Oliveira ◽  
Mauro Hugo Mathias
Keyword(s):  
Test Bench ◽  
Minimum Entropy ◽  
Combined Application ◽  
Recent Developments ◽  
Gear Trains ◽  
The Subject ◽  
Using Data ◽  
High Frequency Resonance ◽  
Combined Technique ◽  
Experimental Test Bench

The application of the HFRT (High-Frequency Resonance Technique), a demodulation based technique, is a technique for evaluation the condition of bearings and other components in rotating machinery. Another technique MED (Minimum Entropy Deconvolution) has been the subject of recent developments for application in condition monitoring of gear trains and roller bearings. This article demonstrates the effectiveness of the combined application of the MED technique with HFRT in order to enhance the capacity of HFRT to identify the characteristic fault frequencies of damaged bearings by increasing the signal impulsivity. All tests were done using data collected from an experimental test bench in laboratory. The Kurtosis value is used as an indicator of effectiveness of the combined technique and the results shown an increase of five times the original kurtosis value with the application of MED filter together with the HFRT.

scholarly journals Recent developments on the Stieltjes transform of generalized functions

1987 ◽  
Vol 10 (4) ◽  
pp. 641-670 ◽  
Author(s):  
Ram Sankar Pathak ◽  
Lokenath Debnath
Keyword(s):  
Final Section ◽  
Generalized Functions ◽  
Stieltjes Transform ◽  
Poisson Transform ◽  
Open Questions ◽  
The Laplace Transform ◽  
Recent Developments ◽  
The Subject ◽  
Abelian Theorems ◽  
Stieltjes Transforms

This paper is concerned with recent developments on the Stieltjes transform of generalized functions. Sections 1 and 2 give a very brief introduction to the subject and the Stieltjes transform of ordinary functions with an emphasis to the inversion theorems. The Stieltjes transform of generalized functions is described in section 3 with a special attention to the inversion theorems of this transform. Sections 4 and 5 deal with the adjoint and kernel methods used for the development of the Stieltjes transform of generalized functions. The real and complex inversion theorems are discussed in sections 6 and 7. The Poisson transform of generalized functions, the iteration of the Laplace transform and the iterated Stieltjes transfrom are included in sections 8, 9 and 10. The Stieltjes transforms of different orders and the fractional order integration and further generalizations of the Stieltjes transform are discussed in sections 11 and 12. Sections 13, 14 and 15 are devoted to Abelian theorems, initial-value and final-value results. Some applications of the Stieltjes transforms are discussed in section 16. The final section deals with some open questions and unsolved problems. Many important and recent references are listed at the end.

AUTONOMY OF FAMILY RELATIONS AND CIVIL PROCEDURE

2021 ◽  
Vol 11 (1) ◽  
pp. 277-293
Author(s):  
P.A. YAKUSHEV
Keyword(s):  
Russian Federation ◽  
Family Law ◽  
Family Relations ◽  
Legal Proceedings ◽  
Family Courts ◽  
Procedural Code ◽  
Separate System ◽  
The Subject ◽  
The Russian Federation ◽  
Settlement Of Disputes

The article examines the ontology of the autonomy of family relations and its impact on the independence of family law as a branch of law. It is proved that the independence of family law as a branch of law, due by the nature of family relations and their autonomy, determines the need to regulate family relations by an independent codified normative legal act containing material norms of law. Thus, it is concluded that the branch autonomy does not determine the existence of a separate system of courts for the settlement of disputes connected with application of norms of law and an independent justice. Since all family disputes can be considered by courts of General jurisdiction within the existing types of legal proceedings (claim proceedings, special proceedings, writ proceedings), the creation of specialized family courts in the Russian Federation is impractical. However, for the proper consideration and resolution of family disputes, based on the specifics of their subject composition, the subject of dispute, the nature of relationships, degree of procedural activity of the court, it is necessary to supplement Civil procedural code of the Russian Federation separate chapters containing the rules governing the procedural peculiarities of consideration of some categories of family disputes.

The Use of Fibre Optic Techniques for Temperature Measurement

1987 ◽  
Vol 20 (6) ◽  
pp. 32-39 ◽  
Author(s):  
K T V Grattan
Keyword(s):  
Temperature Measurement ◽  
Subject Area ◽  
Temperature Sensing ◽  
Rapid Expansion ◽  
Fibre Optic ◽  
Recent Developments ◽  
The Subject

The subject area of fibre optic sensing is one in which there has been shown a very rapid expansion of interest over the last few years. Many novel techniques are appearing in the literature and some products are available to the industrial user. The background to fibre optic means of temperature sensing and some recent developments will be reviewed in this paper.

scholarly journals Titles to Life Assurance Policies

1905 ◽  
Vol 2 ◽  
pp. 343-386
Author(s):  
Alfred Ernest Sprague
Keyword(s):  
Legal Proceedings ◽  
Legal Question ◽  
Life Assurance ◽  
The Subject ◽  
The Law ◽  
To Receive ◽  
Made In

The chief object for which insurance offices exist is to pay claims; but before any claim can be paid, the question arises—who is the proper person to receive the payment ? If any mistake be made in this, the office may find itself involved in troublesome and expensive legal proceedings, and be compelled to pay the claim twice over. This consideration shows the necessity of insurance officials having some knowledge of law, as it is almost impracticable for them to refer every legal question to their solicitors; and my present object is to draw attention to some of the elementary points which arise in the ordinary course of our business. On the shelves of the library there are to be found papers by Mr. Barrand, Mr. Warren Crosbie, and Mr. Hayter, which should be studied carefully (in addition to the text books) by every one desirous of qualifying himself for a position of responsibility in the claims or law department of his office; but these papers do not exhaust the subject, and I do not propose to allude to the points discussed therein, except in the cases where some further explanation seems desirable or where there has been an alteration in the law or in the practice of the offices.

Heat Liberation and Transmission in Large Steam-Generating Plants

1933 ◽  
Vol 125 (1) ◽  
pp. 201-289
Author(s):  
E. W. Robey ◽  
W. F. Harlow
Keyword(s):  
Heat Liberation ◽  
Dew Point ◽  
Flue Gases ◽  
Plant Performance ◽  
Laboratory Research ◽  
Frictional Loss ◽  
Boiler Plant ◽  
Recent Developments ◽  
The Subject ◽  
Secondary Air

The demand for heavier duties and exacting guarantees of performance which has accompanied recent developments in steam-raising plants, has necessitated closer inquiry into the fundamental principles on which their performance depends. The authors present their views on certain aspects of the subject. These have been formed as a result of experience, combined with a consideration of the work of laboratory investigators. It would appear that important facts revealed by laboratory research do not always receive the attention due to them, and frequently erroneous ideas persist for years without question. The paper discusses the function of the chain grate mechanical stoker with particular reference to the subject of furnace design and secondary air application. It deals with the effect on the size and cost of equipment generally, which would result from a closer observance of the laws of heat transfer and frictional loss in flowing gases, and discusses particularly the phenomenon of delayed heat release in flue gases and the effect of this in boiler plant performance. The cause and prevention of air heater corrosion is dealt with, and the results of investigations into the dew point temperature of flue gases are given.

Sign in / Sign up

Export Citation Format

Share Document