Mandatory and Default Rules in Fiduciary Law

2019 ◽  
pp. 434-448
Author(s):  
Daniel Clarry
Keyword(s):  
Modern Trend ◽  
Legal Institutions ◽  
Core Element ◽  
Constituent Element ◽  
Mandatory Rules ◽  
Default Rules ◽  
Other Regarding ◽  
The Relationship

This chapter discusses the nature and operation of mandatory and default rules in fiduciary law, arguing that loyalty is a core element of every fiduciary legal institution. Loyalty is the hallmark of fiduciary law, as it requires persons in other-regarding positions of power to perform functions selflessly, rather than selfishly. However, there are many circumstances in which a person undertakes and exercises other-regarding powers, underscoring the fact that a broad range of persons may be the subject of fiduciary law. This chapter first provides an overview of key concepts and context, focusing on the distinction between mandatory rules and default rules as well as sources of such rules in fiduciary law. It then considers fiduciary loyalty, citing examples that illustrate how a baseline of fiduciary accountability is implied by the essential nature of fiduciary legal institutions, along with the mandatory or default quality of the duties of care and good faith. The main thesis of this chapter is that loyalty is a basic constituent element of all fiduciary legal institutions. Whether fiduciary principles are mandatory involves a consideration and determination of whether the relationship or institution is inherently fiduciary as matter of law and legal classification. It also highlights the modern trend toward codification and clear legislative demarcation of mandatory and default rules in fiduciary law.

scholarly journals Vitamin D Deficiency in Children with Chronic Renal Disease

2021 ◽  
Vol 9 (B) ◽  
pp. 1751-1757
Author(s):  
S. B. Dyussenova ◽  
M. Y. Gordiyenko ◽  
G. B. Serikova ◽  
S. A. Turlybekova ◽  
A. A. Issayeva ◽  
...  
Keyword(s):  
Vitamin D ◽  
Vitamin D Deficiency ◽  
Bone Growth ◽  
Chronic Renal Disease ◽  
Immune Disorders ◽  
Increased Risk ◽  
The Relationship ◽  
Increased Susceptibility

BACKGROUND: Vitamin D is essential for children and adults for healthy bone growth. Lack of this vitamin in children can cause rickets, and in adults, softening of the bones and an increased risk of fractures. Vitamin D deficiency can cause immune disorders, increased susceptibility to infections, the development of certain types of cancer, diabetes mellitus, and cardiovascular diseases. AIM: The article presents the literature data and the results of our own research on the analysis of the relationship between chronic kidney disease (CKD) and Vitamin D provision in children from 1 to 17 years old. The aim of the study was to establish the level of Vitamin D in children with different stages of CKD. METHODS: Between January 2020 and September 2020, we examined 40 children (16 boys and 24 girls). The patients’ age ranged from 1 to 17 years inclusive. RESULTS: Vitamin D deficiency was found in 62.5% of children with CKD. Vitamin D deficiency was noted in 25% of cases. The prevalence of Vitamin D deficiency correlates with a decrease in glomerular filtration rate. CONCLUSION: Determination of Vitamin D level in children with CKD is important for timely correction and prevention of further progression of CKD. Timely substitution therapy will improve the quality of life of a child with CKD and prevent the development of complications.

THE USE OF FUZZY LOGIC IN THE TAGUCHI METHOD FOR THE DETERMINATION OF THE TOLERANCE OF A SIX-BAR HINGE MECHANISM

2005 ◽  
Vol 29 (3) ◽  
pp. 477-489
Author(s):  
Fu-Chen Chen ◽  
Hsing-Hui Huang
Keyword(s):  
Fuzzy Logic ◽  
Taguchi Method ◽  
Control Factor ◽  
Response Table ◽  
Total Product ◽  
Product Variation ◽  
Key Dimensions ◽  
The Relationship

In this paper fuzzy logic was applied to the Taguchi method to design the dimensional tolerances of a six-bar hinge mechanism with multiple performance characteristics (MPC). A fuzzy logic system was used to determine the relationship between the S/N (signal to noise) ratios of the position and the angle error for assessing the level of importance of each control factor in the hinge mechanism. The contribution of each control factor to the variations was also quantified through the response table and response diagram and the key dimensions found to significantly affect the quality of the mechanism were r4, β, r1 and r5, which contributed 67.77% of the total product variation. It followed therefore that in order to improve the quality of the mechanism the tolerance of these factors must be tightened. Through a series of confirmation experiments, it was revealed that tightening the tolerance resulted in an increase in the multiple performance index (MPI) by 0.094, which was an increase of 19.87% of the initial value.

Determination of Optimal Clusters Using a Genetic Algorithm

2008 ◽  
pp. 98-117 ◽  
Author(s):  
Tushar ◽  
Tushar ◽  
Shibendu Shekhar Roy ◽  
Dilip Kumar Pratihar
Keyword(s):  
Genetic Algorithm ◽  
Threshold Value ◽  
Data Sets ◽  
Self Organizing Map ◽  
Data Set ◽  
Fcm Algorithm ◽  
Data Points ◽  
The Relationship

Clustering is a potential tool of data mining. A clustering method analyzes the pattern of a data set and groups the data into several clusters based on the similarity among themselves. Clusters may be either crisp or fuzzy in nature. The present chapter deals with clustering of some data sets using Fuzzy C-Means (FCM) algorithm and Entropy-based Fuzzy Clustering (EFC) algorithm. In FCM algorithm, the nature and quality of clusters depend on the pre-defined number of clusters, level of cluster fuzziness and a threshold value utilized for obtaining the number of outliers (if any). On the other hand, the quality of clusters obtained by the EFC algorithm is dependent on a constant used to establish the relationship between the distance and similarity of two data points, a threshold value of similarity and another threshold value used for determining the number of outliers. The clusters should ideally be distinct and at the same time compact in nature. Moreover, the number of outliers should be as minimum as possible. Thus, the above problem may be posed as an optimization problem, which will be solved using a Genetic Algorithm (GA). The best set of multi-dimensional clusters will be mapped into 2-D for visualization using a Self-Organizing Map (SOM).

Microstructures and Properties of Typical Zirconia Tubes for the Determination of Oxygen Content

2014 ◽  
Vol 633 ◽  
pp. 516-519
Author(s):  
Pan Wang ◽  
Guo Liang Zhou ◽  
Chuan Long Pan ◽  
Cheng Zhang ◽  
Hong Qiang Nian
Keyword(s):  
Oxygen Content ◽  
Oxygen Sensor ◽  
Cell System ◽  
Smelting Process ◽  
Iron And Steel ◽  
Molten Liquid ◽  
The Relationship ◽  
Domestic Products

The measurement of oxygen content in liquid iron and steel has been a challenge for decades and there have been many attempts to develop oxygen sensor to adjustment the smelting process on the basis of the probe for monitoring oxygen dissolved in molten liquid. However, there was still not a common standards of zirconium tubes about domestic product, which limited their application and improvement This work selected several domestic enterprises oxygen measuring half-cell system to study the relationship between the physical properties and microstructure at room temperature. Furthermore, we also analyzed about the typical performance of the domestic Oxygen content products, which would be beneficial to test and improve the quality of domestic products. Keywords: zirconia tubes, oxygen content, oxygen sensor

scholarly journals Childhood and adolescent obesity and adult mortality: a systematic review of cohort studies

2008 ◽  
Vol 24 (suppl 4) ◽  
pp. s558-s568 ◽  
Author(s):  
Fernando Adami ◽  
Francisco de Assis Guedes de Vasconcelos
Keyword(s):  
Systematic Review ◽  
Cohort Studies ◽  
Adult Mortality ◽  
Adolescent Obesity ◽  
Childhood And Adolescence ◽  
Pubmed Database ◽  
Childhood And Adolescent Obesity ◽  
The Relationship

This systematic review addressed cohort studies on obesity in childhood and adolescence and adult mortality, published from January 1990 to March 2007. We searched the PubMed database with the following uniterms: obesity, mortality, child, adolescent; obesity and mortality; overweight and mortality. References were also analyzed. The age limit was 2 to 18 years. Quality of the articles was assessed, and eight were identified and reviewed. All used weight and stature for determination of obesity, and seven used body mass index (BMI). The quality score varied from 9 to 17. Evidence of association between obesity in childhood and adolescence and adult mortality should be viewed with caution. Use of BMI and potential confounders were discussed. Further research is needed to analyze the relationship between childhood and adolescent obesity and adult mortality.

Test and Research to the Dank Ratio of Woven Filtering Fabric

2011 ◽  
Vol 332-334 ◽  
pp. 916-919
Author(s):  
Gui Fen Yao ◽  
Jian Hua Yin ◽  
Hai Wen Liu
Keyword(s):  
Water Permeability ◽  
Performance Indicator ◽  
Woven Fabrics ◽  
National Standards ◽  
Test Results ◽  
Quality Of Water ◽  
Relationship Of ◽  
The Relationship

No matter for clothes fabric or industry fabric, the water permeability is an important performance indicator. In order to explore relationship of the water permeability of woven filtering fabrics with the fabric structure parameters, we design sixteen fabric. According to the national standards of determination of water permeability of woven filtering fabric, we test the dank ratio of the design fabric. In this paper we analysis the water permeability and structure parameter of woven filtering fabric with test the quality of water on some time through woven fabrics. We calculated the dank ratio from the water permeable quality and other parameters. The results indicate that, the effect of fabric texture on the dank ratio of woven fabrics is that the dank ratio of the plain weave is the smallest and the satin weave is the biggest. In addition, the relationship between overall covering factor and water permeability showed that the water permeability decreases along with the overall covering factor increasing. A linear regression equation between dank ratio and overall covering factor is get from the test results. In order to get big dank ratio, we should produce fabric with satin weave and lower overall covering factor.

scholarly journals Position of Students and University Teachers In Didactic Methodical Determination of Higher Education from Aspect of Cyber Information Didactic Theory and Curriculum Theory

2021 ◽  
pp. 241-256
Author(s):  
Nedim Čirić
Keyword(s):  
Curriculum Theory ◽  
Learning Society ◽  
Teaching Process ◽  
Learning And Teaching ◽  
University Teachers ◽  
Scientific Teaching ◽  
Starting Point ◽  
The Relationship

In the teaching process, the relationship between students and university teachers is an important determinant of the quality of learning and teaching process. The concepts of didactic theories provide a different approach to the didactic - methodical determination of teaching and the position of students in the scientific - teaching process in relation to the concept of the old school and the traditional pedagogical paradigm of teaching. The student is observed and experienced as a collaborator, learning partner, authoritarian teaching styles are abandoned, democratically oriented communication and interaction are developed, with mutual respect, tolerance and respect for all participants in the teaching process. The analytical - descriptive method, comparative analysis and content analysis were used. The relationship and position of students and university teachers in the teaching process through the prism of didactic theories advocated by Christina Möller and Felix von Cube are presented. The issues of selectivity, cooperation and competitiveness as a starting point for defining the position of students in teaching, purposes and goals of learning, based on the modern pedagogical paradigmatic orientation of the “learning society”, and the analysis of the position and position of students and university teachers through the prism of cyber-information didactic theories and curriculum theories.

scholarly journals Study on Added-Value Sharing Ratio of Large EPC Hydropower Project Based on Target Cost Contract: A Perspective from China

2018 ◽  
Vol 10 (10) ◽  
pp. 3362 ◽  
Author(s):  
Jiyong Ding ◽  
Chen Chen ◽  
Xiaowei An ◽  
Na Wang ◽  
Wujuan Zhai ◽  
...  
Keyword(s):  
Value Added ◽  
Added Value ◽  
Project Delivery ◽  
Actual Cost ◽  
Core Element ◽  
Actual Performance ◽  
Value Sharing ◽  
Target Cost ◽  
The Relationship

Engineering, procurement, and construction (EPC) has been applied in China’s hydropower projects for its value-added advantages compared with traditional project delivery systems in theory. However, the actual performance of large EPC hydropower projects has been challenged by the complexity of the stakeholders’ interest demands and conflicts. The increasing use of target cost contracts (TCC) in the construction industry has provided a pain/gain share mechanism for the owners to incentivize contractors to complete projects within cost budgets. The added-value sharing ratio is the core element of TCC, and it predetermines how much proportion of savings the contractor can get paid if the actual cost is below the target cost, and how much proportion of overspend the contractor has to pay if the actual cost is higher than the target cost. In this paper, we consider the added-value sharing ratio under the framework of TCC based on the principal-agent theory, and look at how the added-value sharing ratio is influenced by various factors and how it affects the owner and the contractor in large EPC hydropower projects. Determination of the added-value sharing ratio in both discrete and continuous conditions are discussed, respectively. It is found that the added-value sharing ratio is relatively explicit in the discrete case, while the optimal added-value sharing model in the continuous case is more complex, which can be used to analyze the relationship between the added-value sharing ratio and the key influencing factors. Our research conclusions can provide both theoretical guidance and practical suggestions to contract design in the implementation of EPC hydropower projects, to some extent.

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