scholarly journals Προσδιορισμός της ζημίας κατά χρόνο επί αδικοπρακτικής ευθύνης

2015 ◽  
Author(s):  
Κίμωνας Σαϊτάκης

In order to determine the sum payable to the injured party on torts, one must initially determine thactual damage occured, as the law of compensation is based on the "all or nothing" principle. A major component in the assessment of damages and hence the compensation due is time: In most tort cases, the question which is the crucial time for determining the amount of damages to be made good is crucial, given that the gap occurred to the injured party’s estate, resulting from the illegal act or omission of the tortfeasor, is usually a size variable through time.This problem arises especially in monetary assessment of the recoverable pecuniary damages, in the context of monetary compensation (based on the provisions of article 297 of the Civil Code), as a result of the time lag between the birth and the fulfilment of the damage claim. In the meantime -between birth and fulfillment of the damage claim- incidents usually occur, that appear to influence the extent of the damage, increasing, reducing or eliminating it. This increase or decrease (up to total elimination) of the damage may result either from the appreciation or depreciation of the goods or services necessary for the complete restoration of the damage or from fluctuations in the intrinsic value of the currency as a measure of the damage, which appear after the occurrence of the damage and until its full restoration, making total restitution cheaper or more expensive for the trotfeasor.Opinions and views expressed by theorists regarding the above issue could be grouped into two main poles, from the time of the occurrence of the damage to the time of total restoration. The subject and aim of this thesis is the search for appropriate de lege lata solutions to the issue of the crucial time for assessment of damages on torts and the attempt to establish a comprehensive, practically workable, counter to the firm positions of jurisprudence, which consistently refers to the time of first discussion of the case at court of first instance. The opposite view, that the determination of damages shall be conducted at the time of its occurrence, is adopted in this thesis. This view is presented through a functional standardization (increase or decrease of damages, real value - nominal value, loss of profits), in the quest for teleologically consistent solutions, by utilizing the specificity of each category.In this way, weighing of interests of all parties takes place within the framework of a single conception of damages from the perspective of time.

2020 ◽  
pp. 23-33
Author(s):  
Elena A. Zaeva-Burdonskaya ◽  
Yuri V. Nazarov

This article addresses one of the most actively developing types of design activities – light design. The article comprises quotes of the leading Russian and foreign light design specialists published over the previous five years, as well as the authors’ own conclusions. The thoughts quoted in the article are sometimes opposite to each other and reflect the wide spectrum of professional practice. They reflect the initial opinions of analysts and experts which are often diverging. All of the specialists point at the interdisciplinary nature of the new profession, which imposes additional load on a designer overloaded enough already by the scope and speed of the problems being solved nowadays. The discussion of the new profession of light designer initiated on the pages of professional publications is especially important in view of the development of professional standards and standards of design and architectural education, as well as creation of new educational programmes based on various approaches to the subject in technical and humanitarian institutions. The goal of this article is to introduce light design into the field of fully legitimate sections of design culture, to define the authentic scientific basis of the new creative profession, to initiate a foundation for self-determination of the new synthetic area, which materially affects the state of the profession as a whole and the life standards of a wide variety of consumers. In order to reach the set goal, a comparative and analytical method of study was selected, which allows studying the problem to a large extent and from all angles and finding the ways of overcoming the challenges emerging in the area of the new activity.


Author(s):  
Evgeniya Mikhailovna Popova ◽  
Guzel Mukhtarovna Guseinova ◽  
Sergei Borisovich Milov

The deficit of subnational budgets and deceleration capital investments in multiple Russian regions increase the relevance of research aimed at improvement of tax incentivizing practice of the regional investment process. The studies focused on determination of the impact of socioeconomic and institutional factors upon the efficiency of investment tax expenses obtained wide circulation within the foreign scientific literature. The subject of this article is the assessment of sensitivity of the efficiency of regional tax expanses towards investment attractiveness of the types of economic activity carried out by the residents of territories of advanced socioeconomic development, created in the subjects of Far Easter Federal District. The scientific novelty and practical values of this research consists in substantiation of the reasonableness of assessment of investment attractiveness of the types of economic activity that are stimulated by tax incentives. Methodology for assessing investment attractiveness is proposed and tested. The conclusion is made that in case of low investment attractiveness of the type of economic activity, which was planned to support by tax incentives, it is required to conduct and additional analysis to avoid unjustified tax expanses.


Author(s):  
Дмитрий Валериевич Судаков ◽  
Олег Валериевич Судаков ◽  
Людмила Валентиновна Кретинина ◽  
Наталья Владимировна Якушева ◽  
Артём Николаевич Шевцов

Статья посвящена построению прогноза эффективности реконструктивных вмешательств на магистральных нервах предплечья в зависимости от протяженности дефекта нервной ткани и особенностей последующего периода реабилитации пациентов. Данная тематика является весьма актуальной, так как с каждым годом во всем мире наблюдается определенный рост случаев травм различного генеза магистральных нервных стволов, которые затем нередко приводят к временной нетрудоспособности и даже инвалидности пациентов. Реконструктивная микрохирургия многие десятилетия пытается решить целый ряд проблем аутотрансплантации нервных стволов и повысить ее общую эффективность. Но из-за определенных проблем связанных с финансированием, некоторые вопросы трансплантологии и реабилитации остаются нерешенными и в настоящий момент. Все это придает представленной работе важное значение не только медицинского, но и социально - экономического плана. Целью работы стала попытка построения прогноза восстановительных операций на нервной ткани, с учетом объема пораженных структур и периода реабилитации. Объектами исследования стало 180 больных, которым по той или иной причине, осуществлялась реконструктивная операция на одном из магистральных нервов предплечья. Все пациенты были разделены на 3 группы по 60 человек, в зависимости от протяженности дефекта магистрального нерва: до 4 см, от 4 до 8 см и от 8 до 12 см. Последующее разделение внутри каждой группы на подгруппы производилось в зависимости от определенного поврежденного нерва (лучевой, локтевой, срединный). В работе изучалось течение раннего послеоперационного воспалительного процесса, с определением бактериальной микрофлоры в ране. Изучались и отдаленные последствия оперативного вмешательства. Своеобразной новизной для данной тематики в целом, стало выявление последующего установления инвалидности пациентов. Кроме того, важные данные были получены и по срокам реабилитации и частичного или полного восстановления утраченных функций по срокам в зависимости от размеров восстанавливаемого дефекта и от наличия или отсутствия необходимой реабилитации. Полученные в работе данные могут представлять интерес не только для врачей хирургов и травматологов, но и для организаторов здравоохранения, позволяя производить прогнозы по выздоровлению пациентов в каждой определенной клинической ситуации The article is devoted to the construction of a forecast of the effectiveness of reconstructive interventions on the main nerves of the forearm, depending on the length of the defect in the nervous tissue and the characteristics of the subsequent period of rehabilitation of patients. This topic is very relevant, since every year all over the world there is a certain increase in cases of injuries of various origins of the main nerve trunks, which then often lead to temporary disability and even disability of patients. For many decades, reconstructive microsurgery has been trying to solve a number of problems of autotransplantation of nerve trunks and improve its overall efficiency. But due to certain problems associated with funding, some issues of transplantation and rehabilitation remain unresolved at the moment. All this gives the presented work important not only medical, but also socio - economic importance. The aim of this work was to attempt to predict restorative operations on the nervous tissue, taking into account the volume of the affected structures and the period of rehabilitation. The objects of the study were 180 patients who, for one reason or another, underwent a reconstructive operation on one of the main nerves of the forearm. All patients were divided into 3 groups of 60 people, depending on the length of the main nerve defect: up to 4 cm, from 4 to 8 cm, and from 8 to 12 cm. Subsequent division within each group into subgroups was performed depending on the specific damaged nerve ( radial, ulnar, median). The work studied the course of the early postoperative inflammatory process, with the determination of bacterial microflora in the wound. The long-term consequences of surgery were also studied. A peculiar novelty for this topic as a whole was the identification of the subsequent establishment of disability in patients. In addition, important data were obtained on the timing of rehabilitation and partial or complete restoration of lost functions in terms of timing, depending on the size of the restored defect and on the presence or absence of the necessary rehabilitation. The data obtained in this work may be of interest not only for surgeons and traumatologists, but also for healthcare organizers, allowing them to make predictions about the recovery of patients in each specific clinical situation


2019 ◽  
pp. 129-136 ◽  
Author(s):  
E. A. Khorova ◽  
A. V. Myshlyavtsev

The subject of the study were rubber mixtures based on hydrogenated butadiene-nitrile rubbers (HNBR) Therban, Zetpol, NBR-B with an acrylonitrile (AN) content of 34% to 49% and unsaturation of 0.9% to 22% with sulfuric, peroxide and sulfuric-peroxide cure systems. The purpose of the study was to determine the effect of the AN content and the degree of unsaturation of HNBR on the properties of rubbers in products designed for operation under the influence of fuels and oils at increased temperatures.The results of the determination of the mass swelling of rubbers in hydrocarbon media and the relative elongation in the process of thermal aging in air and in oil at increased temperatures are presented. The conclusion was made on the use of HNBR mixture with maximum content of AN (49%), with low (6%) and extremely low (0.9%) ODS content and sulfuric peroxide cure system to extend the product service temperature limit to 150°C.


Author(s):  
Chakravarthi Ram-Prasad

The Introduction outlines the various chapters. It then situates the question of ‘body’ in the modern Western philosophical tradition following Descartes, and argues that this leaves subsequent responses to come under one of three options: metaphysical dualism of body and subject; any anti-dualist reductionism; or the overcoming of the divide. Describing the Phenomenology of Merleau-Ponty as a potent example of the third strategy, the Introduction then suggests his philosophy will function as foil to the ecological phenomenology developed and presented in the book. Moreover, one approach within the Western Phenomenological tradition, of treating phenomenology as a methodology for the clarification of experience (rather than the means to the determination of an ontology of the subject) is compared to the approach in this book. Since classical India, while understanding dualism, did not confront the challenge of Descartes (for better or for worse), its treatment of body follows a different trajectory.


2021 ◽  
Vol 13 (3) ◽  
pp. 1232
Author(s):  
Natalie Szeligova ◽  
Marek Teichmann ◽  
Frantisek Kuda

The subject of the work is the research on relevant factors influencing participation in the success of brownfield revitalization, especially in the territory of small municipalities. Research has so far dealt with the issue of determining disparities in the municipalities of the Czech Republic, not excluding small municipalities, but their subsequent application has usually been presented in larger cities. The focus on smaller municipalities or cities was usually addressed only in general. The introduction provides an overview of theoretical knowledge in the field of brownfield revitalization. Defining the level of knowledge of the monitored issues is an essential step for the purposes of more effective determination of disparities. Disparities will be determined on the basis of information on localities that have been successfully revitalized. The identified disparities are then monitored in the territory of small municipalities. For the purposes of processing, it was determined that a small municipality or city is an area with a maximum of 5000 inhabitants. Using appropriately selected statistical methods, an overview of disparities and their weights is determined, which significantly affect the success of revitalization. In small municipalities, the issue of brownfields is not emphasized but, in terms of maintaining community strength and reducing population turnover, the reuse of brownfields is a crucial theme.


Author(s):  
Yernar Zh Akimbayev ◽  
Zhumabek Kh Akhmetov ◽  
Murat S Kuanyshbaev ◽  
Arman T Abdykalykov ◽  
Rashid V Ibrayev

Studying the historical facts of past wars and armed conflicts and natural and man-made emergencies, today in the Republic of Kazakhstan one of the most important security issues is the preparation and organization of the evacuation of the population from possible dangerous zones, taking into account the emergence of new threats to the country’s security. The paper presents an algorithm for constructing universal scales of the distribution function of opportunities by types of support and rebuilding them into subject scales using display functions. The purpose of the paper is to determine the integral indicators characterizing the possibility of accommodation of the evacuated population and the impact on resources during relocation. On the subject scales of cities and districts of the region, indicators of the possibility of relocation of a certain amount of the evacuated population by types of support and indicators characterizing the impact on the district’s resources during resettlement of a certain amount of the evacuated population are determined. It was concluded that the use of integrated indicators allows the selection of areas to accommodate the evacuated population without the use of statistical data, in conditions of incomplete and inaccurate information. The presented method does not replace traditional methods based on classical methods of territory assessment by the level of life sustenance, but also allows their reasonable combination with the experience of specialists in this field, taking into account the incompleteness, uncertainty, and inconsistency of the initial data of the study area, which does not allow the application of existing methods.


1935 ◽  
Vol 72 (4) ◽  
pp. 184-189 ◽  
Author(s):  
L. F. Spath

One of the problems left unsolved in my “Revision of the Jurassic Cephalopod Fauna of Kachh” consisted of the determination of the exact age of certain Jurassic beds that had yielded (in addition to ammonites) species of Trigonia. Among these, T. smeei J. de C. Sowerby is of unusual, general interest; and, as readers of the Geological Magazine may remember, this species has been the subject of much controversy. It was one of the species whose “morphological position, viewed from the evolutionary standpoint”, caused them to be described as Cretaceous. Thanks to the continued researches of Mr. J. H. Smith, of Bhuj, who has been good enough to send me new collections from various critical sections in Kachh, I am now in a position to add to the evidence for a Jurassic age of a number of these species of Trigonia. If it be asked why, in a work on cephalopods, I have gone out of my way to express scepticism regarding the use of species of Trigonia for correlation, I can only say that this genus happened to be represented among the ammonite material sent to me. There is no reason, so far as I can see, why Trigonia should not be quite as useful for zonal purposes as ammonites. I have been equally sceptical about Stolley’s work on belemnites. But in either case I will leave the results to speak for themselves. It seems to me that if Upper Oxfordian species like Trigonia smeei and such allies as T. tenuis, T. tra-peziformis, T. remota Kitchin, not to mention the associated Astarte, Gervillia, Cucullaea, Exogyra, etc., could be claimed to be of Cretaceous age by one of the most eminent authorities, then it is time to remind the general palaeontologist again of what workers on ammonites have realized long ago.


Litera ◽  
2021 ◽  
pp. 38-55
Author(s):  
Rivaa Mukhammad Salem Alsalibi

The subject of this research is the specifics, forms and functions of interaction in social media groups between the representatives of ethnic communities. The goal consists in determination of the role of social networks in adaptation of ethnocultural communities of St. Petersburg. The research is based on the polling technique for acquisition of information on the cognitive, emotional, and behavioral state of a person. The survey was conducted via distribution of questionnaires among the representatives of ethnic groups. The article also employs the method of systematic scientific observation over the social media groups, topic raised therein, as well as reading and analysis of the comments. The scientific novelty of this work consists in outlining of the nature, trends and development prospects of cross-cultural communications as the channel for ethnocultural interaction.  The main conclusions, which touch upon users from various ethnic communities who do not have enough experience in organization of activity of social media groups, demonstrate that it causes the loss of the sense of security, accumulation of prejudices and escalation of interethnic conflicts, as well as preference of the with restricted access, which contributes to lock down of the group and impedes adaptation in the accepting society. Stabilization of situation can be achieved by improvement of the quality of content posted in the social media, as well as level of their administration.


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