scholarly journals Postponement of Expiry of the Limitation Period in Case of the Incapacity of the Creditor Without a Representative

2017 ◽  
pp. 85-90
Author(s):  
Константин Савин ◽  
Konstantin Savin
Keyword(s):  
Legal Representative ◽  
Natural Person ◽  
Foreign Law ◽  
Current Reform ◽  
Legal Arguments ◽  
The Given ◽  
Usual Order

The article considers such a poorly studied ground for changing the usual order for calculating the limitation period as the absence of a representative of the incapable creditor. An increased attention to the problem of the influence of the creditor’s incapacity on the running of the limitation period confirms the relevance of the topic. The article contains a brief overview of the problem in the domestic and foreign law. The author supports the idea that the absence of the representative of incapable creditor should lead to a change in the usual order of the limitation period. In support of the given idea the article comprises and evaluates the basic political and legal arguments on the both sides. Based on the results of the study of the issue recommendations are given on the appropriate content and place of the relevant norm in the institute of limitation period in the context of current reform of the civil legislation in the sphere of limitation period. Thus, in a case of the total or partial incapacity of a natural person without legal representative, the limitation period in favor of or against the said person will expire no earlier than six months after the cessation of the incapacity or the appointment of his representative, whichever comes first. The limitation period for claims between fully or partially incapable person and his legal representative will expire no earlier than six months after the cessation of the incapacity of the authorized person or the appointment of a new representative of him.

Understanding Tort Reform: Strategic Actors, Public Policy, and Feedback Loops

2003 ◽  
Vol 5 (01) ◽  
pp. 95-125
Author(s):  
Mathew Shon Manweller
Keyword(s):  
Feedback Loops ◽  
Tort Reform ◽  
Reform Policy ◽  
Efficient System ◽  
Effective Implementation ◽  
Incentive Structures ◽  
Current Reform ◽  
Legal Arguments ◽  
Civil Justice System ◽  
The Impact

This paper discusses the problems in the effective implementation of tort reform policy, focusing on several different areas that seek to review both the fundamental problems associated with punitive damages as well as the legal arguments in favor of tort reform. The limitations against the creation of a truly efficient system lie in the fact that strategic actors have the ability to anticipate the effects of reforms, and act to create feedback loops that diffuse the impact of the reform attempt. To implement effective tort reform policy one must understand how these strategic actors behave within the civil justice system, as well as how feedback loops limit the overall effectiveness of the tort reform policy. The findings suggest that the system of “decoupling” liability is the most efficient of all the current reform attempts or proposals, while the system can also be improved by adopting policies that isolate the incentive structures of plaintiff's attorneys.

Compensation of Losses not Related to the Breach of Obligations

2016 ◽  
Vol 4 (9) ◽  
pp. 0-0
Author(s):  
Евгений Четырус ◽  
Evgeniy Chetyrus
Keyword(s):  
Russian Federation ◽  
Civil Law ◽  
Third Parties ◽  
The Other ◽  
Third Party ◽  
Law System ◽  
Foreign Law ◽  
The Russian Federation ◽  
The Given ◽  
Mutual Agreement

The article considers the concept of “indemnity” that is rather new to national civil law. The analogy of this concept that was borrowed from the foreign law system is reflected in the article 4061 of the Civil Code of the Russian Federation “Compensation of losses which occur due the circumstances stated in the contract”. In particular, the given Article of the Code establishes that the parties to the obligations acting jointly as members of the business activities may through their mutual agreement provide for the obligation of one party to compensate for material losses of the other party which were caused by the circumstances listed in the contract, but unrelated to violation of obligations by the party (losses caused by impossibility of fulfilment of obligations, submission of claims by third parties or bodies of state power against a party or third party which was indicated in the contract, etc.). The agreement between the parties shall determine the amount of losses to be compensated for as well as the procedure for such calculation and compensation. The author concludes that the notion “indemnity” and compensation of losses which are not associated with the violations of obligations, should not be confused since they are not identical legal factors.

Personal Problem Solving of Partners in Divorce Proceedings

2015 ◽  
Vol 36 (1) ◽  
pp. 82-103 ◽  
Author(s):  
Tereza Soukupova ◽  
Petr Goldmann
Keyword(s):  
Gender Differences ◽  
Problem Solving ◽  
Thematic Apperception Test ◽  
Scoring Systems ◽  
Personal Control ◽  
Personality Characteristics ◽  
Personal Problem ◽  
Thematic Apperception ◽  
And Gender ◽  
The Given

Abstract. The Thematic Apperception Test is one of the most frequently administered apperceptive techniques. Formal scoring systems are helpful in evaluating story responses. TAT stories, made by 20 males and 20 females in the situation of legal divorce proceedings, were coded for detection and comparison of their personal problem solving ability. The evaluating instrument utilized was the Personal Problem Solving System-Revised (PPSS-R) as developed by G. F. Ronan. The results indicate that in relation to card 1, men more often than women saw the cause of the problem as removable. With card 6GF, women were more motivated to resolve the given problem than were men, women had a higher personal control and their stories contained more optimism compared to men’s stories. In relation to card 6BM women, more often than men, used emotions generated from the problem to orient themselves within the problem. With card 13MF, the men’s level of stress was less compared to that of the women, and men were more able to plan within the context of problem-solving. Significant differences in the examined groups were found in those cards which depicted significant gender and parental potentials. The TAT can be used to help identify personality characteristics and gender differences.

Pattern Recognition in Histo-Pathology: Basic Considerations

1982 ◽  
Vol 21 (01) ◽  
pp. 15-22 ◽  
Author(s):  
W. Schlegel ◽  
K. Kayser
Keyword(s):  
Pattern Recognition ◽  
Graph Theory ◽  
Normal Tissue ◽  
Diagnostic Procedures ◽  
Minimal Distance ◽  
Malignant Growth ◽  
Colon Tissue ◽  
First Results ◽  
Tissue Structures ◽  
The Given

A basic concept for the automatic diagnosis of histo-pathological specimen is presented. The algorithm is based on tissue structures of the original organ. Low power magnification was used to inspect the specimens. The form of the given tissue structures, e. g. diameter, distance, shape factor and number of neighbours, is measured. Graph theory is applied by using the center of structures as vertices and the shortest connection of neighbours as edges. The algorithm leads to two independent sets of parameters which can be used for diagnostic procedures. First results with colon tissue show significant differences between normal tissue, benign and malignant growth. Polyps form glands that are twice as wide as normal and carcinomatous tissue. Carcinomas can be separated by the minimal distance of the glands formed. First results of pattern recognition using graph theory are discussed.

Coordinating Medical Literature with Patient Care

1977 ◽  
Vol 16 (04) ◽  
pp. 234-240 ◽  
Author(s):  
Joann Gustafson ◽  
J. Nelson ◽  
Ann Buller
Keyword(s):  
Health Care ◽  
Medical Staff ◽  
Medical Information ◽  
Medical Literature ◽  
Medical Information System ◽  
Staff Members ◽  
Information Displays ◽  
Medical Displays ◽  
Computerized Medical Information ◽  
The Given

The contribution of a special library project to a computerized problem-oriented medical information system (PROMIS) is discussed. Medical information displays developed by the PROMIS medical staff are accessible to the health care provider via touch screen cathode terminals. Under PROMIS, members of the library project developed two information services, one concerned with the initial building of the medical displays and the other with the updating of this information. Information from 88 medical journals is disseminated to physicians involved in the building of the medical displays. Articles meeting predetermined selection criteria are abstracted and the abstracts are made available by direct selective dissemination or via a problem-oriented abstract file. The updating service involves comparing the information contained in the selected articles with the computerized medical displays on the given topic. Discrepancies are brought to the attention of PROMIS medical staff members who evaluate the information and make appropriate changes in the displays. Thus a feedback loop is maintained which assures the completeness, accuracy, and currency of the computerized medical information. The development of this library project and its interface with the computerized health care system thus attempts to deal with the problems in the generation, validation, dissemination, and application of medical literature.

Identification and Transformation of Terminal Morphemes in Medical English

1969 ◽  
Vol 8 (02) ◽  
pp. 84-90 ◽  
Author(s):  
A. W. Pratt ◽  
M. Pacak
Keyword(s):  
Word Form ◽  
Subsequent Transformation ◽  
Part Of Speech ◽  
Morphological Segmentation ◽  
Medical English ◽  
Nominal Form ◽  
Admissible Path ◽  
Near Future ◽  
The Given ◽  
Admissible Sequences

The system for the identification and subsequent transformation of terminal morphemes in medical English is a part of the information system for processing pathology data which was developed at the National Institutes of Health.The recognition and transformation of terminal morphemes is restricted to classes of adjectivals including the -ING and -ED forms, nominals and homographic adjective/noun forms.The adjective-to-noun and noun-to-noun transforms consist basically of a set of substitutions of adjectival and certain nominal suffixes by a set of suffixes which indicate the corresponding nominal form(s).The adjectival/nominal suffix has a polymorphosyntactic transformational function if it has the property of being transformed into more than one nominalizing suffix (e.g., the adjectival suffix -IC can be substituted by a set of nominalizing suffixes -Ø, -A, -E, -Y, -IS, -IA, -ICS): the adjectival suffix has a monomorphosyntactic transformational property if there is only one admissible transform (e.g., -CIC → -X).The morphological segmentation and the subsequent transformations are based on the following principles:a. The word form is segmented according to the principle of »double consonant cut,« i.e., terminal characters following the last set of double consonants are analyzed and treated as a potential suffix. For practical purposes only such terminal suffixes of a maximum length of four have been analyzed.b. The principle that the largest segment of a word form common to both adjective and noun or to both noun stems is retained as a word base for transformational operations, and the non-identical segment is considered to be a »suffix.«The backward right-to-left character search is initiated by the identification of the terminal grapheme of the given word form and is extended to certain admissible sequences of immediately preceding graphemes.The nodes which represent fixed sequences of graphemes are labeled according to their recognition and/or transformation properties.The tree nodes are divided into two groups:a. productive or activatedb. non-productive or non-activatedThe productive (activated) nodes are sequences of sets of graphemes which possess certain properties, such as the indication about part-of-speech class membership, the transformation properties, or both. The non-productive (non-activated) nodes have the function of connectors, i.e., they specify the admissible path to the productive nodes.The computer program for the identification and transformation of the terminal morphemes is open-ended and is already operational. It will be extended to other sub-fields of medicine in the near future.

The Role and Place of Budget Procedure in the System

2003 ◽  
pp. 42-49 ◽  
Author(s):  
E. Bushmin
Keyword(s):  
Budget Process ◽  
Public Expenditures ◽  
Principal Role ◽  
Process Trends ◽  
The Given ◽  
Rules Of The Game

The article is devoted to the analysis of improving budget process trends. The author offers the concept of "financial technologism". Its usage should promote an essential improvement of the budget process. The given concept is based on the fact that the regulation of budget procedure is the process of determination of "rules of the game", and the order of interaction of different institutions within the framework of the budget process, and the trends and volumes of expenses are the strategy of institutions. The procedure within the budget process plays a principal role as compared with the trends and volumes of public expenditures.

Deskripsi Kesulitan Belajar Siswa Berdasarkan Karakteristik Lerner dalam Menyelesaikan Soal Geometri

2019 ◽  
Vol 2 (2) ◽  
Author(s):  
Nazom Murio ◽  
Roseli Theis
Keyword(s):  
Qualitative Research ◽  
Visual Perception ◽  
Learning Difficulties ◽  
Research Subjects ◽  
Visual Objects ◽  
Almost All ◽  
Personality Classification ◽  
The Given ◽  
Classification Test ◽  
Descriptive Qualitative

Geometri adalah bagian matematika yang sangat dekat dari siswa, karena hampir semua objek visual yang ada di sekitar siswa adalah objek geometri, tetapi tidak semua siswa menyukai pembelajaran yang menyertakan gambar, sehingga memungkinkan siswa mengalami kesulitan dalam belajar geometri. Tujuan dari penelitian ini adalah untuk menggambarkan kesulitan belajar siswa berdasarkan karakteristik Lerner dalam menyelesaikan pertanyaan geometri. Jenis penelitian ini adalah penelitian deskriptif kualitatif. Subjek penelitian adalah siswa dengan kepribadian wali yang mengalami kesulitan belajar di kelas IX A SMP N 30 Muaro Jambi. Instrumen yang digunakan dalam penelitian ini adalah penulis sendiri, lembar tes klasifikasi kepribadian, lembar tes kesulitan belajar, dan pedoman wawancara. Hasil penelitian menunjukkan siswa dengan kepribadian wali yang mengalami kesulitan belajar, 100% mengalami kelainan persepsi visual, di mana siswa mengalami kesulitan dalam menentukan seperti apa bangun datar pada masalah tersebut. 60% mengalami kesulitan mengenali dan memahami simbol, di mana siswa melihat simbol "//" sebagai simbol untuk kesesuaian. Serta 40% mengalami kesulitan dalam bahasa dan membaca, di mana siswa kesulitan dalam memahami pertanyaan yang diberikan.   Geometry is a very close mathematical part of the student, because almost all visual objects that exist around the students are objects of geometry, but not all students like learning that includes images, thus allowing students to have difficulty in learning geometry. The purpose of this research is to describe students' learning difficulties based on Lerner's characteristic in solving the geometry question. This type of research is descriptive qualitative research. Research subjects were students with guardian personality who had difficulty studying in class IX A SMP N 30 Muaro Jambi. Instruments used in this study are the authors themselves, personality classification test sheets, learning difficulties test sheets, and interview guidelines. The results showed students with guardian personality who experienced learning difficulties, 100% experienced visual perception abnormalities, where students have difficulty in determining what kind of flat wake on the matter. 60% have difficulty recognizing and understanding symbols, where students see the symbol "//" as a symbol for conformity. As well as 40% have difficulty in language and reading, where students difficulty in understanding the given question.

Professional dilemmas for caregivers in Turkish home care settings in Germany

2014 ◽  
Vol 1 (1) ◽  
pp. 47-56 ◽  
Author(s):  
Jan Basche
Keyword(s):  
Healthcare Services ◽  
Insurance Companies ◽  
Or Education ◽  
Migrant Communities ◽  
Caregiver Relationship ◽  
International Nursing ◽  
Nursing Literature ◽  
Intercultural Care ◽  
The Given

While calling for culturally sensitive healthcare services in migrant communities, the international nursing literature on intercultural care predominantly describes nursing staff as lacking cultural competences and immigrant customers as lacking cleverness to navigate the labyrinths of national healthcare systems. Congruences in language, culture and religion in the customer-caregiver relationship can decisively improve the quality of care. However, they do not automatically guarantee smooth working processes in monocultural in-home settings. On the contrary, new problems occur here for Turkish caregivers which are unknown to the legions of native professionals who feel challenged by migrants and which go beyond differences such as age, sex, income or education. While no cultural or religious brokering is necessary between customers and personnel in the given context in Germany, new challenges arise when caregivers are expected to legally broker between customers and insurance companies or doctors. Conflicting expectations of customers and management as well as their own colliding social and professional roles put the caregivers in a quandary and must be competently managed.

CLASS OF BOOLEAN FUNCTIONS CONSTRUCTED USING SIGNIFICANT BITS OF LINEAR RECURRENCES OVER THE RING ℤ2n

2019 ◽  
Vol 6 (2) ◽  
pp. 90-94
Author(s):  
Hernandez Piloto Daniel Humberto
Keyword(s):  
Linear Function ◽  
Boolean Functions ◽  
Hamming Distance ◽  
Linear Recurrences ◽  
Maximum Period ◽  
Non Linear ◽  
The Given ◽  
Class Of Functions

In this work a class of functions is studied, which are built with the help of significant bits sequences on the ring ℤ2n. This class is built with use of a function ψ: ℤ2n → ℤ2. In public literature there are works in which ψ is a linear function. Here we will use a non-linear ψ function for this set. It is known that the period of a polynomial F in the ring ℤ2n is equal to T(mod 2)2α, where α∈ , n01- . The polynomials for which it is true that T(F) = T(F mod 2), in other words α = 0, are called marked polynomials. For our class we are going to use a polynomial with a maximum period as the characteristic polyomial. In the present work we show the bounds of the given class: non-linearity, the weight of the functions, the Hamming distance between functions. The Hamming distance between these functions and functions of other known classes is also given.

Sign in / Sign up

Export Citation Format

Share Document