scholarly journals Geneza i znaczenie Kodeksu Prawa Prywatnego Kantonu Zurychu dla kodyfikacji prawa prywatnego w Szwajcarii na przykładzie prawa spadkowego

2018 ◽  
Vol 69 (2) ◽  
pp. 63-87
Author(s):  
Maria Lewandowicz

The Code of Private Law in the Canton of Zurich (Privatrechtliches Gesetzbuch für den Kanton Zürich – PGB) is described as the perfect model for the Swiss Civil Code in the literature devoted to the subject matter of codification of private law in the Swiss Confederation. It was the first modern civil code in Switzerland which was imbued with German tradition and legal culture. At the same time, it represented a high level of scientific sophistication. The Code of Private Law in the Canton of Zurich proved the vitality of German law in Switzerland. Moreover, its stable foundations in the national spirit resultedin a high level of social acceptance for the legal solutions included within. However, the question remains to what extent one can determine the influence of the Code of Private Law in the Canton of Zurich on the project and on the final shape of the Swiss Civil Code (ZGB). Also the question is to what extent one should treat these codes as independent works, even though they were created on the basis of the same initial assumptions. Theinfluence of The Code of Private Law in the Canton of Zurich on the Swiss Civil Code most completely depicts the inheritance law. Firstly, it directly interferes with the personal sphere of a citizen’s life and, consequently, it has to be rooted in the national culture and tradition in order to be effective. Secondly, it is the part of law which was the most diversified regulatory area in Switzerland in the period prior to the unification. The description of the Code of Private Law in the Canton of Zurich as “the perfect model” for the Swiss Civil Code is accurate. However, it is the author’s opinion that thisstatement is an exaggeration. The basic connection between the Code of Private Law in the Canton of Zurich and the Swiss Civil Code is expressed in the method of conducting the preparatory work for the codification work. It is also expressed by the adopted method of selection of the source material which was to serve as demonstrative material in the unification work. However, there is no evidence which would attest that the Swiss Civil Code’s contents were based on the regulations found in the Code of Private Law in the Canton of Zurich. The close relationship of both laws is expressed not in the contents but rather in the ideological assumptions of the conducted codification works.

Author(s):  
Jie Gao ◽  
Leonidas Guibas

This paper surveys the use of geometric methods for wireless sensor networks. The close relationship of sensor nodes with their embedded physical space imposes a unique geometric character on such systems. The physical locations of the sensor nodes greatly impact on system design in all aspects, from low-level networking and organization to high-level information processing and applications. This paper reviews work in the past 10 years on topics such as network localization, geometric routing, information discovery, data-centric routing and topology discovery.


Phytotaxa ◽  
2017 ◽  
Vol 297 (2) ◽  
pp. 101 ◽  
Author(s):  
SOMAYEH MONTAZEROLGHAEM ◽  
ALFONSO SUSANNA ◽  
JUAN ANTONIO CALLEJA ◽  
VALIOLLAH MOZAFFARIAN ◽  
MOHAMMAD REZA RAHIMINEJAD

A molecular phylogeny of the genus Echinops (Asteraceae, Cardueae) based on plastid and nuclear markers is presented. The study focuses on the Iranian representatives of the genus, which constitute a larger part of Echinops. The Bayesian cpDNA tree resulted in a large polytomy. However, the Bayesian ITS tree displayed a well-resolved topology more compatible with the taxonomic treatment generally accepted in Echinops. An ITS network illustrates a close relationship of haplotypes. Mapping diagnostic morphological characters onto the ITS tree revealed a high level of homoplasy among the studied taxa. Except for the life cycle, all other morphological characters evolved many times among the clades and most of them appeared to be of low taxonomical value. Based on the nucleotide polymorphism and haplotypes, the taxonomic status of some taxa was evaluated. The independent status of E. sect. Phaeochaete was confirmed by molecular analyses and morphological characters. The paraphyletic nature of E. sect. Echinops was confirmed. As for the molecular dating, our results suggest that the genus evolved in the early Miocene but the main speciation events took place in the Pliocene-Pleistocene. The biogeographic results do not support any specific ancestral area for Echinops, yet the model states that its current diversity originated in the Irano-Turanian Region and the Eastern Mediterranean region. Some taxonomic changes are suggested, in the synonymy and placement of some taxa. 


2019 ◽  
Vol 9 (1) ◽  
pp. 140-156
Author(s):  
Tamar Zarandia ◽  
Natia Chitashvili

AbstractThe present research article focuses on the description of the dynamics of Europeanization of two fundamental concepts of Georgian property law and the law of obligations—acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation—in the context of reception of German law. At the historical stage of formation of the Civil Code of Georgia (CCG), focusing on the conceptual framework of German civil law, the German law, in its turn, was an integral part of the Europeanization process. Hence, Europeanization influenced the development of Georgian civil law through the reception of German law. When referring to the reception of German law in this article we simultaneously mean the process of Europeanization of Georgian civil law, which penetrated not directly but rather through the reception of European (in this case, German) codification. The ongoing reform of Georgian civil law inevitably requires its legal harmonization with EU codifications in the context of central paradigms of acquisition of a thing from a non-authorized alienator and the unified concept of breach of obligation. Analysis of the dynamics and often contradictory root of the Europeanization of Georgian private law will enable scholars and legislators conduct legal approximation process on the basis of research-based recommendations.


2003 ◽  
Vol 4 (7) ◽  
pp. 685-699 ◽  
Author(s):  
Andreas Engert

The Bundestag's 1998-2002 term witnessed an unprecedented agenda in private law legislation. Besides profound changes in various areas, including a radical overhaul of the German Law of Civil Procedure, the German Bundestag (parliament) enacted a sweeping reform of the Bürgerliches Gesetzbuch (German Civil Code). Compared to these radical changes the proposed Act to Prevent Discrimination in Private Law seemed a rather modest endeavor. The project nonetheless turned out to be more troublesome than expected. In May 2002, it was shelved, due also to heavy lobbying activities by, inter alia, the Catholic and Protestant Churches. Yet it will no doubt soon re-enter the stage as Germany is under an obligation to translate two EU anti-discrimination directives into national law.


2016 ◽  
Vol 20 (3) ◽  
pp. 326-337
Author(s):  
Steve Hedley

In this article, Professor Steve Hedley offers a Common Law response to he recently published arguments of Professor Nils Jansen on the German law of unjustified enrichment (as to which, see Jansen, “Farewell to Unjustified Enrichment” (2016) 20 EdinLR 123). The author takes the view that Jansen's paper provided a welcome opportunity to reconsider not merely what unjust enrichment can logically be, but what it is for. He argues that unjust enrichment talk contributes little of value, and that the supposedly logical process of stating it at a high level of abstraction, and then seeking to deduce the law from that abstraction, merely distracts lawyers from the equities of the cases they consider.


Author(s):  
J. E. Penner

This chapter discusses property law. It considers the idea that property had a “nominalist” ontology, and it was in danger of “disintegration” as a working legal category for that very reason. Nominalism about property has had a significant impact in U.S. case law. The concern here, however, is whether it is a helpful stance to take as a theorist of property. The chapter argues that it is not. There are indeed “high” level abstractions about property which one cannot plausibly do without if one is to understand property rights and property law doctrine. Moreover, the “bundle of rights” (BOR) challenge does not assist one in making sense of these abstractions. The chapter then looks at the conceptual failure of BOR and the New Private Law as it relates to property. BOR is generally regarded as being underpinned by what might be called the Hohfeld-Honoré synthesis. The synthesis rests upon a fairly serious mistake, which is that while the Hohfeldian examination of jural norms is analytic if it is anything, Honor’s elaboration of the incidents making up ownership is anything but—it is functional. This means that Honoré describes the situation of the owner not principally in terms of his Hohfeldian powers, duties, and rights vis-à-vis others, but in terms of the social or economic advantages that an owner has by virtue of his position, and the terms and limitations of those advantages.


1938 ◽  
Vol 70 (11) ◽  
pp. 230-232 ◽  
Author(s):  
C. Stuart Walley

The following notes were assembled in arranging the Protarchoides material in the National Collection. In establishing the identity of Protarchoides mellipes (Prov.) it has been found necessary to synonymize one species. A species allied to mellipes is described as new and a table is provided for the separation of the four known North American species. The recording of Trichiosoma as host for a member of this genus is further evidence of the close relationship of the genus with Protarchus Foer.


2007 ◽  
Vol 44 (3) ◽  
pp. 120-125 ◽  
Author(s):  
B. Zheng ◽  
L. Xiao ◽  
X. Wang ◽  
D. Li ◽  
Y. Lu ◽  
...  

AbstractTo study the function of the 49 kDa excretory-secretory (ES) protein gene (P49) of Trichinella, the genes was amplified by RT-PCR from RNA of Trichinella spiralis and Trichinella nativa and several Chinese Trichinella isolates of domestic animals, and sequenced after being cloned. The amplified products of these parasites produced bands of about 950 bp. The 97.2 % to 100 % nucleotides identity and 94.3 % to 100 % identity of deduced amino acids among P49 gene of these Trichinella strains showed the close relationship of these parasites. The P49 gene of T. nativa was cloned into the BamHI site of the prokaryotic expression vector pET-30a, and the recombinant vector was expressed. The expressed product was 40.8 kDa in size. In Western blot analysis, the expressed product was reactive to sera of mice infected with T. nativa, T. spiralis and their Chinese geographical strains.


Bee World ◽  
1921 ◽  
Vol 3 (5) ◽  
pp. 124-124
Author(s):  
J. J. Kettle

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