scholarly journals YAKIV ORENSTEIN: AN EXPATRIATED UKRAINOPHIL FROM GALICIA

2019 ◽  
Vol 6 (2) ◽  
pp. 28-36
Author(s):  
IVAN MONOLATII
Keyword(s):  
Third Party ◽  
Mutual Understanding ◽  
The West ◽  
The Third ◽  
The Status ◽  
The Third Party ◽  
The Difference ◽  
To Come ◽  
Scalene Triangle

Ukrainian-Jewish relations in Galicia between the two World Wars were the reflection of the difference in the status of the two nations. The sides failed to come to mutual understanding, the basis for which was provided by the policy of the West Ukrainian People’s Republic / the Western Oblast of the Ukrainian People’s Republic. Taking into account the involvement of the third party, the Polish state, the situation can be described as an interethnic scalene triangle. One of the active figures in this complicated interaction was Yakiv Orenstein (1875–1942), Jewish publisher from Kolomyia, symbolic ‘Ukrainian’, follower of the faith of Moses. His life and work in Galicia in the interwar years is a personalized example of publicly declared pro-Polishness and actual Ukrainophilia.

Intelligent Prevention Method for Third-Party Damage of Long-Distance Pipeline Based on Mobile Devices Location Information

2020 ◽  
Author(s):  
Jiatong Ling ◽  
Hang Zhang ◽  
Shaohua Dong ◽  
Jinheng Luo
Keyword(s):  
Mobile Devices ◽  
Oil And Gas ◽  
Third Party ◽  
Location Information ◽  
Long Distance ◽  
The Third ◽  
Pipeline Segment ◽  
The Third Party ◽  
The Difference ◽  
Prevention Method

Abstract As one of the main risks of long-distance oil and gas pipelines, the consequences of pipeline accidents caused by third-party damage (TPD) are usually catastrophic. At present, TPD prevention approaches mainly include manual line patrol, fiber-optical vibration warning, and unmanned aerial vehicle (UAV) line patrol, but there are some limitations such as untimely warning, false alarm, and the missed report. As the location technology of mobile device matures, the user group provides massive data sources for the collection of location information, with which the tracks and features of the third-party activity along the pipeline can be directly obtained. Therefore, this paper proposes a method to identify the TPD behavior based on the location data of mobile devices. Firstly, the characteristics of relevant destruction behaviors were extracted from the historical destruction events. Then, the location information of the third-party activity near the target pipeline is obtained and the data is processed to remove the influence of noise, to reduce the computational burden of the subsequent identification process. Finally, calculate the difference degree of neighborhood trajectory and the similarity with the TPD features based on the data feature grouping (Difference feature and Similarity feature) to classify the type of third-party activity. Taking a 10km pipeline segment as an example, the method of this paper is used to preprocess the collected data and calculate the difference degree and similarity, 232 suspected TPD events are identified. After the on-site verification of the suspected damage by the line patrol, the results show that the method can better identify the third-party activities near the pipeline.

Contracts for the Benefit of Third Parties: The Singapore Law Perspectives

2018 ◽  
Author(s):  
ONG Burton
Keyword(s):  
Common Law ◽  
Contract Law ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
The Status ◽  
The Common ◽  
English Law ◽  
The Third Party ◽  
Privity Of Contract

Singapore’s contract law framework, in the context of third party beneficiaries, has stayed faithful to the approach taken under English law. The common law in Singapore has adopted the privity of contract rule, various common law exceptions to the rule, and a statutory regime to empower third parties to enforce contractual terms in prescribed circumstances. The privity rule confines the benefits and burdens under a contract to the contract parties; only they have given consideration and only they can sue and be sued under it. However, various reasons support the third party beneficiary having some right to enforce that benefit and a range of common law mechanisms have been recognized by the courts to allow the third party to do this. Some are true exceptions, others operate by recharacterizing the status of the third party into that of a primary party, thereby eliminating the lack of privity. In cases where the third party may potentially be able to sue the promisor in tort, the basis for loosening the privity doctrine to permit the third party to sue the promisor in contract, and the character of the damages recoverable from the party in breach, requires closer scrutiny.

From Rabbi Yosef Syracusty to Rabbi Nissi al-Nahrawani

2021 ◽  
pp. 141-206
Author(s):  
Daniel Roth
Keyword(s):  
Early Modern ◽  
Social Status ◽  
Third Party ◽  
Rabbinic Literature ◽  
Jewish Law ◽  
The Third ◽  
The Status ◽  
The Third Party ◽  
Historical Accounts ◽  
High Social Status

This chapter presents eight historical accounts and stories of rabbis or a group of rabbis who served as third-party peacemakers in medieval and early-modern rabbinic literature. The chapter is divided into three subsections based on the status and degree of success of the third party. The first section focuses on successful third-party rabbinic peacemakers with high social status, the second on unsuccessful rabbinic peacemakers who possessed less social status, and the third explores exceptions to this assertion. The chapter also includes a discussion about the responsibility of the rabbi to serve as a peacemaker or mediator in Jewish law and tradition.

scholarly journals Fraud in Letters of Credit under English Law: Issues and Cases (the Three Dimensions)

2021 ◽  
Author(s):  
Zaid Aladwan
Keyword(s):  
Three Dimensions ◽  
Third Party ◽  
Credit System ◽  
The Third ◽  
The Status ◽  
English Law ◽  
Fraud Exception ◽  
Letters Of Credit ◽  
The Third Party ◽  
Evidence Requirement

According to many cases, it has been demonstrated that sellers with bad intentions have manipulated letters of credit system in many ways, including fraud. Thus, many legal jurisdictions have recognized the fraud exception rule. In order to apply such exception, some conditions must be met. Among these conditions, the bank’s knowledge and a requirement of a clear evidence. Notably, the bank’s knowledge is crucial, meaning that the establishment of the sole exception will depend upon the status of the bank’s knowledge. Meaning that if the bank is aware of existing fraud, it is under a duty to refuse presentation. Otherwise, it should not. In turn, the establishment of clear evidence by the English courts is somewhat hard to achieve, consequently, such condition criticized often. Further, if the beneficiary himself commits the fraud, or has knowledge of the fraud, then the fraud exception rule will apply.1 This raises the question of whether the fraud exception should also bite where the fraud is committed by a third party but without the beneficiary’s knowledge. From these facts, this chapter will try to analysis the status of the bank’s knowledge and the hardship related to the clear evidence requirement in conjunction with the third-party fraud.

Resolving tension from the third-party forgiveness effect

2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green
Keyword(s):  
Third Party ◽  
The Third ◽  
The Third Party

Relaxations of Contractual Privity and the Need for Third Party Rights in Chinese Contract Law

2018 ◽  
Author(s):  
Chen Lei
Keyword(s):  
Direct Action ◽  
Contract Law ◽  
Third Party ◽  
Chinese Law ◽  
The Third ◽  
Right Of Action ◽  
The Law ◽  
The Third Party ◽  
The Right

This chapter examines the position of third party beneficiaries in Chinese law. Article 64 of the Chinese Contract Law states that where a contract for the benefit of a third party is breached, the debtor is liable to the creditor. The author regards this as leaving unanswered the question of whether the thirdparty has a right of direct action against the debtor. One view regards the third party as having the right to sue for the benefit although this right was ultimately excluded from the law. Another view, supported by the Supreme People’s Court, is that Article 64 does not provide a right of action for a third party and merely prescribes performance in ‘incidental’ third party contracts. The third view is that there is a third party right of action in cases of ‘genuine’ third party contracts but courts are unlikely to recognize a third party action where the contract merely purports to confer a benefit on the third party.

Contracts for the Benefit of Third Parties Under the Taiwan Civil Code

2018 ◽  
Author(s):  
Sheng-Lin JAN
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
Third Party ◽  
The Third ◽  
Legal Relationship ◽  
The Third Party ◽  
Privity Of Contract

This chapter discusses the position of third party beneficiaries in Taiwan law where the principle of privity of contract is well established. Article 269 of the Taiwan Civil Code confers a right on the third party to sue for performance as long as the parties have at least impliedly agreed. This should be distinguished from a ‘spurious contract’ for the benefit of third parties where there is no agreement to permit the third party to claim. Both the aggrieved party and the third party beneficiary can sue on the contract, but only for its own loss. The debtor can only set off on a counterclaim arising from its legal relationship with the third party. Where the third party coerces the debtor into the contract, the contract can be avoided, but where the third party induces the debtor to contract with the creditor by misrepresentation, the debtor can only avoid the contract if the creditor knows or ought to have known of the misrepresentation.

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