scholarly journals The The Legal Operation of Liens: Theory and Practice

2021 ◽  
Vol 24 ◽  
pp. 1-23
Author(s):  
Mitzi Wiese
Keyword(s):  
Theory And Practice ◽  
Third Party ◽  
Specific Reference ◽  
Real Right ◽  
The Real ◽  
Object A ◽  
Personal Rights ◽  
The One ◽  
Unjustified Enrichment

The legal operation of liens has been the source of academic debates for many years. Liens are traditionally classified as enrichment liens and debtor-and-creditor liens (contractual liens). In the instance of an enrichment lien the creditor (lienholder) has a contract with a non-owner and not with the owner (debtor) himself. Consequently, the creditor can vest a lien against the owner of the thing only on the grounds of unjustified enrichment. Enrichment liens are classified as real rights. In the instance of a debtor-and-creditor lien (contractual lien) the creditor (lienholder) has a contract with the owner of the thing and the contract is the basis for the liability of the owner (debtor) towards the creditor. Debtor-and-creditor liens are generally classified as personal rights. This classification causes confusion regarding the legal operation on the one hand of an enrichment lien as a real right and on the other hand of a debtor-and-creditor lien (contractual lien) as a personal right. This paper proposes that the origin of the legal claim for which the lien serves as security (unjustified enrichment or contractual) merely determines the debt (expenses) for which a lienholder can vest his lien and does not determine the classification of a lien as either a real right or a personal right. A lien can be described as a defence against the owner's rei vindicatio and is, in principle, enforceable only against the owner of the thing (security object). A lien can, however, also be enforced against parties other than the owner, including the creditors (who, for example, want to attach the thing subject to the lien) of the owner (debtor) and other real claimants. The enforcement of a lien against these parties is referred to as the real operation (third-party action) of a lien. This paper analyses the legal operation of a lien with specific reference to the debt (expenses incurred) secured by the lien, the vesting (existence) of a lien, the real operation (third-party action) of a lien and the preferential position of a lienholder in the case of the debtor' insolvency.

scholarly journals Framing the Real: Lefèbvre and Neo-Realist Cinematic Space as Practice

2014 ◽  
Author(s):  
David Brancaleone
Keyword(s):  
Film Theory ◽  
Real Life ◽  
Vital Role ◽  
Theory And Practice ◽  
Multidimensional Space ◽  
Spatial Practices ◽  
The Real ◽  
Cinematic Space ◽  
The Difference ◽  
The One

In 1945 Roberto Rossellini’s Neo-realist Rome, Open City set in motion an approach to cinema and its representation of real life – and by extension real spaces – that was to have international significance in film theory and practice. However, the re-use of the real spaces of the city, and elsewhere, as film sets in Neo-realist film offered (and offers) more than an influential aesthetic and set of cinematic theories. Through Neo-realism, it can be argued that we gain access to a cinematic relational and multidimensional space that is not made from built sets, but by filming the built environment. On the one hand, this space allows us to “notice” the contradictions around us in our cities and, by extension, the societies that have produced those cities, while on the other, allows us to see the spatial practices operative in the production and maintenance of those contradictions. In setting out a template for understanding the spatial practices of Neo-realism through the work of Henri Lefèbvre, this paper opens its films, and those produced today in its wake, to a spatio-political reading of contemporary relevance. We will suggest that the rupturing of divisions between real spaces and the spaces of film locations, as well the blurring of the difference between real life and performed actions for the camera that underlies much of the central importance of Neo-realism, echoes the arguments of Lefèbvre with regard the social production of space. In doing so, we will suggest that film potentially had, and still has, a vital role to play in a critique of contemporary capitalist spatial practices.

scholarly journals Classification of Fallacies of Relevance

2004 ◽  
Vol 24 (1) ◽  
Author(s):  
Douglas Walton
Keyword(s):  
The Other ◽  
Software System ◽  
Major Category ◽  
Rational System ◽  
The Real ◽  
Textual Evidence ◽  
Real Issue ◽  
Informal Fallacies ◽  
The One

Fallacies of relevance, a major category of informal fallacies, include two that could be called pure fallacies of relevance-the wrong conclusion (ignoratio elenchi, wrong conclusion, missing the point) fallacy and the red herring digression, diversion) fallacy. The problem is how to classify examples of these fallacies so that they clearly fall into the one category or the other, on some rational system of classification. In this paper, the argument diagramming software system, Araucaria. is used to analyze the argumentation in some selected textbook examples of pure fallacies of relevance. A system of classification of these fallacies is proposed, and criteria for determining whether an example should be classified as wrong conclusion or red herring are formulated. A key difference cited is that in a case where the red herring fallacy has been committed, even if the argument may go to a wrong conclusion, there is evidence of the use ofa deceptive tactic of diversion. Textual evidence must indicate that the arguer deliberately interjects a distracting controversy to lead the respondent away from the real issue to be disputed.

Hidden “holes” in the capital of banks and the supply of credit to the real sector of economy

2018 ◽  
pp. 49-68 ◽  
Author(s):  
M. E. Mamonov
Keyword(s):  
Credit Risk ◽  
The Other ◽  
Real Sector ◽  
Capital Management ◽  
Loan Loss ◽  
Short Term ◽  
The Real ◽  
Ex Post ◽  
The One

Our analysis documents that the existence of hidden “holes” in the capital of not yet failed banks - while creating intertemporal pressure on the actual level of capital - leads to changing of maturity of loans supplied rather than to contracting of their volume. Long-term loans decrease, whereas short-term loans rise - and, what is most remarkably, by approximately the same amounts. Standardly, the higher the maturity of loans the higher the credit risk and, thus, the more loan loss reserves (LLP) banks are forced to create, increasing the pressure on capital. Banks that already hide “holes” in the capital, but have not yet faced with license withdrawal, must possess strong incentives to shorten the maturity of supplied loans. On the one hand, it raises the turnovers of LLP and facilitates the flexibility of capital management; on the other hand, it allows increasing the speed of shifting of attracted deposits to loans to related parties in domestic or foreign jurisdictions. This enlarges the potential size of ex post revealed “hole” in the capital and, therefore, allows us to assume that not every loan might be viewed as a good for the economy: excessive short-term and insufficient long-term loans can produce the source for future losses.

Security Test by using F T M and Data Allocation Strategies on Leakage Detection

2005 ◽  
Vol 4 (2) ◽  
pp. 393-400
Author(s):  
Pallavali Radha ◽  
G. Sireesha
Keyword(s):  
Third Party ◽  
Distributed Data ◽  
Data Allocation ◽  
Security Testing ◽  
Sensitive Data ◽  
Sample Data ◽  
The One ◽  
Security Test ◽  
Data Request ◽  
Allocation Strategies

The data distributors work is to give sensitive data to a set of presumably trusted third party agents.The data i.e., sent to these third parties are available on the unauthorized places like web and or some ones systems, due to data leakage. The distributor must know the way the data was leaked from one or more agents instead of as opposed to having been independently gathered by other means. Our new proposal on data allocation strategies will improve the probability of identifying leakages along with Security attacks typically result from unintended behaviors or invalid inputs.  Due to too many invalid inputs in the real world programs is labor intensive about security testing.The most desirable thing is to automate or partially automate security-testing process. In this paper we represented Predicate/ Transition nets approach for security tests automated generationby using formal threat models to detect the agents using allocation strategies without modifying the original data.The guilty agent is the one who leaks the distributed data. To detect guilty agents more effectively the idea is to distribute the data intelligently to agents based on sample data request and explicit data request. The fake object implementation algorithms will improve the distributor chance of detecting guilty agents.

Experiential Learning in Graduate Archival Education at the University of Botswana

Mousaion ◽  
2019 ◽  
Vol 37 (1) ◽  
Author(s):  
Olefhile Mosweu
Keyword(s):  
Experiential Learning ◽  
Work Experience ◽  
Real Life ◽  
Opportunity To Learn ◽  
Theory And Practice ◽  
Records Management ◽  
Archival Theory ◽  
Snowball Sampling ◽  
The Real ◽  
The University

Most curriculum components of archival graduate programmes consist of contextual knowledge, archival knowledge, complementary knowledge, practicum, and scholarly research. The practicum, now commonly known as experiential learning in the global hub, is now widely accepted in library and information studies (LIS) education as necessary and important. It is through experiential learning that, over and above the theoretical aspects of a profession, students are provided with the opportunity to learn by doing in a workplace environment. The University of Botswana’s Master’s in Archives and Records Management (MARM) programme has a six weeks experiential learning programme whose purpose is to expose prospective archivists and/or records managers to the real archival world in terms of practice as informed by archival theory. The main objective of the study was to determine the extent to which the University of Botswana’s experiential learning component exposes students to real-life archival work to put into practice theoretical aspects learnt in the classroom as intended by the university guidelines. This study adopted a qualitative research design and collected data through interviews from participants selected through purposive and snowball sampling strategies. Documentary review supplemented the interviews. The data collected were analysed thematically in line with research objectives. The study determined that experiential learning does indeed expose students to the real world of work. It thus helps to bridge the gap between archival theory and practice for students without archives and records management work experience. For those with prior archival experience, experiential learning does not add value. This study recommends that students with prior archives and records management experience should rather, as an alternative to experiential learning, undertake supervised research, and write a research essay in a chosen thematic area in archives and records management.

„A little Drama“ (G. M. Tucker)

2019 ◽  
Vol 63 (2) ◽  
pp. 195-219
Author(s):  
Alessandro Casagrande
Keyword(s):  
Present Article ◽  
Narrative Analysis ◽  
Literary Form ◽  
Third Party ◽  
Abrupt Shift ◽  
Mediated Discourse ◽  
Contextual Integration

Abstract The use of a narrative imperfect in Am 7:10–17 after 7:1–9 and the abrupt shift to 8:1–3 frequently compelled critics to determine its literary form. For diachronic studies defining classifications include ‘third-party report’ and ‘apophthegma’. By contrast, synchronic studies emphasize the contextual integration of Am 7:10–17 and concentrate on a narrative analysis. Within this focus it is striking, that the passage is often associated with a ‘drama’ but without assessing the methodological ramifications of such a claim. The present article takes this ‘synchronic gap’ up and relates it to approaches to view drama as a possible genre for prophetic books. In doing so, a reading of Am 7:10–17 as part of a narrator-mediated discourse using a dramatic mode shows that the passage can be deemed an entrance with three speeches integrated into the wider context of 7:1–8:3. Particularly the classification of 7:10a, 12aα, 14aα as narrator’s discourse using a dramatic mode makes this claim plausible.

СОЦИАЛЬНАЯ КОНФЛИКТОЛОГИЯ: ТЕОРЕТИКО-ИСТОРИЧЕСКИЙ АСПЕКТ

2020 ◽  
Vol 15 (2) ◽  
pp. 68
Author(s):  
А. Н. Сухов
Keyword(s):  
Theory And Practice ◽  
Important Task ◽  
Social Conflicts ◽  
Psychological Approach ◽  
Structure Dynamics ◽  
History Of ◽  
The Subject ◽  
First Time

This given article reveals the topicality not only of destructive, but also of constructive, as well as hybrid conflicts. Practically it has been done for the first time. It also describes the history of the formation of both foreign and domestic social conflictology. At the same time, the chronology of the development of the latter is restored and presented objectively, in full, taking into account the contribution of those researchers who actually stood at its origins. The article deals with the essence of the socio-psychological approach to understanding conflicts. The subject of social conflictology includes the regularities of their occurrence and manifestation at various levels, spheres and conditions, including normal, complicated and extreme ones. Social conflictology includes the theory and practice of diagnosing, resolving, and resolving social conflicts. It analyzes the difficulties that occur in defining the concept, structure, dynamics, and classification of social conflicts. Therefore, it is no accident that the most important task is to create a full-fledged theory of social conflicts. Without this, it is impossible to talk about effective settlement and resolution of social conflicts. Social conflictology is an integral part of conflictology. There is still a lot of work to be done, both in theory and in application, for its complete design. At present, there is an urgent need to develop conflict-related competence not only of professionals, but also for various groups of the population.

Sistem Pengawasan Aktifitas Penggunaan Smartphone Android

2018 ◽  
Vol 9 (1) ◽  
pp. 24-31
Author(s):  
Rudianto Rudianto ◽  
Eko Budi Setiawan
Keyword(s):  
Application Programming Interface ◽  
Third Party ◽  
Image Content ◽  
Image File ◽  
Application Programming ◽  
Index Terms ◽  
Programming Interface

Availability the Application Programming Interface (API) for third-party applications on Android devices provides an opportunity to monitor Android devices with each other. This is used to create an application that can facilitate parents in child supervision through Android devices owned. In this study, some features added to the classification of image content on Android devices related to negative content. In this case, researchers using Clarifai API. The result of this research is to produce a system which has feature, give a report of image file contained in target smartphone and can do deletion on the image file, receive browser history report and can directly visit in the application, receive a report of child location and can be directly contacted via this application. This application works well on the Android Lollipop (API Level 22). Index Terms— Application Programming Interface(API), Monitoring, Negative Content, Children, Parent.

Somatoform disorders: diseases of the civilization

2020 ◽  
pp. 25-30
Author(s):  
I. Kukhtevich
Keyword(s):  
Health Professionals ◽  
Somatoform Disorders ◽  
Neuropsychiatric Disorders ◽  
The Other ◽  
Significant Part ◽  
Organic Basis ◽  
Autonomic Disorders ◽  
The One ◽  
Somatic Diseases

Functional autonomic disorders occupy a significant part in the practice of neurologists and professionals of other specialties as well. However, there is no generally accepted classification of such disorders. In this paper the authors tried to show that functional autonomic pathology corresponds to the concept of somatoform disorders combining syndromes manifested by visceral, borderline psychopathological, neurological symptoms that do not have an organic basis. The relevance of the problem of somatoform disorders is that on the one hand many health professionals are not familiar enough with manifestations of borderline neuropsychiatric disorders, often forming functional autonomic disorders, and on the other hand they overestimate somatoform symptoms that are similar to somatic diseases.

Heuristic Algorithms for Waste Load Allocation in a River Basin

1989 ◽  
Vol 21 (8-9) ◽  
pp. 1057-1064 ◽  
Author(s):  
Vijay Joshi ◽  
Prasad Modak
Keyword(s):  
Dynamic Programming ◽  
Heuristic Algorithms ◽  
Water Quality Management ◽  
User Preferences ◽  
Theory And Practice ◽  
Waste Load Allocation ◽  
Practical Applications ◽  
Waste Load ◽  
On Line ◽  
The One

Waste load allocation for rivers has been a topic of growing interest. Dynamic programming based algorithms are particularly attractive in this context and are widely reported in the literature. Codes developed for dynamic programming are however complex, require substantial computer resources and importantly do not allow interactions of the user. Further, there is always resistance to utilizing mathematical programming based algorithms for practical applications. There has been therefore always a gap between theory and practice in systems analysis in water quality management. This paper presents various heuristic algorithms to bridge this gap with supporting comparisons with dynamic programming based algorithms. These heuristics make a good use of the insight gained in the system's behaviour through experience, a process akin to the one adopted by field personnel and therefore can readily be understood by a user familiar with the system. Also they allow user preferences in decision making via on-line interaction. Experience has shown that these heuristics are indeed well founded and compare very favourably with the sophisticated dynamic programming algorithms. Two examples have been included which demonstrate such a success of the heuristic algorithms.

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