scholarly journals Fusiones internacionales, libertad de establecimiento y derechos de los acreedores. Cuestiones abiertas por la STJ (Sala Tercera) de 7 de abril de 2016 (as. C-483/14, KA Finanz AG y Sparkassen Versicherung AG Vienna Insurance Group) = International mergers, freedom of establishment and creditor’s rights. Open questions in the judgment of the court of justice (third chamber) of 7th april 2016 (as. C-483/14, KA Finanz AG and Sparkassen Versicherung AG Vienna Insurance Group)

2017 ◽  
Vol 9 (2) ◽  
pp. 570
Author(s):  
Rafael Arenas García

Resumen: La sentencia KA Finanz ofrece al Tribunal de Luxemburgo la oportunidad de pronunciarse sobre varias cuestiones relevantes en materia de fusiones internacionales. En concreto sobre las relaciones entre el Derecho rector de las obligaciones de las que son parte las sociedades que intervienen en la fusión y la que se aplica a este operación; la determinación del Derecho rector de la fusión y ciertos límites en las posibilidades de regular las garantías de los acreedores en las fusiones internacionales. Además, interpreta qué ha de entenderse por titulares de títulos a los que correspondan derechos especiales (art. 15 de la Directiva 78/855/CEE).Palabras clave: Derecho de sociedades, libertad de establecimiento, fusiones internacionales, protección de los acreedores.Abstract: The KA Finanz judgment allows the Luxembourg Court to deal with some relevant issues connected to international mergers. Specifically, on the relationship between the laws governing the obligations of which the companies involved in the merger are parties, and the one that applies to the merger; the determination of the law governing the merger and also on certain limits of the national legislators in the regulation of the creditor’s guarantees in international mergers. Furthermore, it interprets what is to be understood by holders of securities to which special rights are attached (article 15 of Directive 78/855 / EEC).Keywords: Company law, freedom of establishment, international mergers, protection of the interest of creditors.

2002 ◽  
Vol 45 (4) ◽  
pp. 622-627
Author(s):  
Kazem Lotfipour-Saedi

Abstract Various definitions have been offered for translation, each assuming a different orientation to the nature of meaning and language but all sharing the notion of replacement of one sort or another. The commonsensically perceived framework of translation operation is also basically founded upon the notion of replacement, mostly leading to the illusion that translation is just a matter of replacing SL elements by TL ones. But due to the uniqueness of each language system on the one hand and the non-isomorphic nature of the relationship between form and meaning across language on the other, this replacement operation faces challenging problems. This paper argues that there is no direct route in this operation and the replacement becomes possible only through the determination of the value of the elements to be replaced.


Author(s):  
Guilherme Moreno Pianca

Abstract: This article looks into Le Corbusier’s urban proposal for the City of São Paulo, as formulated during his journey to South America in 1929. It highlights the relationship between Architecture and Landscape exposed by Le Corbusier’s plan. This paper sets out to investigate the analysis that the innovative Swiss architect performed of the geography and morphology of São Paulo. It contrasts to the works and plans carried out by technicians and engineers at that time. In order to explain how Le Corbusier’s treatment of nature and landscape differs from them, we study the extent to which Le Corbusier’s plans show design approaches, which were unusual in terms of Western History and Memory. He also looks into the relationship between Le Corbusier’s work, on the one hand, and new technological elements and changes in the visual culture at that time, on the other hand, thus seeking to highlight certain obscure spots within Le Corbusier’s work. This study aims at bringing forward some speculations and methods present in the work of Le Corbusier on cities. It deals with contradictory aspects in Le Corbusier’s work in order to deepen our understanding of contemporary urban problems. Resumen: Este artículo investiga la hipótesis de proyecto de Le Corbusier para la ciudad de San Pablo, propuesta durante su viaje a América Latina en 1929, focalizando en las relaciones entre arquitectura y paisaje. La primera cuestión analizada en este trabajo es el innovador análisis de la geografía y la morfología de San Pablo propuesto por el arquitecto suizo, que contrasta con la manera con que los técnicos e ingenieros locales desarrollaban sus propuestas en ese momento. Para explicar dicha diferencia en la manera de lidiar con la naturaleza y el paisaje, el autor de este articulo estudia como el trabajo de Le Corbusier presenta abordajes de proyecto inusuales para la Historia y la Memoria, y su relación con los nuevos elementos tecnológicos y de la cultura visual de la época, procurando así resaltar ciertos puntos oscuros en el trabajo del arquitecto. Esta discusión intenta cuestionar ciertas especulaciones proyectuales y metodologías de trabajo presentes en el trabajo de Le Corbusier sobre ciudades, utilizando sus aspectos contradictorios como modo de profundizar nuestro entendimiento de los problemas urbanos contemporáneos.  Keywords: Modern Architecture; Modern Urbanism; Landscape Architecture; Le Corbusier; São Paulo. Palabras clave: Arquitectura Moderna; Urbanismo Moderno; Arquitectura Del Paisaje; Le Corbusier; São Paulo. DOI: http://dx.doi.org/10.4995/LC2015.2015.937


1912 ◽  
Vol 31 ◽  
pp. 41-69 ◽  
Author(s):  
Richard J. A. Berry ◽  
A. W. D. Robertson

IN our communication to the Royal Society of Victoria of the 11th March, 1909 (1), describing our recent discovery of forty-two Tasmanian crania hitherto quite unknown to the world of science, we stated that “one of the earliest purposes to which it is proposed to utilise the present material is the determination of the relationship of the Tasmanian to the anthropoids and primitive man on the one hand, and to the Australian aboriginal on the other hand. Schwalbe's study of Pithecanthropus erectus (2) may serve as a basis for the former purpose, and Klaatsch's recent work (3) for the latter, though it must be remembered that innumerable authors have contributed to both subjects.” The present work is the fulfilment of the first part of this undertaking, namely, the determination of the relationship of the Tasmanian to the anthropoids and primitive man.


Author(s):  
Knut Gerlach ◽  
Olaf Hübler

SummaryFirms are affected by the product demand. This leads to employment adjustments. In the literature we find only very few contributions investigating the issue whether internal adjustments are linked and which relationships exist with external adjustments. Are they of a complementary or substitutive nature? Furthermore, it is of interest to find out, whether we can observe an obvious trend and whether the adjustments are driven by cyclical movements.For this study we have an extensive data set of a large German manufacturing company, which supplies innovative products for the domestic and international market, provided on amonthly base from January 1999 to December 2005. The empirical analysis starts with descriptive statistics. We find that the employment adjustment cycle coincides only to a certain degree with the macroeconomic cycle. Internal and external adjustments are more characterized by complementarity than by substitution. Over the observed period we cannot detect analogous wage adjustments. It is noticeable that in 2003 compared with the years before the number of employees is substantially reduced. The econometric investigation is based on a two-stage approach. We start with a bivariate probit estimation in order to extract the relationship between the probability of overtime and of promotion. Unobserved variables have opposite effects on the former and the latter adjustment instrument. Furthermore, we detect a negative trend of internal employment adjustments. Cyclical effects are ambiguous. The next step, the determination of external adjustments with respect to overtime and promotion adjustments, is split into two estimates. On the one hand we do not distinguish between the type of external employment adjustment and on the other hand we use this information separating between quits, layoffs, workers with a cancellation agreement and with a transition into a transfer organisation. The first approach demonstrates that a promotion reduces the probability to leave the firm while overtime is positively associated with an external job change. This pattern holds generally speaking in the second, more detailed estimates. Quits are the exception. In this case we observe opposite effects. Finally, we cannot detect any influences of promotions on cancellation agreements.


1964 ◽  
Vol 6 (1) ◽  
pp. 119-123 ◽  
Author(s):  
R. L. Van Spaendonck ◽  
F. X. Vanschoubroek

SUMMARYIn determining the milk yield of the sow by weighing the litter before and after suckling, loss of weight due to metabolic processes must be considered.An experiment is described to investigate the loss of weight of piglets caused by metabolic processes between two consecutive weighings, and to investigate the relationship between this loss on the one hand and the body weight and the age of the piglets on the other. Weight changes of 15 litters of average 9·8 piglets were studied during 66 weighing periods of 16 minutes, by putting the pigs in a cage, fixed on a differential balance. Each weighing period consisted of 8 periods of 2 minutes, so that in all, loss of weight was studied during 528 2-minute periods.


2017 ◽  
Vol 26 (2) ◽  
pp. 27 ◽  
Author(s):  
Félix L. Avilés ◽  
Elmer Monteblanco ◽  
Abel Gutarra

ABSTRACTThis paper describes the implementation and a detailed optimization of a Vibrating Sample Magnetometer (VSM) for an undergraduate physics course laboratory. The VSM operation parameters were extensively discussed using Foner and Mallison coils configuration. The influence of the involved parameters (e.g. oscillation frequency, oscillation amplitude, rate change of the external magnetic field, coils configuration, etc.) on the induced voltage in the pick-up coils were discussed. A disk of nickel of 6-mm diameter was used for the calibration of the magnetometer, comparing the hysteresis loop measured with our magnetometer with the one obtained using a commercial VSM. Magnetization curves of two different samples were obtained in order to test the sensitivity of the magnetometer. The vibrating sample magnetometer implemented in the present work is able to detect changes in the total magnetic moment down to 10-3 emu. The detailed optimization of the VSM described in the present work is an example of how to solve a real problem in condensed matter, related to the determination of the magnetization value of a magnetic sample. Keywords.- : Vibrating sample magnetometer, Magnetometry, Instrumentation. RESUMEN Este artículo describe la implementación y una optimización detallada de un magnetómetro de muestra vibrante (VSM) para un laboratorio de licenciatura en física. Los parámetros de operación de VSM se discutieron ampliamente usando la configuración de bobinas de Foner y Mallison. Se discutió la influencia de los parámetros implicados (por ejemplo, frecuencia de oscilación, amplitud de oscilación, cambio de velocidad del campo magnético externo, configuración de bobinas, etc.) sobre la tensión inducida en las bobinas de captación. Se utilizó un disco de níquel de 6 mm de diámetro para la calibración del magnetómetro, comparando el bucle de histéresis medido con nuestro magnetómetro con el obtenido utilizando un VSM comercial. Se obtuvieron curvas de magnetización de dos muestras diferentes para probar la sensibilidad del magnetómetro. El magnetómetro de muestra vibrante implementado en el presente trabajo es capaz de detectar cambios en el momento magnético total hasta 10-3 emu. La optimización detallada del VSM descrita en el presente trabajo es un ejemplo de cómo resolver un problema real en materia condensada, relacionado con la determinación del valor de magnetización de una muestra magnética. Palabras clave.-Magnetómetro de muestra vibrante, Magnetometría, Instrumentación,


The normal fatty acids may unquestionably be regarded as one of the most interesting and important groups of chemical compounds. Many of them occur commonly in nature, and form the basis of valuable industrial products. The part which they and their derivatives play in life processes gives them a particular interest to the biologist. As compounds, which appear to be readily obtainable pure, and which form regular series including a comparatively large number of individuals, they furnish the chemist and physicist with material peculiarly adapted for the study of the relationship between constitution and properties. For these reasons they have been the subject of an almost endless number of investigations, in which the preparation and properties both of individual members or groups of individuals have been studied. At this stage, it might well have been assumed that every member of the series had long since been obtained pure, and its properties determined with so high a degree of accuracy, that only the exacting requirements of some new investigation would have demanded further study of the subject. Reference to the literature of the subject, however, showed that the real position was by no means satisfactory. While, on the one hand, the results of the determination of such a property as the melting point of certain members of the series, for instance, arachidic acid, obtained from various natural sources by chemists of established reputation, gave a constant value, and while the criteria of purity of the various samples were quite satisfactory, the material was certainly not identical with samples of the corresponding acid prepared synthetically. The difference was in some cases such as to justify the assumption that the natural and synthetic acids were differently constituted, but no theory could be found to account for the observed differences.


2021 ◽  
Vol 13 (16) ◽  
pp. 8806
Author(s):  
Vladimir Pavković ◽  
Darjan Karabašević ◽  
Jelena Jević ◽  
Goran Jević

As the social phenomenon that takes into account cultural venues and facilities and cultural participation and attractiveness, the cultural strength of a city is a significant dimension of each city relevant for its inhabitants, as well as its visitors. The results of a research study on the nature of the relationship between cultural strength, on the one hand, and reputation and tourism intensity, on the other, are presented in this paper on a sample of the 20 European cities with the best reputation index according to the report entitled “The World’s Most Reputable Cities” (2018 City RepTrak®). The primary goal of the study is to determine the relationship between the cultural strength and reputation of these cities. The secondary goals are focused on determining the relationship between cultural venues and facilities as a segment of cultural strength and tourism intensity. The methodology used in the study comprises: the definition and analysis of the city reputation concept, as well as the determination of the differences in comparison with the reputation of an urban tourism destination, the identification of the constituents of the cultural strength of the cities and their role in tourist attractions, and finally, the investigation of the nature of the relationship between cultural strength, on the one hand, and tourism intensity, on the other. In order to conduct the analysis of these relationships and their interdependence, correlation and regression analyses are used. One of the conclusions of the paper is that cultural venues and facilities are not connected with the reputation of cities, whereas the correlation regarding cultural participation and attractiveness is confirmed. The results of the study also show the most important “cultural venues and facilities” indicator in relation to tourism intensity. In terms of this and based on the obtained research results of the study, the role that cultural strength plays in positioning cities in stakeholders’ perception through the strategic process of the creation and management of cities’ reputation, as well as the tourism attractiveness of cities and a consequent increase in the number of tourists as important stakeholders and ensuring their satisfaction, are presented in the paper.


Author(s):  
Christopher Mole

Attention is a contentious topic, partly because the nature of attention itself is disputed, and partly because there are open questions about attention’s explanatory relations to several other philosophically puzzling phenomena. One of the phenomena to which attention seems somehow to be related is consciousness. Commonsense psychology suggests that if you pay attention to one sequence of events while ignoring another then you should expect the one sequence, but not the other, to figure prominently in your conscious experience. It therefore seems that there must be some connection between attention and consciousness. But there is controversy about how close this connection is, and controversy about whether the connection is essential, or is a contingent consequence of the way in which our brains happen to work. Some theorists, especially in the field of psychology, think that the connection between attention and consciousness is very close indeed, so that the two phenomena are really the same thing, or are the result of the same processes. Some think that attention is at least necessary for consciousness, so that only the things to which we pay attention can figure in our consciousness. Others think that consciousness is necessary for attention, so that paying attention to something requires one to be conscious of it. Yet others think that attention and consciousness exert an influence on one another, but that there are no necessary connections between them. Related to this controversy about the connection between attention and consciousness is an older controversy, concerning the connection between attention and free will. Writers such as William James suggest that the direction of attention is what produces the experience of freely willed agency. This suggestion has some intuitive force, since the clearest cases of freely willed action, and of deliberate, rationally-executed thought, are cases in which the one who acts is paying attention. The responses that we make when not paying attention are, in contrast, experienced as rather automatic. It might therefore be that an understanding of attention can help us to understand free will and the exercise of rationality, but it is unclear whether elucidating the relation of attention to free will would gives us any sort of explanation of free will. As before, it is unclear whether the relationship between these two phenomena is a necessary one. Two further philosophical puzzles to which attention has been thought to be related are about how words get their meanings and about how we can come to have warranted beliefs about the minds of others. In connection with the puzzle about word meanings, some philosophers have claimed that attention figures in the explanation of reference, and that it has a particularly central role in determining what is being referred to when we use demonstrative expressions like ‘this’ and ‘that’ and ‘there’. Others (notably Wittgenstein) deny that the attending/referring relation provides us with a route by which reference can be explained. In connection with the puzzle about the minds of others, there is an established view among developmental psychologists that an infant’s ability to respond to its mother’s attention provides the first step towards the development of an understanding of what the mother is thinking. Some philosophers have adopted this idea as possibly providing an explanation of how the mental states of others can be known. In each of these cases attention seems to be somehow related to a puzzling and philosophically important phenomenon, but in each case the nature and import of the relationship is unclear. It is particularly unclear to what extent articulating the role of attention in these phenomena can provide us with a philosophically satisfying explanation of them.


2017 ◽  
Vol 8 (1) ◽  
pp. 112-144
Author(s):  
Tzvi Novick

Rabbinic halakhah encompasses numerous areas wherein determination of the facts pertinent to the law appears to demand something like professional expertise. Cases of this sort introduce a dialectical dynamic of interest to the sociology of law. On the one hand, such cases can be construed as rabbinic assertions of authority over the relevant professional field. On the other hand, rabbis undermine their authority insofar as they expose themselves to dependence upon non-rabbinic experts, unless they can either produce experts from within their own ranks, or so frame the relevant laws as to somehow render complex determination of fact less necessary. In this article, I take up the relationship between rabbis and butchers, or between rabbinic law and the production and sale of meat. The most significant intersections, real and conceptual, between rabbis and butchers in the classical rabbinic corpus occur around the law of the “torn” animal, the terefah. The article therefore focuses on it, but not to the exclusion of other relevant bodies of law. In part one, I attempt to explain the origins of the innovations in tannaitic terefah law that distinguish it from its biblical and Second Temple predecessors. I suggest that these innovations represent, at least in part, analogical extensions of the law of blemishes. One consequence of the elaboration of terefah law and related bodies of law is rabbinic dependence on a range of professional experts, first and foremost butchers, for determination of relevant facts, and even for clarification of obscure legal terms. Such dependence, and related features of terefah law that arise from the complexity of its factual basis, are the subject of part two. Dependence is one movement in the dynamic described above. The opposite movement is control, in this case over meat production. Whether or not a desire to extend rabbinic control motivated the expansion of terefah law – this question is impossible to answer – we do frequently find rabbis and butchers coming into conflict over terefah law and related areas of law. I offer some brief reflections on such conflicts in part three. An appendix takes up the case of the hunter and the fowler, who are to the domain of undomesticated animals what the butcher is to that of domestic animals.


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