Questions Q 55-1 Under what circumstances does Art. 55 CISG apply? Q 55-2 a) Divide the corresponding provisions from the other legal systems into two groups, a rather liberal group which allows for a contract where the contract price has not been determined, and a group representing a rather narrow interpretation. b) Where, on a scale from very strict to flexible provisions, would you place Art. 55 CISG? Q 55-3 a) Sometimes, courts or tribunals try to determine a missing price with a view to ‘saving’ the contract or rendering it effective. Under which circumstances will there definitely be no contract under the CISG, notwithstanding the possibility provided by Art. 55? b) In which of the provisions from other legal systems stated above is this legal position made particularly clear? Q 55-4 a) How is the missing contract price to be determined under Art. 55 CISG? b) To what do the other legal provisions refer? c) On the determination of the sales price, read, in particular, Art. 57 ULIS. What changes have been made in Art. 55 CISG? Is there another domestic sales law provision providing for a similar solution to Art. 57 ULIS? Is there still a difference between Art. 57 ULIS and that other domestic rule? d) Do you regard Art. 55 CISG as giving quite clear instructions on how to establish the missing purchase price? Cf. with Art. 5.7 UP 2004, Art. 6:104 PECL. Q 55-5 What happens if there is no contract price ascertainable?

2007 ◽  
pp. 461-465

Questions Q 57-1 How does the CISG determine the place where payment of the purchase price is to be made? Q 57-2 a) To what extent is Art. 57 CISG a subsidiary rule? Cf. also the corre-sponding provisions from the other legal systems. b) According to the INCOTERM ‘EXW’ (Ex Works (. . . named place)), the seller delivers when it places the goods at the disposal of the buyer at the seller’s premises or another named place (i.e. works, factory, ware-house, etc.). What does that mean in relation to where the buyer has to pay the purchase price? Q 57-3 a) How must we distinguish Art. 57(1)(a) from Art. 57(1)(b) CISG? b) Why is Art. 57(1)(b) CISG of higher practical importance than Art. 57(1)(a)? Q 57-4 What kind of documents are addressed in Art. 57(1)(b) CISG? (Cf. also C 58–1). Q 57-5 a) Does the CISG address the issue of where monetary obligations other than the purchase price are to be paid? b) Which possible solutions are there to this question? c) Compare Art. 57(1) CISG with the corresponding provisions of the UP 2004, PECL, OR, and ABGB. To what extent are they broader than Art. 57(1) CISG? d) The way that the provisions mentioned in c) deal with the place of performance of monetary obligations is plain and simple. How can we make sure that the question is solved in the same way under the CISG? Q 57-6 Compare Art. 57(1) CISG with the other legal provisions. a) Is it commonly acknowledged that the purchase price is paid at the seller’s place of business? b) In particular, are there differences between Art. 57(1) CISG, on the one hand, and the UCC and the French CC, on the other • with regard to the structure of the corresponding provisions? • in substance? Q 57-7 If the seller’s place of business changes after the conclusion of the contract, where is payment to be made

2007 ◽  
pp. 472-472

2019 ◽  
Vol 11 (1) ◽  
pp. 545 ◽  
Author(s):  
Francesca Tassinari

Resumen: La Ley italiana núm. 47 de 2017, sobre disposiciones en materia de medidas de protección de menores extranjeros no acompañados, constituye el primer texto normativo que contempla de manera unificada la tutela de menas en la UE. Por un lado, esta ley establece un procedimiento multidisciplinar de identificación del menor y de determinación de la minoría de edad (art. 5). Por otro, destaca la figura del «tutor voluntario», institución protectora de los MENAs que llegan al territorio italiano (art. 11). Sin embar­go, la falta de coordinación entre los estados miembros amenaza la eficacia práctica de estas previsiones normativas, cuya fuerza vinculante se queda ceñida al territorio italiano. Se plantea, entonces, la necesidad de armonizar las diferentes prácticas estatales a través de una intervención legislativa europea.Palabras clave: MENAs, identificación, tutor voluntario, Italia, Unión Europea.Abstract: The Italian Law n. 47 of 2017 on dispositions upon protection measures of foreign unaccompanied minors, represents the first normative text, which contemplates, in a uniform way, the protection of unaccompanied minors in the EU. On one side, it establishes a multidisciplinary procee­ding for the identification of the minor and for the determination of his/her minor age (art. 5). On the other, it stand out the legal figure of a «volunteer guardian», institution that protect unaccompanied minors who arrive at the Italian territory (art. 11). However, the lack of coordination among Member States threats the practice efficacy of those legal provisions, which coercive force is confined through the Italian territory. We discuss upon the need of harmonizing the different states’ practices through a legislative intervention of the EU.Keywords: Unaccompanied foreign minors, identification, volunteer guardian, harmonisation, Italy, European Union.


2006 ◽  
Vol 31 (3) ◽  
pp. 331-359 ◽  
Author(s):  
Imola Kocsis ◽  
Marcin Olechowski

AbstractThis paper analyzes the institution of suretyship in the German and Polish legal systems. It highlights both differences and similarities of the main characteristics, such as conditions to validity, scope of liability, defences available to the surety and the recourse by the surety in case of payment. The analysis is based not only on the relevant legal provisions, jurisprudence and doctrine, but also on their application in the business practice of the two countries.The comparative overview of the suretyship permits the conclusion that both legal systems regulate the principal features of this institution rather similarly. However, there are also a number of significant differences. Notably, German jurisprudence and doctrine appear to adopt a more flexible approach to this institution than the prevailing position in Polish law. On the other hand, the liability of the surety is more rigorously shaped under Polish law. Whereas German law and practice seem in many respects to be more protective of the surety than Polish law and jurisprudence, the latter provides the surety with far less possibilities to be released from the assumed liability.


Author(s):  
D.R. Rasmussen ◽  
N.-H. Cho ◽  
C.B. Carter

Domains in GaAs can exist which are related to one another by the inversion symmetry, i.e., the sites of gallium and arsenic in one domain are interchanged in the other domain. The boundary between these two different domains is known as an antiphase boundary [1], In the terminology used to describe grain boundaries, the grains on either side of this boundary can be regarded as being Σ=1-related. For the {110} interface plane, in particular, there are equal numbers of GaGa and As-As anti-site bonds across the interface. The equilibrium distance between two atoms of the same kind crossing the boundary is expected to be different from the length of normal GaAs bonds in the bulk. Therefore, the relative position of each grain on either side of an APB may be translated such that the boundary can have a lower energy situation. This translation does not affect the perfect Σ=1 coincidence site relationship. Such a lattice translation is expected for all high-angle grain boundaries as a way of relaxation of the boundary structure.


Author(s):  
Y. Ishida ◽  
H. Ishida ◽  
K. Kohra ◽  
H. Ichinose

IntroductionA simple and accurate technique to determine the Burgers vector of a dislocation has become feasible with the advent of HVEM. The conventional image vanishing technique(1) using Bragg conditions with the diffraction vector perpendicular to the Burgers vector suffers from various drawbacks; The dislocation image appears even when the g.b = 0 criterion is satisfied, if the edge component of the dislocation is large. On the other hand, the image disappears for certain high order diffractions even when g.b ≠ 0. Furthermore, the determination of the magnitude of the Burgers vector is not easy with the criterion. Recent image simulation technique is free from the ambiguities but require too many parameters for the computation. The weak-beam “fringe counting” technique investigated in the present study is immune from the problems. Even the magnitude of the Burgers vector is determined from the number of the terminating thickness fringes at the exit of the dislocation in wedge shaped foil surfaces.


1962 ◽  
Vol 08 (03) ◽  
pp. 434-441 ◽  
Author(s):  
Edmond R Cole ◽  
Ewa Marciniak ◽  
Walter H Seegers

SummaryTwo quantitative procedures for autoprothrombin C are described. In one of these purified prothrombin is used as a substrate, and the activity of autoprothrombin C can be measured even if thrombin is in the preparation. In this procedure a reaction mixture is used wherein the thrombin titer which develops in 20 minutes is proportional to the autoprothrombin C in the reaction mixture. A unit is defined as the amount which will generate 70 units of thrombin in the standardized reaction mixture. In the other method thrombin interferes with the result, because a standard bovine plasma sample is recalcified and the clotting time is noted. Autoprothrombin C shortens the clotting time, and the extent of this is a quantitative measure of autoprothrombin C activity.


1983 ◽  
Vol 50 (02) ◽  
pp. 563-566 ◽  
Author(s):  
P Hellstern ◽  
K Schilz ◽  
G von Blohn ◽  
E Wenzel

SummaryAn assay for rapid factor XIII activity measurement has been developed based on the determination of the ammonium released during fibrin stabilization. Factor XIII was activated by thrombin and calcium. Ammonium was measured by an ammonium-sensitive electrode. It was demonstrated that the assay procedure yields accurate and precise results and that factor XIII-catalyzed fibrin stabilization can be measured kinetically. The amount of ammonium released during the first 90 min of fibrin stabilization was found to be 7.8 ± 0.5 moles per mole fibrinogen, which is in agreement with the findings of other authors. In 15 normal subjects and in 15 patients suffering from diseases with suspected factor XIII deficiency there was a satisfactory correlation between the results obtained by the “ammonium-release-method”, Bohn’s method, and the immunological assay (r1 = 0.65; r2= 0.70; p<0.01). In 3 of 5 patients with paraproteinemias the values of factor XIII activity determined by the ammonium-release method were markedly lower than those estimated by the other methods. It could be shown that inhibitor mechanisms were responsible for these discrepancies.


2020 ◽  
Vol 4 (2) ◽  
Author(s):  
Aditya Subur Purwana ◽  
Wahyu Hidayat ◽  
Mursal Maulana

Submission of Certificate of Origin (e-Form D) is conducted through a three-layer system named ASW Gateway, LNSW, and CEISA has raised issues related to the period/time of receipt of e-Form D given by customs authorities for the purposes of charging preferential tariffs in the ATIGA scheme. This article aims to analyze the legal certainty in submitting e-Form D to the customs authorities in the importing country, in this case, the Directorate General of Customs and Excise for the purpose of charging preferential tariffs, so that it can be in line with the presentation principle based on the ATIGA OCP and Indonesian domestic legal provisions. The research method used is a normative juridical approach with descriptive analysis and normative qualitative to draw conclusions. Based on the research, it was concluded that with regard to the submission of e-Form D, Customs and Excise Officials must have confidence based on factual evidence to determine whether the principle of submission of e-Form D has been accomplished or refused when an interruption in the ASW Gateway, LNSW or CEISA happened so the Customs Officer and Excise can determine tariffs based on OCP as well as domestic law in force in Indonesia.Keywords: ATIGA, Customs Authority, Directorate General of Customs and Excise, e-Form D, Tariffs Preference.ABSTRAK: Penyerahan SKA e-Form D dilakukan melalui tiga layer system yakni ASW Gateway, LNSW, dan CEISA memunculkan permasalahan terkait dengan jangka waktu/saat diterimanya e-Form D oleh otoritas kepabeanan untuk kepentingan pengenaan tarif preferensi dalam skema ATIGA. Penelitian bertujuan menganalisis kepastian hukum dalam penyerahan e-Form D ke otoritas kepabeanan di negara importir, dalam hal ini Direktorat Jenderal Bea dan Cukai untuk kepentingan pengenaan tarif preferensi, sehingga dapat sejalan dengan prinsip presentasi berdasarkan OCP ATIGA dan ketentuan hukum domestik Indonesia. Metode penelitian dilakukan dengan pendekatan yuridis normatif secara deskriptif analisis dan penarikan kesimpulan secara normatif kualitatif. Berdasarkan penelitian, disimpulkan bahwa berkenaan dengan penyerahan e-Form D, Pejabat Bea dan Cukai harus memiliki keyakinan berdasarkan bukti faktual untuk menentukan apakah prinsip penyerahan e-Form D sudah dipenuhi/tidak ketika terjadi gangguan pada ASW Gateway, LNSW atau CEISA sehingga Pejabat Bea dan Cukai dapat menentukan tarif berdasarkan OCP maupun hukum domestik yang berlaku di Indonesia. Kata Kunci: ATIGA, Direktorat Jenderal Bea dan Cukai, e-Form D, Otoritas Kepabeanan, Tarif Preferensi. 


Genetics ◽  
2001 ◽  
Vol 157 (3) ◽  
pp. 1387-1395 ◽  
Author(s):  
Sudhir Kumar ◽  
Sudhindra R Gadagkar ◽  
Alan Filipski ◽  
Xun Gu

AbstractGenomic divergence between species can be quantified in terms of the number of chromosomal rearrangements that have occurred in the respective genomes following their divergence from a common ancestor. These rearrangements disrupt the structural similarity between genomes, with each rearrangement producing additional, albeit shorter, conserved segments. Here we propose a simple statistical approach on the basis of the distribution of the number of markers in contiguous sets of autosomal markers (CSAMs) to estimate the number of conserved segments. CSAM identification requires information on the relative locations of orthologous markers in one genome and only the chromosome number on which each marker resides in the other genome. We propose a simple mathematical model that can account for the effect of the nonuniformity of the breakpoints and markers on the observed distribution of the number of markers in different conserved segments. Computer simulations show that the number of CSAMs increases linearly with the number of chromosomal rearrangements under a variety of conditions. Using the CSAM approach, the estimate of the number of conserved segments between human and mouse genomes is 529 ± 84, with a mean conserved segment length of 2.8 cM. This length is &lt;40% of that currently accepted for human and mouse genomes. This means that the mouse and human genomes have diverged at a rate of ∼1.15 rearrangements per million years. By contrast, mouse and rat are diverging at a rate of only ∼0.74 rearrangements per million years.


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