• buyer has not made payment until today. • buyer has made payment within the additional period granted and notified the seller thereof. • buyer pays on the 12th, 11 a.m. In the early morning of 12 July, seller has declared the contract avoided. • buyer makes payment on the 11th and notifies seller thereof; the money is transferred on the 12th, but prior to transfer the seller has declared avoidance. • same situation as before, but buyer does not notify the seller of its having made payment. b) Buyer has neither paid timely nor has taken over the goods within an additional period of time. Shortly after, • buyer pays, takes over the goods and notifies the seller thereof. • buyer pays but does not take over the goods. • buyer pays and takes over the goods, but is still in breach of another obligation which would allow it to avoid the contract (Art. 64(1)(a)). Q 64-8 Since, generally, where the requirements of Art. 64(1)(a) and (b) are met, the seller can freely choose whether it avoids the contract or claims specific performance of the contract (Art. 61), there might be a risk that it speculates to the detriment of the buyer by avoiding the contract at a date particularly favourable to it. For example, it could avoid the contract when the market price is remarkably high and claim damages under Art. 76(1) CISG. Is there a general principle under the CISG which obliges a party to keep the damage of the other party to a minimum?

2007 ◽  
pp. 504-505
Keyword(s):  
General Principle ◽  
Market Price ◽  
Early Morning ◽  
The Other ◽  
Specific Performance ◽  
Q 64

scholarly journals The Level of Specific Endurance and Technical and Tactical Efficiency of Young Football Players of Different Level of Competition / Nivo specifične izdržljivosti i tehničko-taktičke efikasnosti mladih fudbalera različitog stepena takmičenja

2016 ◽  
Vol 10 (2) ◽  
Author(s):  
Toplica Stojanović ◽  
Slobodan Goranović ◽  
Aleksandar Šakanović ◽  
Darko Stojanović
Keyword(s):  
The Other ◽  
Measuring Instruments ◽  
Football Players ◽  
Five Factors ◽  
Straight Line ◽  
Specific Performance ◽  
The Difference

In order to determine at which level is the specific performance and technical and tactical efficiency of young players of different level of competition, and whether the level of competition can be an indicator of level differences of these abilities, a research was conducted on the sample of young football players aged 14 to 16 from the eight clubs, half of them competing in the higher and the other half in the lower level of competition. A sample of measuring instruments consisted of 13 tests for evaluation of five factors of specific endurance: starting endurance, stamina in maintaining the shallow formation, endurance during fast dribbling, ball pressing endurance, and evaluation of technical and tactical efficiency of football players. The results of the research showed that the young players of higher level of competition had significantly greater technical and tactical efficiency, as well as specific performance in tests which included curvilinear movement and dribbling, as well as control and passing the ball in motion, but the difference is not recorded with straight-line movements and sprints.

Q8-2a) How are Art. 8(1) and (2) CISG to be distinguished from each other? b) Do the UP 2004 and the PECL make the same differentiation? Cf. Arts 4.1, 4.2 UP 2004, Art. 5:101 PECL. Q8-3a) What is the interaction between Art. 8(2) and (3) CISG? b) Do you find a similar mechanism in the UP 2004 and the PECL? c) Which respective provisions in the UP 2004 and the PECL correspond to Art. 8(3) CISG? Q8-4a) Match the interpretation rules of the UP 2004 to the corresponding provisions of the PECL. b) Does either of these two sets of rules have a greater scope than the other? c) Which general principle do Art. 4.5 UP 2004, Art. 5:106 PECL reflect? d) Which questions left open by Art. 8 CISG are explicitly addressed by the UP 2004 and the PECL? Q8-5 Which facts did the Bezirksgericht St. Gallen (C 8–1) rely on in holding that the buyer had shown that it considered itself bound? Q8-6 Whether it makes a difference that the standard terms are written in a language different to the one in which the rest of the contract is held is open to debate. Discuss this, taking into consideration Art. 4.7 UP 2004, Art. 5:107 PECL. Q8-7a) Why are the provisions governing the conclusion of the contract (arts 14 et seq. CISG) apparently inadequate to conclusively deal with the inclusion of standard terms? b) What differences do you see between the UP 2004 and the PECL, on the one hand, and the CISG, on the other hand, regarding the interpretation of standard terms? Applicability of other rules of interpretation and evidence?

2007 ◽  
pp. 123-123
Keyword(s):  
General Principle ◽  
The Other ◽  
Other Hand ◽  
The One ◽  
Standard Terms

After the Wall: Pride before the Fall, 1961–89

2002 ◽  
Author(s):  
John G. Rodden
Keyword(s):  
Early Morning ◽  
The Other ◽  
Sunday Morning ◽  
The West ◽  
East Berlin ◽  
West Berlin ◽  
Service Jobs ◽  
Subway Stations ◽  
Identity Cards ◽  
The City

East Berlin. August 13, 1961. As the sun peeks over the horizon on this beautiful Sunday morning, most East Berliners sleep on, but some rise for work; a few thousand of them are Grenzgänger, who cross town—quite legally—to work in the “other” Berlin, mostly as hotel and restaurant employees and in other service jobs made lucrative by the uneven exchange rate. Each day they make the trip to West Berlin—by foot, by bicycle, by S-Bahn and U-Bahn, showing their DDR identity cards and special work permits to the bored Grepos (Grenzpolizei, border police) stationed at the gates. But this morning the Grepos are not bored; today, as the would-be commuters discover as they reach streets and subway stations along the East Berlin border, no Grenzgänger will cross. “Die Grenze ist geschlossen!” people scream to each other in the early-morning stillness. “The border is closed!” No subway cars are running westward; Grepos guard the U-Bahn tunnels to prevent subway commuters from fleeing to the West on foot; Vopos turn back Grenzgänger at every checkpoint. The SED has apparently found a way to secure its future and halt the flight of DDR and skilled labor—by walling them in. WHO HAS THE YOUTH, HAS THE FUTURE! As the Grenzgänger stumble home and the DDR capital—“die Hauptstadt der DDR”—awakens to the nightmare, it is as if a tremendous howl—the anguished wail of cornered, trapped, desperate animals—has gone up throughout East Berlin— as it soon will over the DDR. For almost a decade, East Germany’s 600-mile border has been sealed by barbed wire and 12-foot electrified fencing; just inside the fence is a strip of land about 50 yards wide that is cleared of brush, dotted with mines, and covered by machine guns in high watchtowers. And so, most aspiring refugees make their way to East Berlin, where many of the streets and subway stations along the city border are guarded casually, if at all.

4. Constitution

2020 ◽  
pp. 43-60
Author(s):  
Iain McDonald ◽  
Anne Street
Keyword(s):  
General Principle ◽  
The Other ◽  
Essential Information ◽  
Legal Rules ◽  
Different Types

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. When a person transfers legal title to another, the legal title is said to vest in the other person. This chapter considers the rules for the transfer of title (ownership) in property in relation to different types of property. The general principle is that unless the property has been transferred by the correct legal rules then the transfer fails; it is said to be imperfect. The chapter begins by briefly considering the legal rules in relation to validly transferring property to another person. It then deals with equitable rules which have developed to overcome the strict application of the legal rules of vesting.

Specific Performance: A Comparative Analysis (2)

2003 ◽  
Vol 7 (2) ◽  
pp. 194-217
Author(s):  
Shael Herman
Keyword(s):  
United States ◽  
Comparative Analysis ◽  
United Nations ◽  
Final Section ◽  
The Other ◽  
Other Hand ◽  
Specific Performance ◽  
The Usa ◽  
United Nations Convention ◽  
Anglo American

The first part of this article appeared in the first issue of this volume of the Edinburgh Law Review. The article explores the regulation of specific performance of sales by reference to Spain and the USA and speculates on the interaction of these municipal laws with the United Nations Convention on Contracts for the International Sale of Goods (CISG). The first part compared Spanish and United States approaches to specific performance. In this second part the CISG's approach to specific performance is examined with the goal of inquiring, on one hand, whether the drafters have successfully accounted for both Anglo-American and Romano-Germanic preferences, or, on the other hand, whether the CISG's synthesis of the preferences is faulty and manifests incompatible goals that may be difficult to harmonise. Recent US decisions on specific performance under the CISG are discussed as well as some of the assumptions underlying the reasoning processes of US courts in commercial cases. The final section speculates on reasons for the intensity of the rivalry between proponents of specific performance as a primary remedy and those favouring damages as a primary remedy.

On the biting activities of some anthropophilic Amazonian Simuliidae (Diptera)

1980 ◽  
Vol 70 (3) ◽  
pp. 495-509 ◽  
Author(s):  
L. A. Lacey ◽  
J. D. Charlwood
Keyword(s):  
Early Morning ◽  
The Other ◽  
Physiological Age ◽  
Optimal Range ◽  
Mato Grosso ◽  
Late Afternoon ◽  
Circadian Control ◽  
Exogenous Factors ◽  
Dry Seasons ◽  
Wet And Dry Seasons

AbstractQuantitative observations on the biting activities of Simulium simplicicolor Lutz and S. sanguineum Knab s.1. at Aripuanã, Mato Grosso, Brazil, and S. guianense Wise and S. sanguineum s.1. at Uru´, Par´, were made during the wet and dry seasons between June 1978 and August 1979. The species demonstrated characteristic attacking patterns regardless of abundance or environmental conditions. S. simplicicolor, S. guianense and S. sanguineum s.1. at Uruá demonstrated bimodal biting patterns with early morning and late afternoon peaks. S. sanguineum s.1. at Aripuanã, however, bit throughout the day with three peaks of activity. Evidence is presented for circadian control of the biting patterns which are subject to modification by exogenous factors outside of an optimal range. S. simplicicolor seemed to be most affected by light intensity, whereas the other species were affected by variable combinations of light, temperature and humidity depending on the species and population. Physiological age sometimes also modified biting activity in S. simplicicolor. This variable was not studied in the other species. S. simplicicolor and S. guianense preferred biting man on the legs and S. sanguineum s.1. at Uruá preferred the upper torso, but S. sanguineum s.1. at. Aripuanã did not demonstrate a consistent preference for sites above or below the waist. Average engorgement times for all of the populations except the Uruá population of S. sanguineum s.1. were between 4·3 and 5·3 min.

Reuse of carbon black from end-of-life tires in new pneumatic formulations and life-cycle assessment of the thermolysis process

2019 ◽  
Vol 51 (7-8) ◽  
pp. 740-754
Author(s):  
AD La Rosa ◽  
E Pergolizzi ◽  
D Maragna ◽  
G Recca ◽  
G Cicala
Keyword(s):  
Life Cycle Assessment ◽  
Life Cycle ◽  
Carbon Black ◽  
End Of Life ◽  
Market Price ◽  
Environmental Benefits ◽  
The Other ◽  
Assessment Methodology ◽  
Life Cycle Assessment Methodology ◽  
Main Attraction

Carbon black derived from end-of-life tires (ELTs) through thermolysis process was studied. The main attraction of this material is the low market price (€450 ton−1) compared with virgin carbon black (about €700 ton−1). Investigation was focused on the vulcanization reaction of rubber with the addition of both types of carbon black, that is, carbon black recycled (CBr) from the thermolysis of ELTs and carbon black virgin (CBv) from traditional oil process. The aim of the research was to verify that CBr has similar reactivity than CBv when blended with rubber and vulcanized. Furthermore, environmental benefits of recovering CBr and the other coproducts were evaluated by means of the life-cycle assessment methodology.

scholarly journals Photosynthetic performance of rock-colonising lichens in the Mountain Zebra National Park, South Africa

Koedoe ◽  
1993 ◽  
Vol 36 (1) ◽  
Author(s):  
Dirk Wessels ◽  
Ludger Kappen
Keyword(s):  
South Africa ◽  
Volcanic Rock ◽  
National Park ◽  
Ambient Air ◽  
Early Morning ◽  
Photosynthetic Performance ◽  
The Other ◽  
Air Temperatures ◽  
Desert Regions

The photosynthetic behaviour of endolithic andepilithic lichens characteristic of sedimentary and volcanic rock was investigated in situ in the Mountain Zebra National Park, South Africa. The park forms part of an inland semi-desert known as the Karoo, in the Cape Province. Temperatures within Balfour sandstone were monitored, the results showing that during the early morning, temperatures within the sandstone were nearly 5@C lower than ambient air temperatures. This may enhance the frequency of water condensing on the sandstone, which may be particularly important for the endoliths Leciclea aff. sarcogynoides and Sarcogyne cf. austroafricana. Maximum photosynthetic rates of the investigated species were found at temperatures between 20@C and 30@C, far higher than the recorded optimum temperatures for lichens from temperate and desert regions. Parmelia chlorea was the most productive species. Compared to the other epiliths, Peltula capensis was found to be a moderately productive species. The photosynthetic gain of Leciclea aff. sarcogynoides and Sarcogyne cf. austro-africana was low, but the photosynthetic gain of these two species still exceeded that of Acarospora sp.

Abwesenheitsverfahren vor völkerstrafrechtlichen Tribunalen

2020 ◽  
Author(s):  
Martin Simon Eibach
Keyword(s):  
Human Rights ◽  
General Principle ◽  
International Criminal ◽  
Empirical Approach ◽  
The Other ◽  
Member States ◽  
International Criminal Tribunals ◽  
Other Hand ◽  
The World

How should international criminal tribunals react if member states refuse to cooperate and if, therefore, those wanted by international arrest warrants remain in their exalted position in the eyes of the world? The majority of tribunals accept this situation and prefer to concentrate their resources on other proceedings. Some tribunals, on the other hand, choose a different path and allow proceedings in absentia. Based on a legal comparison of different national jurisdictions, this work uses an empirical approach to examine the extent to which international criminal tribunals have conducted such proceedings in the absence of the accused. On this basis, the work scrutinises the legality of such proceedings in accordance with human rights. Subsequently, criminal theories are used to determine the reason and the limitations of the general principle that the accused is supposed to be in court during his or her trial.

Sign in / Sign up

Export Citation Format

Share Document