Hasil untuk "Civil law"

Vladimir Radovanović, Jelena Radovanović

The issue of the minimum wage has been attracting attention for many years, not only from experts, but also from the general public. Determining the minimum wage in every country, including Serbia, aims to establish minimum standards for personal income and combat poverty. The basic feature of the minimum wage is that it is a temporary measure, lasting up to 6 months, as a response to an employer’s poor financial performance, and as such it represents an extraordinary measure, which should be abolished upon returning to the normal economic conditions. Upon resuming normal business operations, the employer is required to compensate employees for the shortfall, ensuring they receive their contracted salary in full. However, instead of the minimum wage being an exception, used only in extraordinary circumstances, it has now become commonplace in the labor market, challenging the original concept of the minimum wage and raising questions about its effectiveness. This paper aims to examine the concept of wage and minimum wage in Serbia, along with its practical implications in the domestic labor market.

Kemal Erdoğan

According to Paragraph 1 from Article 202 of the Turkish Civil Code (TCC), the shared re-gime in acquired property is essential. However, spouses may accept one of the types of marital property regimes legally regulated through a marital property agreement, or they may make changes to the provisions of these limited number of regimes. In this case, the issue comes to the fore of whether priority should be given to the marital property agreement or to protecting the reserved portion. The basic principle accepted by Turkish legislation is that any marital property agreement concluded between spouses takes precedence over the interests of heirs with a reserved share. While Section II under Article 237 of the TCC protects the reserved share of non-common children and their descendants against marital property agreements in which a different principle regarding the shares of the residual value have been accepted, Section III under Article 276 of the TCC protects the offspring family’s reserved shares against property regime agreements regarding any other manner of distributing a partnership property. Both provisions have been criticized doctrinally on the grounds that they disrupt equality among heirs with reserved shares. On the other hand, a revision was made in the field of inheritance law in Switzerland, and these provisions entered into force on January 1, 2023. The revision amends and supplements part of the provisions included in Article 216 and 241 of the Swiss Civil Code (SCC). In light of these changes, the need has arisen to reconsider the issue.

Dan Li, Haiyun Xu, Yue Kang et al.

(1) Background: Green and open spaces are conducive to physical activity for the elderly. However, it is unclear how different landscape characteristics relate to the physical activity of the elderly. (2) Methods: following the PRISMA method, this study reviewed the existing literature on the landscape characteristics correlated with the elderly’s physical activity (PA) from Web of Science, Scopus, and PubMed. We conducted a systematic full-text review of 25 eligible reports and studies related to the linkage between the characteristics of green and open spaces and the elderly’s physical activity (PA); (3) Results: Nature/greenery, safety, road/path conditions, aesthetics, PA facilities, accessibility, amenity, water, and elderly accessibility facilities were found to be positively associated with elderly’s PA. Pavement conditions (gravel), the presence of water, poor maintenance, neighborhood aesthetics, and GVI are negatively correlated with the elderly’s PA; (4) Conclusions: We close the paper by making a few recommendations for future policy-making, practice, and research. It is suggested that the landscape characteristics be applied in evidence-based policy-making and design, and in tackling health inequality. Future research should be more specific about the impact of site-scale factors, include landscape characteristics specifically needed by the elderly to conduct PA, and involve a wider scope of green and open space on top of neighborhood green and open space and parks. Additionally, these studies should take into consideration different cultural settings and geographical scales to reveal the different effects of various aspects of green and open space.

Celso Hiroshi Iocohama, Diego José Baldissera

O tema dos precedentes tem ganhado cada vez mais espaço dentro do Direito Processual Civil, especialmente no Brasil, onde, recentemente, foi implementado um novo sistema de decisões judiciais com força vinculante. A tendência de adoção de sistemas dessa espécie deixou de ser uma exclusividade dos países do common law a partir do momento em que foi superada a ideia de que texto e norma se confundiam. No entanto, a importação dessa sistemática para o civil law se deu com algumas adaptações, tendo em conta que, em regra, a valorização das decisões judiciais não veio em substituição à lei. Por isso, é importante compreender que os precedentes não são sinônimos de decisões com força normativa, mas são um método.

Maurizio Viroli

Niccolò Machiavelli never used the term “natural law” and never discussed the subject. His silence is quite eloquent, if we consider that the concept amply circulated in the political and intellectual context of his time. Prominent members of Florentine civic humanism frequently referred to natural law understood as a superior norm that comes directly from God and has therefore a higher normative status in comparison with civil laws. Coluccio Salutati, to mention a prominent example, wrote in his essay on the nobility of law (De nobilitate legum et medicinae), composed around 1399 that true civil laws must embody the universal principles of equity, proportion, and justice that natural and divine laws reveal to us. Girolamo Savonarola repeated over and over in his writings and his sermons (some of which Machiavelli surely heard) that natural law is valid in all times and among all peoples, and that human laws must take inspiration from it.

Pronkin S.V.

The article is devoted to the interaction of the police and the elected bodies of Greater London-its Administration and municipal districts (boroughs) - in ensuring law and order. Both the history of the issue and its current state are touched upon. The foreign experience of interaction of the authorities in the maintenance of public security is of interest to the Russian Federation, which continues to search for effective forms of regional and municipal government, its place in the implementation of state functions. The experience of the United Kingdom is of particular interest in this regard, since in this country, the municipal and regional (self) government has historically developed significantly. The article mainly uses political and legal documents as sources of information. The author concludes that historically municipalities and local social forces played a crucial role in ensuring public security. It was typically for a «small state» with a tiny bureaucratic apparatus. Then government bodies played this role. Changes in the organization of the police were associated with the transition from the traditional rural society to modern urbanized. This required the creation of a professional centrally managed police force. The reform lasted for several decades. It’s important stage – Home office secretary R. Peel′s activity. Currently, efforts are being made to entrust the elected regional and municipal authorities with a new mission in ensuring public security – the exercise of democratic control over the activities of the police. In London this control is carried out by the mayor and the city council – Assembly. Municipal districts coordinate the activities of public services, civil, non-profit organization, business and individual citizens to ensure security in their territory.

Asa Prayoga Jiwangga, Tutiek Retnowati

This study aims to determine and analyze the form of legal protection and the consequences of an illegal act committed by a business actor in violating an agreement and done intentionally. The research method in this study uses a normative research method and uses the statute approach method (statutory approach) and the conceptual approach (concept approach). The result of this study is that legal protection is one of the legal certainties that is in the spotlight of the Indonesian government so that Indonesian citizens can carry out normal activities in the community without fear of an act that is detrimental to them. Legal protection for consumers is a reference for the government in reducing arbitrary attitudes by businesses and consumers. As evidence of the government's efforts to protect consumer rights, Law Number 8 of 1999 concerning Consumer Protection or commonly abbreviated as the Consumer Protection Act was born. One of the actions that often occur as a result of arbitrary attitudes committed by business actors is an act against the law as stipulated in article 1365 of the Civil Code. As a form of legal protection, sanctions or compensation for the consequences of unlawful acts is applied. The application of sanctions or compensation is not formulated in Article 1365 of the Civil Code, but the application of sanctions or compensation is applied through a district court decision.

Aayush Prakash, Shoubhik Debnath, Jean-Francois Lafleche et al.

Synthetic data is emerging as a promising solution to the scalability issue of supervised deep learning, especially when real data are difficult to acquire or hard to annotate. Synthetic data generation, however, can itself be prohibitively expensive when domain experts have to manually and painstakingly oversee the process. Moreover, neural networks trained on synthetic data often do not perform well on real data because of the domain gap. To solve these challenges, we propose Sim2SG, a self-supervised automatic scene generation technique for matching the distribution of real data. Importantly, Sim2SG does not require supervision from the real-world dataset, thus making it applicable in situations for which such annotations are difficult to obtain. Sim2SG is designed to bridge both the content and appearance gaps, by matching the content of real data, and by matching the features in the source and target domains. We select scene graph (SG) generation as the downstream task, due to the limited availability of labeled datasets. Experiments demonstrate significant improvements over leading baselines in reducing the domain gap both qualitatively and quantitatively, on several synthetic datasets as well as the real-world KITTI dataset.

Juan C Quiroz, Liliana Laranjo, Catalin Tufanaru et al.

Bayesian modelling and statistical text analysis rely on informed probability priors to encourage good solutions. This paper empirically analyses whether text in medical discharge reports follow Zipf's law, a commonly assumed statistical property of language where word frequency follows a discrete power law distribution. We examined 20,000 medical discharge reports from the MIMIC-III dataset. Methods included splitting the discharge reports into tokens, counting token frequency, fitting power law distributions to the data, and testing whether alternative distributions--lognormal, exponential, stretched exponential, and truncated power law--provided superior fits to the data. Results show that discharge reports are best fit by the truncated power law and lognormal distributions. Our findings suggest that Bayesian modelling and statistical text analysis of discharge report text would benefit from using truncated power law and lognormal probability priors.

Koji Azuma, Go Kato

If simple entropy in the Bekenstein-Hawking area law for a Schwarzschild black hole is replaced with 'negative' quantum conditional entropy, which quantifies quantum entanglement, of positive-energy particles of the black hole relative to its outside, a paradox with the original pair-creation picture of Hawking radiation, the first law for black hole mechanics and quantum mechanics is resolved. However, there was no way to judge experimentally which area law is indeed adopted by black holes. Here, with the no-hair conjecture, we derive the perfect picture of a second law of black hole thermodynamics for any black hole from the modified area law, rather than Bekenstein's generalized one from the original area law. The second law is testable with an event horizon telescope, in contrast to Bekenstein's. If this is confirmed, the modified area law could be exalted to the first example of fundamental equations in physics which cannot be described without the concept of quantum information.

Mario Gleirscher, Nikita Johnson, Panayiotis Karachristou et al.

The coordinated assurance of interrelated critical properties, such as system safety and cyber-security, is one of the toughest challenges in critical systems engineering. In this chapter, we summarise approaches to the coordinated assurance of safety and security. Then, we highlight the state of the art and recent challenges in human-robot collaboration in manufacturing both from a safety and security perspective. We conclude with a list of procedural and technological issues to be tackled in the coordinated assurance of collaborative industrial robots.

Jurjen de Jong, Jos de Bruijne, Joris De Ridder

Benfords law states that for scale- and base-invariant data sets covering a wide dynamic range, the distribution of the first significant digit is biased towards low values. This has been shown to be true for wildly different datasets, including financial, geographical, and atomic data. In astronomy, earlier work showed that Benfords law also holds for distances estimated as the inverse of parallaxes from the ESA Hipparcos mission. We investigate whether Benfords law still holds for the 1.3 billion parallaxes contained in the second data release of Gaia (Gaia DR2). In contrast to previous work, we also include negative parallaxes. We examine whether distance estimates computed using a Bayesian approach instead of parallax inversion still follow Benfords law. Lastly, we investigate the use of Benfords law as a validation tool for the zero-point of the Gaia parallaxes.

David Robie

Constitutional guarantees of free speech and media freedom are well established 'on paper' in most South Pacific nations. How these gurantees are interpreted is constantly a source of tension between policitans, media practicioners and constitutional advocates. Recent attempts by two countries in the region, Fiji and Tonga, to introduce draconian legislation have partially successful, provoking international condemnation. In Feburary 2003, a series of five bans on the Auckland-published Taimi 'o Tonga newspaper led to conflict between the island kingdom's Supreme Court and the Privy Council. This eventually provoked controversial consitutional changes that were adopted on October 16 in spite of unprecedented protests. These changes, in the form of the Media Operators Act 2003, Newspaper Act 2003, and Act of Constitution of Tonga (Amendment) Act 2003, are expected to effectively ban the paper for good and, according to some legal analysts, may end the rule of law.  In Fiji a draft Media Council of Fiji Bill was made public in May 2003 and submissions were invited. However, the proposed law stirred a strong reaction from the media and civil society groups as being 'unconstitutional'. This article examines and analyses the debate over self-regulation and public accountability of the media versus state control in the South Pacific.

Guilherme Calmon Nogueira da Gama, Filipe José Medon Affonso

O objetivo do presente estudo é traçar um breve panorama acerca do direito real de laje, tal como instituído pela Lei nº. 13.465/17, tendo em vista a sua evolução histórica, sobretudo no que pertine às alterações promovidas em relação à Medida Provisória nº. 759/2016, que o instituiu no sistema jurídico brasileiro. Para tanto, procura-se investigar a sua natureza jurídica, a partir do cotejo com outros institutos assemelhados, a exemplo do condomínio edilício, do direito real de superfície (e de sobrelevação) e do direito de propriedade, concluindo-se que se trata de figura autônoma, embora detentora de contornos próprios dessas outras espécies, mas que delas se distingue, sobretudo, pelo âmbito restrito de aplicação: as favelas e comunidades de baixa renda, as quais receberam o foco do legislador, que se mostrava preocupado com a regularização fundiária e com o acesso à moradia destas pessoas, como forma de concretização de seus direitos fundamentais constitucionais.

Juan Ignacio Perotti, Orlando Vito Billoni

Zipf's law is found when the vocabulary of long written texts is ranked according to the frequency of word occurrences, establishing a power-law decay for the frequency vs rank relation. This law is a robust statistical property observed even in ancient untranslated languages. Interestingly, this law seems to be also manifested in music records when several metrics---functioning as words in written texts---are used. Even though music can be regarded as a language, finding an accurate equivalent of the concept of words in music is difficult because it lacks a functional semantic. This raises the question of which is the appropriate choice of Zipfian units in music, which is extensive to other contexts where this law can emerge. In particular, this is still an open question in written texts, where several alternatives have been proposed as Zipfian units besides the canonical use of words. Seeking to validate a natural election of Zipfian units in music, in this work we find that Zipf's law emerges when a combination of chords and notes are chosen as Zipfian units. Our results are grounded on a consistent analysis of the statistical properties of music and texts, complemented with theoretical considerations that combine different reference models, including a simple model inspired in the Lempel-Ziv compression algorithm that we have devised to explain the emergence of Zipf's law as the consequence of languages evolving into more efficient forms of communication.

Giordano De Marzo, Andrea Gabrielli, Andrea Zaccaria et al.

The rank-size plots of a large number of different physical and socio-economic systems are usually said to follow Zipf's law, but a unique framework for the comprehension of this ubiquitous scaling law is still lacking. Here we show that a dynamical approach is crucial: during their evolution, some systems are attracted towards Zipf's law, while others presents Zipf's law only temporarily and, therefore, spuriously. A truly Zipfian dynamics is characterized by a dynamical constraint, or coherence, among the parameters of the generating PDF, and the number of elements in the system. A clear-cut example of such coherence is natural language. Our framework allows us to derive some quantitative results that go well beyond the usual Zipf's law: i) earthquakes can evolve only incoherently and thus show Zipf's law spuriously; this allows an assessment of the largest possible magnitude of an earthquake occurring in a geographical region. ii) We prove that Zipfian dynamics are not additive, explaining analytically why US cities evolve coherently, while world cities do not. iii) Our concept of coherence can be used for model selection, for example, the Yule-Simon process can describe the dynamics of world countries' GDP. iv) World cities present spurious Zipf's law and we use this property for estimating the maximal population of an urban agglomeration.

W. Tate

Ciprian Raul ROMIȚAN

The sources of the fiducia are the law and the contract concluded in authentic form. Fiducia must be express and its running by an unilateral act or by judicial way is excluded. The fiduciary contract is an act conveyancing the ownership title, it is onerous, synallagmatic, commutative, intuitu personae and solemn. The fiduciary contract is the contract by which a party (the settlor), transmits as a trust to the other party (the trustee) goods and rights for the exploitation thereof for a determined purpose. Therefore, according to the provisions of the Civil Code in force, the parties to the fiduciary contract are the settlor (settlors) and the trustee (trustees). As one shall notice during out study, the beneficiary(-ies), the third party mentioned in the legal text defining the notion of fiducia, is not regarded as a party to the fiduciary contract. According to the author, the object of the fiducia supposes three successive stages of the complex contractual procedure: the transfer of patrimony rights from the settlor to the trustee, the actual management of the patrimony mass in the beneficiary’s favor, the transfer of the profit to the beneficiary, once or in successive stages. From the point of view of its legal nature, fiducia is a legal operation having as object the transfer of the property, receivable, security or other patrimony rights, whether existing or future, or a combination of such rights, to one or several trustees, exerting them in order to fulfill a determined purpose, in the favor or one or several beneficiaries. All these rights set up an patrimony mass distinct from the trustees’ other patrimony rights and obligations. As one could notice during the study, the fiduciary contract must comprise, under the sanction of absolute nullity, the following elements: real rights, receivable rights, guarantees and any other patrimonial rights transferred. In this regard, the transferred rights must be described in the fiduciary contract, by clearly indicating all identification elements; the period of the transfer, which cannot exceed 33 years as of the date of its conclusion; the identity of the settlor or settlors; the identity of the trustee or trustees; the identity of the beneficiary or beneficiaries or at least the rules allowing the determination thereof; the purpose of the fiducia and the scope of the powers of administration and disposition of the trustee or of the trustees.

B. Ahmadi, S. Salimi, A. S. Khorashad

The second law of classical thermodynamics, based on the positivity of the entropy production, only holds for deterministic processes. Therefore the Second Law in stochastic quantum thermodynamics may not hold. By making a fundamental connection between thermodynamics and information theory we will introduce a new way of defining the Second Law which holds for both deterministic classical and stochastic quantum thermodynamics. Our work incorporates information well into the Second Law and also provides a thermodynamic operational meaning for negative and positive entropy production.

C. J. Law, B. M. Gaensler, B. D. Metzger et al.

We present the discovery of a slowly-evolving, extragalactic radio transient, FIRST J141918.9+394036, identified by comparing a catalog of radio sources in nearby galaxies against new observations from the Very Large Array Sky Survey. Analysis of other archival data shows that FIRST J141918.9+394036 faded by a factor of ~50 over 23 years, from a flux of ~26 mJy at 1.4 GHz in 1993 to an upper limit of 0.4 mJy at 3 GHz in 2017. FIRST J141918.9+394036 is likely associated with the small star-forming galaxy SDSS J141918.81+394035.8 at a redshift z=0.01957 (d=87 Mpc), which implies a peak luminosity $νL_ν\gtrsim 3\times10^{38}$ erg s$^{-1}$. If interpreted as an isotropic synchrotron blast wave, the source requires an explosion of kinetic energy ~10^{51} erg some time prior to our first detection in late 1993. This explosion could plausibly be associated with a long gamma-ray burst (GRB) or the merger of two neutron stars. Alternatively, FIRST J141918.9+394036 could be the nebula of a newly-born magnetar. The radio discovery of any of these phenomena would be unprecedented. Joint consideration of the event light curve, host galaxy, lack of a counterpart gamma-ray burst, and volumetric rate suggests that FIRST J141918.9+394036 is the afterglow of an off-axis (`orphan') long GRB. The long time baseline of this event offers the best available constraint in afterglow evolution as the bulk of shock-accelerated electrons become non-relativistic. The proximity, age, and precise localization of FIRST J141918.9+394036 make it a key object for understanding the aftermath of rare classes of stellar explosion.