Hasil untuk "Civil law"

Núbia Caroline Tavares Costa Giese, Rayssa de Sales França

Este artigo analisa a meta dos Objetivos de Desenvolvimento Sustentável “ninguém pode ser deixado para trás”, questiona-se: qual é a fórmula para alcançar esse objetivo? Argumenta-se que a fórmula já existe e está apta a produzir efeitos no plano internacional. A teoria do Vivir Bien ou Buen Vivir, ao contrário do modelo tradicional de desenvolvimento sustentável, propõe uma abordagem que questiona os paradigmas de sustentabilidade moderna, já que as medidas internacionais adotadas até o momento não alcançaram as metas acordadas nas diversas conferências sobre a proteção ambiental. As cosmovisões andinas representam um caminho alternativo à acumulação de capital, ao antropocentrismo, ao utilitarismo e ao individualismo, pois propõem a harmonia entre a natureza, os seres humanos e a coletividade, fornecendo os meios possíveis para a concretização dos 17 Objetivos de Desenvolvimento Sustentável e a reformulação institucional dos Estados mediante a integração entre os povos.  

Sizhe Ma, Katherine A. Flanigan, Mario Bergés

Digital twins (DTs) enable powerful predictive analytics, but persistent discrepancies between simulations and real systems--known as the reality gap--undermine their reliability. Coined in robotics, the term now applies to DTs, where discrepancies stem from context mismatches, cross-domain interactions, and multi-scale dynamics. Among these, context mismatch is pressing and underexplored, as DT accuracy depends on capturing operational context, often only partially observable. However, DTs have a key advantage: simulators can systematically vary contextual factors and explore scenarios difficult or impossible to observe empirically, informing inference and model alignment. While sim-to-real transfer like domain adaptation shows promise in robotics, their application to DTs poses two key challenges. First, unlike one-time policy transfers, DTs require continuous calibration across an asset's lifecycle--demanding structured information flow, timely detection of out-of-sync states, and integration of historical and new data. Second, DTs often perform inverse modeling, inferring latent states or faults from observations that may reflect multiple evolving contexts. These needs strain purely data-driven models and risk violating physical consistency. Though some approaches preserve validity via reduced-order model, most domain adaptation techniques still lack such constraints. To address this, we propose a Reality Gap Analysis (RGA) module for DTs that continuously integrates new sensor data, detects misalignments, and recalibrates DTs via a query-response framework. Our approach fuses domain-adversarial deep learning with reduced-order simulator guidance to improve context inference and preserve physical consistency. We illustrate the RGA module in a structural health monitoring case study on a steel truss bridge in Pittsburgh, PA, showing faster calibration and better real-world alignment.

Emily Black, Logan Koepke, Pauline Kim et al.

Work in computer science has established that, contrary to conventional wisdom, for a given prediction problem there are almost always multiple possible models with equivalent performance--a phenomenon often termed model multiplicity. Critically, different models of equivalent performance can produce different predictions for the same individual, and, in aggregate, exhibit different levels of impacts across demographic groups. Thus, when an algorithmic system displays a disparate impact, model multiplicity suggests that developers could discover an alternative model that performs equally well, but has less discriminatory impact. Indeed, the promise of model multiplicity is that an equally accurate, but less discriminatory algorithm (LDA) almost always exists. But without dedicated exploration, it is unlikely developers will discover potential LDAs. Model multiplicity and the availability of LDAs have significant ramifications for the legal response to discriminatory algorithms, in particular for disparate impact doctrine, which has long taken into account the availability of alternatives with less disparate effect when assessing liability. A close reading of legal authorities over the decades reveals that the law has on numerous occasions recognized that the existence of a less discriminatory alternative is sometimes relevant to a defendant's burden of justification at the second step of disparate impact analysis. Indeed, under disparate impact doctrine, it makes little sense to say that a given algorithmic system used by an employer, creditor, or housing provider is "necessary" if an equally accurate model that exhibits less disparate effect is available and possible to discover with reasonable effort. As a result, we argue that the law should place a duty of a reasonable search for LDAs on entities that develop and deploy predictive models in covered civil rights domains.

Oren Neumann, Claudius Gros

Neural scaling laws are observed in a range of domains, to date with no universal understanding of why they occur. Recent theories suggest that loss power laws arise from Zipf's law, a power law observed in domains like natural language. One theory suggests that language scaling laws emerge when Zipf-distributed task quanta are learned in descending order of frequency. In this paper we examine power-law scaling in AlphaZero, a reinforcement learning algorithm, using a model of language-model scaling. We find that game states in training and inference data scale with Zipf's law, which is known to arise from the tree structure of the environment, and examine the correlation between scaling-law and Zipf's-law exponents. In agreement with the quanta scaling model, we find that agents optimize state loss in descending order of frequency, even though this order scales inversely with modelling complexity. We also find that inverse scaling, the failure of models to improve with size, is correlated with unusual Zipf curves where end-game states are among the most frequent states. We show evidence that larger models shift their focus to these less-important states, sacrificing their understanding of important early-game states.

Lilian Edwards, Reuben Binns

Generative AI systems often generate outputs about real people, even when not explicitly prompted to do so. This can lead to significant reputational and privacy harms, especially when sensitive, misleading, and outright false. This paper considers what legal tools currently exist to protect such individuals, with a particular focus on defamation and data protection law. We explore the potential of libel law, arguing that it is a potential but not an ideal remedy, due to lack of harmonization, and the focus on damages rather than systematic prevention of future libel. We then turn to data protection law, arguing that the data subject rights to erasure and rectification may offer some more meaningful protection, although the technical feasibility of compliance is a matter of ongoing research. We conclude by noting the limitations of these individualistic remedies and hint at the need for a more systemic, environmental approach to protecting the infosphere against generative AI.

Anastasis Kratsios, Haitz Sáez de Ocáriz Borde, Takashi Furuya et al.

Mixture-of-Experts (MoEs) can scale up beyond traditional deep learning models by employing a routing strategy in which each input is processed by a single "expert" deep learning model. This strategy allows us to scale up the number of parameters defining the MoE while maintaining sparse activation, i.e., MoEs only load a small number of their total parameters into GPU VRAM for the forward pass depending on the input. In this paper, we provide an approximation and learning-theoretic analysis of mixtures of expert MLPs with (P)ReLU activation functions. We first prove that for every error level $\varepsilon>0$ and every Lipschitz function $f:[0,1]^n\to \mathbb{R}$, one can construct a MoMLP model (a Mixture-of-Experts comprising of (P)ReLU MLPs) which uniformly approximates $f$ to $\varepsilon$ accuracy over $[0,1]^n$, while only requiring networks of $\mathcal{O}(\varepsilon^{-1})$ parameters to be loaded in memory. Additionally, we show that MoMLPs can generalize since the entire MoMLP model has a (finite) VC dimension of $\tilde{O}(L\max\{nL,JW\})$, if there are $L$ experts and each expert has a depth and width of $J$ and $W$, respectively.

Nikos Koumoutzis

Greece is a unique example of a country member of the Council of Europe that allows for the application of Sharia law by the Mufti on a select part of its citizenry: the members of the Muslim minority in Western Thrace (situated in NE Greece). However, to produce their effects, Mufti decisions need to undergo review and to be declared enforceable by the civil court. The aim of this article is to explore the relevant legal framework arranged in law 4964/2022 and presidential decree 52/2019, whereby the details of such a judicial review are set out. In particular, this article considers the prerequisite of the exequatur to religious adjudication, and then, it goes through all of the levels over which the said review extends, bringing progressively into focus the review of the scope of jurisdiction, the review of compatibility with the Constitution and the European Convention of Human Rights, and the review of some additional issues raised specifically by presidential decree 52/2019 over and above the points just mentioned. A final remark follows in connection with possible errors committed in religious adjudication—errors of law or fact—which remain beyond the reach of the review.

Martin Vincurský

Parish visitation records are considered one of the most interesting and revealing sources for the study of everyday life in the Middle Ages. No wonder, that sometimes the reader might find in their pages people drinking alcoholic beverages, visiting taverns, playing dice and generally enjoying their leisure time. As might be expected from the nature of these sources, many of them were parish priests, vicars, chaplains or other clergymen. Some were even responsible for other more serious violations of ecclesiastical or civil law while intoxicated. Visitation records often provide a very revealing insight into their lives, sometimes much more colourful and adventurous than we would expect. This study summarizes basic information on how parish visitations were conducted and what we can learn from visitation records about drinking in the Middle Ages. The main source of this study, the visitation record of the Prague archdeacon Paul of Janovicz (1379–1382), is supplemented by several other examples.

Joanna Marszałek-Kawa, Kateryna Holovko

Restrictions in the sphere of civil rights and freedoms introduced by governments led to the numerous demonstrations of citizens in the whole world. During street protests, they expressed their disapproval of the radical measures taken by authorities. The main research problem of this paper relates to the impact of repression on the course of social protest using the example of Estonia. The findings of the study will serve as the basis for formulating more general conclusions concerning protests in the pandemic era. We will describe repressive and non-repressive protest policing from the spring of 2020 to the autumn of 2021. Having in mind the above, we formulated two principal research aims. The first of them refers to the identification of the main reasons behind the organisations of protests in Estonia and what steps the demonstrators took. The other, equally important research aim is to establish what factors influenced the course of demonstrations. In particular, the response of the police to civil disorder will be analysed. The thesis posed in this paper assumes that the high level of political culture, resulting in trust in the institution of the state, contributes to the de-escalation of protests and influences the non-repressive behaviour of the police towards demonstrators. The method used in this study is the qualitative source analysis text analysis. It draws on the technique of content analysis of the specific media coverage of the activities of the police and protest participants during the indicated period. The study rests on the reports that appeared on the most important websites and Internet portals reporting on the course of the protests.

Marko Spahija

The provisions of Articles 80-87 of the Law on Amendments to the Civil Procedure Law ("Official Gazette" No. 80/2022, hereinafter: ZIDZPP/22) amended the provisions regulating civil proceedings in small claims disputes. The aforementioned law entered into force on July 19, 2022, and the provisions related to small claims disputes apply to all proceedings initiated after the stated date, with certain exceptions (Articles 83, 84 and 85 ZIDZPP/22). In this paper, the novelties foreseen by the mentioned law will be elaborated, which will affect the proceedings of small claims disputes.

Widya Sari Amalia, Iswi Hariyani, Bhim Prakoso

PKPU has a goal to improve the company from an economic standpoint and the company's ability as a debtor to make a profit, with this step it is hoped that the company can pay off its obligations. Settlement is not defined by Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (hereinafter referred to as the Bankruptcy Law and PKPU). However, in this case the general understanding is as normalized in Article 222 of the Bankruptcy Law and PKPU that in principle the reconciliation plan includes an offer to pay part or all of the debt to creditors. In bankruptcy and PKPU cases, all creditors and debtors have the opportunity to submit a peace plan which can be part of a debt restructuring. SOEs have a responsibility in the problems being faced by PT Garuda Indonesia, Tbk. PT Garuda Indonesia, Tbk. is unable to pay its debts to creditors because of the equity of PT Garuda Indonesia,Tbk. recorded negative. The enormous debt made PT Garuda Indonesia, Tbk. choose to do debt restructuring even though the path chosen has a risk of bankruptcy. Even though PT Garuda Indonesia, Tbk. is experiencing financial problems. continue to run its business, this is in line with the principle of business continuity as normalized in 240 of the Bankruptcy Law and PKPU.

Nurfaathirany Heri Ririn, Tahir Heri, Herman et al.

This research is normative-empirical, located in Gowa and Takalar (South Sulawesi). The focus of the research is, public understanding about child marriage, legal arrangements regarding child marriage and legal implications for child marriage. This study uses a qualitative descriptive method that describes and describes the data obtained in the form of a percentage. Data collection techniques used are library research and interviews. The data analysis technique used is descriptive qualitative analysis, namely analyzing and interpreting factual data in relation to child marriage. Some people's knowledge about child marriage is still limited to the lawful ties in religion, while the legal and biological consequences are not well understood. A child can marry if it is the child's will without coercion with the permission of the child's parent/guardian by submitting a marriage dispensation to the court. Prior to the introduction of the child protection law, married children were considered adults. However, currently married children are still considered children until they are 18 years old, while in civil activities children are considered adults if they are legally married.

ABROSIMOV A.V.

The relevance of this topic is due to the widespread use of the good faith principle in civil court cases in Russia. The main purpose of this work is to identify the main functions inherent in the principle and legal category of good faith, as well as the patterns of recognition and application of good faith as a significant legal category in various jurisdictions, legal systems of different types. The problems under consideration: the problem of the validity of the evaluative legal categories widespread use in the courts, establishing the role and functionality of the evaluative legal category of good faith in civil law. Methods used: formal legal method, comparative legal method, analysis of legislation and legal doctrine, generalization. Conclusions: - good faith is an assessment category that is convenient for use by courts in those countries where law-making powers of the judiciary are absent; - the good faith principle can be considered both as a special civil law principle and as a general rule; - the legal category of good faith is more inherent in codified Romano-Germanic law, but recently it has also been applied in common law legal systems

A. Klishin, K. Taran

In the BRICS Member States, serious attention is paid to Information Technology development in terms of both technology and law. These countries are at the forefront in the development of the digital economy and digital innovations. Cloud storage software is an important element in this sector and is intensively applied in civil law transactions. The processes of approval, storage and sorting of documents are being automated on the basis of the relevant computer programs. This helps companies and government agencies to systemize their operations. At present, the most pressing issues are those related to copyright and copyright holders of computer programs since software code may be copied, even illegally or unconscientiously, and used as the basis for another software product. Cloud storage software is copyright-protected, but, depending on the scope of its use, additional patent protection may be required. Given the rapid development of the IT sector, a software product may be one of the components in an invention subject to patenting. The article focuses on the relationship between copyright and patent protection of software and offers a comparison of the approaches taken by the BRICS countries. Approaches taken by Germany as a European Union Member State and the United States of America are shown in the all-out comparison. The article also analyzes the views of academics on the relationship between copyright and patent protection of software.

Rahul Vigneswaran, Marc T. Law, Vineeth N. Balasubramanian et al.

The visual world naturally exhibits an imbalance in the number of object or scene instances resulting in a \emph{long-tailed distribution}. This imbalance poses significant challenges for classification models based on deep learning. Oversampling instances of the tail classes attempts to solve this imbalance. However, the limited visual diversity results in a network with poor representation ability. A simple counter to this is decoupling the representation and classifier networks and using oversampling only to train the classifier. In this paper, instead of repeatedly re-sampling the same image (and thereby features), we explore a direction that attempts to generate meaningful features by estimating the tail category's distribution. Inspired by ideas from recent work on few-shot learning, we create calibrated distributions to sample additional features that are subsequently used to train the classifier. Through several experiments on the CIFAR-100-LT (long-tail) dataset with varying imbalance factors and on mini-ImageNet-LT (long-tail), we show the efficacy of our approach and establish a new state-of-the-art. We also present a qualitative analysis of generated features using t-SNE visualizations and analyze the nearest neighbors used to calibrate the tail class distributions. Our code is available at https://github.com/rahulvigneswaran/TailCalibX.

Ettore Battelli

A pesar de los riesgos de las decisiones robóticas, la previsibilidad y la justicia predictiva pueden ser consideradas como oportunidades para prever el resultado del juicio mediante el uso de algoritmos. El presente estudio nace a partir de una pregunta: ¿un juez puede ser reemplazado por un robot? La tesis propuesta es que la decisión robótica, así como la humana, puede contener errores y que las decisiones robóticas no podrán considerarse “justas”, incluso cuando son lógicamente “correctas”, ya que no existen máquinas infalibles. Sin embargo, se debería evaluar positivamente que la automatización del proceso decisorio permite lograr ventajas significativas en términos de uniformidad, fiabilidad y capacidad de control adecuado de la decisión robla de.

Maaike Zwart, Dan Marsden

Monads are commonplace in computer science, and can be composed using Beck's distributive laws. Unfortunately, finding distributive laws can be extremely difficult and error-prone. The literature contains some general principles for constructing distributive laws. However, until now there have been no such techniques for establishing when no distributive law exists. We present three families of theorems for showing when there can be no distributive law between two monads. The first widely generalizes a counterexample attributed to Plotkin. It covers all the previous known no-go results for specific pairs of monads, and includes many new results. The second and third families are entirely novel, encompassing various new practical situations. For example, they negatively resolve the open question of whether the list monad distributes over itself, reveal a previously unobserved error in the literature, and confirm a conjecture made by Beck himself in his first paper on distributive laws. In addition, we establish conditions under which there can be at most one possible distributive law between two monads, proving various known distributive laws to be unique.

Benjamim Siqueira Amorim, Alessandro Jacomini

O presente artigo objetivou demonstrar como a arbitragem tem o potencial de ser um meio adequado para lidar com conflitos envolvendo a tecnologia blockchain. Para tanto, num primeiro momento, buscou-se delinear os aspectos fundamentais desta nova tecnologia, as mudanças que propõe este fenômeno, destacando-se, dentre suas diversas aplicações, o uso dos smart contracts, analisando-se a sua diferença em relação aos contratos tradicionais, em especial a seus possíveis conflitos que possuem características próprias. É por esse prisma que se desejou analisar as vantagens atuais do uso da arbitragem, e como elas se adequam para lidar com tais litígios. Trata-se de uma abordagem cujo objeto, isto é, a blockchain, ainda está em fase inicial de usos, desenvolvimentos e aplicações, assim, não possui o presente estudo a pretensão de respostas inteiramente conclusivas.

Mingshu Cong, Congqiao Li, Bo-Qiang Ma

The occurrence of digits 1 through 9 as the leftmost nonzero digit of numbers from real-world sources is distributed unevenly according to an empirical law, known as Benford's law or the first digit law. It remains obscure why a variety of data sets generated from quite different dynamics obey this particular law. We perform a study of Benford's law from the application of the Laplace transform, and find that the logarithmic Laplace spectrum of the digital indicator function can be approximately taken as a constant. This particular constant, being exactly the Benford term, explains the prevalence of Benford's law. The slight variation from the Benford term leads to deviations from Benford's law for distributions which oscillate violently in the inverse Laplace space. We prove that the whole family of completely monotonic distributions can satisfy Benford's law within a small bound. Our study suggests that Benford's law originates from the way that we write numbers, thus should be taken as a basic mathematical knowledge.

Y. O. Petrova

In this article the importance of the spouse's consent to engage in civil law deals is considered. The specifics of obtaining consent of the spouse for the deal under the disposal of jointly acquired property are analyzed. In addition, proposals have been made to improve the legislation in the sphere of obtaining the consent of the spouse to dispose of movable property, as well as to dispose of the property by the spouse whose marriage is terminated by the time the transaction is concluded.