D. Spade
Hasil untuk "Civil law"
Menampilkan 20 dari ~5869970 hasil · dari DOAJ, Semantic Scholar, CrossRef, arXiv
W. M. Sullivan, Will Kymlicka
The following are countries that have ratified the International Covenant on Civil and Political Rights since 1983: 1) Argentina, 8 August 1986; 2) Cameroon, 27 June 1984; 3) Congo, 5 October 1983; 4) Equatorial Guinea, 25 September 1987; 5) Luxembourg, 18 August 1983; 6) Niger, 7 March 1986; 7) Philippines, 23 October 1986; 8) San Marino, 18 October 1985; 9) Sudan, 18 March 1986; 10) Togo, 24 May 1984; 11) Democratic Yemen, 9 February 1987; and 12) Zambia, 10 April 1984.
Salma Nur Azizah, Reka Dewantara, Dewi Iryani
Marital property separation agreements are governed by Article 29 of Law Number 1 of 1974 on Marriage and Articles 139–148 of the Indonesian Civil Code, which originally restricted their execution to the period prior to marriage. The issuance of Constitutional Court Decision Number 69/PUU-XIII/2015, however, permits postnuptial amendments with court approval, thereby generating legal uncertainty regarding the legal status of marital assets and inconsistencies in judicial decisions. This study aims to examine the legal status of joint property acquired prior to the amendment of a marital agreement following the Constitutional Court’s decision and to analyze the legal implications of amendments or annulments of marital agreements on the position and distribution of marital property. This research employs a normative juridical method with statutory, conceptual, and case approaches, conducted through library research of primary legal materials, including marriage legislation, the Civil Code, and relevant court decisions, as well as secondary and tertiary legal materials. The data are analyzed qualitatively using a descriptive-analytical approach. The results indicate that marital property acquired prior to the amendment of a marital agreement is subject to prospective application and does not have retroactive effect, thereby maintaining its original legal status in accordance with the principle of legal certainty. Furthermore, the study underscores the necessity of implementing regulations to ensure uniformity in notarial and judicial practices and to promote distributive and corrective justice.
Tahseen Bashir, Angela Stefania Bergantino, Gianmarco Troiani et al.
The vulnerability and resilience of road networks are important and widely discussed properties in the literature, providing insights into the behaviour and response of road networks when faced with disruptive natural or anthropogenic phenomena. The goal of this study was to provide an extensive literature review of scientific articles in the field of vulnerability and resilience of transportation road networks. To this aim, a Systematic Literature Review (SLR) was carried out investigating road network vulnerability and resilience by selecting all articles published between 2003-2023 and analyze 594 papers collected from Web of Science (WoS) using Bibliometrix-R software. The study identified the most influential scholars and their high-impact contributions, analyzed the influential institutions and countries most contributing to this field, and examined countries with the strongest international research collaborations. Resilience, vulnerability, and road network have been the research keywords in this study as shown in the word cloud. Moreover, the objectives of this review are: i) to identify the evolution and geographic distribution of the analysis of resilience and vulnerability of road networks; ii) to highlight which aspects of vulnerability and resilience have been mostly studied; iii) to report the most used quantitative methods and research gaps to study vulnerability and resilience. The result of this study will be beneficial in developing infrastructure resilience, ensuring sustainable and efficient transportation network resilience, and providing a future guide for both researchers and practitioners.
Iryna Koval
The article discusses the issues of legal protection and enforcement of industrial property rights. The concept and content of administrative legal protection and administrative legal enforcement of industrial property rights are defined. The concept of administrative legal protection is based on the concept and structure of the mechanism of administrative legal regulation. The components of the mechanism of administrative legal regulation of industrial property relations include: administrative legal norms; legal facts which are the basis for administrative legal relations; administrative legal relations; acts of realization of rights and obligations by the subjects of these legal relations; and activities of authorized bodies for the application of legal norms. The author outlines the range of bodies authorized by the state to carry out administrative legal enforcement of these rights: customs authorities of Ukraine, bodies of the Antimonopoly Committee of Ukraine, which ensures state protection of competition in business and public procurement, the Appeals Chamber of the Ukrainian National Office for Intellectual Property and Innovations, and local courts. It is established that the peculiarities of administrative legal enforcement of industrial property rights lies, firstly, in the combination of protection of public and private interests in the area of legitimate exercise of these rights; secondly, the administrative legal procedure for enforcement of industrial property rights is based on a combination of actions of authorized bodies and actions of right holders who initiate the procedure. In view of this, it is proposed to exclude the provision of Part 5 of Article 397 of the Customs Code of Ukraine on the exemption of customs authorities from liability for failure to take measures for the enforcement of intellectual property rights. To improve the administrative legal enforcement of industrial property rights, it is also proposed to bring the content of actions recognized as unfair competition in Art. 164-3 of the Code of Ukraine on Administrative Offenses and the Law of Ukraine ’’On Protection Against Unfair Competition’’ into line.
Simon Chesterman
Artificial intelligence is reshaping science, society, and power. Yet many debates over its likely impact remain fixated on extremes: utopian visions of universal benefit and dystopian fears of existential doom, or an arms race between the U.S. and China, or the Global North and Global South. What's missing is a serious conversation about distribution - who gains, who loses, and who decides. The global AI landscape is increasingly defined not just by geopolitical divides, but by the deepening imbalance between public governance and private control. As governments struggle to keep up, power is consolidating in the hands of a few tech firms whose influence now rivals that of states. If the twentieth century saw the rise of international institutions, the twenty-first may be witnessing their eclipse - replaced not by a new world order, but by a digital oligarchy. This essay explores what that shift means for international law, global equity, and the future of democratic oversight in an age of silicon sovereignty.
Prashant Sharma
Current digital government literature focuses on professional in-house IT teams, specialized digital service teams, vendor-developed systems, or proprietary low-code/no-code tools. Almost no scholarship addresses a growing middle ground: technically skilled civil servants outside formal IT roles who can write real code but lack a sanctioned, secure path to deploy their work. This paper introduces a limits-aware, open-source and replicable platform that enables such public servants to develop, peer review, and deploy small-scale, domain-specific applications within government networks via a sandboxed, auditable workflow. By combining Jupyter Notebooks, preapproved open-source libraries, and lightweight governance, the platform works within institutional constraints such as procurement rules and IT security policies while avoiding vendor lock-in. Unlike low/no-code approaches, it preserves and enhances civil servants' programming skills, keeping them technically competitive with their private-sector peers. This contribution fills a critical gap, offering a replicable model for public-sector skill retention, resilience, and bottom-up digital transformation.
Chris Reiss, Justin C. Feng
Given the vast distances between stars in the Milky way and the long timescales required for interstellar travel, we consider how a civilization might overcome the constraints arising from finite lifespans and the speed of light without invoking exotic or novel physics. We consider several scenarios in which a civilization can migrate to a time-dilated frame within the scope of classical general relativity and without incurring a biologically intolerable level of acceleration. Remarkably, the power requirements are lower than one might expect; biologically tolerable orbits near the photon radius of Sgr A* can be maintained by a civilization well below the Type II threshold, and a single Type II civilization can establish a galaxy-spanning civilization with a time dilation factor of $10^4$, enabling trips spanning the diameter of the Milky way within a human lifetime in the civilizational reference frame. We also find that isotropic monochromatic signals from orbits near the photon radius of a black hole exhibit a downward frequency drift. The vulnerability of ultrarelativistic vessels to destruction, combined with the relatively short timescales on which adversarial civilizations can arise, provides a strong motivating element for the ``dark forest'' hypothesis.
Miriam C. Buiten, A. D. Streel, M. Peitz
When AI systems possess the characteristics of autonomy and unpredictability, they present challenges for the existing liability framework. (Semi)-autonomous AI systems shift control over these systems away from users and towards producers, while errors of AI systems may be difficult to foresee. Policymakers are faced with the questions when existing civil liability rules do not adequately cover risks arising in the context of AI systems, and how they then should be adapted. This paper addresses these two questions for EU non-contractual liability rules. It considers how liability rules affect the incentives of producers, users
Freddy Escobar Rozas
En marco del aniversario número cuarenta del Código Civil, el Dr. Freddy Escobar, uno de los pocos civilistas nacionales que se ha aventurado al estudio del Derecho Civil desde la filosofía moral, nos brinda algunos importantes alcances respecto a la materia, sus implicancias históricas y su aplicación práctica. Asimismo, realiza un balance respecto del trabajo realizado por el legislador del Código Civil de 1984 desde la mentada perspectiva. A nuestro entender, este es un ejercicio más que necesario, pues en nuestro medio este tipo de balances suelen ser formales o, en el mejor de los casos, dogmáticos. Ahora bien, el aporte del profesor Escobar en este rubro no se limita a los estrechos confines de esta entrevista, sino que se encuentra también (y sobre todo) en su obra escrita. Algunos títulos que recomendamos con entusiasmo son los siguientes: Contratos: Fundamentos económicos, morales y legales (2020), Reglas insensatas: Las inconsistencias conceptuales, estratégicas y políticas del Código Civil (2021), y Justicia correctiva vs. justicia funcional: Aristóteles, Bentham y el sistema de remedios legales (2023). Este Consejo Editorial espera que las siguientes líneas sean tan provechosas para quien las lee como lo fueron para nosotros. Y es que las instituciones, sobre todo las civiles, no pueden evaluarse desde el derecho mismo, sino que deben pasar por el baremo de la moralidad y la eficiencia económica.
Dan Schumacher, Anthony Rios
In this paper, we present our system for the SemEval Task 5, The Legal Argument Reasoning Task in Civil Procedure Challenge. Legal argument reasoning is an essential skill that all law students must master. Moreover, it is important to develop natural language processing solutions that can reason about a question given terse domain-specific contextual information. Our system explores a prompt-based solution using GPT4 to reason over legal arguments. We also evaluate an ensemble of prompting strategies, including chain-of-thought reasoning and in-context learning. Overall, our system results in a Macro F1 of .8095 on the validation dataset and .7315 (5th out of 21 teams) on the final test set. Code for this project is available at https://github.com/danschumac1/CivilPromptReasoningGPT4.
Somonnoy Banerjee, Sujan Dutta, Soumyajit Datta et al.
This paper makes three key contributions. First, via a substantial corpus of 51,278 interview questions sourced from 888 YouTube videos of mock interviews of Indian civil service candidates, we demonstrate stark gender bias in the broad nature of questions asked to male and female candidates. Second, our experiments with large language models show a strong presence of gender bias in explanations provided by the LLMs on the gender inference task. Finally, we present a novel dataset of 51,278 interview questions that can inform future social science studies.
Duo Xu, Jenna Karcheski, Chi-Yan Law et al.
Accurately measuring magnetic field strength in the interstellar medium, including giant molecular clouds (GMCs), remains a significant challenge. We present a machine learning approach using Denoising Diffusion Probabilistic Models (DDPMs) to estimate magnetic field strength from synthetic observables such as column density, dust continuum polarization vector orientation angles, and line-of-sight (LOS) nonthermal velocity dispersion. We trained three versions of the DDPM model: the 1-channel DDPM (using only column density), the 2-channel DDPM (incorporating both column density and polarization angles), and the 3-channel DDPM (which combines column density, polarization angles, and LOS nonthermal velocity dispersion). We assessed the models on both synthetic test samples and new simulation data that were outside the training set's distribution. The 3-channel DDPM consistently outperformed both the other DDPM variants and the power-law fitting approach based on column density alone, demonstrating its robustness in handling previously unseen data. Additionally, we compared the performance of the Davis-Chandrasekhar-Fermi (DCF) methods, both classical and modified, to the DDPM predictions. The classical DCF method overestimated the magnetic field strength by approximately an order of magnitude. Although the modified DCF method showed improvement over the classical version, it still fell short of the precision achieved by the 3-channel DDPM.
B. Farrell
I. I. Algazin, I. A. Koryuchina
The work explores the concept of “source of increased danger”, the approaches to determining which, in the doctrine of civil law, are far from unambiguous. The article summarizes the existing approaches to the definition of the concept of “source of increased danger”. The reasons for the need to develop a definition of the concept under study and fix it at the legislative level are indicated. One of these reasons is the rapid complication of technologies, the introduction of innovations in all spheres of society. Despite the centuries-old discussion of civilist scientists, there is still no established, more or less unambiguous position on this issue. Due to the fact that there are no clear, specific explanations in the acts of the Supreme Court of the Russian Federation, we believe that changes in the law are long overdue due to the ambiguity of individual terms (namely, the guilt of the victim, the owner of a source of increased danger, activities that pose an increased danger to others) used in Article 1079 of the Civil Code of the Russian Federation. The need to consolidate the concept of “source of increased danger” is thought by us as the most important goal of unifying terminology in all branches of Russian legislation. We proceed from subjective – objective conditioning of processes and phenomena, illustrating their interconnectedness due to forced close interaction. The Authors argue the need to adopt a separate federal law establishing the specifics of compensation for harm by activities that pose an increased danger to others. The development of new technologies, the activities of third parties, the behavior of the victim, the quality and characteristics of the causer of harm, conditions and conditions are the prerequisites for the situation itself as a source of increased danger. The generalization of judicial practice on the example of analyzing a specific case is an indicative example of the culprit of the incident avoiding responsibility and injustice of individual court decisions based on judicial discretion. Determining ways to improve the provisions of Article 1079 of the Civil Code of the Russian Federation, in our opinion, will ensure uniformity of judicial interpretation and, as a result, optimization of law enforcement in the field under consideration. However, our work outlines the common features of research for a number of new scientific problems that require further research work.
Deise Brião Ferraz, Marli Marlene Moraes da Costa
O objetivo geral deste apanhado é comparar o Protocolo “No Callamos”, de Barcelona - contra agressões e assédio sexual em espaços de ócio noturno privado e o Projeto de Lei nº 03, de 2023, brasileiro, que cria o Protocolo “Não é Não” de atendimento à mulher vítima de violência sexual ou assédio em discotecas ou estabelecimentos noturnos, eventos festivos, bares, restaurantes ou qualquer outro estabelecimento de grande circulação de pessoas – esse último inspirado no primeiro. O que se pretende com o comparativo é estabelecer tensões, sugestões e observações que possam contribuir com a estruturação da iniciativa brasileira. Como objetivos específicos pretende-se explorar a racionalidade estruturante da violência virilista que objetifica sexualmente mulheres e meninas; compreender a estrutura do Protocolo de Barcelona; analisar as diretrizes do Protocolo brasileiro e, ao final, tecer comparativos que possam instrumentalizar melhorias e críticas ao projeto. Além dos próprios textos normativos, o principal referencial teórico adotado são os estudos sobre saúde mental e dispositivos de gênero, de Valeska Zanello. Trata-se de pesquisa exploratória diante da inovação e da escassez de estudos que abordem o tema. O método de abordagem utilizado é o estudo comparado. A conclusão aponta para a necessidade de que o Protocolo brasileiro foque sua atuação em função da vítima e sua dignidade, prioritariamente, e não na persecução penal, desenvolvendo fluxos de atendimento e estratégias comunicativas claras, pois só assim o projeto brasileiro poderá colaborar com a promoção de formas mais igualitárias de acesso ao ócio e lazer para as mulheres.
Kang Ge, Chen Wang, Yutao Guo et al.
Large-scale foundation models have become the mainstream deep learning method, while in civil engineering, the scale of AI models is strictly limited. In this work, a vision foundation model is introduced for crack segmentation. Two parameter-efficient fine-tuning methods, adapter and low-rank adaptation, are adopted to fine-tune the foundation model in semantic segmentation: the Segment Anything Model (SAM). The fine-tuned CrackSAM shows excellent performance on different scenes and materials. To test the zero-shot performance of the proposed method, two unique datasets related to road and exterior wall cracks are collected, annotated and open-sourced, for a total of 810 images. Comparative experiments are conducted with twelve mature semantic segmentation models. On datasets with artificial noise and previously unseen datasets, the performance of CrackSAM far exceeds that of all state-of-the-art models. CrackSAM exhibits remarkable superiority, particularly under challenging conditions such as dim lighting, shadows, road markings, construction joints, and other interference factors. These cross-scenario results demonstrate the outstanding zero-shot capability of foundation models and provide new ideas for developing vision models in civil engineering.
Dong Quan Ngoc Nguyen
In this paper, we establish an explicit higher reciprocity law for the polynomial ring over a nonprincipal ultraproduct of finite fields. Such an ultraproduct can be taken over the same finite field, which allows to recover the classical higher reciprocity law for the polynomial ring $\mathbb{F}_q[t]$ over a finite field $\mathbb{F}_q$ that is due to Dedekind, Kühne, Artin, and Schmidt. On the other hand, when the ultraproduct is taken over finite fields of unbounded cardinalities, we obtain an explicit higher reciprocity law for the polynomial ring over an infinite field in both characteristics $0$ and $p >0$ for some prime $p$. We then use the higher reciprocity law to prove an analogue of the Grunwald--Wang theorem for such a polynomial ring in both characteristics $0$ and $p > 0$ for some prime $p$.
Z. N. Osmanov
We considered the question of how our artificial constructions are visible to advanced extraterrestrial civilizations. Taking the universality of the laws of physics, we found that the maximum distance where the detection is possible is of the order of $3000$ ly and under certain conditions Type-II advanced alien societies might be able to resolve this problem.
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