scholarly journals La distribución de los riesgos en las doctrinas laboral y civil ante la imposibilidad de cumplimiento de la prestación

2008 ◽  
pp. 73
Author(s):  
Javier Fernández-Costales Muñiz
Keyword(s):  
Great Part ◽  
Bilateral Relation ◽  
Private Autonomy ◽  
Labour Regulation

El contrato constituye una de las manifestaciones fundamentales del ejercicio de la autonomía privada. A través de él nacen, se modifican o bien extinguen gran parte de las relaciones jurídicas. A lo largo del desarrollo de una relación bilateral de carácter obligatorio pueden surgir hechos capaces de impedir u obstaculizar la ejecución de las prestaciones a las cuales se hubieren comprometido las partes. Ante tales hechos, es menester distinguir dos situaciones diferenciadas: la imposibilidad definitiva y la transitoria.La respuesta otorgada y las diferencias establecidas en este punto por la legislación civil, de un lado, y, de otro, especialmente, la normativa laboral frente a quien debe soportar la carga del riesgo en tales circunstancias centran el desarrollo de este estudio.<br /><br />The contract constitutes one of the fundamental manifestations of the exercise of the private autonomy. Across it they are born, they modify or extinguish great part of the juridical relations. Along the development of a bilateral relation of obligatory character there can arise facts capable of preventing or preventing the execution of the services to which they will have held the parts. Before such facts, it is necessary to distinguish two differentiated situations: the definitive impossibility and the transitory one.The granted response and the differences established in this point by the civil legislation, of a side, and, of other one, specially, the labour regulation opposite to whom it must support the load of the risk in such circumstances centres the development of this study.

Automated Border Control: Criminalizing the “Hidden Intent” of Migrant Embodiment

2019 ◽  
Vol 6 (2) ◽  
Author(s):  
Felicity Amaya Schaeffer
Keyword(s):  
Homeland Security ◽  
Racial Bias ◽  
Great Part ◽  
The Body ◽  
Industrial Complex ◽  
Border Control ◽  
Computer Engineering ◽  
Novel Technologies ◽  
Surveillance Technology ◽  
Border Zones

I argue that we are entering an automated era of border control that I label a border-biosecurity industrial complex. Funded in great part by the Department of Homeland Security (DHS), scientific research and automated surveillance technologies promise the state innovative and supposedly unbiased solutions to the challenge of border control and security. This article spotlights a border surveillance technology called AVATAR (Automated Virtual Agent for Truth Assessment in Real-Time). Analyzing this technology, which was funded by the DHS and developed by faculty at the University of Arizona’s National Center for Border Security and Immigration (BORDERS), allows me to assess how the emphasis on novel technologies to detect terrorists unleashes the search for ubiquitous surveillance devices programmed to detect deviant behavioral and physiological movements. I offer a wider view of this technology-in-the-making by analyzing how university research in aerial defense, the psychology of deception, the life sciences, and computer engineering influences the development of surveillance devices and techniques. I explore how, during a posthuman era, automated technologies detect and racialize “suspect life” under the guise of scientific neutrality and supposedly free from human interference. Suspect life refers to the racial bias preprogrammed into algorithms that compute danger or risk into certain human movements and regions such as border zones. As these technologies turn the body into matter, they present biological life as a more scientifically verifiable truth than human verbal testimony, moving border control from the adjudication of law through the subjective interview to the automated body that speaks a truth more powerful than a complex story can tell.

“Collective Redress” in European Competition Law

2016 ◽  
Vol 14 (4) ◽  
pp. 388-414
Author(s):  
Alexandra P. Mikroulea
Keyword(s):  
Hybrid System ◽  
Competition Law ◽  
Mixed System ◽  
Basic Question ◽  
Effective Implementation ◽  
The United Kingdom ◽  
Collective Redress ◽  
Opt Out ◽  
Private Autonomy ◽  
European Competition Law

AbstractOpt-in or opt-out? That is the basic question to be answered. The decision to promote actions of “opt-in” type as opposed to those of the “opt-out” type, for the sake of private autonomy, does not ensure the effective application of european competition law. On the contrary, it may decrease the application’s intensity and effectiveness. Recent reforms among European state members such as in the United Kingdom, Belgium, the Netherlands, Denmark and Norway are powerful indications that the opt-out principle may result in the effective implementation of competition law. There is no doubt that a mixed system (hybrid system), providing the court with the power to decide in favour of either the opt-in or the opt-out system, will result in better implementation of competition law. At the present time there are two pending cases in England (Dorothy Gibson and Mastercard) for which the decision on opt-out or opt-in are highly anticipated. Should the court decide, in one or both of the cases, on an opt-out approach, this will bring a momentous reevaluation of the entire collective redress concept.

The Union of Laughter and Forgetting? The European Union and the Construction of its own History

2006 ◽  
Author(s):  
Hernan Tesler-Mabe
Keyword(s):  
European Union ◽  
Great Part ◽  
The European Union ◽  
European Constitution ◽  
Close Study ◽  
Dramatic Shift ◽  
One Year ◽  
The Many ◽  
Teleological Interpretation ◽  
Compare And Contrast

As recently as one year ago, the European Union was seemingly on a direct path toward its avowed goal of "ever closer union." In numerous publications, EU authorities asserted that they had the confidence of European peoples desirous only of further integration. In the wake of the failed referenda for a European Constitution, however, enthusiasts of European Union can no longer be certain that their enterprise will succeed. The European Union, once strong and united, seems now an entity teetering on the edge of collapse. The reasons for such a dramatic shift are, of course, wide-ranging. Yet I would suggest that a great part of the general European disillusionment with European Union has come about as a result of the actions of the Europeanists themselves. Over the last decades, European officials have exhibited a frightfully high incidence of revisionism in their literature. This practice, I argue, has caused many Europeans to question the integrity of the project of European Union. For my presentation, I intend to undertake a close study of a selection of documents published by the European Communities. In this endeavour, I will compare and contrast the messages imparted in different editions of these works and consider the semiotic significance of the textual and non-textual language appearing therein. In this manner, I hope to achieve two aims. First, I mean to add a corrective element to a literature that, guided by a teleological interpretation of integration, endows integration with”logic" to be found only in hindsight. Second, I intend to examine the many meanings that the EU has had over its history and assess how closely policy has adhered to the ideological goals of prominent Europeanists. In sum, I hope to shed light on the fundamental disconnect between advocates of Europe and the "man on the street" and help establish a dialogue which may contribute to resolving the current impasse within the European Union. Full text available: https://doi.org/10.22215/rera.v2i4.178

The Unknowable

2020 ◽  
Author(s):  
W. J. Mander
Keyword(s):  
Nineteenth Century ◽  
Great Part ◽  
Victorian Britain ◽  
History Of ◽  
First Philosophy

This book presents a history of nineteenth century metaphysics in Britain, providing close textual readings of the key contributions to First Philosophy made by the key philosophers of the period (such as Hamilton, Mansel, Spencer, Mill, and Bradley) as well as some lesser known figures (such as Bain, Clifford, Shadworth Hodgson, Ferrier, and John Grote). The story focuses on the elaboration of, and differing reactions to, the concept of the unknowable or unconditioned, first developed by Sir William Hamilton in the 1829. The idea of an ultimate but unknowable way that things really are in themselves may be seen as supplying a narrative arc that runs right through the metaphysical systems of the period in question as, relative to this concept, these thought schemes may be divided into three broad groups which were roughly consecutive in their emergence but also overlapping as they continued to develop. In the first instance there were the doctrines of the agnostics who further progressed Hamilton’s basic idea that fundamental reality lies for the great part beyond our cognitive reach, but these philosophies were followed, immediately by those of the empiricists and, in the last third of the century by those of the idealists, both of whom—albeit in profoundly different ways—reacted against the epistemic pessimism of the agnostics. By presenting, interpreting, criticizing and connecting together their various contrasting ideas this book explains how these three traditions developed and interacted with one another to comprise the history of metaphysics in Victorian Britain.

scholarly journals Catalogue of the primatological collection of the Torino University

2016 ◽  
Vol 3 (2) ◽  
pp. 3 ◽  
Author(s):  
Mara Calvini ◽  
Maria Stella Siori ◽  
Spartaco Gippoliti ◽  
Marco Pavia
Keyword(s):  
20Th Century ◽  
19Th Century ◽  
Great Part ◽  
Type Specimen ◽  
Zoological Garden ◽  
Historical Material ◽  
The 19Th Century ◽  
First Time

The revised catalogue of primatological material stored in the Museo Regionale di Scienze Naturali of Torino and in the Dipartimento di Scienze della Vita e Biologia dei Sistemi of the Università degli Studi di Torino and belonging to the historical material of the Torino University is introduced. The material, 494 specimens belonging to 399 individuals of 122 taxa, is of particular importance since specimens were mainly obtained during the 19th Century and the beginning of the 20th Century. A relevant part of the collection was created by the collaborators of the Museum, among which it is worth to mention F. De Filippi, A. Borelli and E. Festa, while other material came from purchases and donations from private people or the Royal Zoological Garden of Torino. Great part of the specimens is stuffed but also the osteological materials are of particular importance, as many of them derived from the specimens before being prepared and consisting of skulls or more or less complete skeletons. After this revision, the Lectotype and Paralectotypes of <em>Alouatta</em> <em>palliata</em> <em>aequatorialis</em> have been selected, and the type-specimen of the <em>brunnea</em> variety of <em>Cebus</em> <em>albifrons</em> <em>cuscinus</em> has been recognized. In addition, some specimens of particular historical-scientific importance have also been identified and here presented for the first time.

Between entrepreneurs and workers: Cleavages and compromises in rationales and policy solutions regarding ‘dependent contractors’

2021 ◽  
pp. 0143831X2110303
Author(s):  
Louis Florin ◽  
François Pichault
Keyword(s):  
Social Protection ◽  
Policy Framework ◽  
Policy Documents ◽  
The Social ◽  
Political Narratives ◽  
Social Partners ◽  
Narrative Policy Framework ◽  
Policy Solutions ◽  
The Eu ◽  
Labour Regulation

The emergence of dependent contractors challenges the existing institutions regarding social protection and labour regulation. This article aims at identifying the political narratives that explain the emergence of New Forms of Employment (NFE) and dependent contracting along with the policy solutions proposed by the social partners at the EU and international level. By analysing policy documents from the social partners through the lens of a qualitative version of the Narrative Policy Framework (NPF), the authors indentify two distinct narratives – ‘devaluation of work’ and ‘entrepreneurship and flexibility’. The authors show how these rationales lead to various policy solutions and identify oppositions and possible compromise.

scholarly journals Blockchain Disrupting Fintech and the Banking System

Proceedings ◽  
2021 ◽  
Vol 74 (1) ◽  
pp. 24
Author(s):  
Eduard Alexandru Stoica ◽  
Daria Maria Sitea
Keyword(s):  
Artificial Intelligence ◽  
Machine Learning ◽  
Big Data ◽  
Financial Institutions ◽  
New World ◽  
Great Part ◽  
Banking System ◽  
Daily Activities ◽  
Blockchain Technology ◽  
Almost All

Nowadays society is profoundly changed by technology, velocity and productivity. While individuals are not yet prepared for holographic connection with banks or financial institutions, other innovative technologies have been adopted. Lately, a new world has been launched, personalized and adapted to reality. It has emerged and started to govern almost all daily activities due to the five key elements that are foundations of the technology: machine to machine (M2M), internet of things (IoT), big data, machine learning and artificial intelligence (AI). Competitive innovations are now on the market, helping with the connection between investors and borrowers—notably crowdfunding and peer-to-peer lending. Blockchain technology is now enjoying great popularity. Thus, a great part of the focus of this research paper is on Elrond. The outcomes highlight the relevance of technology in digital finance.

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