scholarly journals Rinegoziazione e default rule

2020 ◽  
Author(s):  
Matteo De Pamphilis
Keyword(s):  
Health Sector ◽  
Default Rule ◽  
Alma Mater ◽  
Public And Private ◽  
Public Intervention ◽  
Private Action

"Nella lunga vita di molti contratti, possono verificarsi eventi imprevisti che incrinano l’equilibrio, soprattutto economico, delle reciproche prestazioni. Il discorso intorno al diritto-dovere di rinegoziare gli accordi esposti a sopravvenienze è ormai un tema classico del diritto civile, che rispunta ciclicamente in occasione di eventi di rilevanza mondiale capaci di compromettere la tenuta di innumerevoli contratti in corso. La pandemia di COVID-19 è solo l’ultimo esempio in ordine di tempo. Questa ricerca si propone di individuare il miglior approccio giuseconomico per affrontare il dilemma della rinegoziazione, in prospettiva strutturale, cercando di coniugare le soluzioni proposte dagli interpreti del diritto civile con i contributi di analisi economica del diritto, nella prospettiva della riforma del codice civile italiano e della progressiva armonizzazione del diritto privato europeo e internazionale. In questo percorso, l’individuazione di una regola di default stabile e duratura per un contesto mutevole e multiforme è forse la contraddizione in termini che più vale la pena affrontare. Matteo de Pamphilis, dopo la laurea in Giurisprudenza e il conseguimento del dottorato di ricerca in Diritto civile nell’Università di Bologna, collabora con la stessa Alma Mater come professore a contratto e tutor didattico in materie privatistiche. Negli ultimi anni è stato docente degli insegnamenti in lingua inglese Planning and public intervention in the lifestyle and health sector e Public and private action for the development of services nel corso di laurea magistrale in Wellness culture: sport, health and tourism. È socio aggregato dell’Associazione Civilisti Italiani e svolge la professione di avvocato nel Foro di Bologna, prevalentemente nel settore civile, commerciale e concorsuale."

scholarly journals Intervención pública en el paisaje urbano en Madrid. Un informe = Public intervention in the urban landscape in Madrid. A report

2019 ◽  
pp. 26
Author(s):  
Antonio Díaz Sotelo
Keyword(s):  
Economic Activity ◽  
Urban Landscape ◽  
Public And Private ◽  
Public Intervention ◽  
The Public ◽  
Historic Center ◽  
Commercial Landscape ◽  
The Relationship ◽  
The City

ResumenEl objeto de este texto es la exposición y análisis de los procedimientos de intervención pública en el paisaje urbano de la ciudad de Madrid. El objetivo último de ese análisis es identificar el modelo público para el paisaje urbano en Madrid.  Este texto se centra en la exposición analítica de documentos oficiales antes que en sus conclusiones definitivas, por lo que le corresponde la denominación de Informe.  Este informe se organiza en dos partes: una exposición teórica que enmarca el posterior análisis de instrumentos administrativos de intervención en el paisaje.  Se concibe como parte de la investigación de Tesis Doctoral titulada “Transformación Reciente del Paisaje Comercial en el Centro Histórico”, acotada en un marco temporal de apenas diez años, marcado por la crisis y la desregulación económica, y en un marco territorial limitado al centro histórico de Madrid. Esa investigación se enmarca en una reflexión general sobre la relación entre actividad económica y paisaje urbano. El interés de este informe para la investigación es sobre la utilidad de ese modelo público para el paisaje urbano en Madrid como parámetro para valorar la rentabilidad de los esfuerzos públicos y privados en la mejora de la calidad del paisaje urbano.AbstractThe purpose of this text is the exhibition and analysis of public intervention procedures in the urban landscape of the city of Madrid. The ultimate goal of this analysis is to identify the public model for the urban landscape in Madrid. This text focuses on the analytical exposition of official documents rather than on their final conclusions, for which reason the denomination of Report corresponds. This report is organized in two parts: a theoretical exposition that frames the subsequent analysis of administrative instruments of intervention in the landscape. It is conceived as part of the Doctoral Thesis research titled "Recent Transformation of the Commercial Landscape in the Historic Center", bounded within a period of just ten years, marked by the crisis and economic deregulation, and in a territorial framework limited to the historic center of Madrid. This research is part of a general reflexion on the relationship between economic activity and urban landscape. The interest of this report for the investigation is about the utility of that public model for the urban landscape in Madrid as a parameter to assess the profitability of public and private efforts in improving the quality of the urban landscape.

Clinical update on public and private psychiatric practice shared-care partnerships – Can the twain work together?

2021 ◽  
pp. 103985622110528
Author(s):  
Jeffrey C.L. Looi ◽  
Michelle Atchison ◽  
May Matias
Keyword(s):  
Policy Development ◽  
Health Sector ◽  
Mental Healthcare ◽  
Shared Care ◽  
Psychiatric Practice ◽  
Public And Private ◽  
Health Strategy ◽  
Care Models ◽  
Private And Public ◽  
National Mental Health

Objective: We explore the previous research and current context regarding opportunities for shared-care partnerships between public and private psychiatric practice. Conclusions: Since the early 2000s, when there was impetus for the development of public-private psychiatric shared-care models as part of a previous National Mental Health Strategy, there has been surprisingly little research and policy development. Given an apparent exodus of psychiatrists to private practice due to current challenges facing the public health sector, it is timely to reconsider models of private and public sector shared-care that may improve the quality of public mental healthcare.

Case Study

2019 ◽  
pp. 339-368
Author(s):  
Niamh Darcy ◽  
Sriyanjit Perera ◽  
Grades Stanley ◽  
Susan Rumisha ◽  
Kelvin Assenga ◽  
...  
Keyword(s):  
Community Development ◽  
Health Facility ◽  
Health Sector ◽  
Lessons Learned ◽  
Public Access ◽  
Public And Private ◽  
Positioning Systems ◽  
Health Community ◽  
Integrated Or

In 2009, the Tanzanian Ministry of Health, Community Development, Gender, Elderly and Children (MoHCDGEC) counted over 10 different health facility lists managed by donors, government ministries, agencies and implementing partners. These function-specific lists were not integrated or linked. The ministry's Health Sector Strategic Plan included the development of an authoritative source for all health facility information, called the Master Facility List (MFL). During development, the ministry adopted the term Health Facility Registry (HFR), an online tool providing public access to a database about all officially recognized health facilities (public and private). The MFL, which includes the health facility list at any specific point in time can be exported from the HFR. This chapter presents the Tanzanian case study describing the work and lessons learned in building the HFR—focusing on software development, introducing geographic positioning systems and harmonizing MFL data. MoHCDGEC launched the HFR public portal in September 2015.

Market of Resources for Health Care Teleservices Management

2010 ◽  
pp. 913-917 ◽  
Author(s):  
Maria Manuela Cunha ◽  
Goran D. Putnik ◽  
Ricardo Simões
Keyword(s):  
Social Services ◽  
Business Processes ◽  
Health Sector ◽  
Improve Patient Care ◽  
Public And Private ◽  
Services Sector ◽  
Health And Social Services ◽  
Strategic Direction ◽  
European Health ◽  
Improve Patient

According to a report on e-marketplaces for the health sector (Kuller, 2005), the European Health and Social Services sector is a complex web of “businesses” and “customers,” characterized by a combination of public and private providers who control the strategic direction and finances. The services are delivered by microbusinesses, that is, hospitals, clinics, general practitioners, and specialists, and delivered through government, public, or nonprofit bodies, not the private sector (although this is slowly changing in some countries) (Kuller, 2005). The resulting absence of the profit goal means that the motivation for changing business processes and implementing tools is driven by a need to improve “patient care,” and not a desire to make or save money. This partly explains why the Health and Social Services sector lags behind others with regard to IT infrastructure in place and e-business usage.

Public–Private Partnerships in the health sector: the Danish experience

2008 ◽  
Vol 3 (2) ◽  
pp. 141-163 ◽  
Author(s):  
KARSTEN VRANGBÆK*
Keyword(s):  
Health Care ◽  
Large Scale ◽  
Health Sector ◽  
Theoretical Models ◽  
Public Private Partnerships ◽  
Public And Private ◽  
Theoretical Approaches ◽  
General Terms ◽  
Danish Health ◽  
Private And Public

AbstractThis article investigates the current use of Public–Private Partnerships (PPP) in the Danish health sector based on an initial discussion of theoretical approaches that analyze PPP. The empirical analysis concludes that PPP has been used very sparsely in the Danish health sector. There are few examples of large-scale partnership projects with joint investment and risk taking, but a number of smaller partnerships such as jointly owned companies at the regional level. When defining PPP more broadly, we can identify a long tradition for various types of collaboration between public and private actors in health care in Denmark. An analysis of the regulatory environment is offered as an explanation for the limited use of PPPs in Denmark. Major political and institutional actors at the central level differ in their enthusiasm for the PPP concept, and the regulatory framework is somewhat uncertain. A number of general issues and concerns related to PPPs are also discussed. It is suggested that a risk-based framework can be useful for mapping the potential and challenges for both private and public partners. Such a framework can be used to feed into game theoretical models of pros and cons for PPP projects. In general terms, it is concluded that more empirical research is needed for the assessment of the various risk factors involved in using PPPs in health care. Most PPPs are still very young, and the evidence on performance and broader governance issues is only just emerging. Ideally, such assessments should include comparisons with a purely public alternative.

Audit of referral pathways in the diagnosis of lung cancer: a pilot study

2015 ◽  
Vol 21 (1) ◽  
pp. 106 ◽  
Author(s):  
Geraldine Largey ◽  
Samantha Chakraborty ◽  
Tracey Tobias ◽  
Peter Briggs ◽  
Danielle Mazza
Keyword(s):  
Lung Cancer ◽  
General Practice ◽  
Pilot Study ◽  
Medical Record ◽  
Multidisciplinary Team ◽  
Health Sector ◽  
Public And Private ◽  
Private Health Sector ◽  
Diagnosis Of Lung Cancer ◽  
Medical Record Audit

This pilot study sought to describe the diagnostic pathways for patients with lung cancer and explore the feasibility of a medical record audit for this purpose. An audit of 25 medical records of patients with a confirmed diagnosis of lung cancer was conducted, at a single outer metropolitan hospital in Victoria. Patients were presented to secondary care from general practice (n = 17, 68%), the emergency department (n = 3, 12%) or specialist rooms (n = 1, 4%). Those who journeyed through general practice experienced the longest median intervals to diagnosis (20 days, interquartile range 7–47). The majority of patients (n = 15, 60%) were referred by a specialist to a multidisciplinary team after a diagnosis had been confirmed but before treatment commenced. These patients waited a median of 20 days from their first specialist appointment to a multidisciplinary team appointment. This research illustrated that a variety of pathways to diagnosis exist. Critically, it requires patient data and additional auditing of primary, public and private health sector records to determine generalisability of findings and the effectiveness of a medical record audit as a data collection tool.

scholarly journals The Need for Multi-Sectoral Partnerships in the Healthcare of Islamic Developing Countries During the Coronavirus Pandemic

2021 ◽  
Author(s):  
Mahdieh Motamedi ◽  
Reza Vaezi ◽  
Seyed Mehdi Alvani ◽  
Davood Danesh Jafari
Keyword(s):  
Success Factors ◽  
Health Sector ◽  
Third Sector ◽  
Research Literature ◽  
Public Private Partnerships ◽  
Negative Effects ◽  
Public And Private ◽  
Health Related ◽  
The Government ◽  
Partnership Models

Nowadays, the field of healthcare is facing difficult issues in a way that both public and private sectors are fully aware of their inability to address emerging public health-related issues without the help of the other sector. Accordingly, public-private partnerships are put on the agenda in policy-related issues as a mechanism of cooperation between the public and private sectors to take into account the interests of both parties in the related contracts .From the late of 2019, the world is struggling with a new virus called the coronavirus, which has already cost a lot to the health sector. The partnership between the government and the private sector is very important to get through the corona period since the government alone cannot be responsible for the negative effects of the virus in the field of health. Considering the successes and failures of countries in the implementation of partnership models, a question arises as to how such partnerships for health development strategies can be attractive and effective in developing Islamic countries. In addition to the review of theoretical foundations of the subject and examining the development process of public-private partnerships, the study emphasizes the use of the third sector capacities. It further reviews the endowments and charitable affairs in the framework of multi-sectoral partnerships to develop health in the community with all available potentiality. The theoretical framework of the research includes the four steps of policy-making in the country, creating common perspectives among stakeholders, ensuring key success factors in the project, and reviewing the achievements of participation are considered. These policies are described after classifying and reconstructing the components in the research literature.

scholarly journals Big data - a review in health sciences

2016 ◽  
Vol 6 (1) ◽  
Author(s):  
Ayça Kurnaz Türkben ◽  
Emre Türkben ◽  
Dilek Karahoca ◽  
Adem Karahoca
Keyword(s):  
Big Data ◽  
Health Sector ◽  
Health Sciences ◽  
Health Science ◽  
Mobile Technologies ◽  
Review Of Literature ◽  
Public And Private ◽  
Review Study ◽  
The Cost

Technologies are changing very fast and data has an impact on the change of technology and development of world. Data are obtained by social media, the Internet and mobile technologies. For years, academics, researchers and companies utilize some sources and information to analyze them for their studies and jobs. Increasing usage of mobile devices, social networks, electronic records of customers in public and private sectors have led to increase in data. Obtained massive amount of data is called big data. There are a lot of description of big data in the literature, but simply it can be said that; big data is the data which have a massive size and can be obtained from every environment. One of these environment is health environment and it has grown fastly through that huge amount of data exist in this sector like patients’ electronic health record. Health sector has a high cost and decision will be taken as soon as possible and correctly in this sector in which timing is critically important. In this manner, the usage of big data in health is important to increase the quality of service, innovative health operations and decrease the cost. In this study, a brief review of literature has done for the use of big data in health sciences for last five years. Big data’s content, methods, advantages and difficulties are discussed in this review study. Keywords: Health science, Big data, Medicine, data mining

Part V Rights and Freedoms, B Rights and Freedoms under the Charter, Ch.37 Section 7: The Right to Life, Liberty, and Security of the Person

2017 ◽  
Author(s):  
Young Margot
Keyword(s):  
Environmental Degradation ◽  
First Century ◽  
Canadian Society ◽  
Right To Life ◽  
Public And Private ◽  
State Action ◽  
Private Action ◽  
Positive Rights ◽  
The Right ◽  
Progressive Potential

Section 7 jurisprudence shows strong application of the rights to life, liberty, and security of the person to a range of state action and actors. However, courts have significantly limited the progressive potential of these rights through two doctrinal concerns: the negative/positive rights distinction and causation issues. The result is a bounded jurisprudence reflecting both the strengths and weakness of liberal legalism. In particular, claims targeting the twenty-first century crises of Canadian society—social and economic inequality, as well as environmental degradation—while meaningfully apiece with the values of life, liberty, and security of the person, are unlikely to succeed under section 7 without critical and pointed judicial movement beyond liberalism’s divide between public and private action.

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