Recunoașterea puterii din oficiu a judecătorului în litigii de consum

2020 ◽  
Vol 2020 (2020) ◽  
pp. 76-90
Author(s):  
Olesea PLOTNIC ◽  
◽  
Dorin DULGHERU ◽  

"In consumer dispute, litigation most of the time brings together a professional and a consumer who very often does not appear or appear alone in front of the judge, but does not really defend himself. The temptation of some judges here is to come to the aid of the party who does not appear or who does not defend himself well and therefore to apply the consumer protection rules ex officio. On this point, French and European case law has long been contradictory. In order to harmonize national law with European law, the French legislator confers to the judge the power to apply ex officio the provisions of the Consumer Code by means of the ex officio statement. The effectiveness of European consumer law, both protecting consumers and regulating the market, justifies the creation of an autonomous procedural law rather than an instrumentalisation of the ex officio recording of legal remedies. In these circumstances it is important to see the evolution of the recognition of the power of the judge ex officio, on the one hand, from the denial of said power to the faculty to do so (§ 1st) and, on the other hand, the power to waive ex officio the obligation to do so (§ 2nd)."

Imbizo ◽  
2020 ◽  
Vol 11 (2) ◽  
Author(s):  
Naomi Epongse Nkealah ◽  
Olutoba Gboyega Oluwasuji

Ideas of nationalisms as masculine projects dominate literary texts by African male writers. The texts mirror the ways in which gender differentiation sanctions nationalist discourses and in turn how nationalist discourses reinforce gender hierarchies. This article draws on theoretical insights from the work of Anne McClintock and Elleke Boehmer to analyse two plays: Zintgraff and the Battle of Mankon by Bole Butake and Gilbert Doho and Hard Choice by Sunnie Ododo. The article argues that women are represented in these two plays as having an ambiguous relationship to nationalism. On the one hand, women are seen actively changing the face of politics in their societies, but on the other hand, the means by which they do so reduces them to stereotypes of their gender.


Author(s):  
Hugh H. Benson
Keyword(s):  
The One ◽  

This chapter presents a reading of Plato’s Euthyphro, Apology, and Crito. These dialogues, in which Plato depicts the weeks leading up to Socrates’s last day, are replete with various philosophical explorations. Among those explorations is the question of how to live our lives. On the one hand, Socrates is clear and straightforward. We should live the examined life—making logoi and examining ourselves and others in order to determine whether we are as wise as we think we are, and we should live the virtuous life. This is how Socrates lives his life. On the other hand, the examined life undercuts, or at least should undercut, the confidence with which he seeks to live the virtuous life. It may help bring some stability to the general principles by which he lives his life, but it can do so only defeasibly and without certainty.


1984 ◽  
Vol 98 (2) ◽  
pp. 98-109 ◽  
Author(s):  
J. Bruyn

AbstractFrom 1911 to 1961 Félix Chrétien, secretary to François de Dinteville II, Bishop of Auxerre in Burgundy, and from 1542 onwards a canon in that town, was thought to be the author of three remarkable paintings. Two of these were mentioned by an 18th-century local historian as passing for his work: a tripych dated 1535 on the central panel with scenes from the legend of St. Eugenia, which is now in the parish church at Varzy (Figs. 1-3, cf. Note 10), and a panel dated 1550 with the Martyrdom of St. Stephen in the ambulatory of Auxerre Cathedral. To these was added a third work, a panel dated 1537 with Moses and Aaron before Pharaoh, which is now in New York (Figs. 4-5, cf. Notes I and 3). All three works contain a portrait of François de Dinteville, who is accompanied in the Varzy triptych and the New York panel (where he figures as Aaron) by other portrait figures. In the last-named picture these include his brothers) one of whom , Jean de Dinteville, is well-known as the man who commissioned Holbein's Ambassadors in 1533. Both the Holbein and Moses and Aaron remained in the family's possession until 1787. In order to account for the striking affinity between the style of this artist and that of Netherlandish Renaissance painters, Jan van Scorel in particular, Anthony Blunt posited a common debt to Italy, assuming that the painter accompanied François de Dinteville on a mission to Rome in 1531-3 (Note 4). Charles Sterling) on the other hand, thought of Netherlandish influence on him (Note 5). In 1961 Jacques Thuillier not only stressed the Northern features in the artist's style, especially in his portraits and landscape, but also deciphered Dutch words in the text on a tablet depicted in the Varzy triptych (Fig. I) . He concluded that the artist was a Northerner himself and could not possibly have been identical with Félix Chrétien (Note 7). Thuillier's conclusion is borne out by the occurrence of two coats of arms on the church depicted in the Varzy triptych (Fig. 2), one of which is that of a Guild of St. Luke, the other that of the town of Haarlem. The artist obviously wanted it to be known that he was a master in the Haarlem guild. Unfortunately, the Haarlem guild archives provide no definite clue as to his identity. He may conceivably have been Bartholomeus Pons, a painter from Haarlem, who appears to have visited Rome and departed again before 22 June 15 18, when the Cardinal of S. Maria in Aracoeli addressed a letter of indulgence to him (without calling him a master) care of a master at 'Tornis'-possibly Tournus in Burgundy (Note 11). The name of Bartholomeus Pons is further to be found in a list of masters in the Haarlem guild (which starts in 1502, but gives no further dates, Note 12), while one Bartholomeus received a commission for painting two altarpiece wings and a predella for Egmond Abbey in 1523 - 4 (Note 13). An identification of the so-called Félix Chrétien with Batholomeus Pons must remain hypothetical, though there are a number of correspondences between the reconstructed career of the one and the fragmentary biography of the other. The painter's work seems to betray an early training in a somewhat old-fashioned Haarlem workshop, presumably around 1510. He appears to have known Raphael's work in its classical phase of about 1515 - 6 and to have been influenced mainly by the style of the cartoons for the Sistine tapestries (although later he obviously also knew the Master of the Die's engravings of the story of Psyche of about 1532, cf .Note 8). His stylistic development would seem to parallel that of Jan van Scorel, who was mainly influenced by the slightly later Raphael of the Loggie. This may explain the absence of any direct borrowings from Scorel' work. It would also mean that a more or less Renaissance style of painting was already being practised in Haarlem before Scorel's arrival there in 1527. Thuillier added to the artist's oeuvre a panel dated 1537 in Frankfurt- with the intriguing scene of wine barrels being lowered into a cellar - which seems almost too sophisticated to be attributed to the same hand as the works in Varzy and New York, although it does appear to come from the same workshop (Fig. 6, Note 21). A portrait of a man, now in the Louvre, was identified in 197 1 as a fragment of a work by the so-called Félix Chrétien himself (Fig. 8, Note 22). The Martyrdom of St. Stephen of 1550 was rejected by Thuillier because of its barren composition and coarse execution. Yet it seems to have too much in common with the other works to be totally separated, from them and may be taken as evidence that the workshop was still active at Auxerre in 1550.


1998 ◽  
Vol 16 (4) ◽  
pp. 387-400 ◽  
Author(s):  
Felicity J Callard

Geographers are now taking the problematic of corporeality seriously. ‘The body’ is becoming a preoccupation in the geographical literature, and is a central figure around which to base political demands, social analyses, and theoretical investigations. In this paper I describe some of the trajectories through which the body has been installed in academia and claim that this installation has necessitated the uptake of certain theoretical legacies and the disavowal or forgetting of others. In particular, I trace two related developments. First, I point to the sometimes haphazard agglomeration of disparate theoretical interventions that lie under the name of postmodernism and observe how this has led to the foregrounding of bodily tropes of fragmentation, fluidity, and ‘the cyborg‘. Second, I examine the treatment of the body as a conduit which enables political agency to be thought of in terms of transgression and resistance. I stage my argument by looking at how on the one hand Marxist and on the other queer theory have commonly conceived of the body, and propose that the legacies of materialist modes of analysis have much to offer current work focusing on how bodies are shaped by their encapsulation within the sphere of the social. I conclude by examining the presentation of corporeality that appears in the first volume of Marx's Capital. I do so to suggest that geographers working on questions of subjectivity could profit from thinking further about the relation between so-called ‘new’ and ‘fluid’ configurations of bodies, technologies, and subjectivities in the late 20th-century world, and the corporeal configurations of industrial capitalism lying behind and before them.


PMLA ◽  
1937 ◽  
Vol 52 (4) ◽  
pp. 1183-1190
Author(s):  
George W. Whiting

To the student of writing and literature few inquiries are more interesting and valuable than that into an author's practices in revising his own work. To observe the various stages in the evolution of the final version, to note carefully an artist at his work of pruning the dead wood, adding fresh material, smoothing away harsh phrases, selecting just words, and letting light into obscure places—to do this is to come somewhat nearer to an understanding of what in spite of all analysis will remain essentially a mystery. Especially fascinating and instructive is the study of Conrad's revision, for here one sees a supreme artist at work. In his vigorous hewing and rebuilding there is conclusive proof of the artist's untiring industry and consummate skill. Conrad's revision of Nostromo is of particular interest, for this novel occupies a critical place in the evolution of Conrad's prose. Mr. Richard Curie has justly characterized the change that came over Conrad's prose—a change perceptible in the “Amy Foster” of Typhoon and fully marked in from Under Western Eyes onward. This evolution has smoothed away the cadence, has concentrated the manner, has toned down the style of Conrad's former exuberance. At first glance the later and the earlier Conrad appear two totally different men. The unruly splendor of the one has given way to the subtle and elastic suavity of the other … His earlier prose is sometimes uncertain, sometimes exaggerated, but his later prose has the uniform temper of absolute mastery.


Derrida Today ◽  
2009 ◽  
Vol 2 (2) ◽  
pp. 260-270
Author(s):  
Francesco Vitale

The paper aims to present a reading of the question of Testimony rising in Derrida's later works (from Faith and Knowledge to Poetics and Politics of Witnessing): the experience of Testimony as the irreducible condition of the relation to the Other, of every possible link among living human singularities and, thus, of the thinking of a community to come. This thinking is able to divert the community from the economy grounding and structuring it within our political tradition governed by the metaphysics of presence, which demands the sacrifice of the Other in its multiple theoretical and practical forms. We intend to read this proposal and to point out its rich perspectives by bringing it into the articulation of an ethical-political archi-writing. So we suggest going back to Derrida's early analyses of phenomenology and to De la grammatologie in order to present a reading of archi-writing as the irreducible condition of the relation to otherness and, thus, of the experience through which a living human singularity constitutes itself, a singularity different from the one our tradition compels us to think of within the pattern of the absolute presence to the self, free from the relation to the other.


2018 ◽  
Author(s):  
Michael J. Morgan ◽  
Joshua A. Solomon

AbstractIt is usually assumed that sensory adaptation is a universal property of human vision. However, in two experiments designed to measure adaptation without bias, we have discovered a minority of participants who were unusual in the extent of their adaptation to motion. One experiment was designed so that targets would be invisible without adaptation; the other, so that adaptation would interfere with target detection. In the first, participants adapted to a spatial array of moving Gabor patches. On each trial the adapting array was followed by a test array in which but all of the test patches except one were identical to their spatially corresponding adaptors; the target moved in the opposite direction to its adaptor. Participants were required to identify the location of the changed target with a mouse click. The ability to do so increased with the number of adapting trials. Neither search speed nor accuracy was affected by an attentionally-demanding conjunction task at the fixation point during adaptation, suggesting low-level (pre-attentive) sites in the visual pathway for the adaptation. However, a minority of participants found the task virtually impossible. In the second experiment the same participants were required to identify the one element in the test array that was slowly moving: reaction times in this case were elevated following adaptation. The putatively weak adapters from the first experiment found this task easier than the strong adapters.


2019 ◽  
Vol 9 (1) ◽  
pp. 13-17 ◽  
Author(s):  
Kata Csizér ◽  
Csaba Kálmán

Due to the emergence of the self in foreign/second language (L2) motivation theory and research following the introduction of the L2 Motivational Self System (L2MSS) (Dörnyei, 2005, 2009), the past decade has witnessed a surge of attention devoted to the two self dimensions: the Ideal L2 Self, and the Ought-to L2 self of the model (Boo, Dörnyei, & Ryan, 2015). The third core component, however, the L2 Learning Experience has become undeservedly marginalized. We think that such relative neglect has been brought about by two phenomena. On the one hand, the L2 Learning Experience, has so far been underconceptualized, and, as such, its intangible, amorphous nature has undermined its applicability in research on a similar scale that a more elaborate theorization of the other two future self-guides has enabled. On the other hand, by incorporating Markus and Nurius’ (1986) possible selves theory into L2 motivation research, Dörnyei was able to import adaptable and novel concepts to the field, which set the course of the research agenda for years to come.


2021 ◽  
Vol 24 (1) ◽  
pp. 37-46
Author(s):  
João Carlos Coimbra ◽  
Tiago Menezes Freire

A robust biostratigraphic zonation based on microfossils supports the stratigraphic framework and correlation of the interior basins of the Lower Cretaceous of NE Brazil. This zonation has also allowed correlations with coeval sections in the Brazilian marginal basins and in the Gabon and Congo basins (central-west Africa). These records, consisting mainly of non-marine sediments, were a great challenge with regard to the correlation with the International Chronostratigraphic Chart. Therefore, local stages were used, the most recent being the Alagoas local Brazilian Stage, with which the Post-rift Sequence I of the Araripe Basin is related. Regarding lithostratigraphy, this sequence includes the Rio da Batateira (Barbalha for some authors) and Santana formations, the last one with the famous Crato, Ipubi, and Romualdo members, from the base to the top. Although currently there is a consensus on the age of the Alagoas local Brazilian Stage in the Araripe Basin, recently a new age for at least part of the Post-rift Sequence I was proposed. This new proposal, based on isotopic analysis of Re-Os, arose as a panacea to correlate the Rio da Batateira Formation and the Crato and Ipubi members with the international stages. Surprisingly, their authors, although on the one hand, they seem to underestimate biostratigraphic results, on the other they seek to support their proposal from microfossils studied by previous authors, but they do so in an inappropriate way, leading readers to misinterpret their results. Therefore, this paper presents a critical review on the age of the Alagoas local Brazilian Stage in the Araripe Basin and nearby basins, refuting a Barremian age for part of the Post-rift Sequence I. Keywords: Alagoas local Brazilian Stage, biostratigraphy, ostracods, palynomorphs, radiometric ages.


2018 ◽  
Vol 49 ◽  
pp. 1-14
Author(s):  
Franz A. J. Szabo

In his great 1848 historical drama,Ein Bruderzwist im Hause Habsburg, the Austrian playwright Franz Grillparzer has Emperor Matthias utter the words that have often been applied to understanding the whole history of the Habsburg monarchy:Das ist der Fluch von unserm edeln Haus:Auf halben Wegen und zu halber TatMit halben Mitteln zauderhaft zu streben.[That is the curse of our noble house:Striving hesitatingly on half waysto half action with half means.]True as those sentiments may be of many periods in the history of the monarchy, the one period of which it cannotbe said is the second half of eighteenth century. The age of Maria Theresa, Joseph II, and Leopold II was perhaps the greatest era of consistent and committed reform in the four-hundred-year history of the monarchy. What I want to address in this article are some aspects of the dynamic of this reform era, and this falls into two categories. On the one hand, there is the broad energizing or motive force behind the larger development, and on the other, there are the ideas or assumptions that lay behind the policies adopted. As might be evident from the subtitle of my article, I propose to look primarily at the second of these categories. I do so because I think while Habsburg historiography has reached considerable consensus on the first, it has not looked enough on the second as an explanatory hermeneutic.


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