scholarly journals L'abus de pouvoirs du mandataire en droit civil québécois

2005 ◽  
Vol 19 (1) ◽  
pp. 55-103
Author(s):  
Claude Fabien
Keyword(s):  
Civil Code ◽  
Third Parties ◽  
The Other ◽  
Conservative Approach ◽  
Other Hand ◽  
One Step

The purpose of this article is to study the rules governing the phenomenon of mandatories abusing their powers, under Quebec Civil Code. It also reviews the rules proposed by the Civil Code Revision Office in its 1971 and 1976 Reports on the contract of Mandate and in its 1976 Report on administration of property of others. It shows that on many issues the Office has chosen a rather conservative approach and decided to stick to time-proven rules. It also flags the areas where the Office advocates new rules, with appropriate comments. The article is divided in two parts, the first one dealing with the scope of abuse of powers, the second with its effects. Part one asks « When does a mandatory abuse his powers ? » and answers by distinguishing between the wrongful exercise of mandatory's actual powers and the exercise, right or wrong, of non-existant powers. Part two then asks « What are the effects of abuses of powers ? » and deals on one hand with the liability towards third parties of both mandators and mandatories, and on the other hand with the liability of mandatories towards their mandators. The interest of part one lies mainly with the distinction it makes between two types of abuses of powers and with the analysis of the remarkable contribution of the Report on administration of the property of others into the field of Mandate. Part two derives its interest from the study of rules aimed at protecting third parties against abuses of powers of mandatories, and from testing the relevance of distinguishing between two types of abuses of powers. One conclusion, among others, emerges from this article. Mandators are fully liable towards third parties when mandatories abuse their powers by using them wrongfully. Conversely mandators are not liable when mandatories abuse their powers by using non-existant powers, although this principle suffers exceptions numerous enough to constitute a genuine regime of protections for third parties against self-empowered mandatories. The article suggests however that Quebec Law could go one step further by improving protection of third parties under the existing notion of apparent mandate, especially for those dealing with companies.

scholarly journals Inovações do Código Civil Brasileiro de 2002 na Disciplina do Negócio Jurídico Simulado

2013 ◽  
Vol 8 (1) ◽  
Author(s):  
Angela Cristina Viero
Keyword(s):  
Legal System ◽  
Civil Code ◽  
Third Parties ◽  
Good Faith ◽  
The Other ◽  
Legal Certainty ◽  
Other Hand ◽  
The World

Resumo: O presente artigo tem por objetivo analisar a disciplina do Código Civil de 2002 no que se refere à simulação nos negócios jurídicos. O Código Civil atualmente em vigor inovou na regulamentação dos negócios jurídicos simulados em relação ao Código Civil revogado, fundamentalmente quanto à causa da simulação para que o fenômeno seja relevante para o Direito, bem como no que concerne à dimensão no mundo dos fatos jurídicos em que se situa o negócio jurídico simulado, com implicações nos efeitos da simulação entre aqueles que dele participam (partes) e aqueles que lhe são alheios (terceiros). Da sanção de nulidade prevista no art. 167, caput, decorre a possibilidade de arguição da simulação entre as partes entre si, circunstância que deve ser analisada com cautela em cada caso concreto, a fim de evitar que o escopo da simulação, quando fraudulenta, seja concretizado. Por outro lado, prevê o Código Civil de 2002 a inoponibilidade da simulação pelas partes em face dos terceiros de boa-fé, em homenagem à tutela da confiança com a finalidade de preservação da segurança jurídica. Não obstante, quanto a este último aspecto, não há previsão de critérios que auxiliem na solução de eventuais conflitos entre diferentes categorias de terceiros de boa-fé. Palavras-chave: Negócio Jurídico Simulado; Código Civil brasileiro de 2002; Causa da simulação; Nulidade; Efeitos. Abstract: This article aims to analyze the normative discipline of the simulated transactions on the Brazilian Civil Code of 2002. The Civil Code currently in force has innovated on the rules about simulated transactions in comparison to the revoked Civil Code, fundamentally in relation at the motive of the simulation to become relevant for the legal system, as well as concerning the dimension on the world of facts in which are situated the simulated transactions, involving the effects of the simulation among the participants on it (parties) and those who are out of it (third parties). From the nullity sanction settled by the art. 167, caput, arises the possibility to argue for the simulation of the parties among themselves, circumstance that must be analyzed prudently in each case, to avoid that the objective pursued with the simulation, when it is fraudulent, to be rendered concrete. By the other hand, the Civil Code of 2002 settles to the parties the impossibility of opposing the simulation against thirds parties in good faith, in honor to protect trust intending to preserve legal certainty. Nevertheless, as far as this last aspect is concerned, there are not forecasted criteria to support solutions for eventual conflicts between different categories of thirds parties in good faith.        Keywords: Simulated transactions; Brazilian Civil Code of 2002; Motive of simulation; Nullity; Effects. 

scholarly journals PROFIT AND LOSS SHARING IN THE PARTNERSHIP AGREEMENT UNDER THE NEW ROMANIAN CIVIL CODE

2013 ◽  
Vol 7 (2) ◽  
Author(s):  
Amelia Veronica Singh
Keyword(s):  
Ab Initio ◽  
Profit Sharing ◽  
Civil Code ◽  
The Other ◽  
Other Hand ◽  
The Law ◽  
Partnership Agreement ◽  
The One ◽  
Profit Share

The new Romanian Civil Code regulations have reconfirmed the rule ofproportionality when speaking about profit and loss in a partnership agreement. Basically,the law does not require that the participation of partners in profit and loss be necessarilyproportional to their contribution to the society’s capital and the associates can evendetermine their share of benefits and losses. In case the associates establish by contract onlytheir share of benefits, then their contribution to losses will become proportional to theirprofit share. If the share of profit is not proportionally equal with the contribution, then thecontribution to debts will be proportional with the profit share and not with the contributionbrought to the capital.One must keep in mind as compulsory the condition that each partner shouldparticipate both in profit and loss sharing. On the one hand, a partner cannot reserve all thebenefit for himself only, while on the other hand the partners cannot decide that one orseveral of them are exempted from participating in loss sharing. Also, they cannot set aprovision by which a partner is excluded wither from profit sharing or from participation inloss, as this provision would be void ab initio.

scholarly journals Functional Effects of Receptor-Binding Domain Mutations of SARS-CoV-2 B.1.351 and P.1 Variants

2021 ◽  
Vol 12 ◽  
Author(s):  
Rafael Bayarri-Olmos ◽  
Ida Jarlhelt ◽  
Laust Bruun Johnsen ◽  
Cecilie Bo Hansen ◽  
Charlotte Helgstrand ◽  
...  
Keyword(s):  
Receptor Binding ◽  
Convergent Evolution ◽  
Binding Domain ◽  
Viral Fitness ◽  
The Other ◽  
Receptor Binding Domain ◽  
Gain Of Function ◽  
Other Hand ◽  
One Step

The recent identification and rise to dominance of the P.1 and B.1.351 SARS-CoV-2 variants have brought international concern because they may confer fitness advantages. The same three positions in the receptor-binding domain (RBD) are affected in both variants, but where the 417 substitution differs, the E484K/N501Y have co-evolved by convergent evolution. Here we characterize the functional and immune evasive consequences of the P.1 and B.1.351 RBD mutations. E484K and N501Y result in gain-of-function with two different outcomes: The N501Y confers a ten-fold affinity increase towards ACE-2, but a modest antibody evasion potential of plasma from convalescent or vaccinated individuals, whereas the E484K displays a significant antibody evasion capacity without a major impact on affinity. On the other hand, the two different 417 substitutions severely impair the RBD/ACE-2 affinity, but in the combined P.1 and B.1.351 RBD variants, this effect is partly counterbalanced by the effect of the E484K and N501Y. Our results suggest that the combination of these three mutations is a two-step forward and one step back in terms of viral fitness.

Network Based Fusion of Global and Local Information in Time Series Prediction with the Use of Soft-Computing Techniques

2010 ◽  
pp. 176-196
Author(s):  
Shun-Feng Su ◽  
Sou-Horng Li
Keyword(s):  
Time Series ◽  
Time Series Prediction ◽  
The Other ◽  
Good Prediction ◽  
Model Free ◽  
Local Prediction ◽  
Other Hand ◽  
Prediction Scheme ◽  
One Step ◽  
The One

Forecasting data from a time series is to make predictions for the future from available data. Thus, such a problem can be viewed as a traditional data mining problem because it is to extract rules for prediction from available data. There are two kinds of forecasting approaches. Most traditional forecasting approaches are based on all available data including the nearest data and far away data with respect to the time. These approaches are referred to as the global prediction scheme in our study. On the other hand, there also exist some prediction approaches that only construct their prediction model based on the most recent data. Such approaches are referred to as the local prediction schemes. Those local prediction approaches seem to have good prediction ability in some cases but due to their local characteristics, they usually fail in general for long term prediction. In this chapter, the authors shall detail those ideas and use several commonly used models, especially those model free estimators, such as neural networks, fuzzy systems, grey systems, etc., to explain their effects. Another issues discussed in the chapter is about multi-step predictions. From the author’s study, it can be found that those often-used global prediction schemes can have fair performance in both one-step-ahead predictions and multi-step predictions. On the other hand, good local prediction schemes can have better performance in the one-step-ahead prediction when compared to those global prediction schemes, but usually have awful performance for multi-step predictions. In this chapter, the authors shall introduce several approaches of combining local and global prediction results to improve the prediction performance.

Quantum period finding based on the Bernstein-Vazirani algorithm

2020 ◽  
Vol 20 (1&2) ◽  
pp. 65-84
Author(s):  
Xuexuan Hao ◽  
Fengrong Zhang ◽  
Yongzhuang Wei ◽  
Yong Zhou
Keyword(s):  
Polynomial Time ◽  
Quantum Memory ◽  
The Other ◽  
Symmetric Cryptography ◽  
Grover’S Algorithm ◽  
Key Recovery ◽  
Other Hand ◽  
Vectorial Function ◽  
One Step ◽  
Key Recovery Attack

Quantum period finding algorithms have been used to analyze symmetric cryptography. For instance, the 3-round Feistel construction and the Even-Mansour construction could be broken in polynomial time by using quantum period finding algorithms. In this paper, we firstly provide a new algorithm for finding the nonzero period of a vectorial function with O(n) quantum queries, which uses the Bernstein-Vazirani algorithm as one step of the subroutine. Afterwards, we compare our algorithm with Simon's algorithm. In some scenarios, such as the Even-Mansour construction and the function satisfying Simon's promise, etc, our algorithm is more efficient than Simon's algorithm with respect to the tradeoff between quantum memory and time. On the other hand, we combine our algorithm with Grover's algorithm for the key-recovery attack on the FX construction. Compared with the Grover-Meets-Simon algorithm proposed by Leander and May at Asiacrypt 2017, the new algorithm could save the quantum memory.

scholarly journals Gender and Digital Public Relations: Who Gets Benefits?

2021 ◽  
Vol 13 (1) ◽  
pp. 108-122
Author(s):  
Nobertus Ribut Santoso
Keyword(s):  
Public Relations ◽  
The Other ◽  
Good Communication ◽  
Public Relations Practitioners ◽  
Digital Era ◽  
Other Hand ◽  
Organizational Activity ◽  
Managerial Roles ◽  
One Step ◽  
Massive Development

Public relations professionals have been dominated by females since they have good communication skills and abilities in persuading and engaging in the conversation and listening the stakeholders to build and harmonize relationships them. However, male public relations practitioners dominate in the top positions since they have been participated in the managerial roles while female are in the technical roles. In the organization, female public relations practitioners face inequalities in social, professional, and economic areas and they also find it difficult to achieve higher position because the traditional patriarchy is still strongly practiced. It harder for them to break this barrier. Family and children, on the other hand, become big considerations for females to climb the higher position since it will give bigger responsibilities. Moreover, the massive development of digital technologies provides more opportunities for female public relations professionals to intensively engage with the stakeholders. On the other hand, these technologies bring privilege for males since they are more digital technical skills. To compete with males in digital public relations, females should enhance their digital skills, wisely manage their time, learn to take new challenges making them one step ahead, and actively participate in every organizational activity to voice their ideas and straighten up false assumptions and misconceptions about females.  Meanwhile, males should be versatile public relations professionals in the digital era by combining masculine and feminine values to find the best public relations practices.

scholarly journals A vagyoni értékű jogok apportálhatósága és az egységes szabályozás hiányának problematikája

2015 ◽  
Vol 12 (3-4) ◽  
pp. 114-120
Author(s):  
Zóra Zsófia Lehoczki
Keyword(s):  
Real Estate ◽  
Income Tax ◽  
Civil Code ◽  
Personal Income ◽  
The Other ◽  
Personal Income Tax ◽  
The Real Estate ◽  
Judicial Practice ◽  
Other Hand ◽  
The Right

According to the new Hungarian Civil Code, the funders of the legal entities have to make contributions to the authorised capital and the two forms of these contributions are the contribution is cash and the contribution in kind. The regulation states that proprietary rights can also be transferred to the capital of businness accociations, by those funders, who are entitled to demise them. The judicial practice unanimously defined the rules in those cases, when the object of contribution in kind is a certain proprietary right, especially when the right is connected to the real estate. On the other hand, the Civil Code does not contain a list of those proprietary rights, which can be transferred to the authorised capital and unfortunately, different acts contain different lists of these rights. The three mentioned acts are the following: the personal income tax act, the act about the fees and the accounting act. All of them contain a list of proprietary rights and some of the items are regulated by all the three of them but most of the items are different, which means it is impossible to create an accurate list of these rights. For example, the list in the personal income tax act contains only five items, on the other hand, the accounting act contains two lists and both of them are unfinised. Because of the lack of unified rules, it is impossible to define which proprietary rights can become the objects of contribution in kind and this misfortunate situation causes a lot of unwanted indefinability and states a lot of questions. In my essay I introduce this problem and I use a chart to illustrate the differences between the mentioned lists. In my opinion, this problem could be solved with an unified list, which is normative for every regulation in connection with the proprietary rights or the Civil Code should contain a list of those proprietary rights, which can be the objects of contribution in kind.

scholarly journals Death of the Breadwinner and the Continuation of the Duty of Spousal Support: Discrepancies and Inequalities for Different Categories of Surviving Partners

2020 ◽  
Vol 23 ◽  
pp. 1-19
Author(s):  
Elsje Bonthuys
Keyword(s):  
Financial Support ◽  
Spousal Support ◽  
Third Parties ◽  
The Other ◽  
Intimate Partners ◽  
Other Hand ◽  
The Law ◽  
The One

This note considers the extension of the duty of spousal support after the death of the breadwinner by comparing the rights of different categories of surviving maintenance claimants, who tend to be mostly women: widows of the deceased, unmarried intimate partners of the deceased and ex-wives and ex-partners of the deceased. Financial support can be provided from the deceased estate in the form of a right to share in the joint matrimonial estate, a right to intestate succession, a right to claim from the estate in terms of the Maintenance of Surviving Spouses Act and a right to claim for loss of support from third parties who who caused the death of the deceased breadwinner. Comparing different categories of women, it becomes clear that the law disproportionately benefits widows over other partners and that the rights of ex-spouses are being gradually eroded by the jurisprudence. There is also a discrepancy between rights to claim against deceased estates, which favours widows, on the one hand, and rights to claim against third parties, which is available to a far larger group of surviving maintenance claimants, on the other hand. The note analyses the gendered causes and consequences of these differences. 

scholarly journals Judical Review on The Authority of Subdistrict Head as A Temporary Land Deed Officials in The Making of Deed in Bojong Subdistrict, Tegal Regency

Jurnal Akta ◽  
2018 ◽  
Vol 5 (3) ◽  
pp. 735
Author(s):  
Muhammad Muamal ◽  
Amin Purnawan
Keyword(s):  
Land Rights ◽  
Civil Code ◽  
The Other ◽  
Public Officials ◽  
The Public ◽  
Other Hand ◽  
The Republic ◽  
The Government

The Sub-district head is appointed as temporary PPAT based on the provisions of the Act. It is due to there is not enough PPAT in the government area, so the government gives authority to the Sub-district head to serve the community in making deeds related to the transfer of Land Rights. In reality, not all sub-district heads are able to carry out their duties and authority. The constraints are due to the lack of Sub-district head knowledge about the duties and authority as PPAT, the number of Sub-district head duties in the government field which cause the affairs of the process of transferring rights to land are neglected and are often delegated to sub-district staff. Furthermore, the PPAT Deed Forms should not be used again since the enactment of the Regulations of the Republic of Indonesia National Land Number 8 year 2012. However, in reality many temporary PPAT or Sub-district heads still use the old forms which are no longer specified in the applicable Regulations. The deed made must be an Authentic Deed as stipulated in Article 1868 of the Civil Code concerning the Authentic Deed, namely a deed which is in the form prescribed by law, made by or before the public officials where the deed is made. On the other hand, the position as a PPAT must be in accordance with PP Number 37 year 1998 concerning the Regulation of the Position of the Land Deed Officials Keywords: Sub-district head Authority; Temporary PPAT; deed

Vacant inheritance, heirless inheritance and claims from Warsaw Decree (part II)

2019 ◽  
Vol 3 (3) ◽  
pp. 11-28
Author(s):  
Kamil Zaradkiewicz
Keyword(s):  
Civil Code ◽  
The State ◽  
The Other ◽  
Inheritance Law ◽  
Other Hand ◽  
Current Article ◽  
The Law ◽  
Post War ◽  
The One ◽  
Definition Of

The second part of the article concerns the interpretation and application in the central parts of Poland of the provisions of the Napoleonic Code on vacant inheritances. The Code does not provide a definition of the vacant inheritance. The key to the interpretation of the provisions on the acquisition of vacant inheritances by the state is the term “is presumed to be” (a vacant inheritance) used in the former Article 811 of the Napoleonic Code (French: est réputée vacante), see the current Article 809 of the French Civil Code which omits the term “is presumed to be”).This indicates that, in the absence of suitable heirs, the law introduced a specific rebuttable presumption of a vacant inheritance, belonging to the state. Only after an appropriate period of time did the presumption turn into certainty, i.e. it resulted in the inability to invoke the inheritance title. In practice, this meant that thirty years after the time necessary to draw up an inventory of the inheritance and to deliberate (ad deliberandum), the inheritance ultimately fell to the State. The mechanism adopted in the Napoleonic Code made it possible, on the one hand, for the heir to acquire the inheritance, which remained under the supervision of a curator for the period when it was presumed vacant, and on the other hand, it prevented the existence of inheritances without a claimant, i.e. inheritances devoid of the persons entitled to take them over. In the post-war period, when the communist authorities passed subsequent legal acts concerning the provisions of the inheritance law, the deadlines for heirs to apply for inheritance changed. Ultimately, the legislator did not adopt the model of vacant inheritances in the regulations harmonising the inheritance law on the Polish lands since 1947; instead, a solution analogous to the one provided for in the German Civil Code of 1986 (BGB) was adopted. The “shortening” of the statute of limitations also influenced the assessment of the admissibility of further application of the provisions of the Napoleonic Code in regard to vacant inheritances during the period of the People’s Republic of Poland regime (despite the existence of different inheritance law solutions).

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