Prestaţia compensatorie în Codul civil român

This study aims to describe the legal regime of the compensatory payment, with reference to the legislative framework, the sources of inspiration of the regulation, as well as to the current national case-law in this matter, which confirms, by the large number of cases solved after the entry into force of the Civil Code, the social utility of this legal institution. On the basis of the case law examples provided, the authors analyze the legal nature of the compensatory allowance by distinguishing it from similar institutions – the maintenance obligation between ex-spouses or the right to compensation – the conditions to be fulfilled when granting compensatory payment, the criteria used to impose, modify or terminate the obligation, and the substantive and procedural law difficulties of these disputes.

Encouraging and Advancing the Reconversion of Rubber Plantations: Developing Incentives Using a Combined Market and Government Payment System

In various regions in Southeast Asia, over the past decades, natural tropical forests have rapidly been converted into monoculture plantations of rubber (Hevea brasiliensis), a consequence of the rubber boom. With the goal of slowing the ecologically and environmentally detrimental conversion of forests to rubber plantations and to encourage the reconversion of rubber plantations back to close-to-nature rainforests, we developed a theoretical combined market and government payment system. To evaluate the potential impacts of such system, we carried out a simulation study plus sensitivity analyses, using the latest land-use data from Xishuangbanna, Southwest China. The results of this simulation suggest that the payment system may make the annual reconversion rate develop from 9,009 ha to 4,610 ha over the modeled period from 2021 to 2050, so that the total reconversion area by 2050 would sum up to 197,902 ha. The total net present value (NPV) of compensatory payments for the whole period, in this case, would sum up to US$3.19 billion. The total carbon sequestration benefit resulting from the replacement of rubber plantations would be 11.37 million tons of carbon (tC) over the modelled period, translating into a cost of US$280.44 per tC. Sensitivity analyses revealed that higher variations in rubber prices cause more difficulty in determining compensatory payment. Of course, changes in a number of factors may lead to a reduction of the total NPV of compensatory payments, including increases in the carbon price or traditional medicine price, increases in the discount rate, and decreases to the rubber price and the targeted final reconversion rate. The area-specific compensatory payments ($11,154–$16,106/ha) and area-specific carbon sequestration (46.39–57.45 tC/ha) would then increase linearly as the targeted final reconversion rate increases. This new integrated payment system has the potential to contribute to restoring rainforest in rubber monoculture-dominated landscape.

Nurses’ Self-Efficacy, Confidence and Interaction with patients with COVID-19: A Cross-Sectional Study

Objective: the aim was to evaluate nurses’ self-efficacy, confidence and nurse-patient interaction during caring of patients with COVID-19. Methods: A cross-sectional design with online survey was used with a Self-efficacy scale, Self-confidence scale and Caring nurse-patient interaction scale: 23- item Version–Nurse (CNPI-23 N). Results: A sample of 120 nurses participated in the current study. The results showed that the participants had a moderate level of self-efficacy, self-confidence and interaction (M = 28.84 (SD= 7.7), M =47.41 (SD= 9.0) and M= 93.59 (SD=16.3) respectively). Positive relationships were found between nurse’ self-efficacy, self-confidence and nurse-patient interaction (r = 0.81, P < 0.0001 and 0.79, P ＜0.0001 respectively). Significant differences were found in self-efficacy according to years of experience, academic qualifications and position (F = 2.10, P = 0.003, F = 3.60, P = 0.002 and F = 2.60, P =0.007 respectively). Furthermore, the results indicated that there was a significant difference in self-confidence and nurse-patient interaction also. Conclusion: Nurse educators and administrators should develop and implement further strategies such as continuing education and training, compensatory payment, organizational support and availability of protective measures to increase their self-efficacy, self-confidence and interaction with COVID-19 patients.

Rubber Plantation Retiring with Simulation of Market-Priced Ecosystem Services in Xishuangbanna, China

Background: Until 50 years ago, Xishuangbanna was a heavy forest-covered region with high biodiversity. Attributed to the rubber boom that took place in the region during the last decades, natural forest area decreased quickly and was replaced by monoculture rubber plantations (Hevea brasiliensis). To slow down the deforestation rate and encourage rubber plantation retiring, a market and government-combined compensatory payment system was developed with consideration of market-priced ecosystem services. Results: In the baseline scenario, the annual retiring rate reduced from 9,353±17.8 ha to 4,669±18.5 ha in the projection period, and the final total retiring area in 2050 was 202.477±0.063 thousand ha. The compensatory payment increased along with the growth of rubber plantations. In the projected period (2021-2050), the total NPV (net present value) of compensatory payment was $3,364.820±1.669 million. The total carbon sequestration benefit resulting from replacement of artificial rainforests was 11.718±0.005 million tC. In sensitivity analyses, more uncertainties of compensatory payment were expected with a higher variation of rubber price. The rise of carbon price, discount rate and traditional medicine price, and the decrease of rubber price and final retiring rate could reduce the total NPV of payment. Conclusions: The market and government-combined payment system has high possibility to effectively encourage rubber retiring and reduce government payment. By the projection of the market and government-combined payment system, most of the small patches of rubber plantation were disappeared in 2050. The annual retiring area decreased gradually along the projection period. The projected compensatory payment and the area-specific payment increased, while the increment of compensatory payment decreased. The carbon sequestration benefit by rubber plantation retiring was negative in the first decade. All the tested factors (i.e., rubber price, rubber price variation, carbon price, final retiring rate, discount rate, and traditional medicine price) could affect the compensatory payment. Currently, the payment system may not so attractive; however, the situation could change when more market-priced ecosystem services are involved in the system.

Spirits in a Material World

This epilogue considers acquittal through the absolution of the apparition—where supernatural beings help to dictate the actions and fates of the living. It is only in the latter world that it makes sense for one to undertake kan-tham khwan, the action of making amends for a lost life through a compensatory payment made to the spirit of the deceased. The chapter illustrates that, insofar as kan-tham khwan masquerades as a payment made to placate the spirit of the deceased, it conforms to the logic and spirit of traditional forms of remediation for lost life. It is a testament to the survival of customary modes of action in an age of ostensibly normalized and homogeneous forms of law and order. At the same time, however, it is a form of action that imparts indemnification or legal protection for the injurer or culpable party. In this respect, kan-tham khwan participates in the long-standing logic of noblesse oblige, whereby social superiors are entitled to make amends for potentially wrongful actions that cost the lives of their subordinates. Within this backdrop, the chapter draws some inferences on the state of social and economic inequality in contemporary Thailand.

Chronic Pain Management

Background The practice of chronic pain management has grown steadily in recent years. The purpose of this study was to identify and describe issues and trends in liability related to chronic pain management by anesthesiologists. Methods Data from 5,475 claims in the American Society of Anesthesiologists Closed Claims Project database between 1970 and 1999 were reviewed to compare liability related to chronic pain management with that related to surgical and obstetric (surgical/obstetric) anesthesia. Acute pain management claims were excluded from analysis. Outcomes and liability characteristics between 284 pain management claims and 5,125 surgical/obstetric claims were compared. Results Claims related to chronic pain management increased over time (P &lt; 0.01) and accounted for 10% of all claims in the 1990s. Compensatory payment amounts were lower in chronic pain management claims than in surgical/obstetric anesthesia claims from 1970 to 1989 (P &lt; 0.05), but during the 1990s, there was no difference in size of payments. Nerve injury and pneumothorax were the most common outcomes in invasive pain management claims. Epidural steroid injections accounted for 40% of all chronic pain management claims. Serious injuries, involving brain damage or death, occurred with epidural steroid injections with local anesthetics and/or opioids and with maintenance of implantable devices. Conclusions Frequency and payments of claims associated with chronic pain management by anesthesiologists increased in the 1990s. Brain damage and death were associated with epidural steroid injection only when opioids or local anesthetics were included. Anesthesiologists involved in home care of patients with implanted devices such as morphine pumps and epidural injections or patient-controlled analgesia should be aware of potential complications that may have severe outcomes.