Main Rules Research Articles

The law applicable to third-party effects of assignments of claims: the UN Convention and the EU Commission Proposal compared

Abstract In October 2019, the U.S. ratified the United Nations Convention on the Assignment of Receivables in International Trade (the “Convention”) by the US, thus creating a new impetus for the broad adoption and entry into force of the Convention and with that for the facilitation of international receivables finance. In March 2018, the E.U. Commission issued a Proposal for a Regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims (the “Commission Proposal” or “Proposal”). The Commission Proposal includes a first draft of the proposed Regulation (the “draft Regulation”). An alignment of the main rule of the draft Regulation with the equivalent rule in the Convention could result in an internationally uniform conflict-of-laws rule on this matter, which would remove the legal divergences existing among legal systems and reduce the uncertainty as to the law applicable to the third-party effects of assignments of claims. The purpose of this article is to compare the relevant rules of the Convention and the draft Regulation, determine whether this coordinated approach is achieved and, if not, make suggestions as to how it can be achieved to the benefit of all parties involved in international receivables finance.

External post-mortem examination according to S1 guideline 2017 of the German Society of Legal Medicine

In Germany, the system of external post-mortem examinations is regulated by state law. In order to standardize the performance of external post-mortem examinations as far as possible throughout Germany, the German Society of Legal Medicine developed the S1 guideline "Rules for the performance of external post-mortem examination." The current version of this guideline was published on the Association of the Scientific Medical Societies in Germany (AWMF) homepage in November 2017. The guideline explains in detail the reliable determination of death, the diagnosis of the cause of death, the classification of the manner of death, the estimation of the time of death, and the reporting obligations of the post-mortem examination physician. Detailed information is provided on the examination of the corpse. Acareful performance of the external post-mortem examination avoids false death determinations, lies in the presumed will of the deceased, and serves to protect the interests of the bereaved. In addition, it is of importance to society as awhole in that communicable diseases and legally relevant deaths are identified. Finally, the validity of cause-of-death statistics is improved, which can have far-reaching consequences for health-related policy decisions. In this article the main rules of the guideline are described.

Types of word order in poetry

In the syntax, there are two main rules: the usual word order, the unusual (changed) word order. In our opinion, poetry is also relevant in the study of another type of word order, that is, mixed word order. In world and Uzbek linguistics research on word order research, mainly observations on the word order and its types, were based on prose works. For the first time in Uzbek linguistics we studied the vocabulary in poetry.

Types of word order in poetry

In the syntax, there are two main rules: the usual word order, the unusual (changed) word order. In our opinion, poetry is also relevant in the study of another type of word order, that is, mixed word order. In world and Uzbek linguistics research on word order research, mainly observations on the word order and its types, were based on prose works. For the first time in Uzbek linguistics we studied the vocabulary in poetry.

Is medical ionizing radiation negligible or neglected? How to interact with patients?

Abstract Issue Medical exposure is in France, the first source of artificial exposure of populations to ionizing radiation (IR). The use of ionizing radiation in diagnosis, (CT scan) is steadily increasing. With IR, nothing is visible, nothing is lost, everything is cumulative and transformed. How to explain it to patients and how to answer their questions? How, in this area, can patients become empowered? The radiologists have already produced information materials for patients. Explaining the different types of exams is easy, explaining the dose is more complex; doses are not expressed with the same units. In addition, since the organs do not all have the same sensitivity to ionizing radiation, the addition of doses delivered does not always make sense. The comparison of doses delivered with the natural exposure to ionizing radiation makes it understandable. Specific awareness campaigns such as ’for lumbago radio, this is not always the right scenario’ were launched. One of the main rule of radioprotection is the justification of the act in relation to the expected benefit. Both general practitioners and patients can influence the decision by asking simple questions. An awareness campaign on this theme is planned by HERCA (European HEad of Radiation protection Competent Authorities) in Europe in November 2019. It aims to reduce inappropriate exams by breaking habits. It is aimed mainly to general practitioners. Results The French Nuclear Safety Authority will decline this campaign for both general practitioners and patients. This campaign is based on the most common questions such as: If I have already made a diagnosis, what is the added value of a radiological examination?Why should I have another radiological examination?Why refer my patient for an X-ray or CT if another examination can be done that does not use ionizing radiation?Why is it important to ask if pregnancy is a possibility? Lessons Illustrative documents will be presented at the congress Key messages Risks related to medical exposure to ionizing radiation are not sufficiently explained. A European campaign of recognized authorities and the involvement of patients should help reinforce the messages of the French campaign.

The Framework for Audits of the Financial Statements of the Group of Enterprises by ISA 600 Requirements

Compliance with relevant regulations is the basis of the professional activities of auditors. Users of financial statements require the auditor to conduct quality audit. The auditor’s opinion on the reliability of the financial statements of the group is based on the application of appropriate audit approaches, based both on audit practice and audit standards, and insist on compliance with recognized audit requirements.
 The aim of the article is to highlight the content of the main rules for an independent auditor to audit the financial statements of a group using the requirements of the modern regulatory framework, in particular International Standard of Auditing (ISA) 600.
 The essence of the main rules of an independent auditor conducting an audit of a group’s financial statements using the requirements of the modern regulatory framework, in particular ISA 600, is disclosed. The need for regulation of an audit of a group’s consolidated financial statements is formulated, the content and important provisions of the requirements of a professional standard ISA 600 “Special Considerations – Audits of group financial statements (including the work of component auditors)”. Interpretation of the requirements of ISA 600 for acceptance and continuation of the assignment, the role of the auditor’s assessment of distortions during the audit, audit activities to prevent, detect and combat fraud in the group, the obligation to use the component of the level of distortion by the auditor is given. The author’s vision of the special provisions of the audits of the financial statements of the group is indicated, the sequence of advancing audit procedures in the implementation of the special provisions of the audits, including the work of the component auditors, and the directions for further research are shown. 
 Conclusions. The responsibility of the auditor and the component auditor is envisaged, and atypical relevant measures are required in response to challenges; the auditor deals with complex structures, the information of the component auditors must be taken into account. ISA 600 is connected with other audit standards, it regulates a number of requirements with the aim of conducting a quality audit of the group financial statements: from the responsibility of the auditor, accepting and continuing the assignment, developing a general audit strategy and plan, understanding of the component auditor, communicating information to the group’s management personnel and those who endowed with high authority at the group level, etc. documentation. The peremptory question of ISA 600 is determining whether he should act as an auditor of the group financial statements, that is, reasonably refuse or accept the assignment; and if accepted and continued, the task if he acts as an auditor of the group financial statements: communication of clear information to the component auditors on the volume and time of their work with financial information relating to the components and the actual results obtained by them; obtaining sufficient audit evidence in sufficient amounts on the financial information of the components and the consolidation process to express an opinion that the group’s financial statements have been prepared in all material respects in accordance with the applicable financial reporting framework.

The Main Rules Subjecting the “Proportionality” in Turkish Jurisprudence (An Historical Overview from the Ottoman Time to Present)

Bu çalışma gerek yasama ve yürütme ve gerekse ulusal ve uluslararası yargı açısından büyük önem taşıyan yasal düzenlemelerin ve/veya bu düzenlemelere göre yapılan iş ve işlemlerin hukuka uygunluğu bağlamında belirleyici rolü olan ölçülülük ilkesini ele almaktadır. Ölçülülük ilkesinin geçmişten günümüze nasıl uygulandığını anlayabilmek için öncelikle bir literatür taraması yapılmış ve yapılan değerlendirmelere dayanak teşkil etmesi maksadıyla yüksek yargı organlarının karar arşivleri taranarak ilgili kararlar derinlemesine incelenmiştir. Böylece Türk hukuk sisteminin kökeninde var olan ya da sisteme dışarıdan ithal edilen ve ölçülülük ilkesine temel oluşturan belli başlı kurallar ortaya konulmuş ve bunların günlük yaşamdaki etkisi analiz edilmeye çalışılmıştır.

Characteristics Poland-Ukrainian regulations about the social security in basing provisions of the agreement entered into for analysis between the Republic with Poland but Ukraine about the social security

The subject matter of the considerations is based on the analysis of the provisions of the Agreement concluded between the Republic of Poland and Ukraine on social security. The analysis of this agreement refers to the characteristic of the main theoretical elements and the indication of the principles shaping the relations between the two countries in the field of social security. In addition, elements of the contract relating to institutional cooperation were discussed. The result of the analysis is to present the key elements of the Agreement along with the main rules of applying its provisions in practice

Electrical and Flow Characteristics of a Double-Side Sliding Pulsed Discharge Plasma Actuator

The development of next-generation high-maneuverability aircraft requires new technologies for controlling asymmetric separated vortices at high angles of attack. Plasma flow control is an emerging type of active flow control technology that can be used to control asymmetric vortices over slender bodies by means of pulsed dielectric barrier discharge (DBD) plasma actuators. However, some problems worthy of further study remain unsolved. For example, the stimulation strength is inadequate, the region of discharge is small, and the control mechanism is unclear. This paper proposes a double-side sliding pulsed discharge (DSPD) plasma actuator that combines a sinusoidal alternating current (AC) pulsed plasma actuator with two high-voltage direct current (DC) components. This actuator can generate two groups of unsymmetrical large-scale coherent vortex structures to balance the vorticity of the asymmetric vortices over the slender forebody of an aircraft and increase the distance between the cores of the asymmetric vortices, weakening the interaction between the vortices and hindering the emergence of the asymmetric phenomenon. Focusing on the key scientific issue of DSPD plasma actuation, the discharge morphologies and electrical properties under different DC conditions are studied, and the unsteady vortex structures induced by the DSPD plasma actuator under a static atmosphere are revealed through high-speed schlieren system and particle image velocimetry (PIV) measurements. The flow control ability of the DSPD plasma actuator is verified through wind tunnel experiments, and the main rules governing its influence on the external flowfield are determined. It is speculated that this actuator will further improve the aerodynamic flow control of slender aircraft.

HZ. PEYGAMBER İN SÜNNETİ/HADİSLERİ VE BAZI YÖNETİCİLERİN ÖRNEK UYGULAMALARI ÖZELİNDE ADÂLETİN TE SİSİNE YÖNELİK TEMEL YAKLAŞIMLAR

One of the important mission of the Prophets that they take over guiding for humanity is to destroy the persecutions and injustices in the world and to provide to maintain the rights and justice. The justice principle is the main rule which takes place in all the celestial religions. The justice means to put something on its place, to give someone his rights, equality and equivalence and to be suitable to the rights. In the jurisprudence justice means implementation of the law according to equality principle and to equate the laws for everyone. Giving someone his rights is justice. Giving much is mercy, grace and beneficence.The Prophet Muhammed completed all his life on truth and honesty. He showed that Islam was a religion which adopted the justice a principle on his sunnah. He did not tolerate to a concession before the law among the people at their behaviours. It has been seen that the Holy Quran intended the justice to be built and to be kept the rights all of the people and to be designed a management in the context of justice superiority. Also the Quran wanted people and Muslims to obey the principles of justice and strongly forbided them from the persecutions and injustices which are against justice. As an indispensable law principle, the justice became an important and valued norm in our world which persecutions and injustices often have been continued in it. Basing on this importance in the article it is mentioned to the importance of the concept of the justice which has richness of meaning. And then the concept of justice is examined in the six main title in the context of the Quran and the Hadiths in the different sizes of the form of divine, legal, social, economical, international, equivalence and ransom. By the way it is taken place to the obstacles in the way of the manifestation of justice, like favoritism for another or himself, following his enjoys, making someone or something partner for God, feeling hatred and anger and difference of religion and faith. Specially in the judgement it is emphasized on the attitude of the Prophet Muhammed and his consistency of the justice that he built on his Sunnah. It is put forth the justice of the Prophet Muhammed by giving examples from the life of the Muslims who lived with him together. Also it is taken attention to the justice principle that it is one of the main rule of Islamic civilization and it is a universal law that is built with the Prophet’s application and it is a social justice and ethical values by giving some examples from the life of Muslims after the Prophet Muhammed.

Adaptive rules for discrete-time Cournot games of high competition level markets

For the Cournot-like oligopoly games of n firms, where the Cournot adjustment fails to converge, we propose adjustment processes originating from the family of the Moving Averages. In markets of linear demand, where firms have private and linear on quantities cost functions, these adaptive rules turn the games into discrete-time linear systems with delays. With an out of the box proof, we determine the least number of delays (m) that ensures the game of n players converges to its equilibrium. The Simple Moving Average rule (fixed number of delays) and the Cumulative Moving Average rule (constantly increasing number of delays), which is also known as “fictitious play”, are the main rules considered. Along with a hybrid rule, result of their combination, they are all studied for their convergent properties and compared in a bench-marking framework to indicate the different trajectories and identify their suitability in applications.

Baseball Arbitration: The Trendiest Alternative Dispute Resolution Mechanism in International Taxation

This study addresses an alternative mechanism for the settlement of international tax disputes: so-called baseball arbitration. Although contracting states are able to adopt several formats to design alternative dispute resolution mechanisms, the author presents a concept of tax treaty baseball arbitration based on the approaches that have been envisaged by various international organizations and states. The article addresses in detail the main features and procedural rules related to baseball arbitration in international tax matters. Among these, special emphasis is placed on the accessory character, mandatory nature, enforceability and scope of the procedure. Other critical issues, such as the selection of the arbitrators, the presentation of offers and supporting arguments, taxpayer participation, secrecy and transparency of the procedure are analysed by anticipating possible practical, policy and legal difficulties that this new approach to tax treaty dispute settlement may raise.

Pointing Gestures and Verbal Acts: Linguistic Boundaries by Puor and Lamalera People in a Barter Market, East Nusa Tenggara, Indonesia

This article highlights language practices by Puor and Lamalera people, in South Lembata, East Nusa Tenggara, Indonesia, in a ‘barter market.’ While interacting in the market, Puor and Lamalera people prefer their own local languages, rather than Bahasa Indonesia, the lingua franca in a linguistically diverse Indonesia. Unavoidably, the use of these local languages in Indonesia is invoked through specific cultural assessments. In this barter market, speakers combine verbal acts and pointing gestures to supplement their linguistic repertoires and to convey message amplifiers that embody cultural meanings in their respective frames of reference and communicative events. The use of pointing gestures and verbal acts that build the linguistic repertoires becomes the main rule of interacting in the barter market, a social phenomenon which renders this market different from other ‘money’ markets. The paper employs an ethnography of communication approach, through which to elicit and frame significant patterns and functions in these language practices. This article attempts to offer a unique perspective in the use of local languages in Indonesia, by presenting language as practice rather than as a linguistic system of sounds. As such, the categorization of language becomes blurred in that Puor and Lamalera linguistic repertoires shift as they are predicated on practice.

One-step synthesis of 1,4-bis(het)arylisoquinolines by the reaction of 1,2,4-triazines with arynes

The reaction of 3,6-bis(het)aryl-1,2,4-triazines (hetaryl ≠ 2-pyridyl) with aryne intermediates generated in situ was studied. As a result, novel 1,4-bis(het)arylisoquinolines were synthesized with yields of up to 45%. The main rules of the reactions were studied, and the obtained experimental data were compared with those described in the literature.

Generation of nested quadrature rules for generic weight functions via numerical optimization: Application to sparse grids

We present a numerical framework for computing nested quadrature rules for various weight functions. The well-known Kronrod method extends the Gauss-Legendre quadrature by adding new optimal nodes to the existing Gauss nodes for integration of higher order polynomials. Our numerical method generalizes the Kronrod rule for any continuous probability density function on real line with finite moments. We develop a bi-level optimization scheme to solve moment-matching conditions for two levels of main and nested rule and use a penalty method to enforce the constraints on the limits of the nodes and weights. We demonstrate our nested quadrature rule for probability measures on finite/infinite and symmetric/asymmetric supports. We generate Gauss-Kronrod-Patterson rules by slightly modifying our algorithm and present results associated with Chebyshev polynomials which are not reported elsewhere. We finally show the application of our nested rules in construction of sparse grids where we validate the accuracy and efficiency of such nested quadrature-based sparse grids on parameterized boundary and initial value problems in multiple dimensions.

ONE-STEP SYNTHESIS OF 1,4-BIS(HET)ARYLISOQUINOLINES BY THE REACTION OF 1,2,4-TRIAZINES WITH ARYNES

The reaction of 3,6-bis(het)aryl-1,2,4-triazines (hetaryl ≠ 2-pyridyl) with aryne intermediates generated in situ was studied. As a result, novel 1,4-bis(het)arylisoquinolines were synthesized with yields of up to 45%. The main rules of the reactions were studied, and the obtained experimental data were compared with those described in the literature.

Importance of systematic deliberation and stakeholder presence: a national study of clinical ethics committees

BackgroundCase consultation performed by clinical ethics committees (CECs) is a complex activity which should be evaluated. Several evaluation studies have reported stakeholder satisfaction in single institutions. The present study was...

La ejecución de los acuerdos alcanzados en el marco de un procedimiento de mediación: diferentes continentes, diferentes soluciones y un objetivo -aparentemente- común

Las ADR/MASC han dejado hoy de ser mecanismos alternativos a la justicia estatal para pasar a ser entendidas como complementarias a esta, alterando de tal suerte la propia noción de acceso a la justicia. Dentro de esta categoría genérica, la mediación constituye hoy la institución que atrae mayor interés doctrinal y práctico y que, de alguna manera, refleja también de forma más nítida las ventajas que, se entiende, acompañan a este tipo de mecanismos. Anclada directamente en la voluntad de las partes, la mediación presenta como uno de sus puntos débiles la necesidad de asegurar la ejecutabilidad del acuerdo alcanzado por ellas en el marco de un procedimiento de mediación. Si bien existe coincidencia en la necesidad de no hacerlo depender exclusivamente de la voluntad de las partes, el estudio de las diversas soluciones legislativas existentes refleja la presencia de diferencias notables entre ellas, tanto en su filosofía como en las soluciones diseñadas. Ello se hace especialmente patente al contrastar la postura mayoritariamente mantenida en la Unión Europea, que subordina la ejecución del acuerdo a su previa homologación por una autoridad pública. Con la presente en las normativas iberoamericanas, donde resulta habitual que el acuerdo venga dotado de fuerza ejecutiva directa.

Improved energy management technique in pipe-embedded wall heating/cooling system in residential buildings

Effective and environmentally responsive techniques of energy management in residential buildings are desirable for the resulting reduction of energy costs and consumption. In this paper, an improved and efficient technique of energy management in pipe-embedded wall heating/cooling systems, called the Thermal Barrier, is described. Specifically, the Thermal Barrier is a technique focused on the management and control of heat supply into and heat extraction from external walls containing embedded pipes. The installed pipe-embedded wall heating/cooling system is fully controlled by a special fuzzy logic program that synchronizes the heat supply/extraction with variable heat loads. The main operation rule of the Thermal Barrier is to keep changes of the wall internal energy close to zero for the given reference temperature of a pseudo-surface created by an embedded pipe system of the wall heat exchanger. Comprehensive field measurement results associated with an example Thermal Barrier System installed in a residential two-story house are presented. These measurements confirmed the high-efficiency of the Thermal Barrier and its ability to use low-grade heat sources and sinks to effectively control an indoor climate. The supply water temperature was very low (25.3 °C) in the winter and very high (20.5 °C) in the summer. Daily variations of the indoor air temperature did not exceed 0.8 °C throughout the year. During the summer, the Thermal Barrier System operated in cooling-mode only from a low-grade renewable heat sink. The flexibility of the Thermal Barrier also allows for using heat sources/sinks different from those in the test house.

Supplier Selection Model Based on Risk in an Indonesian Healthcare Service Industry

In Indonesia, healthcare services are a priority industry sector. In the last few periods, every health care provider began to evaluate and make a performance improvement of the entire supply chain. Supplier selection is one of supply chain business process that have some risks. Therefore, this research is conducted to identify and reduce various risks in supplier selection process. The method used is Fuzzy Failure Mode and Effect Analysis (FFMEA) with three main stages, i.e. fuzification, rule evaluation and difuzification. The result show that there are four criteria, i.e. price, communication, quality and delivery time used for supplier selection in an Indonesian healthcare industry. Each criterion has some supplier performance risks with a total of 10 failure modes. The integration of risk factors in supplier selection model have been successfully done with one best suppliers based on the lowest risk score.