Preparatory Act Research Articles

Quod se emisse diceret: Überlegungen zu einer Urkunde aus dem antiken London

Summary In 1996, Roger Tomlin published a document from ancient London (rib ii 2443.19), which contains a professional Latin legal text. It mentions a purchase transaction, but it is not a deed of sale. The expressions used (cum ventum esset, in rem praesentem, se emisse dicetur, testatus est se) rather indicate an extrajudicial, pre-trial context. The interpretation proposed here builds on the results of recent research in Roman law of procedure. Several indications suggest that the tabula records a preparatory act for future trial between the protagonists: Bellicus (the pursuer) bindingly declares that he is ready to take an extrajudicial oath concerning a contract of sale with his opponent, about this he can produce no other evidence.

Extending Trade Mark Protection Under EU Law: External Transit, Preparatory Acts and Reproduction of Trade Marks in Reference Works

Extending Trade Mark Protection Under EU Law: External Transit, Preparatory Acts and Reproduction of Trade Marks in Reference Works

How to Change Entrepreneurs’ Attitudes toward a Circular Economy: An Exploratory Framework to Reduce the Gap between Circular Intentions and Circular Actions

Entrepreneurs are aware of the importance of having practices for circularizing their resources. However, the rare previous research specifically in entrepreneurship shows a gap between intentions and implementation with numerous barriers (structural, contextual, and cultural). This article proposes a first framework to reduce this gap between intentions and circular actions. These solutions are based on the theory of attitude changes, which states that changes in individuals’ attitudes are more significant if they are preceded by an inexpensive act (Binding Communication Approach). As this is a still little-explored subject that mixes circular entrepreneurship and environmental psychology, the research method is exploratory, based on an analysis of previous writings in these two distinct fields, with the proposal of a first formalization starting from the example of solutions based on inexpensive acts (communities of practices, prizes, and tools). Conclusions are proposed regarding the characteristics of this type of preparatory act necessary to change entrepreneur attitude toward circular economy practices.

Judicial Annulment of National Preparatory Acts and the Effects on Final Union Administrative Decisions: Comments on the Judgment of 29 January 2020, Case C-785/18 Jeanningros, EU:C:2020:46

The European Court of Justice's classic Borelli doctrine concerned administrative procedures where national authorities adopt preparatory acts which are binding upon the Union administration. In such cases, preparatory acts cannot be reviewed by Union courts as part of the review of the final Union decision and must instead be reviewed by national courts. Jeanningros provided the Court of Justice with an opportunity to clarify one of Borelli's remaining loose ends – the question of whether national courts should review the national preparatory acts even if the Union administration has already adopted the final decision. The Court answered in the affirmative, but nevertheless left new open questions for legal practice and scholarship to confront.

The Criminalization of Online Terrorism Preparatory Acts Under International Law

Terrorist organizations increasingly resort to the Internet to promote terrorism, recruit new terrorists, plan and finance their operations. The paper first proposes a definition of terrorism, cyberterrorism, and online terrorism preparatory acts. It then analyses whether current binding international instruments on terrorism, organized crime or cybercrime could prohibit cyber activities precursor of terrorism. The paper concludes that there is no gap in international law that leaves online terrorism related acts completely unregulated. It nevertheless recommends the drafting of an international treaty that would respond more comprehensively, precisely and thus efficiently to the use of the Internet for terrorist purposes.

The Interplay between the ECB and NCAS in the 'Common Procedures' Under the SSM Regulation: Are There Gaps in Legal Protection?

“Common procedures” represent interesting cases to understand the legal implications of entrusting banking supervisory tasks to a “single mechanism”, that is a complex system composed of the ECB, a European Institution, and NCA that all play a part in a multi-stage process to carry out a public function. The paper concludes that “common procedures” should be interpreted as only one proceeding composed of various stages; the first ends with an act from the NCA which is non-binding on the ECB’s final decision. Therefore, the NCA’s proposal is a “preparatory act” that cannot be appealed before national courts. Only the final decision of the ECB can be appealed before the CJEU. This conclusion does not limit the right of defence of a person affected by a supervisory decision within the SSM. Indeed, any substantial legal flaw in the NCA’s assessment becomes a flaw of the ECB’s final decision whenever the ECB takes over the assessment of the NCA. Furthermore, the paper applying some principles established by the Court of Justice, concludes that the interplay between the NCAs and the ECB within the SSM regulation does not give rise to gaps in legal protection even in the case of a procedural legal flaw in the NCA’s phase of the procedure because the EU courts have jurisdiction to rule on the legality of the national stage of the proceeding.

The Interpretation of the Doctrine of Binary Form of Information Network Crime

In the network information era, it is necessary to set partial pre-prevention behavior of the crime of illegal use of information network to respond to virtuality, technical transcendence and stakeholder-based order of network risk society. Crime of illegal use of information network, should not be determined as a ready behavior of principal offender as a whole, and from a perspective of precise language norms of criminal law, there exists a dual qualitative standard in behavioral form of information network crime, namely ‘preparation act of principal offender’ and ‘pure perpetrating act’. The practice of ‘pure perpetrating act’ as a criminal form in crime of illegal use of information network considers the technological rules of network risk society, and applies technological changes in the network information age to coping direction, content structure and discourse cohesion of network criminal law system. The technological rules of cyber criminal law include the proportion principle of technical specification setting, the allowable risk principle in technical specifications, and the typed principle of technical specification arrangement. In view of this, the virtual nature of cyberspace is regarded as the reality of technological changes and its dual form construction remains in double space. The transcendence of network technology is seen as the advance trend of technological changes, and its dual form construction has the prospectiveness of regulation. The stakeholder of network order is regarded as the hazard evaluation of technological changes, and its dual form construction corresponds to pluralistic behavior prevention. Complying with the doctrine interpretation of normalized practice of Article 22 of the ‘criminal law’, ‘in order to crime’ should place emphasis on the correspondence between criminal purpose and preparatory act, ‘the preparation of the instruments’ must be limited to direct tool preparatory behavior, and ‘creation of conditions’ do not have specific patterns of preparatory using behavior. Under the basic guidance of the dualism of behavioral form of information network crime, a ‘website’ set up should include space types under ‘three-network integration’; the issued ‘information’ evaluation should be interpreted in terms of ‘time, nature and type’. Firstly, based on the time-dimension analysis of information release, the distribution is restricted to illegal information when the behavior is restricted. Secondly, in view of the substantive interpretation of the multiple types of publication, disguised information release act also provides a punishment basis. Finally, as for the nature judgment of the published information, it is necessary to avoid confusion with information types of release preparation act. While legislation trend towards preparation act of principal offender suffers a lot of criticism by the theoretical circle, crime of illegal use of information network as a type of network tool crime shall timely reverse the determination of discourse form and fact structure concerning an expansion of its transformation from preparation act to pure perpetrating act. In order to overcome uncertain infringement of legal interests resulting from the potential factors of network risk society, the establishment of a dual qualitative standard in behavioral form of information network crime, namely ‘preparation act of principal offender’ and ‘pure perpetrating act’, has reality feasibility, norm dredging and theoretical extension.

Odluka o povećanju osnovnog kapitala društva s ograničenom odgovornošću novim ulozima

The resolution on increase of the share capital is expressed by the will of the company for the execution of the increase in the share capital. By a general meeting decision, the formation and expression of the will of the bodies (the general meeting) is carried out, which the Company considers to be its own. The General meeting is a body of a company and its decision legally represents the will of the company to conduct an increase in the share capital. In that sense, the decision on increasing the share capital is only an initial (preparatory act). It is therefore only a unilateral statement of the will of a company that is directed at existing members or third parties to participate in the procedure for increasing the share capital to take over the share. In the part of the Serbian Law on companies that relates to limited liability companies, the law contains only a few provisions that directly relate to the increase in the share capital of a limited liability company. Regarding other rules related to the increase in the share capital of a limited liability company, a corresponding application of the provisions on the increase in the share capital of a joint stock company has been established. Consequently, the content of the decision was adapted primarily to this procedure in joint stock companies. This is not the best legal technique for arranging this important procedure, because in practice it requires a proper selection of provisions that can be applied to increase the core capital of a limited liability company.

Raising Students Awareness to Climate Change

Much energy and money is dedicated to increasing climate change awareness and pro-environmental behaviors. Mere communication campaigns, which are often alarmist, are widely used despite their uncertain effectiveness. We suggest that using binding communication strategies would prove more adequate. Binding communication consists in combining a persuasive message and a preparatory act linked to the persuasive message. This procedure is generally reported to be more efficient than a single persuasive message at influencing attitudes and behavior. This hypothesis was tested in a study in which students were presented with a classic climate change communication with/without a preparatory act (participant-proposed solutions). Results showed that although knowledge about climate change increased in both conditions, attitudes and behavior follow-through were positively affected only in the binding communication condition. Therefore, in addressing climate change and global warming behaviors, pairing a persuasive message with personal solution generation is a potentially valid and useful technique.

Preventing Terrorism in the Courtroom – The Criminalisation of Preparatory Acts of Terrorism in the Netherlands

The shift towards preventism in security refers to the process in which national security becomes the focal point of policymaking. Within this preventative shift, more and more policy instruments, including criminal law, are being drawn into the realm of national security. The determining argument in this debate is the idea that we are faced with wicked problems, unknown threats and unpredictable risks that we must somehow control. Potentially catastrophic consequences demand exceptional measures here and now to control the risks and govern the future. In recent years, there has been a growing trend in Europe to criminalise preparatory acts related to terrorism. This article examines this trend in The Netherlands and analyses how it plays out in the courtroom and to what extent the preventative logic has permeated the legal sphere.

119 Primary Predictors of Suicide Outcomes One Year After Screening Positive for Suicide Risk in the Emergency Department

Although suicide is difficult to predict in the general population, emergency department (ED) patients presenting with suicide risk factors such as substance abuse or depression are a readily identifiable population at elevated risk for suicidal behavior. However, little is known about which factors have the strongest association with future suicide outcomes. This study aimed to determine the predictors associated with suicide outcomes documented during the 12 months following an ED visit where the patient screened positive for active suicidal ideation or behavior. Data were collected during the first two phases of the Emergency Department Safety Assessment and Follow-up Evaluation (ED-SAFE), a quasi-experimental suicide intervention study involving eight EDs across the U.S. Sites enrolled adults with active suicidal ideation or an attempt in the last week. Data collection included baseline interview; 6- and 12-month chart reviews; and 6-, 12-, 24-, 36-, and 52-week telephone follow-up assessments. The suicide composite outcome included reporting a preparatory act (eg, buying pills), interrupted or aborted attempt, a suicide attempt, or a suicide in the 12 months following the initial ED visit. Variables with a univariable association with suicide outcomes at P<.10 were included in the multivariable logistic regression model. In the final model, P<.05 was considered statistically significant. Among the 874 subjects (phase 1=497; phase 2=377), the median age was 37 years (interquartile range 27-47) with 56% female, 74% white, and 87% non-Hispanic. At baseline, 577 (66%) had suicidal ideation only and 297 (34%) a suicide attempt in the last month. Twelve-month outcomes were available for 782 (90%), who completed at least one of the 5 telephone follow-up assessments or had documentation of a suicide attempt or suicide completion during the 6- or 12-month chart review. In the one year after the initial ED visit, 430 (55%) reported a preparatory act, interrupted or aborted attempt, a suicide attempt, or had committed suicide. Subjects were more likely to have suicidal behavior within one year after the initial ED visit if they reported at the initial ED visit that they had a high school education or less (OR 1.63; 95% CI, 1.18-2.26; P=.003), had a primary care provider (OR 1.43; 95% CI, 1.01-2.00; P=.04), were unemployed (OR 1.64; 95% CI, 1.16-2.32; P=.006), had active suicidal ideation with a plan and intent to act (OR 10.2; 95% CI, 1.13-91.56; P=.04), had a severe health issue (eg, stroke, HIV) (OR 1.49; 95% CI, 1.06-2.10; P=.02), had a history of mental health problem(s) (OR 1.99; 95% CI, 1.14-3.47; P=.02), or a had a history of suicide attempt(s) (OR 1.60; 95% CI, 1.11-2.30; P=.01). The strongest predictors of reporting suicidal behavior within one year after the initial ED visit were related to patient characteristics (demographics and medical history) and past suicidal ideation and behavior. This suggests that in addition to psychiatric history, individual characteristics such as education level and employment as well as severe medical conditions should be considered when assessing suicide risk in an adult ED population. Understanding the factors that predict future suicide behaviors for this population will help guide the design and implementation of improved suicide-related interventions in the ED.

Effects of the Binding Communication Paradigm on Attitudes

The binding communication approach is situated at the intersection of research on persuasive communication and commitment. Binding communication refers to the combination of a preparatory act involving commitment and a persuasive message. Two studies showed that differences in attitudes toward recycling (Study 1) or swimming (Study 2) are more likely to occur following a persuasive message combined with a preparatory act involving commitment (i.e., binding communication) as compared to either technique alone. Specifically, in Study 1 we observed a more favorable attitude toward recycling in the binding communication condition compared to the conditions involving only a preparatory act involving commitment or only a persuasive message. In Study 2, we replicated the results of Study 1 and examined the effect on attitudes of performing a preparatory act with a strong versus weak level of commitment when this was preceded versus not preceded by a persuasive message.

Testing a Binding Communication Strategy in a Company: How Could Persuasive Information be More Efficient?

The aim in this study was to improve persuasive communication in a French workplace context. Within the framework of a global progress plan, visual communication changes were proposed in an aeronautical factory. We applied the paradigm of binding communication to contribute to making communication more effective. In accordance with the theory of commitment, we induced employees to perform freely a visible preparatory act (i.e., answer a questionnaire) before the upgrading of notice boards and institution of a monthly newsletter. We compared behavioral variables before and after the introduction of these changes. The results indicated that employees consulted the newly available information more frequently. Moreover, according to 2 performance indicators, they significantly enhanced the quality of their work.

Meta-Analysis of Efficacy and Treatment-Emergent Suicidality in Adults by Psychiatric Indication and Age Subgroup Following Initiation of Paroxetine Therapy

This meta-analysis of placebo-controlled paroxetine trials examines suicidality incidence in adults, focusing on disorder and age as potential risk factors. The findings are put in context with an efficacy meta-analysis of the same trial datasets. GlaxoSmithKline paroxetine clinical trial database(s). All double-blind, randomized, placebo-controlled, parallel-group studies of paroxetine therapy in adults enrolling at least 30 patients total were included in the analysis. The dataset comprised 14,911 patients from 61 trials. Possible cases of suicidality were identified and blindly categorized by an expert panel, using methodology previously used by the US Food and Drug Administration. Incidences of suicidal behavior (preparatory act, suicide attempt, or completed suicide) and any suicidality (suicidal behavior or ideation) were compared between paroxetine and placebo. Efficacy assessments were based on standard depression rating scales (eg, Hamilton Depression Rating Scale or Montgomery-Asberg Depression Rating Scale) and Clinical Global Impressions Improvement scale (CGI-I) scores. In the primary dataset, ie, all disorders combined, there were no significant differences between paroxetine and placebo for overall suicidality (suicidal behavior or ideation: n/n = 83/8,958 [0.93%] vs n/n = 65/5,953 [1.09%], respectively; OR = 0.9 [95% CI, 0.7-1.3]; P = .649) or for suicidal behavior specifically (n/n = 50/8,958 [0.56%] vs n/n = 40/5,953 [0.67%], respectively; OR = 1.2 [95% CI, 0.8-1.9]; P = .483). However, in patients with major depressive disorder (MDD), a greater incidence of suicidal behavior occurred in paroxetine-treated patients than in placebo-treated patients (n/n = 11/3,455 [0.32%] vs n/n = 1/1,978 [0.05%], respectively; OR = 6.7 [95% CI, 1.1-149.4]; P = .058). Across all indications, a higher incidence of suicidal behavior occurred in paroxetine-treated versus placebo-treated adults aged 18 to 24 years (n/n = 17/776 [2.19%] vs n/n = 5/542 [0.92%], respectively; OR = 2.4 [95% CI, 0.9-7.3]). In older age groups, no increase in suicidality was observed. Efficacy was demonstrated in all disorders evaluated, including MDD. Across all disorders, overall suicidality incidence was similar between paroxetine and placebo. However, a higher frequency of suicidal behavior occurred with paroxetine in MDD, which was largely explained by the higher incidence in young adults. These data support the efficacy of paroxetine therapy; however, they also highlight the need for careful monitoring of suicidality during antidepressant therapy, particularly in younger adults.

Suicidality and divalproex sodium: analysis of controlled studies in multiple indications.

BackgroundRecent analyses of antiepileptic drugs have indicated an increase in the risk of suicidality. The objective of this report was to provide clinical information and an independent meta-analysis of divalproex sodium and suicidality events by analyzing data from 13 placebo-controlled studies and 1 low-dose controlled study.MethodsAdverse events considered to be possibly suicide related were identified using the Columbia Classification Algorithm of Suicide Assessment (C-CASA) methodology. Indications included epilepsy, bipolar disorder, migraine prophylaxis, impulsive aggression, and dementia. Narratives were produced for every event, and suicidality event ratings were performed by a third party blinded to treatment assignment. Statistical analyses were conducted using methodology similar to that reported by the US Food and Drug Administration (FDA).ResultsSuicidality events were identified in 5 of the 13 placebo-controlled studies. Of the 1,327 (0.83%) subjects taking divalproex sodium, 11 had suicidality events: 2 suicide attempts and 9 suicidal ideation. Of 992 (0.91%) subjects taking placebo, 9 had suicidality events: 1 preparatory act toward suicide, 2 suicide attempts, and 6 suicidal ideation. Across placebo-controlled studies, the overall estimated odds ratio (OR) of suicidal behavior or ideation was 0.72 (95% CI 0.29 to 1.84). The OR for suicidal behavior was 0.37 (95% CI 0.04 to 2.58), and the OR for suicidal ideation was 0.90 (95% CI 0.31 to 2.79).ConclusionsIn this meta-analysis, divalproex sodium does not appear to increase the risk of suicide-related adverse events relative to placebo in the populations studied. Clinicians should nonetheless remain vigilant in assessing suicidality, not only in patients treated for mental disorders with inherently high suicide risk, but also in patients taking antiepileptic medications.

Clinical features of patients with treatment-emergent suicidal behavior following initiation of paroxetine therapy

Background Understanding suicidal behavior is an important component of assessing suicidality in psychiatric patients. GlaxoSmithKline (GSK) conducted a meta-analysis of randomized, placebo-controlled trials to compare suicidality in adult patients treated with paroxetine vs. placebo. The goal was to identify emergent clinical characteristics of patients with definitive suicidal behavior (DSB: preparatory act, suicide attempt, completed suicide). Methods The dataset comprised 14,911 patients from 57 placebo-controlled paroxetine trials. Possible cases of suicidality were identified and were blindly reviewed by an expert panel, which categorized cases as suicidal or non-suicidal. DSB incidences were compared between paroxetine and placebo. Clinical narratives and case report forms for major depressive disorder (MDD) and anxiety disorder patients with DSB were reviewed. For MDD, rating scale items relating to suicidality, insomnia, agitation, and anxiety were examined. Results Overall (all indications) there were no differences between paroxetine and placebo for DSB (50/8958 [0.56%] vs. 40/5953 [0.67%], respectively; OR = 1.2 [CI 0.8, 1.9]; p = 0.483). However, in patients with major depressive disorder (MDD), the incidence of DSB was greater for paroxetine (11/3455 [0.32%] vs. 1/1978 [0.05%], OR = 6.7 [CI 1.1, 149.4]; p = 0.058). Review of the 11 paroxetine MDD cases revealed common clinical features: symptomatic improvement; younger age (18–30 years); psychosocial stressors; overdose as method; and absent/mild suicidal ideation at the visit prior to the event. There was no evidence for a consistent adverse event profile or onset of akathisia/agitation or a manic/mixed state. Anxiety disorder patients with DSB had a heterogeneous clinical picture. Limitations Limitations to the study include the relatively small number of cases and the retrospective nature of the study. Conclusions DSB incidence was similar between paroxetine and placebo overall, but a higher frequency of DSB was found for paroxetine in MDD patients, driven by young adults aged ≤ 30 years. Most MDD patients with DSB improved prior to the attempt and experienced a psychosocial stressor. Patients should receive careful monitoring for suicidality during paroxetine therapy.