Rights Of Third Parties Research Articles

Corrigendum: The Alkali-Tolerant Bacterium of Bacillus Thuringiensis EM-A1 Can Effectively Perform Heterotrophic Nitrification and Aerobic Denitrification

In the original article, there was a mistake in ** Table 1** as published. **State the mistake which was made**. The corrected **correct table format** appears below. The authors apologize for this error and state that this does not change the scientific conclusions of the article in any way. The original article has been updated.Figures, tables, and images will be published under a Creative Commons CC-BY licence and permission must be obtained for use of copyrighted material from other sources (including republished/adapted/modified/partial figures and images from the internet). It is the responsibility of the authors to acquire the licenses, to follow any citation instructions requested by third-party rights holders, and cover any supplementary charges.In the original article, we forgot to modify the rotation speed in part of "ABSTRACT" and "CONCLUSION" to 150 rpm. The authors apologize for this error and state that this does not change the scientific conclusions of the article in any way. The original article has been updated.

Corrigendum: Techno-Economic Assessment of Thermally Integrated Co-Electrolysis and Methanation for Industrial Closed Carbon Cycles

In the original article, there was a mistake in FIGURE 7 as published. The results shown in the graph for the cement industry scenario do not represent the actual results, which were discussed in the paper. The corrected FIGURE 7 appears below. The authors apologize for this error and state that this does not change the scientific conclusions of the article in any way. The original article has been updated.Figures, tables, and images will be published under a Creative Commons CC-BY licence and permission must be obtained for use of copyrighted material from other sources (including republished/adapted/modified/partial figures and images from the internet). It is the responsibility of the authors to acquire the licenses, to follow any citation instructions requested by third-party rights holders, and cover any supplementary charges.

Corrigendum: The Short-Term Climate Prediction System FIO-CPS v2.0 and Its Prediction Skill in ENSO

Corrigendum on: Song Y, Shu Q, Bao Y, Yang X and Song Z (2021) The Short-Term Climate Prediction System FIO-CPS v2.0 and its Prediction Skill in ENSO. Front. Earth Sci. 9:759339. doi: 10.3389/feart.2021.759339.In the original article, there was a mistake in "FIGURE 5 Figures, tables, and images will be published under a Creative Commons CC-BY licence and permission must be obtained for use of copyrighted material from other sources (including republished/adapted/modified/partial figures and images from the internet). It is the responsibility of the authors to acquire the licenses, to follow any citation instructions requested by third-party rights holders, and cover any supplementary charges.

Third-party and creditor rights: provisional attachment under §5 of the Indian PMLA, 2002

PurposeThe purpose of this paper is to consider the effect of the Prevention of Money Laundering Act (PMLA), 2002 on the property rights of third parties, by evaluating whether the interpretation of the scheme of the PMLA, 2002 results in a deprivation of rights, by virtue of the provision for the provisional attachment of property.[AQ3] In doing so, this paper attempts to consider two sub-categories of third parties that stand affected by §5 of the PMLA, 2002.Design/methodology/approachPrimarily the authors analyse diverging judgements and case law across various high courts to evaluate the position of law with regards to attachment of property. To reach a precise legal conclusion, the authors consider the composite scheme of the PMLA, 2002 in their analysis.FindingsIt has been concluded that there is a clear lack of judicial cohesion in the interpretation of the PMLA, 2002, and in the absence of a judgement by the Supreme Court of India, enforcement authorities have failed to correctly identify the boundaries of the offence of money laundering, resulting in a dangerous deprivation of rights.Originality/valueThis paper fills a vacuum of detailed scholarship on anti-money laundering provisions in India, while also being contemporaneously relevant, as it considers the effects of the PMLA, 2002 on bona fide economic transactions and secured creditors.

Post-Termination Responsibility of States?—The Impact of Amendment/Modification, Suspension and Termination of Investment Treaties on (Vested) Rights of Investors

Abstract The recent practice of States to amend, suspend or terminate investment treaties has moved questions of potential ‘post-termination responsibility’ to the forefront of the contemporary legal discourse in international investment law. Although States have often included provisions in their respective treaties to regulate post-termination protection of investments, some aspects of the aftermath of treaty terminations are still unsettled. This article defines and discusses various types of ‘post-termination responsibility’ by reviewing current practice, doctrine and jurisprudence on the matter. In that vein, it examines terminations, modifications and suspensions that were unlawful and ineffective, or effective but not capable of releasing the State from all treaty obligations either by virtue of survival clauses or separate principles of vested or third-party rights. It then elaborates on denunciations of the ICSID Convention or terminations of BITs and their effects on pending proceedings or the right to initiate proceedings in the future. Moreover, the article discusses whether survival clauses apply solely to unilateral or also to mutual terminations of investment treaties. It will also address the question whether investor rights may continue to be protected as a result of acquired/vested rights or third-party rights. By analysing the most recent jurisprudence and practice of States, as well as more general foundations of general international law, this article aims to contribute to a clarification of these questions.

Cut-Through Clauses in Aviation Insurance and Reinsurance Policies

This article analyses the operation of cut-through clauses in aviation insurance and reinsurance policies, with particular reference to the Lloyd’s Market Association (LMA) standard form cutthrough endorsement, AVN 109. It does so from the perspectives of the usual parties to aviation insurance policies, including on the insured’s side owners, operators, lessors and financiers, and on the underwriters’ side insurers and reinsurers. It considers cut-through clauses’ operation in the context of fronting arrangements, insurer insolvency (which brings into play the anti-deprivation principle), other bars on payment and coverage disputes. An insured’s ability to compel payment directly from the relevant insurer and the legal proceedings that may be required are discussed. The analysis is provided primarily under English law, including reference to the Contracts (Rights of Third Parties) Act 1990 and Randgold Resources Ltd & Anor v. Santam Ltd & Anor [2018] EWHC 2493 (Comm), though the laws of New York and other jurisdictions are also briefly considered. The article concludes with practical recommendations for aviation insurance policy holders to consider when negotiating cut-through clauses, so as to maximize the protection that they provide. Insurance, reinsurance, cut-through, aviation, AVN 109

Procedural Rights and Obligations of Third Parties in Antitrust Investigations and Proceedings by the European Commission

This Article provides a systematic overview of the procedural rights and obligations of third parties in investigations and proceedings conducted by the European Commission for the enforcement of Articles 101 and 102 TFEU. Third parties are all natural or legal persons, undertakings and associations of undertakings other than those under investigation. This article examines the possibilities for third parties to inform the European Commission about a suspected infringement and to trigger an investigation by the European Commission; the obligations and rights of third parties when responding to requests for information sent to them by the European Commission, when participating in interviews, and when submitting to inspections conducted by the European Commission; the possibilities for third parties to obtain information about pending proceedings and to express their views in them; the rules on the use of languages; and the protection of business secrets and other confidential information, and the restrictions on the use of information obtained by third parties through their participation in the European Commission’s proceedings. Procedural rights and obligations, Third parties, Antitrust proceedings and investigations, European Commission, Enforcement of Articles 101 and 102 TFEU, Informants, Requests for information, Inspections, Use of languages, Protection of confidential information

Legal model for combating information inaccurate on the internet (on the example of Australia)

A false sense of anonymity and impunity on the Internet leads to the emergence of such an offense as the dissemination of information that does not correspond to reality that violates the rights of third parties. Despite the legal responsibility for such actions, the number of such offenses on the Internet does not decrease. The Internet brings its own specifics to the regulation of emerging relations, for example, to determine the place and source of publication, the identity of the publisher requires information about all ongoing activity on the Internet, which is stored by Internet intermediaries. Accordingly, the system of organizational and legal mechanisms for regulating Internet relations should take into account the technological specifics of the activities of various Internet intermediaries. In the article analyzes the main changes in Australian legislation aimed at determining the responsibility of Internet intermediaries for the dissemination of information that does not correspond to reality; the stages of the formation of an organizational and legal system for preventing the dissemination of this information in the Australian segment of the Internet, as well as law enforcement practice.

Homeowners’ Associations as Urban Property Management Entities

The concept “homeowners’ association” falls within the description of fragmented property schemes. It is an entity that is the owner or manager of communal property and the land of an estate, consisting of individual properties owned by members of the association and communal areas used collectively by the individual owners. The individual properties and communal areas are managed in terms of conditions and rules, albeit with different purposes. A homeowners’ association is normally a juristic person incorporated as a non-profit company or by agreement between the individual owners as members to establish a common law juristic person. In terms of its management documents, it has the capacity to manage the estate and enforce the rules of the scheme. Therefore, the memorandum or constitution should contain specific management directions, which are discussed in this article. The rules of the scheme must be approved by the Ombud for Community Schemes before they may be enforced. The latter may also be approached to mediate disputes between members of the association or between members and the management. Initially the social-political need for urban fragmented property schemes is explained, followed by an analysis of the management of urban fragmented property. It is emphasised that ownership of immovable property is not only an individual right, but also fulfils an important community function. The legalities surrounding the establishment of a homeowners’ association is thereafter discussed. Essential matters to be included in the management documents are examined with specific reference to the enforceability and constitutionality of the rules of the association. Finally, the establishment of gated communities is reviewed with an emphasis on the constitutional viability of imposing limitations on the fundamental rights of owners, occupiers and third parties (like visitors and employees) who need access to the scheme or want to use communal areas in the scheme.

Income Taxes: Objective Values or Subjective Values as They Result from Financial Statements that Contain Subjective Data or Values Determined Subjectively by Financial Reporting Preparers?

Research on more than 1500 Italian companies from 2016 to 2019 shows that the inclusion of tax values in financial reporting without any economic content is a widespread accounting practice. Tax interferences in financial reporting have various motivations and prove consequences both inside and outside the company. In the following pages, we will illustrate the results of the analysis carried out, the motivations leading to the incorrect accounting behaviour of the implementation of tax interferences and the consequences resulting from this widespread practice. It should be noted that tax interference causes problems both inside and outside the company. Such tax contamination of financial reporting affects the rights of third parties outside the company, and creates the conditions for challenges to financial reporting due to invalidity of the document. It also creates a basis for incorrect accounting data that can lead to wrong decisions by management.

Isolation And Characterization Of Biosurfactant Producing Bacteria From Different Environmental Soil Samples

Isolation And Characterization Of Biosurfactant Producing Bacteria From Different Environmental Soil Samples

Perlindungan Hukum Terhadap Pihak Ketiga Akibat Direksi Melakukan Tindakan di Luar Anggaran Dasar Perseroan Terbatas

Company carrying out actions outside the articles of association can basically be explained from the idea that the principles outside of these articles of association are generally accepted doctrines. In this case, sometimes there are problems that occur, so legal protection for third parties is very necessary in overcoming actions outside the articles of association of the limited liability company. The purpose of this study is to reveal the legal protection of third parties in the case of directors taking actions outside the articles of association of a limited liability company in an effort to restore the rights of third parties for actions by directors outside the articles of association of a limited liability company (PT). The type of research applied in this research is normative research. The sources of legal materials used are primary and secondary legal sources. Techniques for collecting legal materials by studying document recording. After the legal material is collected, it is then analyzed qualitatively. The results of the study reveal that in Indonesia it is possible to implicitly state the Limited Liability Company Law, acknowledge and accept the Doctrine outside the articles of association of the Limited Liability Company. In addition, there are also some grounds that can be used as an alibi to provide protection against third parties. These basics include the Principle of Good Faith, the Pacta Sun Servanda Principle and the Doctrine outside the Modern constitution. By relying on these basics, preventive legal protection and repressive legal protection can be provided.

L’interprétation des clauses base-réclamation dans les contrats d’assurance de responsabilité civile au Québec

Le présent article aborde la question de l’interprétation des clauses base-réclamation en droit des assurances québécois. Définies principalement par la doctrine comme des clauses dont les effets consistent à assimiler le sinistre à la réclamation de la victime, le recours aux clauses base-réclamation suscite plusieurs interrogations quant à leur licéité à la lecture des articles 2396 du Code civil et 2414 du même code. Alors que le premier article définit le sinistre comme le fait dommageable, le second article énonce le caractère d’ordre public relatif des dispositions du chapitre XV du titre 2 du livre V du Code civil au rang duquel figure l’article 2396 du Code civil. L’article 2414 énonce que les dispositions du chapitre XV peuvent faire l’objet d’une dérogation si celles-ci avantagent le preneur, l’assuré, le bénéficiaire ou ne porte pas atteinte aux droits des tiers. Or, l’un des principaux effets des clauses base-réclamation est de restreindre considérablement l’action directe du tiers à l’égard de l’assureur, mais aussi, de faire peser sur le dos de l’assuré l’absence de diligence du tiers lésé. Dans le silence de la Loi, il incombe alors aux tribunaux d’apprécier la conformité des clauses base-réclamation à l’ordre public relatif énoncé à l’article 2414 par le truchement de l’ordre public virtuel. Cet article tente de proposer des moyens d’interprétations visant à établir l’illicéité des clauses base-réclamation.

Corrigendum: CX3CR1 But Not CCR2 Expression Is Required for the Development of Autoimmune Peripheral Neuropathy in Mice

[This corrects the article DOI: 10.3389/fimmu.2021.720733.].

Legal Analysis of the Exemption of Iranian Red Crescent Relief Workers from Compensation for Traffic Accident Injuries

INTRODUCTION: The main activities of the Red Crescent rescuers are to rescue and release the injured. Most of the actions of these forces in road accidents cause damage to the body and rights of injured persons and third parties. These damages, which are required to carry out the activities of the relief force, are allowed subject to the normal damage; however, they are responsible for the damages that result from their indulgence and misappropriation. The main question is "What are the legal principles of exemption of relief workers from civil liability and how is it possible to combine the protection of the rights of the victims toward their bodies, lives, and property with supporting the good intentions and actions of the aid workers and performing their legal duties? METHODS: This descriptive-analytical research describes the subjects or phenomena and their conditions and elements. Considering that to conduct research and explain the content, the provision of legal analysis is based on the analytical method, the method of data analysis is also based on the logical analysis. In this research, documents at traditional and digital libraries were used for data collection and note-taking was employed as the tool to gather data. FINDINGS: This study, through contrasting the two ideas of protecting aid workers and the rights of victims to physical integrity, aimed to destabilize the relief workers' exemption based on such principles as beneficence, rule of law, urgency, and benevolent intervention and determine the limits and conditions of such exemption to ensure that the guaranteed rights of the injured individuals are not violated on their bodies and property. CONCLUSION: It seems that the rule of law is the only basis that can always justify the relief workers' exemption from civil liability and other justifiable factors cannot always be compatible with the situation of relief workers. According to the rule, beneficence, the rule of law, benevolent intervention, and urgency can be considered factors in exempting relief workers. However, matching the situation of the rescuers with the justifiable factors shows that the main basis of the rescuers' exemption is the rule of law, which gives them the authority and duty to carry out rescue operations, and the necessary damages to rescue the injured is based on the rule of "permission in the object results in permission in its consequences".

Corrigendum: The Composition and Distribution of Volatile Organic Compounds in Sediments of the East Taijinar Salt Lake in Northern Qinghai-Tibet Plateau

In the original article, there was a mistake in ** Figure 1** as published. **In figure 1, "West Taijinar slat lake" and "East Taijinar slat lake" were spelled incorrectly, they should be " "West Taijinar salt lake" and "East Taijinar salt lake" **. The corrected ** Figure 1** appears below. The authors apologize for this error and state that this does not change the scientific conclusions of the article in any way. The original article has been updated.Figures, tables, and images will be published under a Creative Commons CC-BY licence and permission must be obtained for use of copyrighted material from other sources (including re-published/adapted/modified/partial figures and images from the internet). It is the responsibility of the authors to acquire the licenses, to follow any citation instructions requested by third-party rights holders, and cover any supplementary charges.

Analysis of Tenurial Conflict of the Bunaken National Park (A Case Study of Mantehage Island)

Bunaken National Park was designation based on the Decree of the Minister of Forestry Number: SK. 734 / Menhut-II / 2014. Boundary demarcation process of Bunaken National Park in Mantehage Island was rejected by the community due to land claims in the form of gardens and settlements. This study puposes to answer how the state of land cover and use of the Mantehage Island and how the tenurial conflicts. The analysis used is spatial analysis and Rapid Land Tenure Assessment (RaTA). The results indicate that land cover and use consisted of primary mangrove forests, dry land agriculture, mixed gardens, scrub, settlements and roads. Conflict occurred between the community and the Forest Area Boundary Committee for North Minahasa Regency because the community did not understand the boundary demarcation activitiess and regulations that could provide a solution to their land conflict problems. Conflict resolution mechanisms that can be taken is the settlement of third-party rights in boundary demarcation process, review of spatial planning and conservation partnerships.

Analysis of Tenurial Conflict of the Bunaken National Park (A Case Study of Mantehage Island)

Bunaken National Park was designation based on the Decree of the Minister of Forestry Number: SK. 734 / Menhut-II / 2014. Boundary demarcation process of Bunaken National Park in Mantehage Island was rejected by the community due to land claims in the form of gardens and settlements. This study puposes to answer how the state of land cover and use of the Mantehage Island and how the tenurial conflicts. The analysis used is spatial analysis and Rapid Land Tenure Assessment (RaTA). The results indicate that land cover and use consisted of primary mangrove forests, dry land agriculture, mixed gardens, scrub, settlements and roads. Conflict occurred between the community and the Forest Area Boundary Committee for North Minahasa Regency because the community did not understand the boundary demarcation activitiess and regulations that could provide a solution to their land conflict problems. Conflict resolution mechanisms that can be taken is the settlement of third-party rights in boundary demarcation process, review of spatial planning and conservation partnerships.

Protection of the Rights of Parties, Participants and Third Parties During Enforcement in Republic of North Macedonia

Abstract The aim of this paper is to analyze the protection offered to parties, participants and third parties during enforcement, as one of the most important requirements of the enforcement procedure. Having in mind that bailiffs except for implementing enforcement, they are also competent to determine the means by which creditors’ claims will be fulfilled. The realization of the creditors’ claims does not mean use of any kind of measure or enforcement procedural activity. In this context the authors review ways in which debtors and their family members can be protected during enforcement actions, such as measures of exclusion and restriction of enforcement on the debtor’s items and income. Furthermore, the authors elaborate other legal and important ways for protection of parties, participants and third parties, such as opposition to illegality and complaints provided by the Law on Enforcement. In this regard, results of this research have shown that the RNM is making efforts to create a more effective enforcement system, which includes guarantees not only for the protection of the creditor and the debtor as a party, but also for the participants and third parties. From the enforcement experiences of citizens were reported dissatisfaction and complaints of citizens regarding the performance of bailiffs, namely taking the necessary means of subsistence form them. To avoid this situation Amendments on the Law on Enforcement in 2020 were brought, so the legal framework was clarified in terms of measures for exclusion and restriction of enforcement. This resulted in the prevention of economic damage of debtors and their family, because now no action can be taken if the debtor has an average salary or pension. Extraordinary legal remedies in enforcement proceeding are excluded, but there are other safeguards that are related to enforcement process but are not regulated by the Law on Enforcement.

A basic scheme of soybean transformation for glyphosate tolerance using Agrobacterium tumefaciens through an approximation of patents: a review

Concern has been expressed on the control of agricultural biotechnology through patents that may adversely affect the development of competing crops. Soybean is one of the most important crops around the world (~287 million t per year), above potatoes (45 million t per year), tomatoes (23 million t per year), or wheat (116 million t per year), with prices for American producers ranging between USD 278.8 and USD 650.3 t-1. Soybean belongs to the Fabaceae family and has been genetically modified (GM) to improve its tolerance to herbicides, including glyphosate, its resistance to insect pests, and the quality of soy oil. Glyphosate-tolerant soybean has received a gene coding for the 5-enolpyruvylshikimate-3-phosphate synthase (EPSPS). There are a number of variables that contribute to the development of a GM soybean event. Such variables include tissue culture, selection methods, cloning vectors, and Agrobacterium strains that affect transformation efficiency and can be associated with patents. Chlorine gas disinfection is the most appropriate technique for plant material. Production of explants with shoots and molecular and phenotypic features (e.g., antibiotic susceptibility) of bacterial strain must be assessed. A long-term glyphosate selection arrangement is the most suitable and a consistent approach for the selection of events of GM soybean with tolerance to glyphosate. Freedom-to-operate evaluation must be carried out to find the specific elements neccesary for GM plant development that do not infringe the rights of third parties. These rights come into effect from the patent application date for a definite geographical region involving construct design and its synthesis, transformation vector, bacterial strain, methods, or reporter gene. In this review, the protocols relating to experiments for the development of GM soybean using an epsps gene are included, and considerations relating to intellectual property rights are involved. The major elements associated with each stage of the development of patents are described including the following: the soybean genotype, seed disinfection, genetic construct design and its synthesis, tissue culture protocols, selection strategy without gene reporter, and Agrobacterium strain. This review is a guide for carrying out technical procedures when the desired product is the off-patent GM soybean with tolerance to glyphosate.