Third-party Property Research Articles

Вопросы юридической ответственности при использовании искусственного интеллекта в управлении боевыми действиями

The article analyzes the legal consequences of the use of artificial intelligence in combat control systems that carry out their centralized planning and coordination. The nature and method of compensation for damage caused to non-combatants and property of third parties as a result of decision-making by a robotic complex in an autonomous mode without human participation is being studied. The author makes a comparative analysis of foreign novels on issues of legal liability related to the use of artificial intelligence in combat operations management, in particular, the American approach based on the concept of “collateral damage”. Legislative novelties are proposed designed to adapt the law enforcement sphere to new practices of introducing artificial intelligence into combat control systems.

Verification and Validation of Spectral Element Code for Supercritical CO2 Flow in Vertical Heated Tubes

The investigation of heat transfer in supercritical CO2 (sCO2) has garnered considerable attention in recent decades, given sCO2’s potential as a promising working fluid for advanced power conversion cycles. Despite previous research efforts, there are still gaps in our understanding of sCO2 heat transfer, particularly in conditions associated with heat transfer deterioration. To delve into sCO2 heat transfer more comprehensively, we propose employing the high-fidelity computational fluid dynamics code NekRS to simulate sCO2 flow using the large eddy simulation technique. Through graphics processing unit acceleration, NekRS achieves a higher computational speed than traditional CPU-based systems. However, before using NekRS in practical applications involving sCO2, it is imperative to perform verification and validation. This paper presents our efforts to verify and validate the NekRS code’s capability for simulating sCO2 using heated vertical tubes, where heat transfer deterioration usually happens. To accommodate the unique properties of sCO2, we have modified the NekRS code by integrating third-party property modules, such as REFPROP and PROPATH. Our simulations are compared with experimental and numerical data from the literature, instilling confidence in leveraging NekRS for future engineering applications. Our simulations also reveal that the accuracy of the property module significantly impacts the results, with REFPROP outperforming PROPATH for sCO2 properties. Additionally, we observed that, depending on the flow direction, buoyancy can either enhance or suppress turbulence in sCO2 flow. In upward flow, under certain conditions, the suppressed turbulence leads to heat transfer deterioration, resulting in elevated wall temperatures.

Sterilization of Homeowners’ Land and Loss of Property Value Occasioned by Aggregate Extraction in Ontario: A De Facto Taking Without Compensation

Aggregate extraction operations are notorious for causing significant environmental damage, often permanent and irreversible, and when permitted in the wrong geographic locations nearby property owners are adversely and uniquely impacted. Through no fault of their own conduct, innocent property owners near an aggregate extraction operation experience a diminished quality of life, lose the full use and enjoyment of their properties, and sustain a reduction in the value of their properties, for which no compensation is received. The unauthorized and free use of third-party property by a Pit or Quarry results in a de facto taking of an interest in land similar to an easement for as long as the Pit or Quarry remains operational, which, in Ontario, should be assumed to be in perpetuity. A Licence to extract aggregate has no expiry date, and annual tonnage figures are not publicly accessible. Given the indeterminate duration of aggregate extraction, municipalities need to develop robust land use policies that will protect existing communities, sustain orderly and efficient long-term growth and preserve the quality of life for future generations.

Правовые аспекты обеспечения прав титульного владельца газопровода при выполнении работ на чужих земельных участках

This article is dedicated to a complex study of the issues of protection of rights of title gas pipeline holders (gas pipeline owners and gas pipeline operating companies) in performance of engineering works on gas transmission network sections located within the boundaries of land plots owned by others. Considering the special nature of a gas transmission network as a source of increased danger and a hazardous industrial facility, the author believes that one of the priority areas of gas pipeline operation is regular diagnostics and maintenance as well as in-process current (emergency) repair performed to avoid any breakdowns of the normal operation mode of the gas transmission network and causing of damage to lives, health and property of third parties. Taking into account these circumstances and the specifics of legal regulation of gas pipeline operation, the author of the article singles out the legal problem that lies in the ambiguity of approaches to the solution of the issue of provision of the title gas pipeline holder with access to the operated section of the gas transmission network if such facility is located within the boundaries of a land plot not owned by the gas pipeline holder. In order to solve this problem, the author performs a systemic analysis of the applicable laws of the Russian Federation and the legislative practice of some foreign countries and singles out three key concepts of provision of access to a gas pipeline located at a land plot owned by another person; such concepts include an opportunity to establish private or public easement and imperative proclamation of the unconditional right of the gas pipeline holder to unrestricted access to any section of the operated gas transmission network irrespective of the ownership of land plots such sites are located at. The author gives a systemic evaluation of each of the mentioned conceptual approaches; based on such evaluation, the author brings forward recommendations for improvement of the applicable laws to comply with the proclaimed principle of ensuring energy security of the Russian Federation.

Simulator Study on Emergency Manoeuvre on Ship Entering Colombo Harbour

Colombo Harbour has had its fair share of ship accidents just like any other port. The Harbour breakwater has a comparatively narrow entrance today as it was built in 1800’s when the ships were much smaller. Since then, ship sizes have continued to increase. There is a race amongst companies to build and own the largest ship. A good recent example is the “Ever Given” 22000 TEU ship which blocked the Suez Canal. Now they build the “Ever Accept” an even larger 24000 TEU ship which still will transit the canal. Risk assessments need to be done for the safety of the ports and the safety of other ships in the port. The Harbour water area in Colombo remains the same has even decreased when privatization of QEQ to SAGT took place, which was a big mistake. Large ships have come into the Colombo harbour and have not been able to stop in time due to various reasons and damaged Jetties and other ships and third-party properties in the harbour. Here we look at how to stop such accidents.

Transaction Cost and Agency Perspectives on Eco-Certification of Existing Buildings: A Study of Hong Kong

Eco-certification schemes are usually launched with various incentives provided by local governments to facilitate green building development and building energy retrofits. A number of barriers to building energy retrofitting have been identified in previous literature, while the barriers to the eco-certification of existing buildings are under-researched. Drawing on a set of building data retrievable from the BEAM Society and other sources, we carried out an analysis and found the building energy retrofitting, as well as the certification process, were unwelcomed in multi-owned residential buildings. The identified shortfall is put forward from the perspectives of transaction cost theory and agency theory. The findings reveal that high transaction costs incurred during negotiations and coordination among a large number of co-owners within a typical apartment building can outweigh the benefits of retrofitting and eco-certification. Besides, the remuneration structure of third-party property management agents discourages agents from facilitating co-owners to initiate retrofitting. This study provides significant implications for policymakers to understand the concerns of building owners and managers over the decisions and the processes of both the building energy retrofits and eco-certification. The problems and barriers unveiled in this study will facilitate the refining of current energy efficiency policies and related incentives designs.

Does Autism Affect Children\u2019s Identification of Ownership and Defence of Ownership Rights?

This study investigated how autism spectrum disorder (ASD) impacts children’s ability to identify ownership from linguistic cues (proper nouns vs. possessive pronouns) and their awareness of ownership rights. In comparison to typically developing (TD) children matched on receptive language (M age equivalents: 53–56 months), children with ASD were less accurate at tracking owner-object relationships based on possessive pronouns and were less accurate at identifying the property of third parties. We also found that children with ASD were less likely to defend their own and others’ ownership rights. We hypothesise that these results may be attributed to differences in representing the self and propose that ASD may be characterised by reduced concern for ownership and associated concepts.

Binding of Third Party Guarantee Objects in Financing Agreement in PT Multindo Auto Finance in Padang City

Financial institutions both banks and non-banks play an important role. Financial Institutions is one non-bank institution that is developing rapidly. Consumer financing is one form of financing institutions that is often encountered. The financing institution in practice uses Guarantees provided by the debtor are not entirely the debtor's personal property, but are collateral which is the property of third parties submitted as collateral. Default is one that can occur during the ongoing financing and a third party as the owner of the Guarantee can also be made compared to an increase in default. In the financing agreement the parties only consist of creditors and debtors. The formulation of the problem in this return is how the binding of third parties as collateral in spending and how legal protection to third parties The research method used is a sociological juridical method, namely discussing the problem by looking at applicable legal norms then discussing with legal facts that in the field. The study was conducted at PT Multindo Auto Finance Kota Padang. Binding of objects belonging to third parties is done with a letter of release of vehicle ownership rights and financing agreements are only signed by creditors and debtors. One of the legal protection for guarantees is through fiduciary. Decision of the Constitutional Court Number 18 / PUU / XVII / 2019 regarding the implementation of fiduciary executions that were not voluntarily approved by the debtor, the procedure must be carried out to execute a court decision with permanent legal force. Protection of the owner.

Young Children Use Discovery and Creation Significantly More Than Adults for Deciding Ownership

The present study attempted to determine differences between children and adults in the resolution of third-party property disputes involving different claims for ownership. Children (n = 110; mean age ± SD = 6.3 ± 1.2) and adults (n = 74; 37.5 ± 12.6) watched videos depicting ownership conflicts between two characters who held opposing claims over an object and were asked to decide who should own it. In the stories, each character based her claim on one of four distinct arguments: Discovery, Creation, Occupation, and Transaction. A key difference between these claims lies in the presence or absence of a “first possession” element: Discovery and Creation imply prior possession of the discovered or created object, whereas Occupation and Transaction necessarily involve a preexisting owner. We found that children assigned ownership to prior possessors in the stories twice as much as adults (Medians = 4 and 2, out of four cases, respectively; p < 0.001) and favored discoverers and creators substantially more than adults. Previous studies have demonstrated the importance of first possession in the adjudication of ownership for both children and adults. The present study deals with first possession as instantiated in Discovery and Creation episodes and provides novel quantitative evidence that children value first possession significantly more than adults. In contrast with previous studies, we found that discovery trumps creation in certain contexts, suggesting that narrative and contextual details influence children’s reasoning.

Raz jeszcze o odpowiedzialności za przywłaszczenie przedmiotu wchodzącego do majątku wspólnego małżonków

The legal assessment of misappropriation of property belonging to community property by one of the spouses constitutes a heavily contested issue in criminal law. The article analyzes a well-established opinion, according to which such property can be the object of the crime of misappropriation, and which cites the rules of the civil law. The article focuses on the issue of the possibility of assuming in such cases an attack on property, i.e. a violation of the object of the offence, discussed from the perspective of family law, which allows spouses to dispose of such property without the permission of the other spouse, on the basis of the rule of independent property management. Moreover, the author verifies the prerequisite for the seizure of third-party property, given that the property in question belongs also to the defendant, in accordance with the rules of community property. In addition to that, the author discusses the issue of meeting the prerequisites for the subjective aspect and the rule for evaluating the damage inflicted by the offence. The latter issue has been identified as particularly controversial, given that determining the scope of the possible restitution claims according to the value of property which constitutes the object of the offence in a situation where the property belongs also to the defendant is contrary to the intuition of criminal law scholars.

Promoting sustainability in the United States multifamily property management industry

Efforts to promote environmental sustainability in the real estate industry continue to proliferate throughout the United States in response to both economic and social forces. This trend has received a considerable amount of attention in the academic literature, yet relatively little is known about the importance of sustainability to third-party property management firms operating in the multifamily sector of the housing market. For those interested in promoting sustainability, an important question that arises is whether barriers to environmentally-friendly business practices commonly observed throughout the housing industry extend to the market for third-party property management services. A second question of equal relevance focuses on determining what sustainability initiatives third-party property management firms are actually using in their efforts to procure new clients or retain existing ones. The qualitative analysis presented in this paper is one of the first to the authors’ knowledge to explore third-party property managers’ perceptions about sustainability in an attempt to address the aforementioned issues. The findings of this study support two overarching conclusions. First, sustainability is increasingly being promoted by large, third-party property management firms in the multifamily housing industry. Nonetheless, numerous barriers are perceived to exist that may impinge upon future efforts to reduce the environmental impact of the rental housing stock. Second, some firms appear to be better positioned than others to take advantage of sustainability initiatives as a result of the types of properties they manage and the characteristics of the owners they represent.

Hierarchical Insurance Claims Modeling

This work describes statistical modeling of detailed, microlevel automobile insurance records. We consider 1993–2001 data from a major insurance company in Singapore. By detailed microlevel records, we mean experience at the individual vehicle level, including vehicle and driver characteristics, insurance coverage, and claims experience, by year. The claims experience consists of detailed information on the type of insurance claim, such as whether the claim is due to injury to a third party, property damage to a third party, or claims for damage to the insured, as well as the corresponding claim amount. We propose a hierarchical model for three components, corresponding to the frequency, type, and severity of claims. The first model is a negative binomial regression model for assessing claim frequency. The driver’s gender, age, and no claims discount, as well as vehicle age and type, turn out to be important variables for predicting the event of a claim. The second is a multinomial logit model to predict the type of insurance claim, whether it is third-party injury, third-party property damage, insured’s own damage or some combination. Year, vehicle age, and vehicle type turn out to be important predictors for this component. Our third model is for the severity component. Here we use a generalized beta of the second kind of long-tailed distribution for claim amounts and also incorporate predictor variables. Year, vehicle age, and person’s age turn out to be important predictors for this component. Not surprisingly, we show a significant dependence among the different claim types; we use a t-copula to account for this dependence. The three-component model provides justification for assessing the importance of a rating variable. When taken together, the integrated model allows more efficient prediction of automobile claims compared with than traditional methods. Using simulation, we demonstrate this by developing predictive distributions and calculating premiums under alternative coverage limitations.

Use and Evolution of the Claims-Made Policy Form in Environmental Insurance: Selected Issues

Environmental risks have two basic components: the policyholder's obligation to clean up contaminated property and the policyholder's potential liability to third parties, including the government, resulting from environmental damage. The environmental risks for which policyholders seek coverage include environmental cleanup costs, third-party bodily injury claims, third-party property damage or devaluation claims, fines/penalties for noncompliance, or loss of market share due to lack of environmental stewardship. To be certain that all aspects of potential environmental liability are covered, an expert insurance consultant or broker should be retained to plan the program, analyze policy language and execute the purchase in the most cost effective way.

What is at Stake in Taking Responsibility?

Third-party property insurance (TPPI) protects insured drivers who accidentally damage an expensive car from the threat of financial ruin. Perhaps more importantly though, TPPI also protects the victims whose losses might otherwise go uncompensated. Ought responsible drivers therefore take out TPPI? This paper begins by enumerating some reasons for why a rational person might believe that they have a moral obligation to take out TPPI. It will be argued that if what is at stake in taking responsibility is the ability to compensate our possible future victims for their losses, then it might initially seem that most people should be thankful for the availability of relatively inexpensive TPPI because without it they may not have sufficient funds to do the right thing and compensate their victims in the event of an accident. But is the ability to compensate one's victims really what is at stake in taking responsibility? The second part of this paper will critically examine the arguments for the above position, and it will argue that these arguments do not support the conclusion that injurers should compensate their victims for their losses, and hence that drivers need not take out TPPI in order to be responsible. Further still, even if these arguments did support the conclusion that injurers should compensate their victims for their losses, then (perhaps surprisingly) nobody should to be allowed to take out TPPI because doing so would frustrate justice.

Where the Earth Touches the Sky: The Xavante Indians' Struggle for Land in Brazil, 1951-1979

Where the Earth Touches the Sky: The Xavante Indians' Struggle for Land in Brazil, 1951-1979

The owned property exclusion: Rules of contract interpretation versus public policy

The owned property exclusion in most comprehensive general liability policies limits coverage for property damage to injury to property other than property owned by the insured. Insureds faced with environmental contamination on their own property have attempted to obtain coverage for the remediation of their property by arguing that the owned property exclusion does not bar coverage because the insured's on‐site remediation is necessary to prevent imminent damage to a third party's property or future damage to a thirdparty's property. In addressing the owned property exclusion, courts have reached different conclusions. While the analyses of the cases that have addressed the issue are varied, this article examines two recent cases that address the more common approaches to the meaning and effect of the owned property exclusion. In a decision from the Supreme Court of Delaware, the court focused on traditional principles of contract interpretation and applied the exclusion as written. In a case decided by Maryland's intermediate appellate court, the analysis focused largely on public policy as a justification for finding that the exclusion did not apply. This article compares and contrasts the two analyses.

Ground-Movement-Related Building Damage

A concept for evaluation of building damage resulting from differential ground movement is presented in this paper. The concept is intended as a first-order method for damage assessment and relies on ground movement profile geometry, structure geometry and design, strain superposition, and critical strains of building materials. Means for estimating the degree of damage are presented in this paper so that the ground movement effects on third-party properties resulting from adjacent construction can be quickly and rationally prioritized. Prioritizing structure evaluations according to this first-order damage assessment method allows detailed evaluations to be focused on those structures that appear to be most susceptible to moderate or severe damage. Using the methods described in this paper, 20 case histories are examined, producing 43 separate evaluations, and the results compare favorably with actual damage observations.

Data sources for accident modelling

The value of modelling for the study of accidents and for devising and assessing methods of prevention depends on the reliability of data sources. Police statistics are commonly used for accidents which cause death or injury. Several studies, however, show their deficiencies particularly for injury accidents of pedestrians and pedal cyclists. Hospital records give better information on injuries and diagnostic classification by the ICD code can be usefully improved by inclusion of the “E” (circumstance) detail. Insurance data can provide another source which is likely to be best for accidents involving multiple vehicles and damage to the property of third parties. The special “no fault” compensation system in New Zealand gives an unusually full source of data suitable for statistical analysis of accidents.

Telkes v. Hungarian National Museum [No. 1

Consuls — Immunities of — Consuls Representing the Interests of a Third State at War — Consul as Garnishee — Consular Archives — Consulate as Place of Asylum — Right of Consul to refuse Disclosure of Property of Third Parties on Consular Premises.