A intervenção da seguradora nas acções propostas contra o segurado

The problem to be discussed results from the relationship established between the insurer and insured by the conclusion of an insurance contract, namely an optional liability insurance contract, to cover the risks taken by the insured resulting from the occurrence of a claim, such as those arising from the emergence of the liability and consequent obligation to compensate damages caused to a third party. This thesis concerns thus the debate between those who consider that, in the optional insurance, the third party may require compliance with the provision to both the insured and the insurer (in the case of voluntary joinder, pursuant to Art. 27 CCP, which corresponds Art. 32 of the New Code of Civil Procedure, Law n. 41/2013 of 26 June, which entered into force on 1 September, hereinafter New Code) - insurance contract on behalf of a third party conception - in the same way that the insured defendant can bring the insurer to intervene as co-defendant in the main process, pursuant al. a) of art. 325 of the CCP (corresponding to art. 316 of the New Code - main intervention caused), and those who argue that the insurer may only intervene in the action as an ancillary party, to assist the defendant, lacking interest, therefore, in necessary or volunteer joinder, with the consequence that the insurer cannot be sued as a main party - only ancillary intervention is justifiable (cf. art. 330 CPC, which corresponds to art. 321 of the New Code).

O processo sumário e a reforma do Código do Processo Penal de 2013

The present work aims to develop the theme "The summary procedure and the reform of 2013". The purpose of its analysis serves the interest to understand the virtues and disadvantages of the changes introduced by Act n.º 20/2013 to our Code of Criminal Procedure, and the main focus of the present reflection is to further the impact of the measures taken by the legislator to the summary proceedings. The opening of the most serious crimes to summary procedure is a reform measure duly highlighted because it is a true innovation in the Portuguese penal system. Therefore, it urges to analyse not only the consequences of this measure, as well as if the objectives of its introduction in the summary procedure system are met. It should be noted that the legislator intends to promote speedy trial, and at the same time, ensure compliance with the Constitutional rights associated to the accused. At this point it is important to realize if there is a restriction of the accused essential guarantees. On the other hand, it should be noted that the typical characteristics of summary proceedings might have been invariably modified, due to the innovative aspect of the reform. That said, the changes might have fostered a mischaracterization of the typical format of the summary procedure, both in terms of the nature of the proceedings and in terms of its space and objectives within the penal system. Reflecting on the above will provide a deeper understanding of the volatile balance between the Portuguese governing prosecution efficiency and the Constitution, as well as the future of the criminal policy in Portugal.

Mathematical modelling of shallow flows: closure models drawn from grain-scale mechanics of sediment transport and flow hydrodynamics

Canadian Journal of Civil Engineering 36(10) 1605–16

Developing and validating a measure of the strength of the HRM system: Operationalizing the construct and relationships among its dimensions

The four studies in this article introduce a questionnaire to measure Strength of the HRM System (HRMSQ), a multidimensional construct, theoretically developed by Bowen and Ostroff (2004). Strength of the HRM System is a set of process characteristics that lead to effectiveness in conveying signals to employees that allow them to create a shared meaning of desired and appropriate work behaviours. Nine characteristics are suggested, grouped in three features: Distinctiveness, Consistency and Consensus. Study 1 developed and tested a questionnaire in a sample of workers from five different sectors. Study 2 cross-validated the measure in a sample of civil servants in a municipality. These two studies used performance appraisal as the reference HRM practice and led to a short version of the HRMSQ. Study 3 and Study 4 extend the HRMSQ to several common HRM practices. The HRMSQ is tested in two samples, of call center and several private and public organizations‟ workers (study 3). In study 4 the questionnaire is refined and tested with a sample from a hotel chain and finally cross-validated with two other samples, in the insurance and batteries sectors, leading to a longer version of the HRMSQ. Content analysis of several interviews with human resource managers and the Rasch model (1960, 1961, 1980), were used to define and select the indicators of the questionnaire. Convergent, discriminant and predictive validity of the measure are tested. The results of the four studies highlight the complexity of the relationships between the proposed characteristics and support the validity of a parsimonious measure of Strength of the HRM System.

Numerical prediction of diffusion and electric field-induced iron nanoparticle transport

Zero valent iron nanoparticles (nZVI) are considered very promising for the remediation of contaminated soils and groundwaters. However, an important issue related to their limited mobility remains unsolved. Direct current can be used to enhance the nanoparticles transport, based on the same principles of electrokinetic remediation. In this work, a generalized physicochemical model was developed and solved numerically to describe the nZVI transport through porous media under electric field, and with different electrolytes (with different ionic strengths). The model consists of the Nernst–Planck coupled system of equations, which accounts for the mass balance of ionic species in a fluid medium, when both the diffusion and electromigration of the ions are considered. The diffusion and electrophoretic transport of the negatively charged nZVI particles were also considered in the system. The contribution of electroosmotic flow to the overall mass transport was included in the model for all cases. The nZVI effective mobility values in the porous medium are very low (10−7–10−4 cm2 V−1 s−1), due to the counterbalance between the positive electroosmotic flow and the electrophoretic transport of the negatively charged nanoparticles. The higher the nZVI concentration is in the matrix, the higher the aggregation; therefore, low concentration of nZVI suspensions must be used for successful field application.

Experimental characterization of an earth eco-efficient plastering mortar

Earthen plastering mortars are becoming recognized as highly eco-efficient. The assessment of their technical properties needs to be standardized but only the German standard DIN 18947 exists for the moment. An extended experimental campaign was developed in order to assess multiple properties of a ready-mixed earth plastering mortar and also to increase scientific knowledge of the influence of test procedures on those properties. The experimental campaign showed that some aspects related to the equipment, type of samples and sample preparation can be very important, while others seemed to have less influence on the results and the classification of mortars. It also showed that some complementary tests can easily be performed and considered together with the standardized ones, while others may need to be improved. The plaster satisfied the requirements of the existing German standard but, most importantly, it seemed adequate for application as rehabilitation plaster on historic and modern masonry buildings. Apart from their aesthetic aspect, the contribution of earthen plasters to eco-efficiency and particularly to hygrometric indoor comfort should be highlighted.

A obrigação alimentar

There is an undeniable link between child support and scholarship, under article 1880 of the portuguese Civil Code. Of course, by being within family relationships, such link could not be out of controversy. At a time when the continuation of studies is more and more urgent, this link between the two, is often subject of disputes, especially resultant from the interpretation of the law, due to the wide extension that it is entitle to; and many times is also insufficient to the most interested people – the youngsters that want to study. Regardless of the imprecision that rules under article 1880 of the portuguese Civil Code, this article reveals a huge importance by enabling young adults and students to continue their studies, with the financial help from their parents - the responsibility of the parents with the support of their children should have ended by the time they have become legal adults, but it is extended by this article, once the criteria is filled, especially related to the reasonableness of what is required to the parents and the temporal duration of the education chosen. That is, considering that reaching adulthood does not cease the duty of support from the parents, it is important to know how much can parents provide to their children, bearing in mind their income and the child’s and his/her needs, behavior and the intellectual capacity of the child as a student and also the parent-child relationship; and, until when is such support due, taking in to account several circumstances of life and the difficulties inherent to the degree chosen and even the extension of the studies to a master or to a PhD degree that justifies the extension of the parent’s duty. Anyway, the application of article 1880 of the portuguese Civil Code is always based on a case by case analysis and on the economic insufficient of the youngsters to suffice themselves and the simultaneous desire to continue their studies.