Transmission Easement and Adverse Possession of Transmission Easement in the Polish Law

The object of analysis in the text are the issues concerned with the transmission easement and the adverse possession thereof on the grounds of the Polish law. The text features: (1) a historical outline of the solutions concerned with easements in the Polish law following 1945, (2) the institution of transmission easement introduced in 2008 and the solutions concerned with the claims for the establishment thereof at court, (3) the institution of adverse possession of transmission easement pursuant to civil law regulations, judicature and the legal doctrine. On account of the need to elaborate the wide-ranging legal issues concerned with the transmission easement in this text, the analysis embraces two research questions giving rise to the following conclusions: (1) What function is performed by the institution of transmission easement in the system of civil-law relations in the Polish law? The legislator in the articles introducing a transmission easement ossified the solutions functioning in the judicature of the Polish courts before 2008. The legal interpretation took a turn for clarification, that is for the establishment of a norm in the situation where its comprehension was dubious. It is noteworthy that in the period prior to 2008, the law provided for easement appurtenant, and on account of the usual course of judicial decisions also for easement appurtenant with the content corresponding to transmission easement. In 2008 these two “legal existences” were supplemented with a transmission easement, which nevertheless failed to resolve all the legal problems; nay, this gave rise to even more problems, e.g. the one of non-establishment of interpolar norms which would address the issues arising in connection with the use of various easement institutions in legal transactions. While amending the civil law, the legislator aimed to bring order to legal transactions by streamlining the unregulated actual state of easement in relation to transmission infrastructure, but also in relation to the situations where an easement was yet to be established and a facility yet to be constructed. Thus, such action is intended to regulate the disorderly legislation in force as well as to safeguard investment processes. This is of particular significance, for example, for energy companies which are burdened with statutory public-law obligations as regards securing energy supplies and providing for the development of energy infrastructure. Hence, the de facto introduced civil-law solutions indirectly served to realise the principles of the doctrine of easement in the public interest. (2) What legal problems in the civil-law relations does the application of the institution of transmission easement by adverse possession entail? On account of the functioning of various institutions of easement, that is (1) an easement appurtenant, (2) an easement appurtenant with the content corresponding to a transmission easement, and as of 2008 (3) a transmission easement, a problem arose as to which of the given easements companies exercised in particular periods, all the more so because before 1989 the State Treasury owned them and many of the transmission facilities were put in place by virtue of administrative decisions. The commonly held belief is that in the period of “society-oriented economy” as well as up to 2008 infrastructure companies could exercise an easement appurtenant which corresponded to the content of a transmission easement. Therefore, in such a case the running of the prescriptive period should allow for the general rules laid down for an easement appurtenant. Apart from the problem of the relation of a capacity to exercise a right to property and the free development of civil-law relations before 1989, the recognition of the running of prescriptive periods – given the functioning of the three various easements as legal institutions – became a significant legal problem. By way of illustration, the recognition – against the period of exercising transmission easement – of the period required for the acquisition thereof by adverse possession, whereby before 3 August 2008 the real estate featured the legal state corresponding to the content of this right, is debatable. One cannot recognise that within that period a transmission easement was exercised, because such a right was not in existence as yet. Therefore, the institution that might be employed is the running of the period as regards the adverse possession in relation to an easement appurtenant with the content of a transmission easement. Still, the problem remains as to whether the period of the exercise of the easement appurtenant with the content corresponding to a transmission easement can be recognised against the period of possession required for the adverse possession of a transmission easement pursuant to the regulations introduced in 2008. One might incline to the position whereby in such a case it would be right to fully recognise – against the period of exercising a transmission easement – the period of exercising an easement appurtenant corresponding thereto in respect of its content. That being so, the adverse possession of a transmission easement might ensue in such a situation on 3 August 2008 at the earliest, that is the moment the regulations governing this right come into effect. Conversely, if the prescriptive period expires before that date, the entrepreneur would acquire an easement appurtenant with the content corresponding to the transmission easement. Such an interpretation is aligned with the purpose intended by the legislator, which is to bring order to the actual state of the broadest scope with the aid of a new legal instrument. The text, while analysing the issue of a transmission easement and an adverse possession thereof as a institution of the civil law, presents only some selected problems. Hence, the analysis does not include, for example, the issues concerned with claims for remuneration (for usufruct without contractual basis or usufruct fees), or claims for compensation (redress or amends). Furthermore, the text does not conduct a more profound analysis of the relation between the provisions regulating public-law relations (e.g. acts of law introducing the institution of dispossession) and the provisions regulating civil-law relations (the easements in question).

Gender and diversity in the workplace : Introduction to the special issue

Research on gender and diversity has taken longer than usual to develop in Portuguese academia. Different explanations can be provided for the apparent lack of interest in these matters. Comparative cultural studies have depicted Portuguese culture as scoring high on femininity (Hofstede, 1991). «Femininity pertains to societies in which social gender roles overlap» (p. 82) and it may have an influence on people’s attitudes towards ‘the other’ and the role of men and women in the organisation, and in shaping the individual’s behaviour and attitudes towards equality and diversity. On the other hand, Portuguese society likes to portray itself as a homogenous society (Cabral-Cardoso, 2002). Taken together, these factors may partly explain why gender and diversity issues have failed to make it to the top of research agendas in Portuguese academia. The limited number of papers included in this special issue and focusing on the Portuguese context still reflects that state of affairs.

Spousal violence and pregnancy termination among married women in Nigeria

Background: In Nigeria, the relationship between spousal violence and pregnancy termination had not been adequately explored. Objectives: To assess the prevalence of spousal violence, and examine the relationship between spousal violence and pregnancy termination. Methods: Data on spousal violence among ever married women was extracted from the 2013 Nigeria Demographic and Health Survey. The outcome variable is pregnancy termination. The explanatory variables were the type of spousal violence experienced by the women in the last 12 months preceding the survey. Descriptive statistical analysis and binary logistic regression were applied using stata version 12. Results: Results show that 13.8% of women had ever terminated pregnancy; 19.9% had ever experienced at least one type of spousal violence; and women who had ever terminated pregnancy had higher prevalence of all types of spousal violence. Women who had ever experienced spousal physical violence were 9% more likely to experience pregnancy termination (OR=1.09; CI: 1.03-2.86); and women who had ever experienced spousal emotional violence were 33% more likely to experience pregnancy termination (OR=1.33; CI: 0.97-1.95). Conclusions: Spousal violence is significantly related to pregnancy termination. Improving women’s sexual and reproductive health in the country requires fresh initiatives that address spousal violence to further reduce women’s exposure to pregnancy termination.

Adult attachment style and cortisol responses in women in late pregnancy

Suporte financeiro e não financeiro da Maternidade Alfredo da Costa, Lisboa, Portugal

Traditional part-time grazing: a more sustainable sheep milk and cheese production in the Basque Country

[EN] The concept of sustainability when referring to food production rests, in general, on 3 main aspects: 1) respect for the environment; 2) economic and social benefits for all involved in production; and 3) production of sufficient quantity of quality food at an accessible price. In this contribution we focus on the main aspects of the traditional sheep's milk and cheese production (under the Denomination of Origin Idiazabal Cheese) in the Basque Country that contribute primarily to its sustainability. It is based on the local latxa or carranzana breeds of sheep, adapted to the mountainous terrain. The sheepherder takes advantage of local resources to reduce management costs by combining indoor dry forage and concentrates with outdoor grazing throughout lactation, according to local pasture availability, and thus avoiding having to buy large amounts of feed. This system facilitates recycling of manure, fertilising pastures and forest at the same time. Use of local breeds helps maintain biodiversity of sheep breeds. Cheese is produced industrially (44.5% of the total cheese produced in 2008) from milk of many flocks, or artisanally (38.3%) by the sheepherders with the milk from their own flocks. Transforming their own milk into cheese is advantageous for the following reasons: 1) higher economic returns as compared to selling the milk to cheese factories because cheese price directly sold to consumers is more competitive than industrial cheese sold in supermarkets; 2) increases the value of women's work (over 80% of the cheese makers are women) in the community and their self-esteem; 3) it creates rural jobs and contributes to rural development; 4) we have demonstrated both with experimental and commercial flocks that part-time grazing allows the sheepherder to obtain high yields of milk, and cheese, of high nutritional and functional quality. Currently a less sustainable, intensive sheep's milk production with foreign, imported breeds kept indoors constantly is gaining favour among milk producers because of its perceived higher economic profitability.

As Mulheres e as Muralhas do Patriarcado e do Capitalismo: Terceirização e Precarização do Trabalho no Sistema do Capital

Our dissertation deals with the material living conditions of women workers and the relations of the wage who undergo in the hospital scope, taking as the locus of empirical research the Hospital Dr. João Machado, located in Natal / RN. Its purpose is to analyze the main implications of precarious work contracts in the economic and social dimensions from life of workers, explaining the main conditionings. The majority presence of women in wage relations not only in the hospital service, as well as in the service sector in general has motivated us to appreciation of the form of participation of women in health services and, in particular, at the hospital space. From the critical dialectical method, through processes of successive approximations to the reality, we analyze the patriarchal system of social relations and their repercussions for the Social and Sexual Division of Labor in the context of contemporary capitalist society, explaining the determinants of inequality, founded in social relations of sex, to the predominance of women in the hospital service and unveiling these participation trends in the labor market. The analyzes are based on bibliographic research - theoretical and methodological basis of research - combined with reflections that emerged from the field. The systematized and analyzed information reveal the uniqueness of the current social and economic situation of workers women with ties outsourced, paradoxically expresses on the expansion of the insertion in universe of labor, in overexploitation, in the precariousness of work and living conditions and persistent inequality in and in the social relations and in relations between the sexes

Reliabilität von retrospektiven Berufsverlaufsdaten. Ein Vergleich zwischen dem öffentlichen Dienst und der Privatwirtschaft anhand von Panel-Daten

Im vorliegenden Beitrag wird die Zuverlässigkeit retrospektiver Angaben der Befragten zu beruflichen Tätigkeiten in ihrem Berufsverlauf untersucht. Insbesondere ist ausgehend von einem Befund von De Graaf und Wegener (1989) zu klären, ob generell Beschäftigte des öffentlichen Dienstes ihren Berufsverlauf unzuverlässiger erinnern als Staatsbeschäftigte. Es wird davon ausgegangen, dass gerade Beamte aufgrund der institutionellen Besonderheiten ihrer Beschäftigung größere Schwierigkeiten haben, ihren Berufsverlauf konsistent zu rekonstruieren als andere Befragte. Empirische Analysen von Panel-Daten erhärten diese Vermutung, was die Anzahl der beruflichen Tätigkeiten anbelangt. Jedoch machen Beamte zu anderen Attributen ihres Berufsverlaufs ebenso zuverlässige Angaben wie andere Befragte auch. Diese beamtenspezifischen Erinnerungsprobleme sind bei zukünftigen Erhebungen mittels ereignisorientierter Befragungsinstrumente zu berücksichtigen.

Survey of NIH accommodations for handicapped employees /

"August 1987."

Statistical work, United States government.

Issued also without document series note with title Report on statistical work of U.S. government submitted to Congress.

Guardas prisionais, contextos de atuação e motivações

O contexto prisional tem recebido nos últimos anos uma grande atenção por parte dos investigadores portugueses. Porém, esse estudo não se têm centrado nos guardas prisionais, como grupo profissional. Dada a inexistência de pesquisas sobre esta temática, o presente estudo pretende analisar os contextos em que se desenrola o exercício das funções dos guardas prisionais, uma vez que estas podem produzir desmotivação e desgaste profissional nestes indivíduos. A investigação decorreu com a participação de guardas prisionais, a exercer funções nos Estabelecimentos Prisionais de Chaves, Lamego e Izeda. Para serem atingidos os objetivos propostos, optou-se pelo método qualitativo,através da aplicação de entrevistas semiestruturadas como instrumento de recolha de dados. Durante o mês de Abril e Maio de 2016 foram realizadas entrevistas a quinze guardas prisionais que trabalhavam em contacto direto com os reclusos. Ao longo da análise das entrevistas ficaram patentes nas declarações algumas fontes de desmotivação devido ao congelamento de salários e das progressões na função pública, à inexistência de concursos internos e à ineficácia e injustiça das avaliações de desempenho. Por outro lado, os profissionais estudados afirmam sentir uma fraca valorização das suas funções no serviço, a par de uma má imagem da sua profissão, difundida e sustentada pelos meios de comunicação social. Estes fatores podem contribuir para que eles próprios não se sintam identificados com o grupo profissional ao qual pertencem. Finalmente, os entrevistados manifestam sentir uma falta de formação contínua, cuja existência consideram fundamental.

Pragmatism and precision : psychology in the service of civil litigation

While forensic psychology is commonly associated with the criminal and family law domains, its ambit to offer skills and knowledge at the legal interface also makes it particularly suited to the civil law domain. At this time, civil law is arguably the least represented legislative area in terms of psychological research and professional commentary. However, it is also a broad area, with its very breadth providing scope for research consideration, as urged by Greene. The purposes of this article are (1) to review the broad role of the psychologist in the conduct of civil litigation matters in Australia, (2) to assist the novice to the area by indicating a non-exhaustive list of potentially ambiguous terms and concepts common to the conduct of professional practice, and; (3) to highlight, as an example, one area of practice not only where legal direction demands professional pragmatism but also where opportunity arises for psychological research to vitally address a major social issue.

Information and communications at the service of women in Latin America and the Caribbean

Includes bibliography

Working to Form a More Perfect Union: Honoring Women in Public Service in the State of Missouri

https://bluetigercommons.lincolnu.edu/pli/1010/thumbnail.jpg

Working to Form a More Perfect Union: Honoring Women in Public Service in the State of Missouri

https://bluetigercommons.lincolnu.edu/pli/1009/thumbnail.jpg

Roster of the men and women who served in the army or naval service (including the Marine corps) of the United States or its allies from the state of North Dakota in the World war, 1917-1918...

Prepared and published under the direction of Brigadier General C. Angus Fraser, the adjutant general of North Dakota. By authority of Legislative Assembly of North Dakota.