Learning from experience: Analysis of the civil litigation regarding building structures on the court of bologna in the years 2011/2012

The present work is aimed to the study and the analysis of the defects detected in the civil structure and that are object of civil litigation in order to create an instruments capable of helping the different actor involved in the building process. It is divided in three main sections. The first part is focused on the collection of the data related to the civil proceeding of the 2012 and the development of in depth analysis of the main aspects regarding the defects on existing buildings. The research center “Osservatorio Claudio Ceccoli” developed a system for the collection of the information coming from the civil proceedings of the Court of Bologna. Statistical analysis are been performed and the results are been shown and discussed in the first chapters.The second part analyzes the main issues emerged during the study of the real cases, related to the activities of the technical consultant. The idea is to create documents, called “focus”, addressed to clarify and codify specific problems in order to develop guidelines that help the technician editing of the technical advice.The third part is centered on the estimation of the methods used for the collection of data. The first results show that these are not efficient. The critical analysis of the database, the result and the experience and throughout, allowed the implementation of the collection system for the data.

Civil Society and Political Parties in the Period of Transition

The major aim of Mr. Marada's project was to investigate the role of political parties on the one hand, and various institutional forms of civil society on the other, in the process of establishing mechanisms of political decision-making and policy-formation in Czechoslovakia and the Czech Republic, after November 1989. Mr. Marada wanted to examine what consequences the interplay and tensions between political parties and institutions of civil society had on the status and practical understanding of citizenship and civil society. At the beginning of his research Mr. Marada found that, while the sphere of the political was relatively clearly defined, the phenomenon of civil society required a conceptual clarification. He devoted a great deal of time to analysing the emergence, development, and disintegration of Civic Forum as the major agent of the regime change and subsequent political reforms. Alongside this analysis is a commentary on Czech society in general, drawing on established research to show how, as yet, a kind of civic incompetence reigns within the country, and how this situation has its roots in the belief, promoted by politicians themselves, that politics is an activity for experts only. The final outcome of his research took the form of a series of articles, in English, totalling 40 pages.

Non-invasive measurement of steroids in fish-holding water: important considerations when applying the procedure to behaviour studies

Fish behaviourists are increasingly turning to non-invasive measurement of steroid hormones in holding water, as opposed to blood plasma. When some of us met at a workshop in Faro, Portugal, in September, 2007, we realised that there were still many issues concerning the application of this procedure that needed resolution, including: Why do we measure release rates rather than just concentrations of steroids in the water? How does one interpret steroid release rates when dealing with fish of different sizes? What are the merits of measuring conjugated as well as free steroids in water? In the ‘static’ sampling procedure, where fish are placed in a separate container for a short period of time, does this affect steroid release—and, if so, how can it be minimised? After exposing a fish to a behavioural stimulus, when is the optimal time to sample? What is the minimum amount of validation when applying the procedure to a new species? The purpose of this review is to attempt to answer these questions and, in doing so, to emphasize that application of the non-invasive procedure requires more planning and validation than conventional plasma sampling. However, we consider that the rewards justify the extra effort.

Rechtsmittel gegen Entscheide des juge d'appui bei der internationalen Schiedsgerichtsbarkeit der Schweiz

The author examines whether and by which means the decisions handed down by the State judge giving his support to the arbitral proceeding (juge d'appui) may be appealed. Every relevant Article in the PILA (Private International Law Act) is addressed and analyzed in this regard (Art. 179(2) and (3), Art. 180(3), Art. 183(2), Art. 184(3) and Art. 185) by reference to the present legal doctrine and case law. Concerning the stages of appeal, the view is held that by direct or analogous application of Art. 356(2) CPC (Civil Procedure Code) the juge d'appui has jurisdiction as the sole instance of the Canton to render decisions in support of the arbitral tribunal. On the federal level however, the parties shall have the right to appeal against these decisions by filing a civil law appeal before the Swiss Federal Supreme Court, with the exception of most decisions given by juge d'appui within the meaning of Art. 180(3) PILA. As to this federal appeal, it is established that the case law of the Swiss Federal Supreme Court under the FTA (Act on the Federal Tribunal) indicates the Court's inclination to qualify both negative and positive decisions issued by the juge d'appui as final decisions in terms of Art. 90 FTA. In reference to the upcoming revision of the PILA's 12th Chapter the author concludes that the legislator might implement some clarifications in the current legal framework. It seems particularly advisable to ensure that all relevant Articles in the PILA regarding decisions of the juge d'appui explicitly reference to Art. 356(2) CPC. Moreover, the author is of the opinion that it would also be expedient to specify the

Malnutrition in the era of DRG

Malnutrition in hospital patients is of important medical and economic significance. The adverse consequences of malnutrition on quality of life and many more factors such as morbidity, mortality, tolerance of treatments and length of hospital stay are well documented in the medical literature. Nevertheless, the effects of malnutrition are still often underestimated and hence malnutrition is not recognised as a distinct diagnosis. Moreover, malnutrition is rarely documented in medical reports and often not adequately treated with adverse effects. The reason for this neglectfulness are diverse, e. g. inadequate training of doctors and nurses in clinical nutrition and lack of sensibilisation of the hospital staff for the problem of malnutrition. Therefore, a systematic screening for malnutrition is rarely undertaken in Swiss hospitals. The introduction of the Swiss-DRG system (DRG, diagnosis related groups) in January 2012 gave the chance to boost recording and to document malnutrition in a standardised way in the patient history, and to code precisely malnutrition as a distinct diagnosis. Moreover, this approach allowed to document the specific nutritional therapy. Here, we describe the way of documenting and coding malnutrition in the Swiss-DRG system and the medical and economic consequences of this procedure.

Removing superfluous versions in polyvariant specialization of prolog programs.

Polyvariant specialization allows generating múltiple versions of a procedure, which can then be separately optimized for different uses. Since allowing a high degree of polyvariance often results in more optimized code, polyvariant specializers, such as most partial evaluators, can genérate a large number of versions. This can produce unnecessarily large residual programs. Also, large programs can be slower due to cache miss effects. A possible solution to this problem is to introduce a minimization step which identifies sets of equivalent versions, and replace all occurrences of such versions by a single one. In this work we present a unifying view of the problem of superfluous polyvariance. It includes both partial deduction and abstract múltiple specialization. As regards partial deduction, we extend existing approaches in several ways. First, previous work has dealt with puré logic programs and a very limited class of builtins. Herein we propose an extensión to traditional characteristic trees which can be used in the presence of calis to external predicates. This includes all builtins, librarles, other user modules, etc. Second, we propose the possibility of collapsing versions which are not strictly equivalent. This allows trading time for space and can be useful in the context of embedded and pervasive systems. This is done by residualizing certain computations for external predicates which would otherwise be performed at specialization time. Third, we provide an experimental evaluation of the potential gains achievable using minimization which leads to interesting conclusions.

Computational Methods for Identification of Vibrating Structures

System identification deals with the problem of building mathematical models of dynamical systems based on observed data from the system" [1]. In the context of civil engineering, the system refers to a large scale structure such as a building, bridge, or an offshore structure, and identification mostly involves the determination of modal parameters (the natural frequencies, damping ratios, and mode shapes). This paper presents some modal identification results obtained using a state-of-the-art time domain system identification method (data-driven stochastic subspace algorithms [2]) applied to the output-only data measured in a steel arch bridge. First, a three dimensional finite element model was developed for the numerical analysis of the structure using ANSYS. Modal analysis was carried out and modal parameters were extracted in the frequency range of interest, 0-10 Hz. The results obtained from the finite element modal analysis were used to determine the location of the sensors. After that, ambient vibration tests were conducted during April 23-24, 2009. The response of the structure was measured using eight accelerometers. Two stations of three sensors were formed (triaxial stations). These sensors were held stationary for reference during the test. The two remaining sensors were placed at the different measurement points along the bridge deck, in which only vertical and transversal measurements were conducted (biaxial stations). Point estimate and interval estimate have been carried out in the state space model using these ambient vibration measurements. In the case of parametric models (like state space), the dynamic behaviour of a system is described using mathematical models. Then, mathematical relationships can be established between modal parameters and estimated point parameters (thus, it is common to use experimental modal analysis as a synonym for system identification). Stable modal parameters are found using a stabilization diagram. Furthermore, this paper proposes a method for assessing the precision of estimates of the parameters of state-space models (confidence interval). This approach employs the nonparametric bootstrap procedure [3] and is applied to subspace parameter estimation algorithm. Using bootstrap results, a plot similar to a stabilization diagram is developed. These graphics differentiate system modes from spurious noise modes for a given order system. Additionally, using the modal assurance criterion, the experimental modes obtained have been compared with those evaluated from a finite element analysis. A quite good agreement between numerical and experimental results is observed.

Moving loads on railway bridges: The Spanish Code approach

This paper presents the results of part of the research carried out by a committee in charge of the elaboration of the new Spanish Code of Actions in Railway Bridges. Following the work developed by the European Rail Research Institute (ERRI), the dynamic effects caused by the Spanish high-speed train TALGO have been studied and compared with other European trains. A simplified envelope of the impact coefficient is also presented. Finally, the train-bridge interactions has been analysed and the results compared with those obtained from simple models based on moving loads.

Discrimination of AE Signals From Friction and Concrete Cracking in a Reinforced Concrete Frame Subjected to Seismic Trainings

This paper shows the preliminary results of the development and application of a procedure to filter the Acoustic Emission (AE) signals to distinguish between AE signals coming from friction and AE signals coming from concrete cracking. These signals were recorded during the trainings of an experiment carried out on a reinforced concrete frame subjected to dynamic loadings with the shaking table of the University of Granada (Spain). Discrimination between friction and cracking AE signals is the base to develop a successful procedure and damage index based on AE testing for health monitoring of RC structures subjected to earthquakes.

Optimized design of the prestress in continuous bridge decks

In this paper a method for automatic design of the prestress in continuous bridge decks is presented. In a first step of the procedure the optimal prestressed force for a completely geometrically defined and feasible prestress layout is obtained by means of linear programming techniques. Further on, in a second step the prestress geometry and minimum force are automatically found by steepest descent optimization techniques. Finally this methodology is applied to two-span continuous bridge decks and from the obtained results some preliminary design rules can be drawn.

A plastic analysis of nonprismatic folded plate structures

A computer method for the plastic analysis of folded plate structures is presented. The method considers the specific characteristics of the folded plate structural model using a simplified one-dimensional theory. and it can be applied to the analysis of any type of folded pIates, either prismatic or nonprismatic, with arbitrary cross-section. A simple example is analyzed in order to show the possibilities of the procedure and some results of interest are presented

Apontamentos críticos à distribuição dinâmica do ônus da prova

O ônus da prova tem sido tradicionalmente distribuído no processo civil brasileiro segundo disposições legais prévias, contidas em geral no artigo 333 do Código de Processo Civil e que em geral seguem os brocados jurídicos onus probandi incumbit ei qui allegat, probatio incumbit asserenti e semper necessitas probandi incumbit illi quit agit. Nos últimos anos, no entanto, tem crescido na doutrina e na jurisprudência a tendência de atribuir o onus probandi à parte que supostamente tem mais facilidade em produzir a prova nos autos, independentemente da distribuição predeterminada pela lei. A inspiração para esta mudança vem da teoria argentina das cargas probatórias dinâmicas, introduzida pelo juiz Jorge Peyrano e que teria suas raízes, supostamente, no trabalho de Jeremy Bentham. O projeto de um novo Código de Processo Civil, que está sendo discutido no Congresso Nacional, muito provavelmente incluirá disposição autorizado expressamente que o juiz desloque o ônus da prova de uma parte para a outra quando entender que esta última tem melhores condições de produzí-la. Os riscos invocados contra esta teoria são o aumento da insegurança jurídica, da possibilidade de arbitrariedade do julgador e da dificuldade de estabelecer previsões sobre sucesso processual, impedindo que as partes possam tomar as melhores decisões sobre como se portar antes e durante um eventual processo. Também há crítica contra o enfraquecimento da imparcialidade do juiz, o que, segundo os defensores da teoria, não ocorreria. Uma análise dos argumentos contra e a favor da teoria do ônus dinâmico da prova, dos instrumentos já existentes no direito brasileiro para os problemas que esta teoria vida atacar, e das novas disposições legais a serem em breve introduzidas demonstra que existe uma linha tênue a ser traçada e seguida para que se atinjam os benefícios pretendidos, sem cair em novos problemas. É importante adotar e interpretar as novas normas processuais cuidadosa e atenciosamente, de modo a evitar prejuízo a garantias básicas dos jurisdicionados.

The Civil Society Forum of the Eastern Partnership four years on: Progress, challenges and prospects. CEPS Special Report, January 2014

Established in 2009, during the Eastern Partnership Summit in Prague, the Eastern Partnership Civil Society Forum supports the development of civil society organisations from the EU-28 and the six Partnership countries, namely Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine. After four years of operation, the Secretariat of the Forum’s Steering Committee commissioned CEPS to conduct a comprehensive evaluation of its programme. This report singles out the institutionalisation and socialisation inculcated among its members as the Forum’s greatest accomplishment. In contrast to its internal developments, it argues that the external policy successes of the Forum remain modest. This report is the first attempt to conduct an in-depth assessment of the Forum's Annual Assembly, the Steering Committee and its Secretariat, the Working Groups and National Platforms. Ten actionable recommendations are put forward aimed at improving the Civil Society Forum’s standing and performance.

The Weakness of Post-Communist Civil Society Reassessed. CES Papers - Open Forum #11, 2012

During the last two decades, scholars from a variety of disciplines have argued that civil society is structurally deficient in post-communist countries. Yet why have the seemingly strong, active and mobilized civic movements of the transition period become so weak after democracy was established? And why have there been diverging political trajectories across the post-communist space if civil society structures were universally weak? This paper uses a wide range of data from various available sources to show that civil societies in Central and Eastern European countries are not as feeble as is commonly assumed. Some post-communist countries possess vigorous public spheres, and active civil society organizations strongly connected to transnational civic networks able to shape domestic policies. Following the calls by Anheier (2004) and Bernhard and Karakoç (2007) we adopt a multidimensional approach to the measurement of civil society. In a series of cross-section timeseries models, we show that our broader measures of civic and social institutions are able to predict the diverging transition paths among post-communist regimes, and in particular the growing gap between democratic East Central Europe and the increasingly authoritarian post-Soviet space.

Tratado elemental de procedimientos en el ramo civil, conforme al código puesto en vigor en el Distrito federal el 15 de setiembre de 1872, escrito por el Lic.

Mode of access: Internet.