Ruolo e limiti del contratto negli assetti familiari in funzione successoria

The Article 457 c.c. expressly excludes the contract by the sources of the succession. Moreover, the article 458 c.c., apart from the initial brief aside dedicated to the institute of the family pact, agrees nullity of the agreements with whom someone decides its own succession as well as those with which the future successor could decide about his rights or renounce to them about a succession not yet open. However, for a long time, the Italian doctrine wonders about the role of the contract within the succession law. It feels, in fact, the need to expand the private autonomy within the inheritance that is excessively sacrificed by the prohibition of succession agreements and by the norms for the protection of legitimate heirs. The reasons which led the legal science to these conclusions are based on different events, both social and economic, that push the interpreter to a modernization of dogmatic categories with which he can represent the succession mortis causa. In addiction, it is necessary to underline the crisis of the agreements mortis causa due to this economical and social events: as a matter of fact, the will, as the only way to give the assets post mortem, revealed itself incomplete and extremely severe compared to the new social needs. In fact, increasingly the way to give the assets happens out of the inheritance and despite to the institutions designed by the law. For these reasons, in order to adapt the system of succession to modern economic and social needs, the doctrine has identified, within the system, institutions of a contractual nature in order to better achieve the interests of private, obviating the limits assigned to the shop last will. And recently, in this context, our legislator has introduced the institution of the family pact (art. 768 bis et seq. c.c.), that is the agreement through “the entrepreneur transfers, in whole or in part , the company, and the holder of equity investments transfers, in whole or in part, its shares, to one or more descendants". While, however, part of the doctrine encourages the provision of tools that enable a person to have in advance of his succession, on the other hand there are those who promote the centrality of the will within our legal system and calls for the revitalization in respect of its vast potential is not always adequately exploited. This research aims to verify whether the contract can find importance within the phenomenon of succession for the inter vivos transfer of family assets and if the same has the characteristics to be considered a working alternative to the will. In the present work will be analyzed, in addition, some of the institutions that the doctrine has considered alternatives to the will and particularly the institution of the family pact. The survey will also be directed to the limits that the private autonomy and the legislator met in the use of the contractual instrument, limits that are mostly originated by the rules and principles of the law of succession.

Digital libraries: principles and practice in a global environment

Tedd, L.A. & Large, A. (2005). Digital libraries: principles and practice in a global environment. Munich: K.G. Saur.

The Legal Base for Human Rights Field Operations

Odello, Marco, The Legal Base for Human Rights Field Operations, In: 'The Human Rights Field Operation: Law, Theory and Practice', O'Flaherty, M. (eds), Ashgate Publishing, pp.47-67, 2007. RAE2008

Multiple Principles and the Obligation to Obey the Law

Nkiruka, A., Multiple Principles and the Obligation to Obey the Law, Deakin Law Review. Vol. 10. No. 2. 2005. p. 524 RAE2008

Identifying the Aggressor under International Law: A Principles Approach

null RAE2008

International Security in the Western Hemisphere: Legal and Institutional Developments

Odello, Marco, 'International Security in the Western Hemisphere: Legal and Institutional Developments', Anuario de Derecho Internacional, (2005) 21, pp.379-411 RAE2008

Defensa Critico-Historico-Canonico-Legal de la Ciudad de Pamplona, Metropoli y Cabeza de el Reyno de Navarra, y respuesta a la Dissertacion Historico-Canonica de el Prior, y Cabildo de la Iglesia Cathedral de la misma Ciudad, en las differencias, que han excitado sobre processiones

Signaturas: [ ]2, A-Z2, 2A-2Z2, 3A-3B2, [ ]1.

Autor filmowy według przepisów prawa w systemach droit d`auteur i copyright. Zarys problematyki

The aim of the article is to outline the key issues surrounding legal notions of film authorship. For scholars interested in studying the process of production it is extremely important to analyze the status and scope of power of its participants as well as their position in the hierarchy – one of the main sources of priveleges is the fact of being recognized by the law as the author of the work produced. The article depicts the benefits of such situation, but its main aim is to descibe the legal rules of granting the status of the author. Outlined are the issues emerged from the two radically different legal system – european droit d`auteur tradition and american copyright. The first one honours the artists while the other focuses mostly on providing the certainty of the economics, so the actual authors of the work are not that important. The paper points to the fact that – especially in the case of american copyright – the actual (determined by law) situation of a creator may differ significantly from the character of their contribution to the process of producing a film. Analysis of the rules and principles of the law is essential to the understanding of the structural determinants of film production and deserves no less attention than social, political and economic factors.

Women in the Legal Profession

In recent years, the high percentage of lawyers in Portugal became a controversial issue. As a large number of law graduates have been competing for admission at the Bar, this trend is creating new challenges to the profession, with important resonances in the Bar admission policy. The purpose of this presentation is to illustrate the progress made by women in legal professions, in Portugal, over the last decades. In order to contextualize our analysis, we begin with an overview of the position of women in the labor market and then focus on the legal professions. Firstly, the increasing presence of women in different segments of the legal field is analyzed by means of a statistical approach. Afterwards, we draw a critical analysis highlighting the bearing of these developments and deconstructing their meaning in terms of career patterns, remuneration and professional status. Our analysis of contemporary official data on legal professions reveals that even though women are occupying a growing number of positions in private practice, they earn lower salaries, have lower job satisfaction and have a more critical reasoning towards the public image of lawyers. Concerning magistrates, women working in superior courts continue to be underrepresented. Overall, we conclude that the increasing integration of women in legal professions is not straightforward, and there are still many aspects that need to be addressed the private and public sector.

The political principles of Mencius / by Francis C.M. Wei.

http://www.archive.org/details/thepoliticalprin00weicuoft

Evangelical missions. Part I, the missionary principles and practices of the United Evangelical Church

http://www.archive.org/details/evangelicalmiss00niebuoft/

Generating Representative ISP Technologies From First-Principles

Understanding and modeling the factors that underlie the growth and evolution of network topologies are basic questions that impact capacity planning, forecasting, and protocol research. Early topology generation work focused on generating network-wide connectivity maps, either at the AS-level or the router-level, typically with an eye towards reproducing abstract properties of observed topologies. But recently, advocates of an alternative "first-principles" approach question the feasibility of realizing representative topologies with simple generative models that do not explicitly incorporate real-world constraints, such as the relative costs of router configurations, into the model. Our work synthesizes these two lines by designing a topology generation mechanism that incorporates first-principles constraints. Our goal is more modest than that of constructing an Internet-wide topology: we aim to generate representative topologies for single ISPs. However, our methods also go well beyond previous work, as we annotate these topologies with representative capacity and latency information. Taking only demand for network services over a given region as input, we propose a natural cost model for building and interconnecting PoPs and formulate the resulting optimization problem faced by an ISP. We devise hill-climbing heuristics for this problem and demonstrate that the solutions we obtain are quantitatively similar to those in measured router-level ISP topologies, with respect to both topological properties and fault-tolerance.

Principles of Safe Policy Routing Dynamics

We introduce the Dynamic Policy Routing (DPR) model that captures the propagation of route updates under arbitrary changes in topology or path preferences. DPR introduces the notion of causation chains where the route flap at one node causes a flap at the next node along the chain. Using DPR, we model the Gao-Rexford (economic) guidelines that guarantee the safety (i.e., convergence) of policy routing. We establish three principles of safe policy routing dynamics. The non-interference principle provides insight into which ASes can directly induce route changes in one another. The single cycle principle and the multi-tiered cycle principle provide insight into how cycles of routing updates can manifest in any network. We develop INTERFERENCEBEAT, a distributed algorithm that propagates a small token along causation chains to check adherence to these principles. To enhance the diagnosis power of INTERFERENCEBEAT, we model four violations of the Gao-Rexford guidelines (e.g., transiting between peers) and characterize the resulting dynamics.

Principles and prejudice: The erosion of fairness in admissibility determinations relating to historic child sexual abuse trials in Ireland

This thesis interrogates the construction of fairness to the accused in historic child sexual abuse trials in Ireland. The protection of fairness is a requirement of any trial that claims to adhere to the rule of law. Historic child sexual abuse trials, in which the charges relate to events that are alleged to have taken place decades previously, present serious challenges to the ability of the trial process to safeguard fairness. They are a litmus test of the courts’ commitment to fairness. The thesis finds that in historic abuse trials fairness to the accused has been significantly eroded and that therefore the Irish Courts have failed to respect the core of the rule of law in these most serious of prosecutions. The thesis scrutinises two bodies of case law, both of which deal with the issue of whether evidence should reach the jury. First, it examines the decisions on applications brought by defendants seeking to prohibit their trial. The courts hearing prohibition applications face a dilemma: how to ensure the defendant is not put at risk of an unfair trial, while at the same time recognising that delay in reporting is a defining feature of these cases. The thesis traces the development of the prohibition case law and tracks the shifting interpretations given to fairness by the courts. Second, the thesis examines what fairness means in the superior courts’ decisions regarding the admissibility of the following kinds of evidence, each of which presents particular challenges to the ability of the trial to safeguard fairness: evidence of multiple complainants; evidence of recovered memories and evidence of complainants’ therapeutic records. The thesis finds that in both bodies of case law the Irish courts have hollowed out the meaning of fairness. It makes proposals on how fairness might be placed at the heart of courts’ decisions on admissibility in historic abuse trials. The thesis concludes that the erosion of fairness in historic abuse trials is indicative of a move away from the liberal model of criminal justice. It cautions that unless fairness is prioritised in historic child sexual abuse trials the legitimacy of these trials and that of all Irish criminal trials will be contestable.