888 resultados para whether binding on non-associated third party payer


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O presente estudo procura estabelecer critérios para orientar as decisões sobre conflitos surgidos entre os verdadeiros proprietários de imóveis e terceiros de boa-fé. A partir da evolução do conceito de propriedade, do individualismo liberal da era moderna ao feixe de direitos, deveres e poderes jurídicos de uma relação jurídica complexa nos dias atuais, destaca-se a importância do registro de imóveis e da publicidade que lhe é inerente para a segurança das transações imobiliárias e a proteção de interesses individuais e coletivos. Considerando a prevalência dos valores existenciais sobre os patrimoniais e tendo por referência o princípio supremo da dignidade da pessoa humana, são sugeridos, como critérios de ponderação, a posse e a função social da propriedade, a boa-fé, a usucapião e a teoria da aparência. Examina-se, assim, a possibilidade de flexibilizar a norma que faculta ao proprietário o direito de reivindicar o imóvel independentemente da boa-fé do terceiro adquirente, se o registro for cancelado, discutindo-se ainda as soluções encontradas pela doutrina e pela jurisprudência para o problema proposto.

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De inegável relevância na vida humana, a posse se configura como um dos temas mais controvertidos no âmbito do Direito Civil. Em todos os seus contornos e características, incluindo sua natureza jurídica, terminologia, efeitos e classificações, observamos um debate acirrado e polêmico a seu respeito, o que demonstra o firme interesse dos estudiosos sobre a possessio através dos séculos. Ademais, compete ao aplicador do Direito compreender o fenômeno possessório a partir das premissas e valores constitucionais fundamentais, em especial o princípio da dignidade da pessoa humana, levando em consideração as mutações sociais e a realidade dos fatos, para que seja possível extrair do ordenamento caminhos efetivos à concretização de uma sociedade justa e solidária, a fim de erradicar a pobreza e diminuir as desigualdades sociais. Neste contexto, de forma prospectiva e adequando os conceitos civilistas à Carta da República, defendemos a aplicação do artigo 1276 do Código Civil também em benefício do ocupante qualificado de imóvel abandonado, de modo a consolidar o domínio em seu favor no mesmo triênio conferido à Administração Pública, garantindo-se então aos menos favorecidos o legítimo acesso à moradia e ao trabalho. Na medida em que o ser humano se constitui no foco de atenção, preocupação e proteção do ordenamento jurídico acreditamos que as exegeses normativas devem concretizar o disposto no artigo 1, inciso III, da Constituição da República, razão pela qual a posse de outrem exercida ininterruptamente sobre bem abandonado merece funcionar como forma de aquisição originária da propriedade imóvel privada no lapso de tempo estatuído no artigo 1276 do Código Civil.

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We assess the application of the second-generation Environmental Sample Processor (ESP) for the detection of harmful algal bloom (HAB) species in field and laboratory settings using two molecular probe techniques: a sandwich hybridization assay (SHA) and fluorescent in situ hybridization (FISH). During spring 2006, the first time this new instrument was deployed, the ESP successfully automated application of DNA probe arrays for various HAB species and other planktonic taxa, but non-specific background binding on the SHA probe array support made results interpretation problematic. Following 2006, the DNA array support membrane that we were using was replaced with a different membrane, and the SHA chemistry was adjusted. The sensitivity and dynamic range of these modifications were assessed using 96-well plate and ESP array SHA formats for several HAB species found commonly in Monterey Bay over a range of concentrations; responses were significantly correlated (p < 0.01). Modified arrays were deployed in 2007. Compared to 2006, probe arrays showed improved signal:noise, and remote detection of various HAB species was demonstrated. We confirmed that the ESP and affiliated assays can detect HAB populations at levels below those posing human health concerns, and results can be related to prevailing environmental conditions in near real-time.

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The background to this review paper is research we have performed over recent years aimed at developing a simulation system capable of handling large scale, real world applications implemented in an end-to-end parallel, scalable manner. The particular focus of this paper is the use of a Level Set solid modeling geometry kernel within this parallel framework to enable automated design optimization without topological restrictions and on geometries of arbitrary complexity. Also described is another interesting application of Level Sets: their use in guiding the export of a body-conformal mesh from our basic cut-Cartesian background octree - mesh - this permits third party flow solvers to be deployed. As a practical demonstrations meshes of guaranteed quality are generated and flow-solved for a B747 in full landing configuration and an automated optimization is performed on a cooled turbine tip geometry. Copyright © 2009 by W.N.Dawes.

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A factorial experiment was conducted for 60 days to determine of the response of Narrow clawed crayfish Astacus leptodactylus (average weight of 17±2.3 g) to diets containing various protein and energy levels. Nine diets containing three levels of protein (30, 35 and 40 %) and three levels of energy (300,370 and 450 kcal/100g) were formulated and prepared in this trial. Each diet also was used in two levels of salinity include 0 (fresh water) and 12 ppt(Caspian sea water). So this study was conducted with 18 treatments and triplicates random group of 5 crayfish per each 110-litre tank. Weight Gain, Feed conversion ratio (FCR), Protein Efficiency Ratio (PER), Net Protein Utilization (NPU), Daily Food Consumption (DFC), Survival (SVR) and body composition of tail-muscle meat of animal were determined. Comparing the growth parameters in response to interaction between protein, energy and salinity levels demonstrated that all growth parameters have difference between them significantly (p<0.05). Comparing between survival in fresh and Caspian Sea water showed difference significantly. Compare the body composition results indicate the greatest amount of protein absorption in diet number 2(30/370) on fresh water condition. Results from this study indicate that narrow clawed crayfish can be fed a practical diet containing 30% protein and 370 Kcal/100g on non-salinity water which is the optimize CP percentage for their producer’s profits.

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A low specific on-resistance (R-{{\rm on}, {\rm sp}}) integrable silicon-on-insulator (SOI) MOSFET is proposed, and its mechanism is investigated by simulation. The SOI MOSFET features double trenches and dual gates (DTDG SOI): an oxide trench in the drift region, a buried gate inset in the oxide trench, and another trench gate (TG) extended to a buried oxide layer. First, the dual gates form dual conduction channels, and the extended gate widens the vertical conduction area; both of which sharply reduce R-{{\rm on}, {\rm sp}}. Second, the oxide trench folds the drift region in the vertical direction, resulting in a reduced device pitch and R-{{\rm on}, {\rm sp}}. Third, the oxide trench causes multidirectional depletion. This not only enhances the reduced surface field effect and thus reshapes the electric field distribution but also increases the drift doping concentration, leading to a reduced R-{{\rm on}, {\rm sp}} and an improved breakdown voltage (BV). Compared with a conventional SOI lateral Double-diffused metal oxide semiconductor (LDMOS), the DTDG MOSFET increases BV from 39 to 92 V at the same cell pitch or decreases R-{{\rm on}, { \rm sp}} by 77% at the same BV by simulation. Finally, the TG extended synchronously acts as an isolation trench between the high/low-voltage regions in a high-voltage integrated circuit, saving the chip area and simplifying the isolation process. © 2006 IEEE.

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A series of flames in a turbulent methane/air stratified swirl burner is presented. The degree of stratification and swirl are systematically varied to generate a matrix of experimental conditions, allowing their separate and combined effects to be investigated. Non-swirling flows are considered in the present paper, and the effects of swirl are considered in a companion paper (Part II). A mean equivalence ratio of φ=0.75 is used, with φ for the highest level of stratification spanning 0.375-1.125. The burner features a central bluff-body to aid flame stabilization, and the influence of the induced recirculation zone is also considered. The current work focuses on non-swirling flows where two-component particle image velocimetry (PIV) measurements are sufficient to characterize the main features of the flow field. Scalar data obtained from Rayleigh/Raman/CO laser induced fluorescence (CO-LIF) line measurements at 103μm resolution allow the behavior of key combustion species-CH 4, CO 2, CO, H 2, H 2O and O 2-to be probed within the instantaneous flame front. Simultaneous cross-planar OH-PLIF is used to determine the orientation of the instantaneous flame normal in the scalar measurement window, allowing gradients in temperature and progress variable to be angle corrected to their three dimensional values. The relationship between curvature and flame thickness is investigated using the OH-PLIF images, as well as the effect of stratification on curvature.The main findings are that the behavior of the key combustion species in temperature space is well captured on the mean by laminar flame calculations regardless of the level of stratification. H 2 and CO are significant exceptions, both appearing at elevated levels in the stratified flames. Values for surface density function and by extension thermal scalar dissipation rate are found to be substantially lower than laminar values, as the thickening of the flame due to turbulence dominates the effect of increased strain. These findings hold for both premixed and stratified flames. The current series of flames is proposed as an interesting if challenging set of test cases for existing and emerging turbulent flame models, and data are available on request. © 2012 The Combustion Institute.

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The need for more flexible, adaptable and customer-oriented warehouse operations has been increasingly identified as an important issue by today's warehouse companies due to the rapidly changing preferences of the customers that use their services. Motivated by manufacturing and other logistics operations, in this paper we argue on the potential application of product intelligence in warehouse operations as an approach that can help warehouse companies address these issues. We discuss the opportunities of such an approach using a real example of a third-party-logistics warehouse company and we present the benefits it can bring in their warehouse management systems. © 2013 Springer-Verlag.

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This paper proposes compact adders that are based on non-binary redundant number systems and single-electron (SE) devices. The adders use the number of single electrons to represent discrete multiple-valued logic state and manipulate single electrons to perform arithmetic operations. These adders have fast speed and are referred as fast adders. We develop a family of SE transfer circuits based on MOSFET-based SE turnstile. The fast adder circuit can be easily designed by directly mapping the graphical counter tree diagram (CTD) representation of the addition algorithm to SE devices and circuits. We propose two design approaches to implement fast adders using SE transfer circuits the threshold approach and the periodic approach. The periodic approach uses the voltage-controlled single-electron transfer characteristics to efficiently achieve periodic arithmetic functions. We use HSPICE simulator to verify fast adders operations. The speeds of the proposed adders are fast. The numbers of transistors of the adders are much smaller than conventional approaches. The power dissipations are much lower than CMOS and multiple-valued current-mode fast adders. (C) 2009 Elsevier Ltd. All rights reserved.

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The combination of ionizing radiation and gene therapy has been investigated. However, there are very few reports about the combination of heavy-ion irradiation and gene therapy. To determine if the pre-exposure to low-dose heavy ion beam enhances the suppression of AdCMV-p53 on non-small lung cancer (NSLC), the cells pre-irradiated or non-irradiated were infected with 20, 40 MOI of AdCMV-p53. Survival fraction and the relative biology effect (RBE) were determined by clonogenic assay. The results showed that the proportions of p53 positive cells in C-12(6+) beam induced AdCMV-p53 infected cells were more than 90%, which were significantly more than those in gamma-ray induced AdCMV-p53 infected cells. The pre-exposure to low-dose 12C6+ beam significantly prevented the G(0)/G(1) arrest and activated G(2)/M checkpoints. The pre-exposure to C-12(6+) beam significantly improved cell to apoptosis. RBEs for the C-12(6+)+ AdCMV-p53 infection groups were 30%-60%,20% -130% and 30%-70% more than those for the C-12(6+)_irradiated only, AdCMV-p53 infected only, and gamma-irradiation induced AdCMVp53 infected groups, respectively. The data suggested that the pre-exposure to low-dose C-12(6+) beam significantly promotes exogenous p53 expression in NSLC, and the suppression of AdCMV-p53 gene therapy on NSLC.

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Objective To investigate whether the irradiation with C-beam could enhance adenovirus-mediated transfer and expression of p53 in human hepatocellular carcinoma. Materials and methods HepG2 cells were exposed to C-beam or gamma-ray and then infected with replicationdeficient adenovirus recombinant vectors containing human wild-type p53 or green fluorescent protein, respectively. The transfer efficiency and expression level of the exogenous gene were detected by flow cytometric analysis. Cell survival fraction was detected by clonogenic assay. Results The transfer frequency in C-beam or gamma-irradiated groups increased by 50-83% and 5.7-38.0% compared with the control, respectively (P < 0.05). Compared with C-beam alone, p53 alone, and gamma-ray with p53, the percentages of p53 positive cells for 1 Gy C-beam with p53 increased by 56.0-72.0%, 63.5-82.0%, and 31.3-72.5% on first and third day after the treatments, respectively (P < 0.05). The survival fractions for the 2Gy C-bearn and AdCMV-p53 infection groups decreased to similar to 2%. Conclusion C-beam irradiation could significantly promote AdCMV-green fluorescent protein transfer and expression of p53.

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A series of heteroleptic green iridium dendrimers functionalized with carbazole dendrons, such as G2(pic) and G2(acac), have been synthesized, in which picolinic acid and acetylacetone are used as the ancillary ligands, respectively. Compared with the corresponding homoleptic iridium dendrimer G2 (8%), these heteroleptic ones can be prepared under mild conditions with total yields as high as 55-67%. Both the dendrimer G2(pic) and G2(acac) display bright green emissions with photoluminescence quantum yields higher than 0.80 in toluene solution. As a result, a maximum external quantum efficiency of 7.1% (21.0 cd/A) for G2(pic) and 7.7% (25.8 cd/A) for G2(acac) has been realized based on non-doped device configuration. The state-of-art performance indicates that the heteroleptic dendrimers can be promising candidates used for non-doped electrophosphorescent devices, especially when the ease of synthesis in a large scale is considered.

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A solid catalyst manganese pyrophosphate based on non-sieves to oxidize benzene to phenol with oxidant hydrogen peroxide has shown good conversion with good selectivity in CH3CN at 65 degrees C investigating water contact angle data of three manganese salts, it is found manganese pyrophosphate has certain repulsive water character. It is further to be confirmed by benzene and phenol adsorption experiments onto catalyst surface by GC. With benzene/H2O2 ratio of 1, the benzene conversion of 13.8% with phenol selectivity of 85.0% was achieved. It is noteworthy that no any products are obtained using manganese pyrophosphate as catalyst in the oxidation of phenol in CH3CN solvent.

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The structure and the electron-transfer of cytochrome c binding on the anionic lipid vesicles were analyzed by electrochemical and various spectroscopic methods. It was found that upon binding to anionic lipid membrane, the formal potential of. cytochrome c shifted 30 mV negatively indicating an eager redox interaction than that in its native state. This is due to the local alteration of the coordination and the heme crevice. The structural Perturbation in which a molten globule-like state is formed during binding to anionic lipid vesicles is more important. This study may help to understand the mechanism of the electron-transfer reactions of cytochrome c at the mitochondrial membrane.

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Juvenile tiger prawns (Penaeus semisulcatus De Haan and P. esculentus Haswell) show a strong association with vegetated habitats and are rarely caught on non-vegetated areas. This pattern of distribution may be caused by postlarvae selecting vegetation when they settle, or to differences in post-settlement mortality in different habitats. In this study, we examined whether the postlarvae and early juvenile stages of P. semisulcatus would distinguish between seagrass (Zostera capricorni Aschers) without epiphytes, artificial seagrass and bare substratum in the laboratory. The responses of prawns reared from the egg to different stages of postlarval and juvenile development were tested to determine whether, and when, each size class showed a response to a particular habitat. Five size classes of postlarvae (average carapace lengths [CL] of 1.2, 1.4, 1.6, 1.7 and 2.0 mm) were offered a choice between Z. capricorni and bare sand. Small size classes of postlarvae either did not respond to Z. capricorni (1.2 and 1.6 mm CL), or were more abundant on bare substratum than Z. capricorni. In contrast, the largest size classes of postlarvae (1.7 and 2.0 mm CL) were more abundant on Z. capricorni during the day but not at night. The behaviour of postlarvae changed markedly at a size of 1.7 mm CL (22 days from the first nauplius): smaller postlarvae frequently swam in the water column; 1.7 and 2.0 mm CL postlarvae spent much more. time resting on the substrate and perched on seagrass leaves. This size at which postlarvae first respond to seagrass during the day, and show mainly benthic behaviour, is similar to the size at which they are found on shallow seagrass beds in northern Australia. Large postlarvae (2.7 mm CL) and juveniles (4.1 mm CL) both were more abundant on artificial seagrass than bare sand during the day but not at night, indicating that they respond to structured habitats. When large postlarvae (2.4 mm CL) and juveniles (3.5 mm CL) were offered a choice between Z. capricorni without epiphytes and artificial seagrass, they were more abundant on the Z. capricorni, which suggests that chemical cues from seagrass may explain some of the responses of P. semisulcatus to seagrass. (C) 1997 Elsevier Science B.V.