988 resultados para Personal property


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This paper analyses the relation between exile and literature in Angelina Muñiz-Huberman’s work El canto del peregrino. In this collection of essays, the Spanish-Mexican writer, member of the second generation of Spanish Republican exiles in Mexico, outlines a poetics of exile. From the outset, the relation between exile and literature is presented in terms of identity: while defining exile as “literary form”, the book tends to prefer a metaphorical concept of exile over ‘merely’ historical or referential approaches to it. More in particular, this paper will examine how the author constructs an identity of ‘exiled writer’ based on the close association between exile and literature on the one hand, and on the view of exile as ‘home’ or ‘dwelling’, on the other hand. A second point of interest concerns the discursive impact of this literary and metaphorical concept of exile and the author’s personal experience. A brief analysis of the essayist’s discursive voice and her writing practice shows how Muñiz-Huberman gives shape to an intrinsically complex and paradoxical view on exile.

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Violent play during the course of a game or sport is not a new phenomenon; accompanying legal proceedings are. This article considers personal injury liability for injuries inflicted by a participant upon an opponent during a sporting pursuit. The jurisdictional focus is on England and Wales. The sporting emphasis of the article is on competitive, body contact games. The legal emphasis is on the tort of negligence. Analogous to the law of criminal assault, breach of "implied sporting consent" or the volenti of the claimant will be seen as central in application, as assessed through a number of objective criteria, including the skill level of the injuring party and whether that defendant was acting in "reckless disregard" of the claimant's safety. These criteria or evidential guidelines, which emerge from a careful doctrinal analysis of the relevant case law, are seen as crucial to the examination of the appropriate degree of care in negligence within the prevailing circumstances of sport. The article also searches for some theoretical coherency within the case law, premising it on Fletcher's idea of reciprocal risk-taking. In addition, the underlying policy-related issue of sport's social utility is discussed, as are practical matters relating to vicarious liability, insurance and the measure of damages for "lost sporting opportunity". Moreover, it will be shown that personal injury claims relating to sports participant liability now extend to a consideration of the duties of coaches, referees, sports governing bodies and schools. Finally, this article is set against the backdrop of an apparently spiralling "compensation culture" and the concomitant threat that that "blame culture" poses for the future promotion, operation and administration of sport.

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The joint tenancy with its inherent right of survivorship is the most prevalent form of co-ownership in the common law world today. Most couples will be joint tenants of a family home, while relations (such as siblings) who purchase property together may opt for this arrangement. Inter vivos acquisitions aside, the huge intergenerational transfer of wealth within families on death can result in a joint tenancy, and it may also be a convenient estate planning device. The fact that property automatically vests in the surviving joint tenants on death is the reason why many people choose this form of co-ownership. However, there is one serious disadvantage. A joint tenancy is an inflexible form of landholding where relationships sour or family circumstances change over time, and co-owners want their respective `shares' of the property to pass to someone else on death. Where consensual severance is not possible, one joint tenant can sever unilaterally. The latter mechanism is vital in terms of giving effect to the wishes of the severing joint tenant, especially in situations of discord or a breakdown in relations with their fellow co-owners. However, unilateral severance also has serious implications for the non-severing joint tenant(s) who expected to inherit property through survivorship, and can impact significantly on ownership of the home and other family property. This article looks at unilateral severance as a means of subverting the right of survivorship. The focus is on personal and inter-family relationships, and the various legal issues and policy considerations associated with unilateral severance across the common law jurisdictions of Britain, Ireland, Australia, Canada, and New Zealand. It assesses the various methods of effecting unilateral severance and proposes specific measures, as well as considering novel arguments for preventing unilateral severance based on contractual agreements to the contrary and proprietary estoppel.

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El concepto del Yo en el pensamiento de José Ortega y Gasset aparece en repetidas ocasiones a lo largo de su obra, abordado desde diferentes perspectivas y entreverado con reflexiones intelectuales de todo tipo: psicológicas, sociológicas, artísticas, históricas, etc. Sin embargo, el enfoque de este escrito se acota a la importante relación epistemológica entre su raciovitalismo y su visión sobre la intimidad personal, centro y origen del desarrollo del Yo humano. Gracias a la riqueza de esta puede el Yo desarrollar su vocación personal hacia la autenticidad a la que está llamado, salvando de esta manera la incertidumbre, el drama y el destino al que se enfrenta a la hora de vivir la propia circunstancia.

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This paper appears in the Canadian-based, leading interprofessional education journal. Pre-qualification healthcare education can be viewed as having three inter-related components, intra-professional, interprofessional and intra-personal learning; the third of these underpinning the other two. Understanding more about personal learning needs can contribute to preparation for interprofessional interaction. A Studying and Learning Preferences Inventory (SALPI) was developed and validated for use with a range of healthcare professionals to assist in this process.

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Several personality constructs have been theorised to underlie right-wing authoritarianism (RWA). In samples from New Zealand and Germany (Ns = 218, 259), we tested whether these constructs can account for specific variance in RWA. In both samples, social conformity and personal need for structure were independent predictors of RWA. In Sample 2, where also openness to experience was measured, social conformity and personal need for structure fully mediated the impact of the higher-order factor of openness on RWA. Our results contribute to the integration of current approaches to the personality basis of authoritarianism. and suggest that two distinct personality processes contribute to RWA: An interpersonal process related to social conformity and an intrapersonal process related to rigid cognitive style. Copyright (C) 2009 John Wiley & Sons, Ltd.

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