O contrato preliminar incompleto

Esta dissertação tem por objetivo analisar o contrato preliminar, a partir das diversas funções que ele cumpre no processo de formação do negócio jurídico. Em especial, examina-se a figura do contrato preliminar que é menos completo do que o contrato definitivo, estabelecendo apenas os aspectos essenciais do negócio prometido e deixando em aberto outros pontos que devem ser preenchidos no intervalo entre os dois negócios. O contrato preliminar incompleto, como se lhe designa aqui, constitui uma etapa no processo de formação progressiva do contrato, atendendo a interesses dignos de tutela conforme o ordenamento jurídico. Para tanto, o trabalho está dividido em quatro capítulos, além da introdução e da conclusão. Na primeira parte, apresentam-se os principais interesses práticos que estão por trás da cisão do negócio em duas etapas (no contrato preliminar e no contrato definitivo). Vê-se que o contrato preliminar não é uma figura inútil, um desdobramento desnecessário do processo de formação do negócio. Na segunda parte, são delineados os contornos do contrato preliminar, mediante o exame de sua causa e de seu objeto, além das figuras que se lhe assemelham. Demonstra-se que, embora não se confunda com o negócio definitivo, o contrato preliminar já deve definir a causa do negócio prometido, que serve para identificá-lo. Na terceira parte, atenta-se para o chamado princípio da equiparação, que determina que, em regra, o contrato preliminar siga a mesma disciplina prevista para o negócio definitivo. Tal princípio deve ser, todavia, excepcionado, quando a própria cisão do processo de formação do negócio no preliminar e no definitivo serve para afastar alguma regra que valerá apenas para o segundo negócio. Nesse ponto, demonstra-se que o princípio da equiparação não se aplica integralmente no que se refere ao objeto do contrato definitivo, que não precisa estar previsto, exaustivamente, no contrato preliminar. Revela-se, aí, a admissibilidade da figura do contrato preliminar incompleto. Por fim, na última parte, examina-se a execução específica do preliminar, destacando-se, em particular, o cabimento desse remédio também para o chamado contrato preliminar incompleto, quando, então, caberá ao juiz integrá-lo mediante as regras de integração previstas no ordenamento jurídico.

The Impact of Contract Type on Service Provider Information Requirements

This paper is concerned with the role of information in the servitization of manufacturing which has led to “the innovation of an organisation’s capabilities and processes as equipment manufacturers seek to offer services around their products” (Neely 2009, Baines et al 2009). This evolution has resulted in an information requirement (IR) shift as companies move from discrete provision of equipment and spare parts to long-term service contracts guaranteeing prescribed performance levels. Organisations providing such services depend on a very high level of availability and quality of information throughout the service life-cycle (Menor et al 2002). This work focuses on whether, for a proposed contract based around complex equipment, the Information System is capable of providing information at an acceptable quality and requires the IRs to be examined in a formal manner. We apply a service information framework (Cuthbert et al 2008, McFarlane & Cuthbert 2012) to methodically assess IRs for different contract types to understand the information gap between them. Results from case examples indicate that this gap includes information required for the different contract types and a set of contract-specific IRs. Furthermore, the control, ownership and use of information differs across contract types as the boundary of operation and responsibility changes.

The effect of incomplete ionization on the turn-off behavior of FS IGBTs

This letter demonstrates for the first time the effect of the incomplete ionization (I.I.) of the transparent p-anode layer on the static and dynamic characteristics of the field-stop insulated gate bipolar transistors (FS IGBTs). This effect needs to be considered in FS IGBTs TCAD modeling to match accurately the device characteristics across a wide range of temperatures. The acceptor ionization energy (EA) governing the I.I. mechanism for the p-anode is extracted via matching the experimental turn-off waveforms and the static performance with Medici simulator. © 1980-2012 IEEE.

incomplete exponential sums over galois rings with applications to some binary sequences derived from z(2l)

IEEE Computer Society

Optimal Fuzzy PID Controller with Incomplete Derivation and Its Simulation Research on Application of Intelligent Artificial Legs

提出了一种新的最优模糊PID控制器，它由两部分组成，即在线模糊推理机构和带有不完全微分的常规PID控制器，在模糊推理机构中，引入了三个可调节因子xp,xi和xd，其作用是进一步修改和优化模糊推理的结果，以使控制器对一个给定对象具有最优的控制效果，可调节因子的最优值采用ITAE准则及Nelder和Mead提出的柔性多面体最优搜索算法加以确定，这种PID控制器被用来控制由作者设计的智能人工腿中的一个直流电机，仿真结果表明该控制器的设计是非常有效的，它可被用于控制各种不同的对象和过程。

Stable Mixing of Complete and Incomplete Information

An increasing number of parameter estimation tasks involve the use of at least two information sources, one complete but limited, the other abundant but incomplete. Standard algorithms such as EM (or em) used in this context are unfortunately not stable in the sense that they can lead to a dramatic loss of accuracy with the inclusion of incomplete observations. We provide a more controlled solution to this problem through differential equations that govern the evolution of locally optimal solutions (fixed points) as a function of the source weighting. This approach permits us to explicitly identify any critical (bifurcation) points leading to choices unsupported by the available complete data. The approach readily applies to any graphical model in O(n^3) time where n is the number of parameters. We use the naive Bayes model to illustrate these ideas and demonstrate the effectiveness of our approach in the context of text classification problems.

Reasoning from Incomplete Knowledge in a Procedural Deduction System

One very useful idea in AI research has been the notion of an explicit model of a problem situation. Procedural deduction languages, such as PLANNER, have been valuable tools for building these models. But PLANNER and its relatives are very limited in their ability to describe situations which are only partially specified. This thesis explores methods of increasing the ability of procedural deduction systems to deal with incomplete knowledge. The thesis examines in detail, problems involving negation, implication, disjunction, quantification, and equality. Control structure issues and the problem of modelling change under incomplete knowledge are also considered. Extensive comparisons are also made with systems for mechanica theorem proving.

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.

Self-Supervised ARTMAP

Computational models of learning typically train on labeled input patterns (supervised learning), unlabeled input patterns (unsupervised learning), or a combination of the two (semisupervised learning). In each case input patterns have a fixed number of features throughout training and testing. Human and machine learning contexts present additional opportunities for expanding incomplete knowledge from formal training, via self-directed learning that incorporates features not previously experienced. This article defines a new self-supervised learning paradigm to address these richer learning contexts, introducing a neural network called self-supervised ARTMAP. Self-supervised learning integrates knowledge from a teacher (labeled patterns with some features), knowledge from the environment (unlabeled patterns with more features), and knowledge from internal model activation (self-labeled patterns). Self-supervised ARTMAP learns about novel features from unlabeled patterns without destroying partial knowledge previously acquired from labeled patterns. A category selection function bases system predictions on known features, and distributed network activation scales unlabeled learning to prediction confidence. Slow distributed learning on unlabeled patterns focuses on novel features and confident predictions, defining classification boundaries that were ambiguous in the labeled patterns. Self-supervised ARTMAP improves test accuracy on illustrative lowdimensional problems and on high-dimensional benchmarks. Model code and benchmark data are available from: http://techlab.bu.edu/SSART/.

Health care and neoliberalism in Ireland: withholding the gift and corrupting the social contract

The health of a nation tells much about the nature of a social contract between citizen and state. The way that health care is organised, and the degree to which it is equitably accessible, constitutes a manifestation of the effects of moments and events in that country's history. Using four case studies, this thesis uses a historical genealogical approach to explain the evolution of Ireland's particular version of health care provision. The total social fact of the gift relationship, central to all human relations, will be used to form a theoretical and conceptual framework on which to build an analysis of Ireland's health and welfare conditions. Additionally, social contract theory will enable an examination of the role of solidarity in relation to social expectations around health care provision. Through the analysis of these cases, the complex matrix of the influential forces that have shaped current conditions are exposed and revealed, enabling a critical understanding of the extent of acquiescence to the inequitable system that arguably exists. The vulnerability of citizens in need of care to the external and global effects of market forces and neoliberalism, therefore, becomes central to any argument for state-provided health and welfare. The hegemony of such forces can be seen to influence the manner in which the idea of individual self-reliance, in place of collective solidarity, is conceptualised and subsequently infiltrated into a range of aspects of the social world. For example, the particular discourse of the market and of economic concerns succeeds in shaping understandings of responsibilities around central areas of health and welfare. Similarly the 'possessor principle' can be seen to be misplaced within the context of health and social care, but yet has become normalised within this discourse. Within this matrix of complex influencing factors, the welfare state struggles to impose a balance between market values and social values. Responsibilities of the state to support and compensate its citizens for the ills of the market have become devalued, as the core values of classical liberalism have become distorted beyond recognition, leaving instead bare neoliberal concerns. This thesis traces the genealogical origins of this transition within the recent history of Irish health care and thereby reveals the embedding of individualism in place of solidarity, the on going reneging of the social contract and the corruption of the gift relationship.

Application of regularization methods to damage detection in large scale plane frame structures using incomplete noisy modal data

This paper presents an approach for detecting local damage in large scale frame structures by utilizing regularization methods for ill-posed problems. A direct relationship between the change in stiffness caused by local damage and the measured modal data for the damaged structure is developed, based on the perturbation method for structural dynamic systems. Thus, the measured incomplete modal data can be directly adopted in damage identification without requiring model reduction techniques, and common regularization methods could be effectively employed to solve the developed equations. Damage indicators are appropriately chosen to reflect both the location and severity of local damage in individual components of frame structures such as in brace members and at beam-column joints. The Truncated Singular Value Decomposition solution incorporating the Generalized Cross Validation method is introduced to evaluate the damage indicators for the cases when realistic errors exist in modal data measurements. Results for a 16-story building model structure show that structural damage can be correctly identified at detailed level using only limited information on the measured noisy modal data for the damaged structure.