997 resultados para Civil procedure


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Mode of access: Internet.

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In some circumstances ice floes may be modeled as beams. In general this modeling supposes constant thickness, which contradicts field observations. Action of currents, wind and the sequence of contacts, causes thickness to vary. Here this effect is taken into consideration on the modeling of the behavior of ice hitting inclined walls of offshore platforms. For this purpose, the boundary value problem is first equated. The set of equations so obtained is then transformed into a system of equations, that is then solved numerically. For this sake an implicit solution is developed, using a shooting method, with the accompanying Jacobian. In-plane coupling and the dependency of the boundary terms on deformation, make the problem non-linear and the development particular. Deformation and internal resultants are then computed for harmonic forms of beam profile. Forms of giving some additional generality to the problem are discussed.

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Dissertação de Mestrado, Património, Museologia e Desenvolvimento, 7 de Outubro de 2013, Universidade dos Açores.

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Dissertação de Mestrado em Solicitadoria

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The public consultation is a methodology for the interaction between the bodies responsible for drafting the law and the parties likely to be affected or to be interested in normative acts in question. This work seeks to encourage the use of public consultation in the process of elaboration of the Brazilian law. Therefore, some aspect of the knowledge area called Science of Legislation, with attention to the concept of “quality of the law” and to of the public consultation tool are addressed. We present the advantages of preparing public consultation mainly in the case of proposals that impose costs or benefits relevant to the economic agents involved in or promoting major change in the distribution of resources in society. Finally, it discusses the Brazilian legislative procedure and what the Brazilian law requires from legislative projects forwarded to the National Congress, as well as build a synthesis of the tools and the exiting possibilities of participation in the Brazilian context of elaboration of norms.

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The roman institution of the separatio bonorum is a pretorian remedy that relies on the principle of equity, created as to protect the deceased creditors and/or legatees. It provides them a"benefit" in the case of selling the goods of the heir-deubtor, enabling them to separate and reserve for themselves that whole patrimonium, as to avoid that by the act of selling, the heirs creditors could go to it; and like this they maintain intact their guarantee, which relies on the whole goods and assets left by the deceased. The separation of patrimonies implied the existence of 2 different groups of goods: that of the heirs" and that one of the deceased, which are not the same in legal terms, in spite of having a common owner at this point, the heir. This institution was regulated in the 6th title of the 42nd book of the Digesto, and in the 72th title, 7th book of the Justinean Code, and its interest is really high due to its material complexity and its procedure. The aim of this work is to analyze the institution of the separatio bonorum in Roman Law, and its importance in the same figure, actually regulated in the 4th book of the Catalan civil code.

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This paper presents the first results of the INTERNORM pilot project funded by the University of Lausanne (2010 - 2014) to support the involvement of civil society organisations (CSO) in two ISO technical committees (TC), the ISO TC 228 on "tourism and related services" and the ISO TC 229 on "nanotechnologies". It analyses how a distinct participatory mechanism can influence the institutional environment of technical diplomacy in which standards are shaped. The project is an attempt to respond to the democratic deficit attested in the field of international standardisation, formally open to civil society participation, but still largely dominated by expert knowledge and market players. Many international standards have direct implications on society as a whole, but CSOs (consumers and environmental associations, trade unions) are largely under-represented in negotiation arenas. The paper draws upon international relations literature on new institutional forms in global governance and studies of participation in science and technology to address three questions: to which extent do CSOs identify participation in standardisation as worth of their mobilisation? How is the pluralisation of knowledge and expertise supporting CSO position during the deliberation? To which extent can CSO access and influence standardisation beyond their consultative role? It argues that there are significant limitations to the rise of civil society participation in such global governance mechanisms. Despite high entry costs into technical diplomacy, participation is not so much a matter of upstream engagement, or of procedure and resources only, than of opportunistic CSOs mobilization, of distinct thematic incentives and concrete outcomes to be expected in standardisation arenas or in the broader use of international standards.

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This thesis is shows the result of the research work on the inherent Powers of the High Court in criminal jurisdiction. The criminal justice system in India recognizes inherent powers only of the High Court. The Theory and Philosophy of inherent powers are concerned the Distinction between civil and Criminal laws are of very little consequence. In formulating the research programme the confusion created by the concept of inherent powers and its application by High Court form the central point. How fully the concept is understood, how correctly the power is used, and how far it has enhanced the rationale of the administration of criminal justice, what is its importance and what are the solutions for the inherent power to earn a permanent status in the province of criminal jurisprudence are the themes of this study. The precipitation of new dimensions is the yardstick to acknowledge the inherent powers of the High Court and Supreme Court. It is of instant value in criminal justice system. This study concludes innovativeness provided by the inherent powers has helped the justice administration draw inspiration from the Constitution. A jurisprudence of inherent powers has developed with the weilding of inherent powers of the Supreme Court and the High Court. It is to unravel mystery of jurisprudence caused by the operation of the concept of inherent powers this research work gives emphasis. Its significance is all the more relevant when the power is exercised in the administration of criminal justice. Application or non application of inherent powers in a given case would tell upon the maturity and perfection of the standard of justice

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Mediante el estudio comparativo entre el sistema probatorio del “Common Law” Americano y el régimen probatorio del “ Civil Law” Colombiano, se pretende dar una perspectiva general del manejo que se le da a las pruebas en dos sistemas jurídicos

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El objetivo de la tesis doctoral es el análisis del recurso de apelación en el proceso civil desde su vertiente subjetiva. El estudio se centra en los sujetos que intervienen en el recurso de apelación, tanto en quienes han sido parte en primera instancia, com en los eventuales intervinientes o, incluso, terceros, es decir, aquellos sujetos que no han actuado en la primera instancia como partes originarias o intervinientes pero pretenden comparecer en apelación com intervinientes adhesivos. De otra parte, se ha analizado la bibliografía científica existente que trata sobre los diferentes aspectos de la teoría general de los recursos civiles, en especial sobre sus condiciones y presupuestos de adminsión. Si bien es cierto que no escasean valiosas obras relativas al objeto de la apelación, se echaban en falta, a mi juicio, estudios que abordasen específicamente y con la debida extebsión los aspectos subjetivos del recurso.

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A Teoria da Causa Madura é um instituto de direito processual civil que visa aprimorar a prestação jurisdicional. A possibilidade conferida pelo instituto de viabilizar o julgamento direto pelos tribunais, caso estejam presentes os requisitos legais, em caso de extinção equivocada do processo sem a resolução do mérito pelo juízo de origem, encurta o trâmite processual de maneira cirúrgica, sem macular qualquer princípio constitucional. A partir desta premissa louvável é que deve ser realizada a interpretação do instituto, possibilitando a delimitação do seu campo de atuação. A rigor, a aplicação da Teoria da Causa Madura está limitada ao recurso que a disciplina, a saber, apelação, tendo em vista que o dispositivo legal que a regula, art. 515, §3°, do Código de Processo Civil, está inserido no capítulo da apelação. No entanto, a localização geográfica do dispositivo não pode servir de obstáculo à interpretação que permita alargar o seu campo de atuação. A interpretação literal do dispositivo legal que a disciplina, portanto, não é a que melhor se ajusta com a hipótese em comento. As benesses que podem ser extraídas da norma, como mencionado, bem como o objetivo constitucional de tornar célere a entrega da prestação jurisdicional, permitem maior extensão dos seus efeitos, de modo a viabilizar sua aplicação a outros recursos previstos no sistema processual civil. Neste diapasão, a presente monografia tem o condão de demonstrar, à luz dos princípios constitucionais e processuais aplicáveis ao tema, que a Teoria da Causa Madura é um instituto plenamente aplicável a outros recursos disciplinados pelo CPC. Conclusão esta extraída de acordo com a missão constitucional de abreviar a tramitação dos processos, encerrando com a maior mazela deste serviço público essencial: a morosidade.

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There has been a continuous evolutionary process in asphalt pavement design. In the beginning it was crude and based on past experience. Through research, empirical methods were developed based on materials response to specific loading at the AASHO Road Test. Today, pavement design has progressed to a mechanistic-empirical method. This methodology takes into account the mechanical properties of the individual layers and uses empirical relationships to relate them to performance. The mechanical tests that are used as part of this methodology include dynamic modulus and flow number, which have been shown to correlate with field pavement performance. This thesis was based on a portion of a research project being conducted at Michigan Technological University (MTU) for the Wisconsin Department of Transportation (WisDOT). The global scope of this project dealt with the development of a library of values as they pertain to the mechanical properties of the asphalt pavement mixtures paved in Wisconsin. Additionally, a comparison with the current associated pavement design to that of the new AASHTO Design Guide was conducted. This thesis describes the development of the current pavement design methodology as well as the associated tests as part of a literature review. This report also details the materials that were sampled from field operations around the state of Wisconsin and their testing preparation and procedures. Testing was conducted on available round robin and three Wisconsin mixtures and the main results of the research were: The test history of the Superpave SPT (fatigue and permanent deformation dynamic modulus) does not affect the mean response for both dynamic modulus and flow number, but does increase the variability in the test results of the flow number. The method of specimen preparation, compacting to test geometry versus sawing/coring to test geometry, does not statistically appear to affect the intermediate and high temperature dynamic modulus and flow number test results. The 2002 AASHTO Design Guide simulations support the findings of the statistical analyses that the method of specimen preparation did not impact the performance of the HMA as a structural layer as predicted by the Design Guide software. The methodologies for determining the temperature-viscosity relationship as stipulated by Witczak are sensitive to the viscosity test temperatures employed. The increase in asphalt binder content by 0.3% was found to actually increase the dynamic modulus at the intermediate and high test temperature as well as flow number. This result was based the testing that was conducted and was contradictory to previous research and the hypothesis that was put forth for this thesis. This result should be used with caution and requires further review. Based on the limited results presented herein, the asphalt binder grade appears to have a greater impact on performance in the Superpave SPT than aggregate angularity. Dynamic modulus and flow number was shown to increase with traffic level (requiring an increase in aggregate angularity) and with a decrease in air voids and confirm the hypotheses regarding these two factors. Accumulated micro-strain at flow number as opposed to the use of flow number appeared to be a promising measure for comparing the quality of specimens within a specific mixture. At the current time the Design Guide and its associate software needs to be further improved prior to implementation by owner/agencies.

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Many of the material models most frequently used for the numerical simulation of the behavior of concrete when subjected to high strain rates have been originally developed for the simulation of ballistic impact. Therefore, they are plasticity-based models in which the compressive behavior is modeled in a complex way, while their tensile failure criterion is of a rather simpler nature. As concrete elements usually fail in tensión when subjected to blast loading, available concrete material models for high strain rates may not represent accurately their real behavior. In this research work an experimental program of reinforced concrete fíat elements subjected to blast load is presented. Altogether four detonation tests are conducted, in which 12 slabs of two different concrete types are subjected to the same blast load. The results of the experimental program are then used for the development and adjustment of numerical tools needed in the modeling of concrete elements subjected to blast.

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The severe accidents suffered by bridges during recent earthquake show that more careful analysis are needed to guarantee their behaviour. In particular simplified non-linear analysis could be useful to bridge the gap between theoretical research and practical applications. This paper presents one of those simplified methods that can be applied for first designs or to retrofitting of groups of bridges.

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Many advantages can be got in combining finite and boundary elements.It is the case, for example, of unbounded field problems where boundary elements can provide the appropriate conditions to represent the infinite domain while finite elements are suitable for more complex properties in the near domain. However, in spite of it, other disadvantages can appear. It would be, for instance, the loss of symmetry in the finite elements stiffness matrix, when the combination is made. On the other hand, in our days, with the strong irruption of the parallel proccessing the techniques of decomposition of domains are getting the interest of numerous scientists. With their application it is possible to separate the resolution of a problem into several subproblems. That would be beneficial in the combinations BEM-FEM as the loss of symmetry would be avoided and every technique would be applicated separately. Evidently for the correct application of these techniques it is necessary to establish the suitable transmission conditions in the interface between BEM domain and FEM domain. In this paper, one parallel method is presented which is based in the interface operator of Steklov Poincarè.