O garantidor e a novação recuperacional

O objetivo da presente dissertação é analisar os efeitos gerados aos garantidores dos devedores em recuperação judicial, quando aprovado e homologado o Plano de Recuperação Judicial destes, diante do fenômeno da novação previsto no art. 59 da Lei nº 11.101/05. Essa análise será feita a partir de um estudo geral do instituto da novação no direito civil, bem como da disciplina legal das garantias pessoais, principalmente o aval e a fiança. Com base nesta visão cível, serão comparadas as duas posições hoje existentes sobre a matéria no âmbito comercial, tanto na doutrina como na jurisprudência nacionais, com o estudo dos argumentos utilizados por aqueles que defendem a manutenção incólume da obrigação dos terceiros garantidores, independentemente da novação, com a possibilidade dos credores prosseguirem normalmente com sua cobrança, bem como por aqueles que acreditam deva ser extinta a obrigação dos garantidores com a novação. Será apontada uma interpretação alternativa, construída pelo autor, de, em um primeiro momento, ocorrer a extinção da obrigação dos garantidores, enquanto estiver sendo adimplido o Plano de Recuperação pelo devedor principal, e retorno as obrigações originais caso descumprida a proposta aprovada pelos credores. Além dos efeitos decorrentes da lei, será analisada a eficácia da cláusula comumente inserida em Planos de Recuperação, de extinção da obrigação dos garantidores com a concessão da recuperação judicial. Ao final, diante do entendimento apresentado pelo autor sobre os efeitos legais da novação para o garantidor e da eficácia da mencionada cláusula, será proposta uma alteração legislativa, nos moldes do direito argentino, para possibilitar que o terceiro garantidor apresente uma proposta de pagamento conjunta com a devedora principal, encerrando-se a divergência interpretativa hoje existente.

Proposal of an admittance enhanced redundant joint mechanism to improve backdrivability

This paper describes a proposed admittance enhanced redundant joint mechanism (AERJM) which allows greater flexibility in the design of robotic joints. First, the basic concept of a redundant joint mechanism that reduces joint inertia is explained. Second, the AERJM structure is discussed. AERJM consists of a redundancy introducing mechanism (RIM), the adjustable admittance mechanism (AAM) and an admittance enhancing actuator. The working principles of the AERJM concept are analysed. The design and a working prototype, consisting of a variable reduction mechanism, along with a spring and a damper with constant coefficients, are described.

Liberalism, Marxism and Democratic Theory Revisited: Proposal of a Joint Index of Political and Economic Democracy

Liberalism and Marxism are two schools of thought which have left deep imprints in sociological, political and economic theory. They are usually perceived as opposite, rival approaches. In the field of democracy there is a seemingly insurmountable rift around the question of political versus economic democracy. Liberals emphasize the former, Marxists the latter. Liberals say that economic democracy is too abstract and fuzzy a concept, therefore one should concentrate on the workings of an objective political democracy. Marxists insist that political democracy without economic democracy is insufficient. The article argues that both propositions are valid and not mutually exclusive. It proposes the creation of an operational, quantifiable index of economic democracy that can be used alongside the already existing indexes of political democracy. By using these two indexes jointly, political and economic democracy can be objectively evaluated. Thus, the requirements of both camps are met and maybe a more dialogical approach to democracy can be reached in the debate between liberals and Marxists. The joint index is used to evaluate the levels of economic and political democracy in the transition countries of Eastern Europe.

Service Secretaries' joint study of the Office of the Secretary of Defense : Title I, DOD Reorganization Act of 1986 : report to the Secretary of Defense.

Cover title.

Personality and responses to appetitive and aversive stimuli: the joint influence of behavioural approach and behavioural inhibition systems

Gray’s reinforcement sensitivity theory (RST) posits two separable neurological systems involved in the regulation of personality and behaviour. The behavioural approach and inhibition systems facilitate the expression of appetitive (impulsive-sensation seeking traits) and aversive motivation (anxiety traits), respectively. Inconsistent findings regarding associations between measures of personality and behavioural responses to appetitive and aversive stimuli has led to a modification of RST including the notion that, rather than separable as first hypothesised, the two systems jointly influence behaviour. The current study was designed to investigate this proposal with an additional focus on the role of reinforcement expectancies. Seventy-eight participants completed two questionnaire measures of BIS/BAS activity (EPQ-R, SPSRQ) and two behavioural measures (Q-TASK, Card Arranging Reward Responsivity Objective Task). Findings were in general consistent with the original separable systems approach, however they also showed that aversive responses were highest in high BAS/high BIS individuals, thus suggesting an interactive account of BIS/BAS processes. Further, stronger positive correlations between self-report BAS traits and behavioural reward responsiveness were found for participants who perceived the task as more rewarding than initially expected. Discussion focuses on the role of reward expectancies and on the issue regarding separable vs. joint BIS/BAS systems.

Learning multidimensional joint control of a robot using receding horizon locally weighted regression

In this paper we explore the ability of a recent model-based learning technique Receding Horizon Locally Weighted Regression (RH-LWR) useful for learning temporally dependent systems. In particular this paper investigates the application of RH-LWR to learn control of Multiple-input Multiple-output robot systems. RH-LWR is demonstrated through learning joint velocity and position control of a three Degree of Freedom (DoF) rigid body robot.

Molecular characterization of "Candidatus Parilichlamydia carangidicola," a novel Chlamydia-like epitheliocystis agent in yellowtail kingfish, Seriola lalandi (Valenciennes), and the proposal of a new family, "Candidatus Parilichlamydiaceae" fam. nov. (order Chlamydiales).

Three cohorts of farmed yellowtail kingfish (Seriola lalandi) from South Australia were examined for Chlamydia-like organisms associated with epitheliocystis. To characterize the bacteria, 38 gill samples were processed for histopathology, electron microscopy, and 16S rRNA amplification, sequencing, and phylogenetic analysis. Microscopically, the presence of membrane-enclosed cysts was observed within the gill lamellae. Also observed was hyperplasia of the epithelial cells with cytoplasmic vacuolization and fusion of the gill lamellae. Transmission electron microscopy revealed morphological features of the reticulate and intermediate bodies typical of members of the order Chlamydiales. A novel 1,393-bp 16S chlamydial rRNA sequence was amplified from gill DNA extracted from fish in all cohorts over a 3-year period that corresponded to the 16S rRNA sequence amplified directly from laser-dissected cysts. This sequence was only 87% similar to the reported "Candidatus Piscichlamydia salmonis" (AY462244) from Atlantic salmon and Arctic charr. Phylogenetic analysis of this sequence against 35 Chlamydia and Chlamydia-like bacteria revealed that this novel bacterium belongs to an undescribed family lineage in the order Chlamydiales. Based on these observations, we propose this bacterium of yellowtail kingfish be known as "Candidatus Parilichlamydia carangidicola" and that the new family be known as "Candidatus Parilichlamydiaceae."

Joint identification of infinite-frequency added mass and fluid-memory models of marine structures

This paper addresses the problem of joint identification of infinite-frequency added mass and fluid memory models of marine structures from finite frequency data. This problem is relevant for cases where the code used to compute the hydrodynamic coefficients of the marine structure does not give the infinite-frequency added mass. This case is typical of codes based on 2D-potential theory since most 3D-potential-theory codes solve the boundary value associated with the infinite frequency. The method proposed in this paper presents a simpler alternative approach to other methods previously presented in the literature. The advantage of the proposed method is that the same identification procedure can be used to identify the fluid-memory models with or without having access to the infinite-frequency added mass coefficient. Therefore, it provides an extension that puts the two identification problems into the same framework. The method also exploits the constraints related to relative degree and low-frequency asymptotic values of the hydrodynamic coefficients derived from the physics of the problem, which are used as prior information to refine the obtained models.

Balancing information disclosure and “Red Tape” : Queensland’s proposal of seller disclosure

The Queensland Property Law Review is currently reviewing seller disclosure laws in Queensland. The review will consider if the desire to provide consumers of real estate with valuable timely information about a property offered for sale can be effectively delivered with a minimum of red tape. This article examines the principles proposed by the first discussion paper on seller disclosure and their likely effect in practice.

Career counseling : joint contributions of contextual action theory and the systems theory framework

The influence of constructivism and the ongoing drive for convergence, both of career theories and between theory and practice, have been key drivers in the career development literature for two decades (Patton, International Handbook of Career Guidance, 2008). Both contextual action theory and systems theory are derived from the root metaphor of contextualism, which has been proffered as a worldview to assist scientists and practitioners in organizing day-to-day experiential data. This chapter identifies the theoretical contributions of the Systems Theory Framework (STF) (Patton and McMahon, Career development and systems theory: A new development, 1999, Career psychology in South Africa, 2006) and Contextual Action Theory (Young and Valach, The future of career, 2000, Journal of Vocational Behavior 64:499–514, 2004; Young et al., Career choice and development, 1996, Career choice and development, 2002), each of which has advanced thinking in theory integration and in the integration between theory and practice in the career development and counseling field. Young et al. (Career development in childhood and adolescence, 2007) noted the connections between the Patton and McMahon systems theory approach and the contextual action theory approach and these connections will be highlighted in terms of the application of these theoretical developments to practice in career counseling, with a particular focus on the commonalities between the two approaches and what counselors can learn from each of them. In particular, this chapter will discuss common conceptual understandings and practice dimensions.

Joint evaluation of multiple speech patterns for speech recognition and training

We are addressing the novel problem of jointly evaluating multiple speech patterns for automatic speech recognition and training. We propose solutions based on both the non-parametric dynamic time warping (DTW) algorithm, and the parametric hidden Markov model (HMM). We show that a hybrid approach is quite effective for the application of noisy speech recognition. We extend the concept to HMM training wherein some patterns may be noisy or distorted. Utilizing the concept of ``virtual pattern'' developed for joint evaluation, we propose selective iterative training of HMMs. Evaluating these algorithms for burst/transient noisy speech and isolated word recognition, significant improvement in recognition accuracy is obtained using the new algorithms over those which do not utilize the joint evaluation strategy.

Joint decoding of multiple speech patterns for robust speech recognition

We are addressing a new problem of improving automatic speech recognition performance, given multiple utterances of patterns from the same class. We have formulated the problem of jointly decoding K multiple patterns given a single Hidden Markov Model. It is shown that such a solution is possible by aligning the K patterns using the proposed Multi Pattern Dynamic Time Warping algorithm followed by the Constrained Multi Pattern Viterbi Algorithm The new formulation is tested in the context of speaker independent isolated word recognition for both clean and noisy patterns. When 10 percent of speech is affected by a burst noise at -5 dB Signal to Noise Ratio (local), it is shown that joint decoding using only two noisy patterns reduces the noisy speech recognition error rate to about 51 percent, when compared to the single pattern decoding using the Viterbi Algorithm. In contrast a simple maximization of individual pattern likelihoods, provides only about 7 percent reduction in error rate.