Exoneração e limitação do dever de indenizar: entre riscos e equilíbrio

A presente dissertação tem por objetivo analisar a cláusula de não indenizar, expressão utilizada como gênero do qual são espécies a cláusula que exonera e a que limita o dever de indenizar, à luz do ordenamento jurídico brasileiro. O estudo se justifica em virtude da cada vez mais frequente utilização deste ajuste para regular negócios jurídicos e por não existir um marco legislativo a respeito da matéria. A controvérsia inicial diz respeito à validade da convenção, que é resultado da ponderação do direito de autorregular suas relações e o princípio da reparação integral. Os seus principais requisitos de validade são a inexistência de dolo do agente causador do dano e a não violação a normas de ordem pública. A convenção pode incidir sobre a obrigação principal, salvo quando esta for personalíssima ou quando a indenização for a única forma de o credor obter o resultado equivalente à prestação Para ser eficaz, a convenção deve, ainda, guardar relação de equilíbrio e proporcionalidade entre os riscos assumidos e o benefício daquele que se submete ao risco de não ter ou ter parcialmente reparado os danos que lhe foi causado. O inadimplemento, absoluto ou relativo, é basicamente o risco contratual ao qual se submetem todos os contratantes e, nesse contexto, a cláusula de não indenizar tem como função alterar a distribuição dos riscos já fixados pelo legislador. A negociação dos riscos submete-se a alguns limites, destacando-se a possibilidade de os riscos serem previstos, o respeito aos princípios da boa-fé objetiva e do equilíbrio contratual, bem como a necessidade de ultrapassar o juízo de merecimento de tutela (meritevolezza). Nos contratos de adesão, a cláusula pode ser prevista, desde que a obrigação que atinge não seja personalíssima ou que tenha a indenização como única forma de o credor obter o equivalente a prestação. Já nas relações de consumo, é possível a limitação do dever de indenizar nos vícios de produtos e serviços, desde que o consumidor seja pessoa jurídica e a situação seja justificável, o que ocorre quando há negociação entre as partes, o consumidor é beneficiado com uma expressa vantagem e é assistido por consultor jurídico que lhe aponte os riscos inerentes àquela convenção.

Piezoelectric PVDF materials performance and operation limits in space environments

Piezoelectric polymers based on polyvinylidene fluoride (PVDF) are of interest for large aperture space-based telescopes. Dimensional adjustments of adaptive polymer films are achieved via charge deposition and require a detailed understanding of the piezoelectric material responses which are expected to suffer due to strong vacuum UV, gamma, X-ray, energetic particles and atomic oxygen under low earth orbit exposure conditions. The degradation of PVDF and its copolymers under various stress environments has been investigated. Initial radiation aging studies using gamma- and e-beam irradiation have shown complex material changes with significant crosslinking, lowered melting and Curie points (where observable), effects on crystallinity, but little influence on overall piezoelectric properties. Surprisingly, complex aging processes have also been observed in elevated temperature environments with annealing phenomena and cyclic stresses resulting in thermal depoling of domains. Overall materials performance appears to be governed by a combination of chemical and physical degradation processes. Molecular changes are primarily induced via radiative damage, and physical damage from temperature and AO exposure is evident as depoling and surface erosion. Major differences between individual copolymers have been observed providing feedback on material selection strategies.

The big data upgrade : new dimensions in data analysis - risks and opportunities [das big data upgrade : neue dimensionen der datennutzung – chancen und risiken]

Summary: More than ever before contemporary societies are characterised by the huge amounts of data being transferred. Authorities, companies, academia and other stakeholders refer to Big Data when discussing the importance of large and complex datasets and developing possible solutions for their use. Big Data promises to be the next frontier of innovation for institutions and individuals, yet it also offers possibilities to predict and influence human behaviour with ever-greater precision

Justifications and limits in the politically motivated lawbreaking of environmental activist groups

In recent events, notions of political protest, civil disobedience, extremism, and criminal action have become increasingly blurred. The London Riots, the Occupy movement, and the actions of hacking group Anonymous have all sparked heated debate about the limits of legitimate protest, and the distinction between an acceptable action and a criminal offence. Long before these events, environmental activists were challenging convention in protest actions, with several groups engaging in politically motivated law-breaking. The emergence of the term ‘eco-tage’ (the sabotage of equipment in order to protect the environment) signifies the important place environmental activists hold in challenging the traditional boundaries between illegal action and legitimate protest. Many of these groups establish their own boundaries of legitimacy, with some justifying their actions on the basis of civil disobedience or extensional self-defence. This paper examines the statements of environmental activist organisations that have engaged in politically motivated law breaking. It identifies the parameters that these groups set on their illegal actions, as well as the justifications that they provide, with a view to determining where these actions fit in the vast grey area between legal protest and violent extremism.

Investigation of schemes for incorporating generator Q limits in the fast decoupled load flow method

Fast Decoupled Load Flow (FDLF) is a very popular and widely used power flow analysis method because of its simplicity and efficiency. Even though the basic FDLF algorithm is well investigated, the same is not true in the case of additional schemes/modifications required to obtain adjusted load flow solutions using the FDLF method. Handling generator Q limits is one such important feature needed in any practical load flow method. This paper presents a comprehensive investigation of two classes of schemes intended to handle this aspect i.e. the bus type switching scheme and the sensitivity scheme. We propose two new sensitivity based schemes and assess their performance in comparison with the existing schemes. In addition, a new scheme to avoid the possibility of anomalous solutions encountered while using the conventional schemes is also proposed and evaluated. Results from extensive simulation studies are provided to highlight the strengths and weaknesses of these existing and proposed schemes, especially from the point of view of reliability.

Resolution Limits in Full- and Limited-Angle Tomography

info:eu-repo/semantics/published

The City as Laboratory and the Urban-Rural Divide: the Revival of Private Property and its Limits in Post-Mao China

This paper focuses on the revival of private property and its limits in urban China. It explores the emergence of urban property markets; urban property-holding in relation to the complexity of urban governance; “minor property rights apartments” that form a de facto real estate market and cross over the urban-rural divide; the “grey areas” of blurring legal and administrative boundaries in modern China; and recent changes to the rural land system and the rural-urban divide. The conclusion flags the theme of the city as laboratory with regard to the blurring legal and governmental urban-rural distinction.

The Revival of Private Property and Its Limits in Post-Mao China

This monograph examines the nature and significance of the re-emergence of private property in rapidly changing post-Mao China.

In examining this issue, the study explores a key dichotomy in Chinese law, that is, ‘public versus private’, and examines the manner in which the Chinese define ownership. The study stresses the importance of lack of clarity in the boundaries between the public and the private in property rights.

While there is a limited move towards the recognition of private property in real estate in contemporary China, this analysis also shows that ownership in the law, and ownership as understood and practised socially, often diverge significantly.

From the Qing dynasty reforms of the late nineteenth century onwards, ‘modernist’ law and entrenched social practice have often opposed each other. In contrast to the official, and indeed legal, support for unitary and exclusive property rights, the reality of the property regime has been a fragmentation of property rights. ‘Modern’ conceptions and theories of property rights emerged in the context of nation-building from the late Qing onwards, and unitary and exclusive property rights were considered as ‘badges’ of modernity.

These conceptions and theories served (and still serve) the purposes of control and governance but were, and still are, often resisted in social practice and popular thinking, leading to alienation and conflict. As a result, analysis of the nature and the social and political implications of re-emerging private property rights provides important insights for our understanding of the changing nature of modern China.

Expanded iron uta spectra - Probing the thermal stability limits in AGN clouds

The Fe unresolved transition arrays (UTAs) produce prominent features in the 15-17 Å wavelength range in the spectra of active galactic nuclei (AGNs). Here, we present new calculations of the energies and oscillator strengths of inner-shell lines from Fe XIV, Fe XV, and Fe XVI. These are crucial ions since they are dominant at inflection points in the gas thermal stability curve, and UTA excitation followed by autoionization is an important ionization mechanism for these species. We incorporate these, and data reported in previous papers, into the plasma simulation code Cloudy. This updated physics is subsequently employed to reconsider the thermally stable phases in absorbing media in AGNs. We show how the absorption profile of the Fe XIV UTA depends on density, due to the changing populations of levels within the ground configuration. © 2013. The American Astronomical Society. All rights reserved.

Entropy and thermodynamic limits in M-theory

The matching of the BPS part of the (super) membrane's spectrum enables one to obtain membrane's results via string calculations. We compute the thermodynamic behavior at large coupling constant by considering M-theory on a manifold with topology T-2 X R-9. In the small coupling limit of M-theory the entropy coincides with the standard entropy of type IIB strings. We claim that the finite temperature partition functions associated with BPS p-brane spectrum can be analytically continued to well-defined functionals. This means that finite temperature can be introduced in brane theory. For the point particle limit (p --> 0) the entropy has the standard behavior of thermodynamic quantities.

Thermal limits in relation to acclimation in the neotropical millipede Gymnostreptus olivaceus (Diplopoda, Spirostreptidae)

The neotropical millipede, Gymnostreptus olivaceus, lives at ambient temperatures of about 20°C. Its thermal tolerance was tested after acclimation to lower and higher temperatures as occurs under winter and summer conditions in the south and southeast regions of Brazil. An increase in tolerance to low temperatures was found in adapted specimens. The ecological aspects of this capability are discussed.