Academic literature on the topic 'The failure to fulfill an obligation'
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Journal articles on the topic "The failure to fulfill an obligation"
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Butsan, Marharyta. "Performance of obligations in modern civil law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 414–17. http://dx.doi.org/10.36695/2219-5521.1.2020.82.
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The article considers the notion of performance. Treaty obligations were the most common in the civil turnover. Their performance depends to a large extent the stability of the economy and society as a whole. Of particular importance are norms of civil legislation implementing the Treaty obligation. They are used daily in practical activities of legal entities and citizens. The performance of an obligation – it is always a process that takes some period of time and consists of a series of actions of the debtor and the creditor. Debtor proposes the execution, the creditor accepts it. The article studies scientific approaches with respect to conditions of contractual obligations. practice shows that most contracts are careless, do not contain the necessary conditions to realization of the interests of the parties, do not include measures to ensure contractual obligations. During the execution of such contracts often have complications, different interpretations by the parties to the same conditions, and as a result, there has been a massive failure by the parties of their responsibilities, resulting in numerous conflicts. The most important task of modern legal science and practice – the creation of legal mechanisms, allowing most effectively to ensure the proper performance of contractual obligations and to compensate the injured party for the loss caused by their failure or improper performance. Mechanism of performance of the obligation is the mutual interest of the parties. In determining the obligations a list of specific actions that the debtor is obliged to make in favor of the lender, is limited to the indication of the transfer of property, performance of work and payment of money. Undoubtedly, the parties rely on bilateral compliance with the obligations under the contract, but obviously there are cases when under any circumstances one of the parties does not fulfill its obligations. Performance of the obligation should also be understood as certain acts by the debtor (or refraining from doing,) that is the obligation of the debtor. In this regard, it should be noted that the lender has the right to demand fulfillment of the obligation, but the debtor is involved in such actions. Moreover, under proper performance to understand the performance of an obligation by an appropriate person at the appropriate time a particular person under equal circumstances. The real is the performance of specific obligations, which is reflected in the implementation of certain actions.
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Stanišić, Slobodan. "Legal Consequences of Late Payments in Payment of the Insurance Premium // Pravne posljedice docnje u plaćanju premije osiguranja." Годишњак факултета правних наука - АПЕИРОН 8, no. 8 (2018): 102. http://dx.doi.org/10.7251/gfp1808102s.
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The paper discusses the legal consequences that may occur when the insured person late or do not fulfill the obligation to pay premiums. Failure to pay premiums on time and in the manner as provided by the insurance contract or by law, affect the beginning of life insurance coverage, and thus the existence of insurers liability to indemnify or pay the insured sum at the occurrence of an event that is insured case.
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Navarro, Jessica L., and Jonathan R. H. Tudge. "What Is Gratitude? Ingratitude Provides the Answer." Human Development 64, no. 2 (2020): 83–96. http://dx.doi.org/10.1159/000511185.
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Current scholarship on “gratitude” has largely ignored its opposite – ingratitude. As a result, gratitude is no longer distinguishable from constructs such as appreciation and happiness. This was not the case over previous centuries – ingratitude was viewed as something monstrous, a failure to reciprocate would loosen the bonds holding society together. The opposite, gratitude, was seen as a virtue. Reciprocity has come under attack because “obligation” has been understood in only one of two possible senses. The first relates to contracts and justice – one has a heteronomous obligation to pay off a debt or fulfill a contract. The second is a sense of obligation that comes from within, autonomously – the desire to help those that have helped us. Here, we argue, is where gratitude and ingratitude are situated. This view has two important consequences; one relates to the measurement of gratitude and the other to raising youth to be grateful people.
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., Vunieta, and Walida Ahsana Haque. "LEGAL PROTECTION AGAINST THE FAILURE TO COMPENSATE ON INTERNATIONAL INVESTMENT DISPUTE." Yustisia Jurnal Hukum 8, no. 2 (2019): 205. http://dx.doi.org/10.20961/yustisia.v8i2.28490.
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A dispute between two or more countries involved in a foreign investment may arises<br />from investment agreement agreed upon by the parties. If one of the parties breaches<br />the agreement, the parties will automatically agree to resolve the dispute to the agreed<br />arbitration forum based on the dispute settlement clause on the agreement, those<br />forum such as the ICSID arbitration. Therefore, the existence of dispute settlement<br />clause on an investment agreement (Bilateral Investment Treaty) is very necessary.<br />The result of the above-mentioned arbitration proceeding is a binding and final<br />decision for the parties. An arbitral award, should contain relief or compensation<br />set by the arbitrator as the result of the proceeding. The reliefs are given as orders to<br />indemnify the damages obtained by Claimant. Issues arises when Respondent has been<br />proven to have done detrimental damage to the Claimant yet Respondent deliberately<br />neglected his/her obligation to compensate Claimant accordingly based on the relief/<br />compensation specified in the award. The non-compliance of the Respondent to<br />fulfill the compensation obligation is due to the fact that the party habitually assume<br />that the arbitration award does not have the legal force equivalent to the decision<br />of general court, even though the nature of the award is final and binding. Thus the<br />interests and rights of the Applicant who has been declared entitled to compensation<br />based on the arbitration award must be protected so that their rights can be fulfilled<br />according to the law.
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Azani, Putri Kinanti, and Khairunnisa Khairunnisa. "PENGARUH LIKUIDITAS, LEVERAGE DAN PERTUMBUHAN PERUSAHAAN TERHADAP PERINGKAT OBLIGASI." JAF- Journal of Accounting and Finance 1, no. 01 (2019): 49. http://dx.doi.org/10.25124/jaf.v1i01.900.
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Bond rating is a risk scale which can illustrate the ability of a company in fulfilling its obligation to pay interest or pay off principal. The higher the bond rating, the more a company is considered able to fulfill its obligation punctually. Conversely, the lower the bond rating, the higher the risk of failure to pay.
 This study was aimed to determine factors influencing bond rate. The research variables were liquidity, leverage and company growth. The research object was bonds published by non-financial and non-banking companies rated by PT. PEFINDO in 2011-2015. The sampling technique was purposive sampling, which collected 105 bonds published by 7 companies. The data analysis model in this study was logistic regression analysis using SPSS 21 sofware. The research result showed that variables liquidity and leverage had significant positive influence on bond rating while company growth had significant negative influence on bond rating
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Siregar, Muhammad Akhir, Mustafid Mustafid, and Rukun Santoso. "PENGUKURAN PROBABILITAS KEBANGKRUTAN OBLIGASI KORPORASI DENGAN SUKU BUNGA COX INGERSOLL ROSS MODEL MERTON (Studi Kasus Obligasi PT Indosat, Tbk)." Jurnal Gaussian 7, no. 2 (2018): 175–86. http://dx.doi.org/10.14710/j.gauss.v7i2.26652.
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Nowadays bonds become one of the many securities products that are being prefered by investors. Observing the level of the company's rating which good enough or in the criteria of investment grade can’t be a handle of investors. Investing in long-term period investors should understand the risks to be faced, one of investment credit risk on bonds is default risk, this risk is related to the possibility that the issuer fails to fulfill its obligations to the investor in due date. The measurement of the probability of default failure by the structural method approach introduced first by Black-Scholes (1973) than developed by Merton (1974). In Bankruptcy model, merton’s model assumed the company get default (bankrupt) when the company can’t pay the coupon or face value in the due date. Interest rates on the Merton model assumed to be constant values replaced by Cox Ingersoll Ross (CIR) rates. The CIR rate is the fluctuating interest rate in each period and the change is a stochastic process. The empirical study was conducted on PT Indosat, Tbk's bonds issued in 2017 with a face value of 511 Billion in payment of obligations by the issuer for 10 years. Based on simulation results done with R software obtained probability of default value equal to 7,416132E-215 Indicates that PT Indosat Tbk is deemed to be able to fulfill its obligation payment at the end of the bond maturity in 2027. Keywords: Bond, CIR Rate, Merton Model, Ekuity, Probability of default
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Zemlyakova, G. L. "CHOICE OF THE TYPE OF PERMITTED USE OF A LAND PLOT BY ITS RIGHT OWNER: PROBLEMS OF LEGAL REGULATION." Bulletin of Udmurt University. Series Economics and Law 31, no. 2 (2021): 251–56. http://dx.doi.org/10.35634/2412-9593-2021-31-2-251-256.
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The reason for writing this article was the Resolution of the Constitutional Court of the Russian Federation of October 16, 2020 No. 42-P, the adoption of which is due to the lack of proper legal regulation of the choice of the type of permitted use of a land plot by its rightholder. Federal legislation does not directly provide for the obligation of the rightholder of a land plot to choose the type of its permitted use, and there is no procedure for its implementation. Therefore, the coercion of the rightholder to conduct cadastral registration of a land plot in connection with the choice or change of its permitted use, and even more so bringing to responsibility for the use of the land plot not in accordance with its permitted use due to failure to fulfill such an obligation cannot be recognized as legal and justified. In this regard, the author made proposals for improving the legislation.
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MUCHA, EDYTA. "OBLIGATION TO DENOUNCE IN THE CONTEXT OF MEDICAL CONFIDENTIALITY." PRZEGLĄD POLICYJNY 136, no. 4 (2020): 167–75. http://dx.doi.org/10.5604/01.3001.0014.1138.
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The subject of the article is the issue of the obligation to notify about a crime in relation to medical confi dentiality. Medical workers may obtain information indicating the commission of a criminal act while performing medical services. An important issue is whether, in such a situation, they can or should notify law enforcement authorities. In order to resolve these issues, the legislator defi nes the legal and social obligation to denounce. The legal obligation of a medical worker to notify about a crime relates to the offences specifi ed in Art. 240 (1) of the Act of June 6, 1997 — Penal Code. Among the enumerated types of generic acts covered by denunciation, particularly important due to the issues raised, are the crime of murder (Article 148 of the Penal Code) and deprivation of liberty (Article 189 of the Penal Code). A medical worker having obtained reliable information about the commission of a criminal act is obliged to notify law enforcement authorities. It is irrelevant whether they learned about it while carrying out professional activities or without a connection with their performance. The criminal sanction for failure to comply with the obligation under Article 240 (1) of the Criminal Code is a prison sentence of up to 3 years. However, the social obligation to denounce is introduced by Art. 304 (1) of the Act of June 6, 1997 — Code of Criminal Procedure. Failure to fulfi l obligations of this nature does not result in any criminal consequences. The social obligation to denounce does not include offences prosecuted on private accusation or on request of the victim. It is worth noting that this obligation does not repeal any of the laws regulating medical secrets. In this case, a medical worker who has learned of a crime in connection with the exercise of their profession has no obligation to denounce. It should be emphasised that a medical worker may fulfi l the obligation to denounce only if the patient or their legal representative has consented to it, or if there are premises for presuming the consent.
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Podraza, Natalia. "Społeczny oraz prawny obowiązek zawiadomienia o przestępstwie ściganym z urzędu." Zeszyty Prawnicze Biura Analiz Sejmowych 4, no. 68 (2020): 203–11. http://dx.doi.org/10.31268/zpbas.2020.85.
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Pursuant to the Code of Penal Procedure, any person, upon having learned about the commission of a crime prosecuted ex officio, bears a social obligation to notify a Public Prosecutor or the Police about it. In case of certain crimes that social obligation is transformed into a legal one concerning an immediate notification to law enforcement authorities about the commission, attempt or preparation of any of these crimes. Failure to fulfil the legal obligation to notify law enforcement authorities shall result in committing a crime punishable by up to 3 years’ imprisonment.
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Husnul Khotimah, Rachmadani Eka, Thohir Luth, and Hanif Nur Widhiyanti. "PERLINDUNGAN HUKUM TERHADAP BANK ATAS PERJANJIAN KREDIT KONSUMSI BAGI ORANG ASING." Jurnal Ilmiah Hukum LEGALITY 26, no. 1 (2018): 81. http://dx.doi.org/10.22219/jihl.v26i1.6616.
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Since 2005 the rule of Bank Indonesia is already issued a policy about consumer credit facilities in order to get a place or a home for foreign people who live in Indonesia, but it is not enough to make all the bank that took place in Indonesia give that facilities. One of the reasons discrepancy of a number banks to give that credit facilities to foreign people is because the risk in case there is a failure or the person is not fulfilling the obligation. Considering the debtor is a foreigner, while the object of the guarantee is a land with a right of use that has a limited period, and until now there is still no regulations from both the Indonesian government and from Bank Indonesia that specifically provide protection against banks on consumer credit facilities for foreigners. In this paper, the writer will discuss the effort of legal protection that can be done by the Bank are preventive effort and repressive effort. Preventive legal protection efforts undertaken by banks is with credit agreements. Repressive legal protection effort, if the foreign debtors can not fulfill the obligation one of them is to stop the consumer credit agreement.
Dissertations / Theses on the topic "The failure to fulfill an obligation"
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Andersson, Lisa. "Mervärdesskattedirektivets implementering : Nationellt handlingsutrymme gällande bestämmelserna om mervärdesskattegrupper och reducerade mervärdesskattesatser?" Thesis, Internationella Handelshögskolan, Högskolan i Jönköping, IHH, Rättsvetenskap, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:hj:diva-21498.
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En medlemsstat inom Europeiska Unionen (EU) ska anpassa de nationella bestämmelserna för att möta de EU-rättsliga bestämmelserna. Ett exempel på en sådan reglering är mervärdesskatten. Syftet med regleringen av mervärdesskatten har varit att skapa och stimulera en inre marknad inom EU, utan skillnader mellan medlemsländerna. Mervärdesskatten har harmoniserats genom mervärdesskattedirektivet som medlemsstaternas är förpliktigade att implementera. Implementering av ett direktiv ger medlemsstaterna möjligheten att själva tolka och avgöra tillvägagångssättet, så länge direktivets syfte uppnås. Dock har flertalet talan om fördragsbrott uppkommit i Europeiska Unionens domstol, grundat på kommissionens åsikt om att medlemsstater har underlåtit att uppfylla sina skyldigheter enligt mervärdesskattedirektivet. Därav uppkommer frågan hur den konstitutionella grunden för EU ger medlemsstaterna eget handlingsutrymme att tolka och implementera bestämmelserna i mervärdesskattedirektivet utifrån EU:s fördrag, rättspraxis och principerna om neutralitet, legalitet, likabehandling och lojalitet. Rättspraxis behandlar områdena för mervärdesskattegrupper och reducerade skattesatser. Det kan konstateras att medlemsstaterna har ett begränsat handlingsutrymme för implementering av mervärdesskattedirektivets bestämmelser. EU:s fördrag, principer och praxis ger inte medlemsstaterna något större utrymme att själva tolka och implementera bestämmelserna. Vidare framgår att det finns en osäkerhet kring tillämpningsområdet och vidden av neutralitetsprincipen, vilket gör att medlemsstaterna inte kan försäkra sig ett större skydd mot fördragsbrott i frågan om implementering av mervärdesskattedirektivet. Därmed finns en rättsosäkerhet i frågan om medlemsstaternas handlingsutrymme gällande implementeringen av mervärdesskattedirektivet bestämmelser vilket även påverkar varje enskild medborgare inom EU.<br>As a member of the European Union (EU), nations commit to accommodate its national legislation to EU law. An example of this is the regulation of value added tax (VAT). The purpose with the regulation of VAT is to create and stimulate the internal market within EU, without differences between the member states. The VAT is harmonized through the VAT Directive, which every member state is obligated to comply with. The implementation of a directive imposes an opportunity for the member states to make their own interpretations and determine how the implementation shall be handled, as long as the result of the directive is fulfilled. However, several claims have been raised in the Court of Justice of the European Union, claiming failure to fulfil an obligation under the Directive on the common system of VAT. This is based on the Commission’s view that member states do not comply with its obligations within the VAT Directive. Thereby arises the question of; how the constitutional rights of EU actually gives the member states an opportunity to interpret the implementation of the VAT Directive into national legislation. In the thesis this question is set in relation to EU Treaties, legal principals and an analysis of case law in the areas of VAT groups and reduced tax rates. The thesis concludes that the member states have a limited discretion for implementation of the VAT Directive. EU Treaties, principles and case law do not give the area of discretion that has been interpreted. Furthermore there is an uncertainty about the area of application and the principle of neutrality. Therefore member states cannot ensure protection against failure to fulfil an obligation under the Directive on the common system of VAT. Thus, there is a legal uncertainty in the question of discretion regarding the implementation of the VAT Directive, which affects all citizens within the EU.
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Parinet, Pauline. "La carence de l'administration." Thesis, Tours, 2017. http://www.theses.fr/2017TOUR1012/document.
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La carence de l’administration est à la fois évocatrice et ambigüe. Évocatrice pour l’administré, car elle ravive les mauvais souvenirs administratifs de chacun. Ambigüe pourtant, pour le juriste, car la carence évoque spontanément de multiples termes qui en sont proches, comme l’inertie ou l’abstention. Elle doit néanmoins en être distinguée et peut être définie comme le résultat de certaines inactions : celles qui n’auraient pas dû avoir lieu. Ainsi, la reconnaissance d’une carence administrative a une fonction : elle signale un comportement passif inadmissible. Elle dénonce à la fois une utilisation insuffisante de ses moyens pour remplir sa mission et une inaction administrative abusive. Le caractère anormal de l’inaction dénoncée par cette reconnaissance implique, alors, une réaction du système juridique, afin que le manque constaté ne puisse échapper à toute sanction, que celle-ci soit juridictionnelle ou non<br>The deficiency of the administration is meaningful and also ambiguous. Meaningful as it brings back administrative bad memories for every citizen. But ambiguous, for jurists, as the deficiency naturally reminds them of many terms which are very close, such as lethargy or abstention. Nevertheless, the deficiency has to be distinguished from these terms and can be defined as the result of some inactions : the ones which should not have happened. The recognition of the administrative deficiency has thus a function : highlighting an unacceptable passive behaviour. What it means an insufficient use of its means to fulfil its mission and an abusive abstention. So, the abnormal nature of this inaction highlighted by this recognition needs a reaction of the legal system, in order to condemn this noted lack, jurisdictionally or not
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Sow, Idrissa. "La protection de l’ordre juridique sous-régional par les Cours de justice : contribution à l’étude de la fonction judiciaire dans les organisations ouest-africaines d’intégration." Thesis, Bordeaux 4, 2013. http://www.theses.fr/2013BOR40029.
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Aux lendemains des indépendances, les Etats de l’Afrique de l’Ouest ont constitués entre eux des organisations d’intégration économique dans le but de favoriser leur développement économique et social.Ces organisations conçues pour la plupart à partir du modèle Européen dispose d’une personnalité juridique autonome et d’un corps de règles propres ayant vocation à s’insérer de façon uniforme dans l’ordre juridique interne des différents Etats membres. Le fonctionnement harmonieux de ce système suppose l’existence d’un organe indépendant chargé, entre autres, de veiller à l’équilibre général du dispositif et d’assurer une interprétation uniforme des normes communautaires.Dans le cadre de l’UEMOA comme de La CEDEAO, cette fonction de protection est exercée par des organes juridictionnels intégrés dont la mission principale consiste à veiller au respect du droit dans l’interprétation et dans l’application des Traités constitutifs.L’objectif visé, à travers cette contribution, est de faire observer que le dispositif de protection mis en place fonctionne, d’une part, par les mécanismes de coopération institués entre les cours de justice et les autres composantes du système communautaire et d’autre part par le contrôle juridictionnel exercé sur les organes communautaires et les Etats membres<br>After being freed from colonization, the West African States have set up commonly economic integration organizations to promote their economic and social development.The creation of the majority of those organizations is based on the European example and they have an independent legal personality and a body with specific rules in charge of integrating uniformly the internal legal environment of the different Member States.The harmonious functioning of the system requires, among others, the existence of an independent structure designed to take control of the general balance organization and achieve a uniform interpretation of the Community norms. Within the framework of the WAEMU as well as in the ECOWAS, this protective function is delegated to integrated judicial bodies whose main mission consists in making sure that a submission to the law related to the interpretation and compliance with Treaties is effective.The goal of such a contribution is to point out that the settled protection device is functioning, on the one hand, by the cooperation mechanisms introduced by justice courts and the other components of the Community system and, on the other hand, by the judicial control over the community structures and the Member States
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Kučera, Václav. "Česká republika jako účastník řízení o nesplnění povinnosti vyplývající ze Smluv EU." Master's thesis, 2013. http://www.nusl.cz/ntk/nusl-330250.
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The aim of this diploma thesis is partly a reflection on the history and current form of the institute of infringement proceedings and in particular the analysis of the Czech Republic's participation in this type of procedure since its entry into the European Union. Proceedings for failure to fulfill an obligation is introduced as the main sanction- control mechanism under EU law, the purpose of which is to ensure that Member States comply with the obligations they adopted in connection with accession to the EU and that union norms have full effect. At the beginning is outlined the historical development of the infringement proceedings, i.e. on what purpose and in which way was this control mechanism initially incorporated into the primary law of the European Community, how its parameters gradually changed and whit what kind of proposals are currently mentioned in order to ensure the maximum efficiency of the procedure. Thesis emphasizes on a detailed introduction and evaluation of all aspects of procedure. Particular chapters are devoted to the question of object to the proceedings, legal entities and their rights during the proceedings, the system of sanctions and the effects of the European Court's decisions in the case. Control and discretion power is in infringement proceedings exercised by...
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Hsieh, Yun-Chieh, and 謝勻捷. "The Impacts Of Service Failure, Consumer And Obligation Types On Complaining Behaviors In E-Tailing." Thesis, 2013. http://ndltd.ncl.edu.tw/handle/42332720929108771513.
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碩士<br>大同大學<br>事業經營學系(所)<br>101<br>Industrial transformation and rapidly growth of tech, the Internet has become an unavoidable tool that people surf on it daily. Due to the convenience and the diversity functions of the Internet, and fast booming of otaku economy, online purchasing has become more and more popular for consumers. The Internet is boundless, and online purchasing has brought positive effect as convenience, but also negative effect such as online shopping failure and poor quality of online products; therefore, it is important to understand the reasons and influences for online shopping failure. Comprehend the causes and effects of online shopping service failure, and its influence are definitely necessary. Past research were focused on customers’ dissatisfaction caused by different service failure types. This study not only investigates the influence from different service failure types but also adds two variables of consumer types and obligation types. The study investigates the difference of consumers complaining behaviors that caused by the impact of these two variables on dissatisfaction. The study uses between-subjects factorial design and scenario manipulation to illustrate cause and effect of customers’ dissatisfaction.
This study adopts a 2 (service failure types: process failure vs. outcome failure) ×2 (consumer types: communal type vs. exchange type) ×2 (obligation types: self-obligation vs. social obligation) between-subjects factorial design to examine whether consumer types and obligation types will influence customers’ complaining behaviors.
The study chooses subjects with online shopping experiences, and to control the homogeneity of the subjects, we choose university students as experimental subjects. We use SPSS software and ANOVA statistical analysis to examine the effects of variables.
The empirical results of this study indicate that (1) the main effects of service failure types have significant impacts on consumer’s dissatisfaction and complaining behaviors; (2) consumer types have significant impacts on dissatisfaction and switch, and have no significant difference in feelings of betrayal, voice, and negative word-of-mouth; (3) obligation types have significant impacts on consumer’s dissatisfaction, feelings of betrayal, voice, and make no significant difference in negative word-of-mouth and switch; (4) the results implied that if under service outcome failure context, then social-obligation types consumers are more likely to have negative reactions, such as dissatisfaction, feelings of betrayal, voice; (5) the results implied that under service outcome failure context, the interaction effect of different consumer types (communal type vs. exchange type) and different obligation types (self-obligation vs. social obligation) make no significant difference in customers dissatisfaction and complaining behaviors. In addition, the interaction effect of different service failure types (process vs. outcome), different consumer types (communal type vs. exchange type) and different obligation types (self-obligation vs. social obligation) make no significant difference in customer’s dissatisfaction and complaining behaviors.
Books on the topic "The failure to fulfill an obligation"
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Family leadership (qawamah): An obligation to fulfill not an excuse to abuse. Amana Publications, 2009.
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Scanlon, T. M. Equal Concern. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198812692.003.0002.
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Inequality can be objectionable because it results from an agent providing a higher level of a benefit to some people than to others to whom it owes the same obligation to provide this benefit. Although this objection to inequality presupposes an obligation on the part of an agent to provide a benefit to members of a group, it remains an essentially comparative objection, an objection to unequal responsiveness to the obligation rather than simply to a failure to fulfill this obligation. This requirement of equal concern is neither empty nor irrational, as some critics have charged.
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Dagger, Richard. Playing Fair. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780199388837.001.0001.
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Is there a general obligation to obey the laws of a reasonably just polity? Is there any justification for imposing suffering, in the form of punishment, on those who break the law? Political and legal philosophers have long debated these vexing questions, but the debates typically have taken up each question in isolation. Playing Fair, however, treats the two questions as intertwined and provides affirmative answers to both—answers grounded, in both cases, in the principle of fair play. According to this principle, those who are engaged in a mutually beneficial cooperative practice or enterprise have a duty to the cooperating participants to bear a fair share of the burdens of the practice. Applied to the political order, the principle holds that a reasonably just polity is a cooperative enterprise whose members receive benefits from the rule of law only because other members obey the law even when they find obedience burdensome. The members of a reasonably just polity thus have a political obligation, understood as a defeasible moral duty to obey the law, to one another. Those who break the laws fail to fulfill this obligation, and their failure justifies the law-abiding members, acting through the proper authorities, in punishing the lawbreakers. Rather than two separate problems, then, political obligation and punishment are two aspects of the same fundamental concern for sustaining a polity that its members can reasonably regard as a cooperative enterprise under the rule of law.
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John E, Stannard. Part II Performance of the Obligation, 5 Excuses for Failure to Perform on Time. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198792321.003.0005.
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John E, Stannard. Part II Performance of the Obligation, 6 The Effect of Failure to Perform on Time. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198792321.003.0006.
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Sher, George. Global Norming. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190660413.003.0012.
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This chapter addresses the dilemma that faculty members face when their obligation to help their students get jobs conflicts with their obligation to tell the truth about those students. To this dilemma, it can be replied either that (1) anyone who now must either violate his duty of veracity or fail to fulfill his obligation to a student must previously have created the problem by doing something he shouldn’t, or that (2) our obligations to our students never require that we distort the truth or omit important facts, or that (3) we owe our students plenty of distorting and omitting, but doing these things in letters of recommendation is not wrong. Some problems with each approach are discussed, and examples of both truthful and less than truthful letters are provided.
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Sweet, Alec Stone, and Clare Ryan. Introduction and Overview. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198825340.003.0001.
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This introductory chapter defines the concept of a cosmopolitan legal order (CLO), and provides a summary overview of the book. A CLO is a transnational legal system in which justiciable rights are held by individuals, all public officials bear the obligation to fulfill the fundamental rights of every person within their jurisdiction, and domestic and transnational judges supervise how officials do so. In Europe, such an order emerged as a product of the combined effects of Protocol no. 11 (1998) of the European Convention on Human Rights (ECHR), and the incorporation of the Convention into national law. The book explicates the European CLO in light of Kantian constitutional theory, which is applied to the law and politics of the ECHR regime.
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Herzog, Lisa. Can incomes in financial markets be deserved? A justice-based critique. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198755661.003.0005.
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This chapter explores whether the notion of desert can be applied to labor incomes earned in financial markets, a claim sometimes made in order to justify the extraordinarily high labor incomes generated there. It draws on the philosophical debate about desert in order to defend an institutional notion of desert that is related to the justice of institutions, and argues that it can be applied to markets, but does not exclude redistributive taxation. To apply this notion to markets, however, markets have to fulfill a certain role within a broader set of just institutions. The chapter therefore asks whether today’s financial markets fulfill this role, and argues that problems of market failure and of social dysfunctionality undermine the idea that incomes generated in today’s financial markets could be called deserved, even on a modest, institutional notion of desert.
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Cabrera, Luis. Reform, Resist, Create. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780190905651.003.0006.
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While there have been numerous recent analyses of the legitimacy of suprastate governance institutions such as the World Trade Organization (WTO) or United Nations Security Council, few accounts have considered individual duties in relation to those institutions, broadly analogous to suprastate political obligation. Identified in this chapter are three categories of duties that should be salient to a range of institutions. These include duties to support their reform, to resist specific institutional features or practices, and to reject the continued operation of some institutions and support the creation of alternate ones. These duties would correspond roughly to how well an institution would appear to fit into a global institutional scheme that actually would fulfill cosmopolitan aims for rights promotion and protections and related global moral goods. An implication is that the current global system itself is a candidate for rejection, given its inherent tendencies toward the gross underfulfillment of individual rights.
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Hart, Daniel, and James Youniss. Education for Citizenship. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780190641481.003.0004.
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Schools are historically viewed as the institution responsible for inculcating civic virtue. Surprisingly, there is little research to indicate that traditional civics education substantially increases civics knowledge, interest in politics, or later political participation. We explore reasons for the failure of traditional civics education to fulfill its aims, identify steps necessary to improve civics education in schools, and argue that effective civics education must be extended beyond the walls of school buildings to incorporate community institutions. We conclude with a consideration of how notions of citizenship have evolved historically, and consider the implications of these transformations for understanding young Americans.
Book chapters on the topic "The failure to fulfill an obligation"
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Latimer, Paul, and Philipp Maume. "The Failure of Industry Licensing to Keep the Market Informed: Obligation to Provide Financial Services ‘Efficiently, Honestly and Fairly’." In Promoting Information in the Marketplace for Financial Services. Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-09459-5_5.
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Schwenkenbecher, Anne. "Antimicrobial Footprints, Fairness, and Collective Harm." In Ethics and Drug Resistance: Collective Responsibility for Global Public Health. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-27874-8_23.
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Abstract This chapter explores the question of whether or not individual agents are under a moral obligation to reduce their ‘antimicrobial footprint’. An agent’s antimicrobial footprint measures the extent to which her actions are causally linked to the use of antibiotics. As such, it is not necessarily a measure of her contribution to antimicrobial resistance. Talking about people’s antimicrobial footprint in a way we talk about our carbon footprint may be helpful for drawing attention to the global effects of individual behaviour and for highlighting that our choices can collectively make a real difference. But can we be morally obligated to make a contribution to resolving a collective action problem when our individual contributions by themselves make no discernible difference? I will focus on two lines of argument in favour of such obligations: whether a failure to reduce one’s antimicrobial footprint is unfair and whether it constitutes wrongdoing because it is harmful. I conclude by suggesting that the argument from collective harm is ultimately more successful.
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Gilbert, Gwendolyn L., and Ian Kerridge. "Hospital Infection Prevention and Control (IPC) and Antimicrobial Stewardship (AMS): Dual Strategies to Reduce Antibiotic Resistance (ABR) in Hospitals." In Ethics and Drug Resistance: Collective Responsibility for Global Public Health. Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-27874-8_6.
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Abstract In this chapter we review the development of hospital infection prevention and control (IPC) since the nineteenth century and its increasingly important role in reducing the spread of antibiotic resistance (ABR). Excessive rates of hospital-acquired infection (HAI) fell dramatically, towards the end of the nineteenth century, because of improved hygiene and surgical antisepsis, but treatment remained rudimentary until effective antibiotics became widely available in the mid-twentieth century. While antibiotics had profound clinical benefits, their widespread appropriate and inappropriate use in humans and animals inevitably led to the emergence of antibiotic resistance (ABR). Within 50 years, this could no longer be offset by a reliable supply of new drugs, which slowed to a trickle in the 1980s. In hospitals, particularly, high rates of (often unnecessary) antibiotic use and ABR are exacerbated by person-to-person transmission of multi-drug resistant organisms (MDRO), which have, so far, largely resisted the introduction of antimicrobial stewardship (AMS) programs and repeated campaigns to improve infection prevention and control (IPC). Despite clear evidence of efficacy in research settings, both AMS and IPC programs are often ineffective, in practice, because of, inter alia, insufficient resourcing, poor implementation, lack of ongoing evaluation and failure to consult frontline staff. In this chapter we review reasons for the relatively low priority given to preventive programs despite the ethical obligation of healthcare organisations to protect current and future patients from preventable harm. The imminent threat of untreatable infections may provide an impetus for a shared organisational and professional commitment to promoting the cultural and behavioural changes needed to successfully reduce the burdens of ABR and drug-resistant HAIs.
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Cha, Yoon Sook. "Unfinished Obligation." In Decreation and the Ethical Bind. Fordham University Press, 2017. http://dx.doi.org/10.5422/fordham/9780823275250.003.0005.
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This chapter, a comparative reading of Venise sauvée and Maurice Blanchot’s La Folie du jour, looks at obligation as the occasion and structure of a binding that produces a demand to speak and to be accountable for one’s speech. In the insistence that one “tell” what happened is already the slippage from giving an account to an accounting that exceeds one’s capacity to meet it. The obligation is infinite while the object is not, according to Simone Weil. And the obligation being infinite, can the one obligated, in his finitude, answer its demands? In the specific economy of obligation, in its unending demand against the limited capacity to fulfill it, it seems one is faced with failure, expressed here in the economy of unmet sleep and a debt that is the constant reminder of being outbid by the other’s claim upon oneself.
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O’Brien, Justin. "Professional Obligation, Ethical Awareness, and Capital Market Regulation." In Capital Failure. Oxford University Press, 2014. http://dx.doi.org/10.1093/acprof:oso/9780198712220.003.0010.
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Mansbridge, Jane. "Representation Failure." In Democratic Failure. NYU Press, 2020. http://dx.doi.org/10.18574/nyu/9781479804788.003.0005.
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Democracy has failure built into its DNA. The ideals of which it is composed are almost all aspirational, meaning that they cannot be met fully, partly because their full pursuit would conflict with other ideals in the package we mean when we ask what ought to be entailed when the people rule. The obligation involved in pursuing these ideals is therefore not to meet them, but to strive toward them, recognizing the impossibility of their full attainment and making the best accommodations one can to the conflicts with other ideals that arise in the process of that striving. In this process, pursuing the most direct path to the ideal may allow one to capture less of what is important about its meaning than letting the ideal inform democratic practices indirectly. Representation, for example, is on its face antithetical to the democratic ideal of giving a law to oneself. Yet without adopting direct democracy it is possible to capture the shards, threads, and intimations of the ideal of autonomy in certain practices of representation in the elected, administrative, and societal realms. Those practices include “recursive representation,” or mutually responsive, communication between constituent and representative, itself an aspirational ideal.
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"The Fallacious Argument from the Failure of Political Obligation." In Three Anarchical Fallacies. Cambridge University Press, 1998. http://dx.doi.org/10.1017/cbo9780511663741.002.
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Hamza, Sourour, and Anis Jarboui. "CSR: A Moral Obligation or a Strategic Behavior?" In Corporate Social Responsibility [Working Title]. IntechOpen, 2020. http://dx.doi.org/10.5772/intechopen.94471.
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The CSR concept has grown tremendously in importance and significance. Firms have become more and more motivated to become socially responsible. The CSR initiatives have often been considered as driven by the moral imperative to undertake activities that are good for society and that enable the individual to act as a good corporate citizen. However, because of recent scandals, the concept of strategic CSR has been developed. Researchers have discussed the idea of CSR as a strategic behavior and denoted that such concept could be strategically involved. As the moral motive views CSR as a moral obligation (duty), the strategic motive holds that CSR contributes to the firm’s long-term benefits. The literature distinguishes between two main CSR strategies: Symbolic and substantive. While the substantive CSR involves actual and real changes implying tangible activities using the firm’s resources, the symbolic CSR refers to social or environmental initiatives that a firm undertakes within an impression management context to show ceremonial conformity and appear to fulfill society’s expectations without costs or changes in the business processes. Indeed, the Greenwashing concept is often used to indicate the divergence between symbolic (talk) and substantive (walk) actions.
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Collier, Richard S. "The Closure of Cum-Ex and the Aftermath." In Banking on Failure. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198859673.003.0005.
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This chapter deals with the closing of the cum-ex trade in Germany from 2012 and its aftermath. It explains how the trade came to be challenged and ultimately (after various failed attempts) successfully defeated by the authorities by means of a fundamental—yet simple—modification of the rules governing the obligation to apply dividend withholding tax. It then outlines the ongoing response to the cum-ex trade by the German tax authorities and its impact. The chapter also deals with the other aspects of the fallout from the cum-ex trade, including the German parliamentary enquiry into the trade and the impact on so-called ‘cum-cum’ trades. Besides the actions within Germany, there have also been developments in other countries, and the chapter considers these with reference to Austria and Denmark. The chapter ends by considering possible future developments, predicting that it will be years before the full effects of the cum-ex affair are finally clear.
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Mohamed, Hasan Al-Banna, Mahazan Abdul Mutalib, Burhanuddin Jalal, Redwan Yasin, and Rosmah Mohamed. "Roles, Principles, Requirements, and Characteristics of Islamic Spirituality in Leadership." In Advances in Logistics, Operations, and Management Science. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-6892-7.ch001.
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Leadership, according to Islamic views, is highly emphasized and the responsibility to preserve it is entrusted to every Muslim's individual. Based on this understanding, an Islamic leader should manage the governance wisely and safeguard the given trust by keeping himself from being trapped in transgression actions and always consistent to fulfil his obligations. This includes inviting his subordinates towards performing good actions and contributing to social welfare. This is because the failure of an organisation or society is determined by its leadership quality. Hence, this chapter focuses to discuss the concept of spiritual leadership according to Islamic views, roles of leaders, basic principles and requirements of leadership, and characteristics of leadership that can be learned from the teachings of Islam. In addition, explanations on the effects of spiritual leadership towards faith, politics, society, and economy are also discussed. Overall, this chapter is expected to provide a new perspective on the issue of Islamic leadership in this current era.
Conference papers on the topic "The failure to fulfill an obligation"
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Pontual, Murillo, Keith Irwin, Omar Chowdhury, William H. Winsborough, and Ting Yu. "Failure Feedback for User Obligation Systems." In 2010 IEEE Second International Conference on Social Computing (SocialCom). IEEE, 2010. http://dx.doi.org/10.1109/socialcom.2010.111.
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Diah, Ahyar Muhammad, and Hasiara La Ode. "Factors Influencing Tax Payer Compliance to Fulfill the Obligation to Pay Tax in Samarinda Municipality." In Proceedings of the International Conference On Applied Science and Technology 2019 - Social Sciences Track (iCASTSS 2019). Atlantis Press, 2019. http://dx.doi.org/10.2991/icastss-19.2019.84.
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Sarwanto, P. "“PIRAMIDA TINGGI, A State of the Art to Fulfill Obligation of Forestry Permit on Watershed Rehabilitation at PT Pertamina Hulu Mahakam”." In Digital Technical Conference. Indonesian Petroleum Association, 2020. http://dx.doi.org/10.29118/ipa20-g-263.
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Among other obligations imposed under the forestry permit, watershed rehabilitation planting is perceived by the upstream oil and gas sector as the most complex challenge to conquer. Despite its poor track in fulfilling timeline and required result, there are also other challenges to consider, for instance lack of critical location, weather, fire, land tenure, community habit and capability, and cost optimization. In attempt to respond these challenges, an innovation in management system is constructed at PT Pertamina Hulu Mahakam, embracing and tailoring all related challenges, difficulties, and complexities, escalating the activity to be beyond compliance. So that it will be able to deliver more than merely avoid the identified potential risks towards company. The management system, called PIRAMIDA TINGGI (Pemberdayaan Masyarakat untuk Melestarikan Hutan di Dunia demi Ketahanan Energi Nasional), actively involves government, community, and business sector as equilateral triangle that work together to perform watershed rehabilitation planting. Developed using ISO 9001:2015 process approach namely PDCA (Plan-Do-Check-Act), the PIRAMIDA TINGGI system is in line as well with NAWACITA (President Joko Widodo’s vision, mission and program). To encounter other issue found during field work, this system is equipped as well with another innovation tool named PARIDA, a geospatial mobile-desk top-web application that easily able to map and identify vegetation in real time for further geo-analyzing multi-purposes, to be operated by local community. Full set implementation of this system has benefitted all parties. To Company in form of significant cost efficiency around 13.9 MUSD and 7 days’ faster result delivery besides obligation fulfillment, for others in form of broader advantage of proven sustainability project that has gave contribution to 5P (People, Planet, Prosperity, Partnership and Peace), objectives required by UN Sustainable Development Goals 2030.
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Sarwanto, P. "“PIRAMIDA TINGGI, A State of the Art to Fulfill Obligation of Forestry Permit on Watershed Rehabilitation at PT Pertamina Hulu Mahakam”." In Digital Technical Conference. Indonesian Petroleum Association, 2020. http://dx.doi.org/10.29118/ipa20-o-263.
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Among other obligations imposed under the forestry permit, watershed rehabilitation planting is perceived by the upstream oil and gas sector as the most complex challenge to conquer. Despite its poor track in fulfilling timeline and required result, there are also other challenges to consider, for instance lack of critical location, weather, fire, land tenure, community habit and capability, and cost optimization. In attempt to respond these challenges, an innovation in management system is constructed at PT Pertamina Hulu Mahakam, embracing and tailoring all related challenges, difficulties, and complexities, escalating the activity to be beyond compliance. So that it will be able to deliver more than merely avoid the identified potential risks towards company. The management system, called PIRAMIDA TINGGI (Pemberdayaan Masyarakat untuk Melestarikan Hutan di Dunia demi Ketahanan Energi Nasional), actively involves government, community, and business sector as equilateral triangle that work together to perform watershed rehabilitation planting. Developed using ISO 9001:2015 process approach namely PDCA (Plan-Do-Check-Act), the PIRAMIDA TINGGI system is in line as well with NAWACITA (President Joko Widodo’s vision, mission and program). To encounter other issue found during field work, this system is equipped as well with another innovation tool named PARIDA, a geospatial mobile-desk top-web application that easily able to map and identify vegetation in real time for further geo-analyzing multi-purposes, to be operated by local community. Full set implementation of this system has benefitted all parties. To Company in form of significant cost efficiency around 13.9 MUSD and 7 days’ faster result delivery besides obligation fulfillment, for others in form of broader advantage of proven sustainability project that has gave contribution to 5P (People, Planet, Prosperity, Partnership and Peace), objectives required by UN Sustainable Development Goals 2030.
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Schmidt, Christian, Stephen T. Kelly, and Ingrid De Wolf. "Use of 3D X-Ray Microscopy for BEOL and Advanced Packaging Failure Analysis." In ISTFA 2017. ASM International, 2017. http://dx.doi.org/10.31399/asm.cp.istfa2017p0489.
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Abstract With the growing complexity and interconnect density of modern semiconductor packages, package level FA is also facing new challenges and requirements. 3D X-Ray Microscopy (XRM) is considered a key method to fulfill these requirements and enable high success FA yield. After a short introduction into the basic principles of lab-based X-Ray tomography, 2 different approaches of X-Ray investigations are discussed and an integration into the daily FA flow is proposed. In the first example, fault isolation on a fully packaged device is demonstrated using a stacked die device. In the second example, a newly developed sample preparation flow in combination with Nanoscale 3D X-Ray Microscopy for Chip-Package-Interaction and Back-end-of-line feature imaging is introduced.
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Lee, S. H., Y. W. Lee, K. T. Lee, et al. "Case Study: Failure Analysis of Functional Shmoo Hole with Laser Voltage Probing." In ISTFA 2009. ASM International, 2009. http://dx.doi.org/10.31399/asm.cp.istfa2009p0193.
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Abstract Innovations in semiconductor fabrication processes have driven process shrinks partly to fulfill the need for low power, system-on-chip (SOC) devices. As the process is innovated, it influences the related design debug and failure analysis which have gone through many changes. Historically for signal probing, engineers analyzed signals from metal layers by using e-beam probing methods [1]. But due to the increased number of metal layers and the introduction of flip chip packages, new signal probing systems were developed which used time resolved photon emission (TRE) to measure signals through the backside. However, as the fabrication process technology continues to shrink, the operating voltage drops as well. When the operating voltage drops below 1.0V, signal probing systems using TRE find it harder to detect the signals [2]. Fortunately, Laser Voltage Probing (LVP) technology [3] is capable of probing beyond this limitation of TRE. In this paper, we used an LVP system to analyze and identify a functional shmoo hole failure. We also proposed the design change to prevent its reoccurrence.
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Hrnčíř, T., F. Lopour, M. Zadražil, A. Delobbe, O. Salord, and P. Sudraud. "Novel Plasma FIB/SEM for High Speed Failure Analysis and Real Time Imaging of Large Volume Removal." In ISTFA 2012. ASM International, 2012. http://dx.doi.org/10.31399/asm.cp.istfa2012p0026.
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Abstract The standard Ga focused ion beam (FIB) technology is facing challenges because of a request for large volume removal. This is true in the field of failure analysis. This article presents the first combined tool which can fulfill this requirement. This tool offers the combination of a high resolution scanning electron microscope (SEM) and a high current FIB with Xe plasma ion source. The article focuses on failure analysis examples and discusses the different steps of extra large cross sections (deposition of protective layer, rough milling, and polishing). Several applications of the novel Xe plasma FIB/SEM instrument are shown with respect to the failure analysis. The performance of the instrument is tested and discussed in comparison to gallium liquid metal ion source FIB systems. Results show that the Xe plasma FIB offers much higher milling rate, greatly reducing the time necessary for many failure analysis tasks.
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Cambos, Philippe, and Guy Parmentier. "Statistical Method to Requalify Steel Grades During Conversion of Tankers to FPSO." In ASME 2016 35th International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/omae2016-54325.
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During ship life, operating conditions may change, tanker may be converted into FPSO, and flag requirements may be modified. Generally these modifications have few impacts on existing structures; flag requirements only rarely are to be applied retroactively. Nevertheless in some cases modifications of operating condition may induce considerable consequences, making in the worst cases impossible any reengineering. For example converting a common tanker, built with plain steel of grade A into an Offshore Floating Unit able operating in cold region, may require a grade change corresponding to a grade B. It is obviously meaningless to replace all material just because material certificates. Steels used by shipyards have to fulfill Classification society’s requirements dealing with mechanical strength; generally shipbuilding corresponds to a small part of steelmaker’s production. For this reason steelmakers are reluctant to produce steels with mechanical properties corresponding exactly to the minima required. They generally deliver steels already in stock, with higher mechanical characteristics than required. In this case it can be taken advantage of this common practice. In order to demonstrate that the material fulfill the requirements of grade B it has been decided to adopt a statistic approach. At this stage there are two main issues, the first one is that it is needed to provide evidences that the actual material Charpy V characteristics fulfill the requirements of grade B; the second one is to provide these evidences with a minimum testing. To assess this assumption a random check has been carried out. Different probabilistic model have been tested in order to check common approaches and probabilistic model based on physical considerations. In the paper the main assumptions for estimating the minimum Charpy value main assumption in the probabilistic models are recalled, the behavior of empirical sample is examined, the parameters of probability laws fitting the empirical distribution and definitely as accuracy of probability law parameters determination is not perfect with a finite number of specimens the uncertainty in the determination of parameters is taken into account with confidence limits. According to the selected probabilistic model the minimum value corresponds to an acceptable probability of failure, taking into account the target confidence level, or is independent of any acceptable probability of failure and is defined with the same confidence level. At the end it is concluded that a random check with a data treatment assuming a random distribution of Charpy V test results distributed according to a Weibull probability law of the minimum allows providing evidences that with a sufficient confidence level the steel used for the considered structure fulfill the requirements of the new operating conditions.
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Mat Soom, E., M. K. Abu Husain, N. I. Mohd Zaki, N. U. Azman, and G. Najafian. "Reliability-Based Design and Assessment for Lifetime Extension of Ageing Offshore Structures." In ASME 2016 35th International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/omae2016-54206.
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The methodology for Reliability-Based Design and Assessment (RBDA) of an ageing fixed steel offshore structure was established to support detailed re-assessment applied to the management of the structure’s safety, integrity analysis and reliability by evaluating the loading acting on the structure. It is a tool for the high-end analysis of the structure for risk-based design assessment and has been succesfully implemented in the North Sea under Shell operating company. The main purposes of RBDA are to manage a structure’s risk level over its remaining service life and to initiate the cost-efficient inspection or mitigation actions (if required). This method consists of Type I and II uncertainties used to determine the probability of failure for the structure over its remaining service life. However, limited work has been done so far on its application at many different regions, particularly in the South East Asia. Therefore, this paper investigates the robustness of the RBDA methodology applied to fixed offshore structures at shallow waters of Malaysia by considering the native environmental criteria, local authorities’ obligation and company requirements. It is shown that this procedure can efficiently assist in understanding the structure’s failure mechanism and correctly define the relevant type of mitigations required.
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Tso, Pei-Lum, Hsin-Kai Liu, and Cheng-Ho Li. "Experimental Study of Drawing Process With Servo Press." In ASME 2007 International Mechanical Engineering Congress and Exposition. ASMEDC, 2007. http://dx.doi.org/10.1115/imece2007-41692.
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Servo presses providing flexible ram motions are extensively developed nowadays; the merit of such presses is the capability of generating versatile punch motions to fulfill the stamping. This paper studies a cup-shaped drawing process using a servo press. The aim of this research is to study the effect of the forming speed on preventing the cracks and wrinkles in drawing. A finite element method (FEM) software package—ABAQUS®, is utilized to predict the distribution of displacement stress, strain of the work material in drawing. Crack (related to thinning behavior) and wrinkle are two indices of the drawing failure criteria in simulation. An optimal forming speed could be estimated by simulation. The optimal forming speed would cause the maximum limit drawing ratio which is beneficial to prevent drawing failure. The analytical results were verified experimentally. The results show that the predicted drawing speed was consistent with the real experiment and simulation.