Literatura académica sobre el tema "Conditions de validité du contrat"

AbstractThe effectiveness of governance depends on the knowledge upon which decisions are based. Knowledge veracity is particularly significant when future conditions are uncertain. In the context of global climate change, communities around the world, including the residents of Rapa Nui (Easter Island, Chile), face tremendous uncertainty in resource availability. In the context of these looming challenges, prehistoric Rapa Nui is often treated as a warning about human-induced ecological catastrophe. With contemporary populations of the island wrestling about issues of governance, it is vital that researchers carefully validate their knowledge about the island’s past. Despite the claims of traditional narratives, new empirical research on Rapa Nui indicates that the traditional “collapse” narrative has no basis. Instead, the island is now known to have been sustainable from its prehistory until European contact. These findings point to the potential of alternative action models and new governance structures.

AbstractEnergy and fatigue carry important implications for vitality and overall quality of life. Lacking energy and experiencing fatigue can be both burdensome as well as adaptive. This chapter first classifies energy and fatigue and then reviews their measurement. This chapter closes with opportunities for future directions.Energy and fatigue are present under varying conditions including in daily performance, during and after acute physical or mental strain (capacity), and in the context of chronic conditions. Energy and fatigue have been measured both subjectively and objectively. Subjective outcomes can be derived from self-reported scales and prompts; objective outcomes may be derived from performance and capacity tasks and technology-reported physiological, biological, and behavioural markers. The scales and tasks employed to measure energy have been traditionally validated but may lack daily life context and ecological validity. Prompts and behavioural monitoring methods are emerging as promising alternatives.Energy and fatigue have also been routinely monitored for specific diseases and occupations. However, fewer studies monitor healthy individuals through consumer technology in daily life contexts. More research is needed for an objective, unobtrusive, longitudinal, and contextual measurement of energy and fatigue in the healthy general population, in service of improving health, wellbeing, and quality of life.

AbstractResearch conducted during epidemics may warrant adaptations or adaptive designs owing to practical constraints, time pressures, uncertainty, the importance of flexibility, and the potential for research to detract from epidemic response. Adapting research entails choosing different research designs or methods if research goals, contexts or constraints justify or require a different approach. Adaptive research, by contrast, is a type of research that prospectively plans for modifications after research has been initiated, while maintaining the validity and integrity of the research. While adaptation and adaptive designs introduce an important degree of flexibility to research conducted during epidemics and help to address research objectives and constraints, adaptation and adaptive designs require close ethical scrutiny and are no different from other research in that they are expected to align with universally accepted ethical standards. Important ethical questions exist regarding the conditions that justify adaptations to research, the kinds of adaptive research designs that can be ethically justified, and how ethics review bodies ought to evaluate such novel approaches to research in epidemic contexts. The five cases included in this chapter prompt reflection on the ethical considerations and implications of adapting research in response to epidemic-related risks and the public health measures deployed in response to those risks, as well as the ethical implications of not adapting research in such contexts. These cases also highlight ethical questions and issues arising during the conduct of adaptive trials, including when treatments under study, treatment doses, sample size, and other study features are reviewed in response to evolving evidence. This chapter invites reflection on these key ethical dimensions when considering adaptive designs and adaptations to standard research procedures during epidemics. What these cases make clear is that adaptive designs and adaptations to research do not reduce the need for rigorous scientific evaluation and adherence to universal ethical standards, and must be explicitly ethically justified and reviewed through transparent and inclusive processes.

AbstractGender equality is an increasingly topical issue, but it has deep historical roots. The principle of gender equality found its legitimacy, even if limited to salary, in the 1957 Treaty of Rome, establishing the European Economic Community (EEC). This treaty, in Article 119, sanctioned the principle of equal pay between male and female workers. The EEC continued to protect women’s rights in the 1970s through equal opportunity policies. These policies referred, first, to the principle of equal treatment between men and women regarding education, access to work, professional promotion, and working conditions (Directive 75/117/EEC); second, to the principle of equal pay for male and female workers (Directive 76/207/EEC); and finally, enshrined the principle of equal treatment between men and women in matters of social security (Directive 79/7/EEC). Since the 1980s, several positive action programmes have been developed to support the role of women in European society. Between 1982 and 2000, four multiyear action programmes were implemented for equal opportunities. The first action programme (1982–1985) called on the Member States, through recommendations and resolutions by the Commission, to disseminate greater knowledge of the types of careers available to women, encourage the presence of women in decision-making areas, and take measures to reconcile family and working life. The second action programme (1986–1990) proposed interventions related to the employment of women in activities related to new technologies and interventions in favour of the equal distribution of professional, family, and social responsibilities (Sarcina, 2010). The third action programme (1991–1995) provided an improvement in the condition of women in society by raising public awareness of gender equality, the image of women in mass media, and the participation of women in the decision-making process at all levels in all areas of society. The fourth action programme (1996–2000) strengthened the existing regulatory framework and focused on the principle of gender mainstreaming, a strategy that involves bringing the gender dimension into all community policies, which requires all actors in the political process to adopt a gender perspective. The strategy of gender mainstreaming has several benefits: it places women and men at the heart of policies, involves both sexes in the policymaking process, leads to better governance, makes gender equality issues visible in mainstream society, and, finally, considers the diversity among women and men. Among the relevant interventions of the 1990s, it is necessary to recall the Treaty of Maastricht (1992) which guaranteed the protection of women in the Agreement on Social Policy signed by all Member States (except for Great Britain), and the Treaty of Amsterdam (1997), which formally recognised gender mainstreaming. The Treaty of Amsterdam includes gender equality among the objectives of the European Union (Article 2) and equal opportunity policies among the activities of the European Commission (Article 3). Article 13 introduces the principle of non-discrimination based on gender, race, ethnicity, religion, or handicaps. Finally, Article 141 amends Article 119 of the EEC on equal treatment between men and women in the workplace. The Charter of Fundamental Rights of the Nice Union of 2000 reaffirms the prohibition of ‘any discrimination based on any ground such as sex’ (Art. 21.1). The Charter of Fundamental Rights of the European Union also recognises, in Article 23, the principle of equality between women and men in all areas, including employment, work, and pay. Another important intervention of the 2000s is the Lisbon strategy, also known as the Lisbon Agenda or Lisbon Process. It is a reform programme approved in Lisbon by the heads of state and governments of the member countries of the EU. The goal of the Lisbon strategy was to make the EU the most competitive and dynamic knowledge-based economy by 2010. To achieve this goal, the strategy defines fields in which action is needed, including equal opportunities for female work. Another treaty that must be mentioned is that of Lisbon in 2009, thanks to which previous treaties, specifically the Treaty of Maastricht and the Treaty of Rome, were amended and brought together in a single document: the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union (TFEU). Thanks to the Lisbon Treaty, the Charter of Fundamental Rights has assumed a legally binding character (Article 6, paragraph 1 of the TEU) both for European institutions and for Member States when implementing EU law. The Treaty of Lisbon affirms the principle of equality between men and women several times in the text and places it among the values and objectives of the union (Articles 2 and 3 of the TEU). Furthermore, the Treaty, in Art. 8 of the TFEU, states that the Union’s actions are aimed at eliminating inequalities, as well as promoting equality between men and women, while Article 10 of the TFEU provides that the Union aims to ‘combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation’. Concerning the principle of gender equality in the workplace, the Treaty, in Article 153 of the TFEU, asserts that the Union pursues the objective of equality between men and women regarding labour market opportunities and treatment at work. On the other hand, Article 157 of the TFEU confirms the principle of equal pay for male and female workers ‘for equal work or work of equal value’. On these issues, through ordinary procedures, the European Parliament and the Council may adopt appropriate measures aimed at defending the principle of equal opportunities and equal treatment for men and women. The Lisbon Treaty also includes provisions relating to the fight against trafficking in human beings, particularly women and children (Article 79 of the TFEU), the problem of domestic violence against women (Article 8 of the TFEU), and the right to paid maternity leave (Article 33). Among the important documents concerning gender equality is the Roadmap (2006–2010). In 2006, the European Commission proposed the Roadmap for equality between women and men, in addition to the priorities on the agenda, the objectives, and tools necessary to achieve full gender equality. The Roadmap defines six priority areas, each of which is associated with a set of objectives and actions that makes it easier to achieve them. The priorities include equal economic independence for women and men, reconciliation of private and professional life, equal representation in the decision-making process, eradication of all forms of gender-based violence, elimination of stereotypes related to gender, and promotion of gender equality in external and development policies. The Commission took charge of the commitments included in the Roadmap, which were indirectly implemented by the Member States through the principle of subsidiarity and the competencies provided for in the Treaties (Gottardi, 2013). The 2006–2010 strategy of the European Commission is based on a dual approach: on the one hand, the integration of the gender dimension in all community policies and actions (gender mainstreaming), and on the other, the implementation of specific measures in favour of women aimed at eliminating inequalities. In 2006, the European Council approved the European Pact for Gender Equality which originated from the Roadmap. The European Pact for Gender Equality identified three macro areas of intervention: measures to close gender gaps and combat gender stereotypes in the labour market, measures to promote a better work–life balance for both women and men, and measures to strengthen governance through the integration of the gender perspective into all policies. In 2006, Directive 2006/54/EC of the European Parliament and Council regulated equal opportunities and equal treatment between male and female workers. Specifically, the Directive aims to implement the principle of equal treatment related to access to employment, professional training, and promotion; working conditions, including pay; and occupational social security approaches. On 21 September 2010, the European Commission adopted a new strategy to ensure equality between women and men (2010–2015). This new strategy is based on the experience of Roadmap (2006–2010) and resumes the priority areas identified by the Women’s Charter: equal economic independence, equal pay, equality in decision-making, the eradication of all forms of violence against women, and the promotion of gender equality and women’s empowerment beyond the union. The 2010–2015 Strategic Plan aims to improve the position of women in the labour market, but also in society, both within the EU and beyond its borders. The new strategy affirms the principle that gender equality is essential to supporting the economic growth and sustainable development of each country. In 2010, the validity of the Lisbon Strategy ended, the objectives of which were only partially achieved due to the economic crisis. To overcome this crisis, the Commission proposed a new strategy called Europe 2020, in March 2010. The main aim of this strategy is to ensure that the EU’s economic recovery is accompanied by a series of reforms that will increase growth and job creation by 2020. Specifically, Europe’s 2020 strategy must support smart, sustainable, and inclusive growth. To this end, the EU has established five goals to be achieved by 2020 and has articulated the different types of growth (smart, sustainable, and inclusive) in seven flagship initiatives. Among the latter, the initiative ‘an agenda for new skills and jobs’, in the context of inclusive growth, is the one most closely linked to gender policies and equal opportunities; in fact, it substantially aims to increase employment rates for women, young, and elderly people. The strategic plan for 2010–2015 was followed by a strategic commitment in favour of gender equality 2016–2019, which again emphasises the five priority areas defined by the previous plan. Strategic commitment, which contributes to the European Pact for Gender Equality (2011–2020), identifies the key actions necessary to achieve objectives for each priority area. In March 2020, the Commission presented a new strategic plan for equality between women and men for 2020–2025. This strategy defines a series of political objectives and key actions aimed at achieving a ‘union of equality’ by 2025. The main objectives are to put an end to gender-based violence and combat sexist stereotypes, ensure equal opportunities in the labour market and equal participation in all sectors of the economy and political life, solve the problem of the pay and pension gap, and achieve gender equality in decision-making and politics. From the summary of the regulatory framework presented, for the European Economic Community first, then for the European Community, and finally for the European Union, gender equality has always been a fundamental value. Interest in the issues of the condition of women and equal opportunities has grown over time and during the process of European integration, moving from a perspective aimed at improving the working conditions of women to a new dimension to improve the life of the woman as a person, trying to protect her not only professionally but also socially, and in general in all those areas in which gender inequality may occur. The approach is extensive and based on legislation, the integration of the gender dimension into all policies, and specific measures in favour of women. From the non-exhaustive list of the various legislative interventions, it is possible to note a continuous repetition of the same thematic priorities which highlights, on the one hand, the poor results achieved by the implementation of the policies, but, on the other hand, the Commission’s willingness to pursue the path initially taken. Among the achievements in the field of gender equality obtained by the EU, there is certainly an increase in the number of women in the labour market and the acquisition of better education and training. Despite progress, gender inequalities have persisted. Even though women surpass men in terms of educational attainment, gender gaps still exist in employment, entrepreneurship, and public life (OECD, 2017). For example, in the labour market, women continue to be overrepresented in the lowest-paid sectors and underrepresented in top positions (according to the data released in the main companies of the European Union, women represent only 8% of CEOs).

Abstract The previous chapter examined the conditions under which the parties to an international transaction may express a choice of law or forum. As has been shown, the conditions are set by the law of each national forum, but there is a high degree of consensus as to what those conditions should be. The next question is the efficacy and validity of the choice. Assuming that the law of the forum permits the choice and that the condition of internationality of the transaction and the requirement of a choice of a living national legal system are satisfied, and there are no reasons of public policy or mandatory law in the international sense for the forum to avoid the choice, it may still occur that the choice made by the parties fails.

Abstract This chapter expounds on the validity of the contract. According to the Civil Code’s 1128 article, three conditions are required for a contract to be considered valid. The conditions are as such: the genuine and free consent of the parties, the parties’ capacity to enter the contract, and the lawful and certain content of the contract. Non-fulfilment of the requirements are mostly defects such as duress, fraud, mistakes, party consent, illegality, and uncertainty to the contract’s contents. Additionally, the 2016 reforms primarily codified established principles to improve clarity, certainty, and predictability. Reformed articles showcase notable features such as defects in consent, mistake, and fraudulent non-disclosure.

This chapter examines how English law defines breach of contract and what the immediate effect of breach is on the validity of the contract, along with the obligations of the parties under the contract. It first considers the core principles underlying the law’s approach to defining breach before explaining how the courts assess performance and the consequences of breach, with particular emphasis on cases involving repudiation. It then discusses three types or classes of contractual terms: conditions, warranties, and innominate terms. It also looks at how the law deals with situations of anticipatory breach and concludes with an analysis of the scope and limits of the right of a party to terminate the contract following a repudiatory breach by the other party.

Electronic agreement means an agreement concluded at a distance electronically, using electronic means. However, electronic means are used not only to conclude a contract, but also to negotiate and agree on its content and elements or to effect its implementation and execution. Modern societies are based on an economic system that is mainly based on contracts. In the conditions of development of globalization and digital economy, industry and service activities are focused on the achievements and advantages provided by the information society. However, without trust in electronically concluded

In this paper a conditional Extended Kalman Filter is applied to battery model parameter and state estimations. A decision logic, based on battery input and output data, is designed such that parameter update is stopped when persistent excitation conditions are not met. Persistent excitation conditions are represented by a simpler, easier to implement set of calibrations. Examples, both from desktop simulation, and real world vehicle testing, have been provided to support the validity of this algorithm. The proposed strategy has been successfully deployed in production FHEV/PHEV vehicles.

In the current ASME code procedure for the design of the gasketed bolted joints, the concept of the effective width is introduced to take into account the effect of the non-uniform gasket contact stress distribution. The code fixes a threshold value of the gasket width above which an adjustment of the gasket contact width is introduced. The validity of this threshold has never been verified. Under the normal operating conditions of flanges used with flat gaskets, the definition of this threshold is independent of the bolt load, the average gasket stress, the internal pressure and the flexibili

The assessment of the seismic scrammability, which means the control rod insertability during a seismic event, is one of the most important design tasks for ensuring the seismic safety of nuclear power plants in Japan. This paper discusses the dynamic modeling of the control rod insertion behavior of a boiling water reactor (BWR) during an earthquake. A dynamic model of a control rod insertion system for BWR was developed based on multi-body dynamics. The coupled vibration behavior of the fuel assemblies in the fluid was modeled as an inertial coupling system. The effect of the interaction for

Recently there has been increased interest in developing finite element modeling schemes where the geometry is independent of the mesh and is immersed in a uniform structured background mesh. The main motivation of this approach has been to avoid the difficulties of generating a conforming mesh for complex geometry. For this type of mesh independent analysis, modeling of assemblies, composite microstructures, and interaction at the interfaces is studied. In this paper, we present step boundary method as a well-suited method for applying essential boundary conditions, contact at interfaces as w

The objective of this research is to develop a web-based approach to remote machine condition monitoring and control enabled by Java technologies and based on publish-subscribe design pattern. On top of a Wise-ShopFloor framework (Web-based integrated sensor-driven e-ShopFloor), this system can serve real-time data from bottom up and can function as a constituent component of e-manufacturing, particularly for web-based collaborative manufacturing. It is designed to use the popular client-server architecture, VCM (view-control-model) design pattern, and publish-subscribe design pattern for secu

Condition-based maintenance (CBM) is important to improve production system performance because it is capable to effectively prevent costly equipment failures. However, CBM usually has to stop machines for maintenance during operation and this may severely impede the normal production. This paper establishes a real-time CBM decision making method to minimize the negative impact of CBM stoppage events in a multistage manufacturing system. The method utilizes an event-based analysis method to estimate the permanent production loss resulted from a CBM event. An online control algorithm is introdu

The scope of this paper is to assess the accuracy of the Lattice-Boltzmann/Very Large Eddy Simulation Method to predict the aerodynamics and aeroacoustics of helicopter rotors in strong Blade-Vortex Interaction conditions, and to validate a computational approach to include the effects associated to the rotor blade deflections into the numerical setup. The numerical flow solution is obtained by solving the explicit, transient and compressible Lattice-Boltzmann equation implemented in the high-fidelity CFD/CAA solver Simulia Power FLOW. The acoustic far-field is computed by using the Ffwocs-Wil

A study was completed to demonstrate that a guide vane field refurbishment process and improved maintenance practices are effective at preventing corrosion and lock-up of the guide vanes of Solar�s Taurus 60-7802S gas turbine operated in intermittent duty. A Taurus 60 engine located at Dominion�s Crayne compressor station was refurbished and operated over a five year period using maintenance practices to slow the build-up of corrosion. The visible condition of the VGV assembly on this Test Unit was monitored and the guide vane actuator force measured to assess if corrosion build-up was occurri

This report describes the output of two phases of the research contract on �Effects of Operating Practice on SCC Crack Growth�, GRI-05/8668, submitted to PRCI in August 2002 (Phase I) and in July 2003 (Phase II). The objective of the first phase of the work was to identify, through literature survey, a correlation model that relates the crack growth rate in low-pH or in high-pH environments to the deformation rate of the line pipe steel. The objective of the second phase of the project was to experimentally validate the correlation model(s) identified in Phase I. The ultimate goal of this work

Soil microorganisms interact with one another within soil pores and respond to external conditions such as temperature. Data on microbial community composition and potential function are commonly generated in studies of soils. However, these data do not provide direct insight into the drivers of community composition and can be difficult to interpret outside the context of ecological theory. In this study, we explore the effect of abiotic environmental variation on microbial species diversity. Using a modified version of the Lotka-Volterra Competition Model with temperature-dependent growth ra

Background Early detection and identification of faulty greenhouse operation is essential, if losses are to be minimized by taking immediate corrective actions. Automatic detection and identification would also free the greenhouse manager to tend to his other business. Original objectives The general objective was to develop a method, or methods, for the detection, identification and accommodation of faults in the greenhouse. More specific objectives were as follows: 1. Develop accurate systems models, which will enable the detection of small deviations from normal behavior (of sensors, contro

One of the emerging technologies is the use of microbial agents for the control of postharvest diseases of fruits and vegetables. A number of antagonistic microorganisms have been discovered which have the potential to effectively control postharvest diseases. Some of this technology has been patented and commercial products such as AspireTM (Ecogen Corporatin, Langhorne, PA, USA), Biosave 10TM and Biosave 11TM (Ecoscience Inc., Worchester, MA, USA) have been registered for commercial use. The principal investigator of this project was involved in developing the yeast-based biofungicide-Aspire

Over the past several years, improvements in clamp-on ultrasonic meter technology have caused increased interest in applying this technology within the natural gas industry. Clamp-on ultrasonic meters (CUSMs), which are mounted on the outside of a pipe, send and receive ultrasonic waveforms through the pipe wall. This configuration offers several potential advantages over in-line meters, including portability and the ability to be installed without shutdown and disassembly of the pipeline. CUSMs, like their in-line counterparts, use sophisticated electronics to control the meter operation and

Research objectives were: 1) To study the effect of diet energy density, level of exercise, thermal conditions and reproductive state on cardiovascular function as it relates to oxygen (O2) mobilization. 2) To validate the use of heart rate (HR) to predict energy expenditure (EE) of ruminants, by measuring and calculating the energy balance components at different productive and reproductive states. 3) To validate the use of HR to identify changes in the metabolizable energy (ME) and ME intake (MEI) of grazing ruminants. Background: The development of an effective method for the measurement of

Tillage modifies soil structure, altering conditions for plant growth and transport processes through the soil. However, the resulting loose structure is unstable and susceptible to collapse due to aggregate fragmentation during wetting and drying cycles, and coalescense of moist aggregates by internal capillary forces and external compactive stresses. Presently, limited understanding of these complex processes often leads to consideration of the soil plow layer as a static porous medium. With the purpose of filling some of this knowledge gap, the objectives of this Project were to: 1) Identif

Objectives. To examine the evidence on whether and how healthcare algorithms (including algorithm-informed decision tools) exacerbate, perpetuate, or reduce racial and ethnic disparities in access to healthcare, quality of care, and health outcomes, and examine strategies that mitigate racial and ethnic bias in the development and use of algorithms. Data sources. We searched published and grey literature for relevant studies published between January 2011 and February 2023. Based on expert guidance, we determined that earlier articles are unlikely to reflect current algorithms. We also hand-se

The spatial and temporal characteristics of the internal temperature field of the box-type composite wall have great significance to high temperature mechanical response and fire resistance performance of composite wall subjected to fire. A series of assumptions for the simplified model were made after determining the influence of various thermal parameters, the boundary conditions of surface and the contact conditions. And the finite element software(ABAQUS) was used to establish the temperature field analysis model to conduct nonlinear transient temperature response analysis, then the validi