• 제목/요약/키워드: civil law

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Information as An Object of Legal Regulation in Ukraine

  • Iasechko, Svitlana;Ivanovska, Alla;Gudz, Tetyana;Marchuk, Mykola;Venglinskyi, Oleksandr;Tokar, Alla
    • International Journal of Computer Science & Network Security
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    • 제21권5호
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    • pp.237-242
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    • 2021
  • The article deals with the problematic issues of defining information as an object of private relations. Definitions that they are intangible and non-consumable by nature, are inextricably linked to a specific material carrier are/or secured by the subject that transmits them, messages, and information that have quantitative and qualitative characteristics, and are capable of having a freight or another value, and in case of its illegal usage causing damage and moral harm.

The Challenge of Arbitral Awards in Pakistan

  • Mukhtar, Sohaib;Mastoi, Shafqat Mahmood Khan
    • 한국중재학회지:중재연구
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    • 제27권1호
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    • pp.37-57
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    • 2017
  • An arbitrator in Pakistan is required to file an arbitral award in a civil court of competent jurisdiction for its recognition and enforcement if an arbitral award is domestic or before the concerned High Court if the arbitral award is international. The court of law is required to issue a decree upon submitted arbitral award if an interested party do not apply for modification or remission of an arbitral award and do not challenge it for setting it aside or for revocation of its recognition and enforcement within a prescribed time limit. The challenging process of an arbitral award can be started by the aggrieved party of an arbitration agreement at the seat of arbitration or at the place where recognition and enforcement of an arbitral award is sought. The aggrieved party to an arbitration agreement is required to challenge an arbitral award within a prescribed time limit if contracting parties have not excluded the right to challenge an arbitral award. Limitation for challenging an arbitral award in Pakistan is 30 days under article 158 of the Limitation Act 1908, starting from the date of service of notice of filling of an arbitral award before the court of law. Generally, 90 days are given for an appeal against decision of the civil court of law under section 96 of the Code of Civil Procedure 1908, it is therefore highly recommended that challenging time of an arbitral award should be increased from 30 to 90 days.

Phenomenological Model to Re-proportion the Ambient Cured Geopolymer Compressed Blocks

  • Radhakrishna, Radhakrishna;Madhava, Tirupati Venu;Manjunath, G.S.;Venugopal, K.
    • International Journal of Concrete Structures and Materials
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    • 제7권3호
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    • pp.193-202
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    • 2013
  • Geopolymer mortar compressed blocks were prepared using fly ash, ground granulated blast furnace slag, silica fume and metakaolin as binders and sand/quarry dust/pond ash as fine aggregate. Alkaline solution was used to activate the source materials for synthesizing the geopolymer mortar. Fresh mortar was used to obtain the compressed blocks. The strength development with reference to different parameters was studied. The different parameters considered were fineness of fly ash, binder components, type of fine aggregate, molarity of alkaline solution, age of specimen, fluid-to-binder ratio, binder-to-aggregate ratio, degree of saturation, etc. The compressed blocks were tested for compression at different ages. It was observed that some of the blocks attained considerable strength within 24 h under ambient conditions. The cardinal aim was to analyze the experimental data generated to formulate a phenomenological model to arrive at the combinations of the ingredients to produce geopolymer blocks to meet the strength development desired at the specified age. The strength data was analyzed within the framework of generalized Abrams' law. It was interesting to note that the law was applicable to the analysis of strength development of partially saturated compressed blocks when the degree of saturation was maintained constant. The validity of phenomenological model was examined with an independent set of experimental data. The blocks can replace the traditional masonry blocks with many advantages.

Wind characteristics of Typhoon Dujuan as measured at a 50m guyed mast

  • Law, S.S.;Bu, J.Q.;Zhu, X.Q.;Chan, S.L.
    • Wind and Structures
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    • 제9권5호
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    • pp.387-396
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    • 2006
  • This paper presents the wind characteristics of Typhoon Dujuan as measured at a 50 m guyed mast in Hong Kong. The basic wind speed, wind direction and turbulent intensity are studied at two measurement levels of the structure. The power spectral density of the typhoon is compared with the von Karman prediction, and the coherence between wind speeds at the two measurement levels is found to This paper presents the wind characteristics of Typhoon Dujuan as measured at a 50 m guyed mast in Hong Kong. The basic wind speed, wind direction and turbulent intensity are studied at two measurement levels of the structure. The power spectral density of the typhoon is compared with the von Karman prediction, and the coherence between wind speeds at the two measurement levels is found to compare with Davenport's prediction. The effect of typhoon Dujuan on the response of the structure will be discussed in a companion paper (Law, et al. 2006).with Davenport's prediction. The effect of typhoon Dujuan on the response of the structure will be discussed in a companion paper (Law, et al. 2006).

A damage model predicting moderate temperature and size effects on concrete in compression

  • Hassine, Wiem Ben;Loukil, Marwa;Limam, Oualid
    • Computers and Concrete
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    • 제23권5호
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    • pp.321-327
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    • 2019
  • Experimental isotherm compressive tests show that concrete behaviour is dependent on temperature. The aim of such tests is to reproduce how concrete will behave under environmental changes within a moderate range of temperature. In this paper, a novel constitutive elastic damage behaviour law is proposed based on a free energy with an apparent damage depending on temperature. The proposed constitutive behaviour leads to classical theory of thermo-elasticity at small strains. Fixed elastic mechanical characteristics and fixed evolution law of damage independent of temperature and the material volume element size are considered. This approach is applied to compressive tests. The model predicts compressive strength and secant modulus of elasticity decrease as temperature increases. A power scaling law is assumed for specific entropy as function of the specimen size which leads to a volume size effect on the stress-strain compressive behaviour. The proposed model reproduces theoretical and experimental results from literature for tempertaures ranging between $20^{\circ}C$ and $70^{\circ}C$. The effect of the difference in the coefficient of thermal expansion between the mortar and coarse aggregates is also considered which gives a better agreement with FIB recommendations. It is shown that this effect is of a second order in the considered moderate range of temperature.

Structural optimal control based on explicit time-domain method

  • Taicong Chen;Houzuo Guo;Cheng Su
    • Structural Engineering and Mechanics
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    • 제85권5호
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    • pp.607-620
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    • 2023
  • The classical optimal control (COC) method has been widely used for linear quadratic regulator (LQR) problems of structural control. However, the equation of motion of the structure is incorporated into the optimization model as the constraint condition for the LQR problem, which needs to be solved through the Riccati equation under certain assumptions. In this study, an explicit optimal control (EOC) method is proposed based on the explicit time-domain method (ETDM). By use of the explicit formulation of structural responses, the LQR problem with the constraint of equation of motion can be transformed into an unconstrained optimization problem, and therefore the control law can be derived directly without solving the Riccati equation. To further optimize the weighting parameters adopted in the control law using the gradient-based optimization algorithm, the sensitivities of structural responses and control forces with respect to the weighting parameters are derived analytically based on the explicit expressions of dynamic responses of the controlled structure. Two numerical examples are investigated to demonstrate the feasibility of the EOC method and the optimization scheme for weighting parameters involved in the control law.

국제물품매매에서 매도인의 인도의무에 관한 연구 - CISG, Incoterms, 중국 합동법, 한국 민법을 중심으로 - (A Study on the Seller's Delivery Obligation in the International Sale of Goods - Focused on the CISG, Incoterms, Chinese Contract Law, Korean Civil Code -)

  • 형악심;박성호
    • 무역학회지
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    • 제42권2호
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    • pp.29-52
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    • 2017
  • 물품매매계약은 매도인에 의한 물품 및 서류 인도의무의 이행을 통해 매수인에게 소유권을 이전하는 것이 목적이다. 그러나 국제물품매매에서 준거법으로 사용되는 CISG와 Incoterms에서는 소유권 이전에 관한 상세한 규정이 없기 때문에 각국의 국내법을 원용하고 있다. 따라서 본 연구는 한·중 물품매매에서 준거법으로 사용될 수 있는 CISG, Incoterms, 중국 합동법, 한국 민법의 규정적 차이점에 대한 인식 부족으로 인해 발생할 수 있는 분쟁을 예방하고, 한국기업의 대 중국 수출 확대에 기여하기 위하여 매도인의 물품인도의무와 관련하여 물품의 인도장소, 인도시기, 계약적합성과 서류인도의무에 대한 관련 규정들을 비교·분석하였다.

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항공사와 탑승객 사이의 민사 법률관계에 관한 고찰 (Investigation about legal(civil) relationships with a carrier and a passenger)

  • 김범구;송병흠
    • 한국항공운항학회:학술대회논문집
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    • 한국항공운항학회 2016년도 춘계학술대회
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    • pp.89-94
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    • 2016
  • This paper is to investigate how each cases(recurrent cases) is to be classified and what each parties should prepare to solve their cases by civil law system and so on. We could find the increased volume (or quantity) of transportation by air recently and have to worry about the sky-rocketed cases of unfulfilled navigation management(aviation service) proportionately inevitably. So we knew that some cases of disputes are solved by unreasonable demand, unilateral concession or irrational decision without any logical or legal criterion, because both sides(passenger and carrier) do not recognize the situation correctly and have any preparation for the legal settlement. Therefore we should prepare the classification work and comprehend about the legal effect(fulfillment retardation of duty, fulfillment impossibility of duty and imperfect fulfillment in our civil law system) of each cases. We can grasp the legal relationship with a carrier and a passengers by the legal analysis more efficiently and save (or help) energy and time of concerned parties.

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Path-dependent three-dimensional constitutive laws of reinforced concrete -formulation and experimental verifications-

  • Maekawa, Koichi;Irawan, Paulus;Okamura, Hajime
    • Structural Engineering and Mechanics
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    • 제5권6호
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    • pp.743-754
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    • 1997
  • A three-dimensional constitutive modeling for reinforced concrete is presented for finite element nonlinear analysis of reinforced concrete. The targets of interest to the authors are columns confined by lateral steel hoops, RC thin shells subjected to combined in-plane and out-of-plane actions and massive structures of three-dimensional (3D) extent in shear. The elasto-plastic and continuum fracture law is applied to pre-cracked solid concrete. For post cracking formulation, fixed multi-directional smeared crack model is adopted for RC domains of 3D geometry subjected to monotonic and reversed cyclic actions. The authors propose a new scheme of decomposing stress strain fields into sub-planes on which 2D constitutive laws can be applied. The proposed model for 3D reinforced concrete is experimentally verified in both member and structural levels under cyclic actions.

Dynamic of behavior for imperfect FGM plates resting on elastic foundation containing various distribution rates of porosity: Analysis and modeling

  • Kablia, Aicha;Benferhat, Rabia;Tahar, Hassaine Daouadji
    • Coupled systems mechanics
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    • 제11권5호
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    • pp.389-409
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    • 2022
  • During the manufacture of FGM plates, defects such as porosities can appear. Those can change the entire behavior of these plates. This paper aims to investigate the free vibration characteristics of porous functionally graded (FG) plates resting on elastic foundations. The Young's modulus of the plate is assumed to vary continuously through the thickness according to a power-law formulation, and the Poisson ratio is held constant. Different types of porosity distribution rates are considered. To examine the accuracy of the present formulation, several comparison studies are investigated. Effects of variation of porosity distribution rate, foundation parameter, power-law index and thickness ratio on the fundamental frequency of plates have been investigated.