bluuebunny/crossref_metadata_2025 huggingface dataset:
Kinder haben Rechte
Authors: Hanzl Maria
Published: April 2022

Mit diesem Beitrag soll die Notwendigkeit der Demokratiebildung in Schulen aufgezeigt werden. Durch die theoretischen Einblicke ist es möglich sich Hintergrundwissen anzueignen. Die praktischen Einblicke regen dazu an, diese Themen in die eigene schulische Praxis zu transportieren und auf die persönliche und individuelle Situation zu adaptieren. Zunächst werden die Begriffe Demokratie und Partizipation und die Möglichkeiten schulischer Demokratiepädagogik erläutert. Anschließend folgend weitere Beispiele, wie Kinder schon früh mit Demokratie in Berührung kommen. Der zweite Bereich handelt von den Menschenrechten und Kinderrechten und wie diese im schulischen Kontext Einklang finden können. Zuerst wird wieder theoretisch auf die Menschenrechte und Kinderrechte eingegangen, es werden einige wichtige Organisationen erwähnt und als Abschluss gibt es dazu einen Einblick in die Arbeit mit Kindern.
Haematological Parameters and Oxidative stress Changes in Apparently Healthy Pregnant Women in Pakistan
Authors: Saleem Muhammad Hassan , Abid Abdul Rahman , Fatima Mussarat
Published: April 2022

Pregnancy is associated with alterations in haematological and oxidative stress parameters as physiological adjustments are made to accommodate the increasing demand from the fetus and the maintenance of maternal wellbeing. In this cross-sectional study, baseline values for haematological and oxidative stress changes were evaluated in pregnant women attending an ante-natal clinic at selected private clinics in Lahore. A total of 100 subjects (80 pregnant women and 20 non-pregnant women) were recruited for the study. Haematological and oxidative stress parameters were determined following standard protocols. When comparing pregnant and non-pregnant women's white blood cell, neutrophil, monocytes, and catalase mean values (p 0.05), it was observed that the pregnant women's eosinophil mean values were lower than those of the non-pregnant control (p 0.05). During the third trimester, neutrophils and catalase levels were significantly higher in the pregnant group than they were in the non-pregnant group (p 0.05) Compared to catalase, superoxide dismutase was shown to be adversely associated with both mean cell volume and haemoglobin concentration. Other variables studied were mean haemoglobin, mean haemoglobin concentration, total white blood cell and neutrophil counts, and mean cell volume.s There was a negative correlation between glutathione and neutrophils and monocytes whereas a positive correlation was found between malondialdehyde and the mean cell haemoglobin content, total white blood cell, monocyte, eosinophil, and basophil count. According to the findings of this study, pregnant women's haematological parameters may be affected by oxidative stress. Keywords: Haematology, pregnancy, oxidative stress, antioxidant enzymes
Psycho-Social Determinants of Acne in Rural Community of Lahore
Authors: Arshad Syma , Sajid Sadaf , Kanwal Asma , Ahmad Mussab , Ahmad Maaz , Ahmed Hamna
Published: April 2022

Acne is a common human skin disease, characterized by areas of skin with seborrhea (scaly red skin), comedones (blackheads and whiteheads), papules (pinheads), pustules (pimples), nodules (large papules) and possibly scarring. Acne affects mostly skin with the densest population of sebaceous follicles. These areas include the face, the upper part of the chest, and the back. Objectives: To determine the association between various psycho-social factors and acne. Design:Population based Case-Control Study. Place & Duration:Galvera Village, Lahore from May 2019 to July 2019. Subjects & Methods. A population based case-control study with 1:1 case to control ratio was conducetd. A total of 100 persons (50 cases and 50 controls) were recruited in the study. Selection was made on laid down criteria from adult population living in rural community of Lahore after taking due consent. Interviews were conducted through a pretested questionnaire by a 10 membered team of group 01, 4th year MBBS students of Rashid Latif Medical College, Lahore under direct supervision of Department of Community Medicine, Rashid Latif Medical College (RLMC). Data was collected, compiled and analyzed through SPSS version 25.
Knowledge, Awareness & Practice (KAP) for COVID-19 in the Pakistani Nation
Authors: Riaz Tahira , , Shafique Sadaf , Maryam Elishba , Shehzadi Huma , Riaz Areej , Riaz Sana , Zulqurnain Muhammad
Published: April 2022

Objectives: The study aimed to examine COVID-19 knowledge among the general public in Pakistan, to review their attitudes and views regarding the fast epidemic. Study Design: Descriptive cross-sectional study. Duration of Study: June-July 2020. Methodology: A total of 679 respondents included. The questionnaires comprised of the following basic themes: basic demography, general & basic clinical/medical knowledge, attitudes, awareness, perceptions as well as a sense of prevention regarding COVID-19. Results: The majority (75.5%) of the respondents were from Punjab province. Around half (54.5%) of the respondents had heard about the COVID-19 infection through different social media. The majority were 28.4% medical students. The majority of the respondents (80-95%) selected correct answers from the given choices for the questions related to some clinical knowledge. More than half of people (59-64%) think positively that COVID-19 will successfully be controlled and Pakistan will be successful in winning this battle of the pandemic. 61% were afraid of COVID-19 as it is highly contagious disease (37.7%). Around 60% always covered their noses and mouths while sneezing and coughing. Conclusion: The people must have a thorough understanding of COVID-19 to successfully execute COVID-19 prevention strategies. Although we found enough knowledge, favorable perspectives, and readiness to follow SOPs, we believe that additional preventative and cautious attitudes, as well as awareness, are needed. Keywords: COVID-19, Online Survey, KAP (Knowledge, Awareness & Practice), Standard Operating Procedures (SOPs)
Vitamin D Deficiency in Critically Ill Children in Karachi
Authors: Abro Falak , Baloch Fozia , Hussain Mehtab , Noreen Asma , Noor Nadeem , Arshad Uzma , Rafique Bushra
Published: April 2022

Objective: To evaluate vitamin D levels in critically ill children. Subject and methods: There were 114 critical ill patients, who were admitted in pediatric ICU with severe respiratory depression (sat < 90%), infection (WBC > 10X 103), myocarditis (EF < 40%). Blood sample was drawn for evaluation of vitamin D levels. Results:- The average age of the children was 4.95±2.7 years. There were 63(55.26%) male and 51(44.74%) female. Frequency of vitamin D deficiency in critically ill patients was observed in 55.26% (63/114) children. Conclusion: - In our study, critically ill children had higher frequency of vitamin D deficiency. Keywords: Vitamin D, Critically ill patients, Infection, 25(OH) D levels
Invasive upside-down jellyfish tolerate organic eutrophication and warming
Authors: Tilstra Arjen , El-Khaled Yusuf C , Meier Saskia , Wild Christian
Published: April 2022

The upside-down jellyfish Cassiopea is a successful invasive organism due to high tolerance of different environmental conditions. So far, some single local or global factor experiments have been conducted to assess the effect on the ecophysiology of Cassiopea, but information
about combined factor effects is scarce. Therefore, we performed a 42-d manipulation experiment exposing Cassiopea sp. to a local (organic eutrophication) and global factor (warming) simultaneously, i.e., four different dissolved organic carbon (DOC) concentrations [3 (Control), 10
(Low), 20 (Medium) and 40 (High) mg L–1], followed by a stepwise water temperature increase from 26 to 32 °C, in which we assessed four ecophysiological parameters: respiration, net photosynthesis, gross photosynthesis, and pumping rate. Our results show a steep increase
in respiration and simultaneous decline in gross photosynthesis in response to Medium and High DOC enrichment causing medusae in the respective treatments to become net heterotrophic over time. This was accompanied by increases in pumping rates, likely to optimize gas exchange and potentially
increase nutrient availability by advection of nutrients trapped in underlying sediments. No effect of warming was found for any of the assessed parameters. The observed transition from auto- to heterotrophy under high DOC concentrations together with the thermal tolerance of Cassiopea
sp. aids to understand the current invasive success of members of the genus Cassiopea as nonnative organisms and may shed light on the future of Cassiopea sp. as potential native invaders.
Koçköprü Barajının Ornitofaunası (Erciş / Van)
Authors: GÖK Gökhan , ADIZEL Özdemir
Published: April 2022

Bu araştırmanın amacı Koçköprü Barajı’nda görülen kuş türlerinin varlığını ortaya koymaktır. 2018 Mart ve 2019 Haziran ayları arasında yapılan saha çalışmaları neticesinde 18 takımdan 43 familya içerisinde yer alan 141 kuş türü belirlenmiştir. IUCN ölçütlerine göre bölgede yaşadığı tespit edilen kuş türlerinin statüleri; 1 tür tehlike altında (Endangered), 3 tür yakında nesli tehlikeye girebilecek (Near Threatened), 2 tür hassas (Vulnerable), 133 tür düşük riskli (Least Concern) ve 2 tür ise kapsama dahil edilmemiştir. BERN sözleşmesine göre 95 tür Ek liste II içinde, 38 tür Ek liste III içinde ve 8 tür ise kapsam dışıdır. Biyolojik materyallerin uluslararası ticaret kurallarını belirleyen CITES’e göre belirlenen türlerin 16’sı Ek liste II içinde yer alırken, geriye kalan 125 tür listede yer almamaktadır. Koçköprü Barajı’nda görülen kuş türlerinin alan kullanım durumlarına bakıldığında ise: 7 türün Kış Ziyaretçisi, 28 türün Transit göçer, 42 türün Yerli ve 64 türün ise Yaz Ziyaretçisi olduğu görüldü. Yerli ve Yaz Ziyaretçi türlerinden 94’ü Koçköprü Barajı ve etrafında üreyebilmektedir. Bunlar incelenen türlerin %66’sını kapsamaktadır. Bu sonuç Koçköprü Baraj Gölü ve çevresinin kuş türlerinin üremesi bakımından önemini ortaya koymaktadır.
ORIENTEERING ‒ A NECESSARY SPORTS DISCIPLINE FOR TRAINING THE MILITARY
Authors: BĂIȚAN George-Florin
Published: April 2022

Today, the complexity of tactical operations and deployments is such that the body is essential for all military personnel, who must be able to interpret a map and be able to use a compass to move quickly and efficiently on the battlefield. Orienteering can be used to develop many of the qualities that are essential to a loyal, dignified, and honest military man. Finding your way to your destination gives you the guidance you need to navigate a complex and rugged terrain, while moving fast, combining orienteering skills and aerobic exercise capacity. To be competitive at this level, he must train regularly, not only to increase motor skills (such as speed and endurance), but also to acquire cognitive (mental) skills. Soldiers who engage in specific physical activity benefit from an increase in cardiovascular capacity, power, and energy that allow them to sustain physical or mental exertion for long periods of time, builds a certain level of self-awareness and develops a sense of team cohesion.
Do presencial ao possível: o olhar dos estudantes da EJA sobre as atividades não presenciais em tempo de pandemia
Authors: Torreão Marco Antonio Goiabeira , Magalhaes Ivesmary Loureiro Ribeiro , Magalhães Rebecca Loureiro Ribeiro , Lima Mariceia Ribeiro , Damasceno Fabiana Elayne Barros , Oliveira Wender Roberto Barros de
Published: April 2022

A crise causada pela Covid-19 resultou no fechamento de escolas e universidades em todo o mundo, o que afetou estudantes de todos os níveis e modalidades de ensino. Diante desse cenário, muitas instituições adaptaram-se ao modelo remoto para oferecer ensino não presencial tendo como objetivo minimizar os prejuízos trazidos pela pandemia para a aprendizagem. Este trabalho apresenta o olhar dos estudantes da EJA sobre as atividades pedagógicas não presenciais desenvolvidas pelo IFMA Campus São José de Ribamar. A pesquisa foi realizada no mês de setembro através de aplicativo de comunicação whatsapp e por meio de ligações telefônicas. Os resultados apontaram que as principais dificuldades enfrentadas pelos estudantes no cumprimento das atividades não presenciais estão na ausência de ferramentas tecnológicas, na falta de domínio dos recursos tecnológicos, na quantidade de atividades propostas pelos professores e prazos curtos para a entrega. A pesquisa também revelou que grande parte dos alunos tem passado por problemas de adaptação em relação a essa nova realidade.
Application of soft tissue laser in the management of recurrent apthous stomatitis
Authors: Rao Zeba , Tomar Deeksha , Kaushik Shalini , Mittal Sachin , Kumar Puneet
Published: April 2022

Apthous ulcers are relatively common pathology and are very painful, so in order to facilitate the relief in pain and healing of these ulcers application of LLT has been done in the present study.  The purpose of this study was to assess the efficacy of Low Level Laser Therapy in the treatment of recurrent aphthous ulcers. 30 patients of both sexes and all age groups with two recurrent aphthous ulcers were included in the study. One ulcer in each subject was subjected to Low Level Laser Therapy as study group and one ulcer in each subject was considered for the Sham Control group. The Student’s t-test was used for statistical evaluation of the data. The study group (LLLT) showed a statistically significant reduction in pain as compared to the sham controlled group.  Complete resolution of the ulcers in the study group was observed to be 4.7 ± 1.2 days and control group was 8.4 ± 2.6 days. On comparison with the sham group, the complete healing time for the study group (LLLT) was found to be highly significant, with a p value of <0.001.
Pola Pengasuhan Santri Dalam Pendidikan Karakter di Pondok Modern Darussalam Gontor 7 Putra Riyadhatul Mujahiddin, Sulawesi Tenggara
Authors: Jefry Muchlasin Jefry Muchlasin
Published: April 2022

Sebagai lembaga pendidikan Islam, Pondok Pesantren mempunyai peran penting dalam sejarah pendidikan di Indonesia bahwa pondok pesantren merupakan artefak pendidikan di Indonesia yang indigenous dengan sistem asrama. Sistem asrama sebagai sistem pendidikan didalam pondok pesantren menempatkan peran pendidik untuk mendidik para santri dengan kedisiplinan yang optimal melalui bagian pengasuhan santri. Peran bagian pengasuhan santri sangat strategis dalam merencanakan, mengontrol, mengawasi hingga mengevaluasi seluruh proses kegiatan dan program selama 24 jam dengan pendekatan dan metode yang sistemik. Penelitian ini menggunakan penelitian deskriptif kualitatif, dan pengumpulan datanya dilakukan dengan metode wawancara, observasi, dan dokumentasi. Dan adapun yang menjadi informan penelitian ini adalah Bapak Pengasuh, Guru Senior di Gontor 7, Bagian Pengasuhan santri, Bagian OPPM, Pengurus asrama dan beberapa orang santri. Dalam penelitian ini peneliti menemukan bahwa Pola pengasuhan santri dilakukan secara sistematis dengan menerapkan fungsi-fungsi manajemen dalam proses kepengasuhanan santri di Pondok Modern Darussalam Gontor 7 Riyadhatul Mujahiddin yang meliputi atas pengarahan, penugasan, pelatihan, pembiasaan, pengawalan, keteladanan (uswatun hasanah), dan proses penciptaan lingkungan dengan totalitas kehidupan santri selama 24 jam melalui berbagai kegiatan dan program pondok didalam lingkungan pesantren yang bergerak secara dinamis yang berdasarkan pada nilai-nilai pondok Gontor. Kedua, implementasikan pola dan skema manajemennya, bagian pengasuhan santri dalam pembentukan karakter santri melalui kegiatan harian yang umum dilaksanakan santri dan kegiatan ekstrakurikuler meliputi kegiatan olahraga, kesenian, kepemimpinan, pengembangan diri, dan wirausaha. Ketiga, diantara faktor yang pendukung yaitu peran dan figur seorang pengasuh, sistem asrama dan lingkungan pesantren, dan faktor penghambat adalah wali santri, sarana dan prasarana, dan pengetahuan tentang kepengasuhan.
The Vehicle Routing Optimization Problem of Refrigerated Vehicle with Temperature Compartments under Consistent Delivery Model
Authors: Chang Peihuan
Published: April 2022

The lower utilization rate of refrigerated vehicles leads to higher distribution cost. Therefore, this paper proposes a model of refrigerated vehicles with multi temperature area to realize consistent delivery of different product groups at the same customer point. Based on the objective function of loading cost, distribution cost, unloading cost and penalty cost of failure to perform on time, the model is solved by adaptive large neighborhood search (ALNs) algorithm, and the distribution route is optimized by designing ring destroying operator, repair operator and adaptive process. An example is given to analyze the impact of the capacity of refrigerated vehicles with multi temperature compartments on distribution time, cost and average utilization compartments. Finally, an appropriate refrigerated vehicle with multi temperature compartments is selected for delivery according to the distribution characteristics of customers.
Status of Primary Processing of Gum Karaya (Exudate Gum) and scope of improvement
Authors: Prasad Niranjan , Giri S.
Published: April 2022

Exudate gums occupy a prime place among Non-Wood Forest Produce (NWFP) and are known to mankind since time immemorial. Use of exudate gums for domestic consumption and sale to earn some cash is very common among the forest dwelling communities particularly tribals in India. Thousands of forest dwellers particularly in Central and Western Indian states depend on exudate gums as a viable source of income. Gum collectors collect exudate gums by scraping it from trees using locally available devices (i.e. knife, pruning knife and axe) in bamboo basket or bag. The collected gums are cleaned by removing the bark and other foreign matters adhered to it. The cleaned gum is then dried in sun followed by grading manually based on size and colour of gum tears. Forest dwellers either sell graded gums in local market or store it in bamboo basket for their consumption or for sale later when prices are remunerative. The paper discusses the methods and devices used in primary processing unit operation of exudate gums, problems associated in carrying out the unit operation and scope of improvement.
Perioperative Management of Spinal Cord Stimulators and Intrathecal Pain Pumps
Authors: Daniels Alan H. , McDonald Christopher L. , Basques Bryce A. , Hershman Stuart H.
Published: April 2022

Spinal cord stimulators (SCSs) and intrathecal pain pumps (IPPs) are implantable devices used in the management of chronic pain or spasticity. Complications, such as infection, lead migration/failure, cerebrospinal fluid leak, neurologic injury, and other medical complications, can occur after placement and may require surgical intervention. Orthopaedic surgeons may encounter patients with these devices and should have a basic understanding of their function. In addition, they should be aware that patients may have residual stenosis or deformity contributing to their symptoms; thus, spine surgery referral may be indicated. If a patient with a SCS or IPP is undergoing revision spinal surgery, a preoperative discussion regarding retention versus removal of the device is imperative because indications for device retention, revision, and removal are complex. This review summarizes potential complications and intraoperative considerations concerning the proper perioperative management of SCSs/IPPs and will provide evidence-based data regarding management strategies for these devices.
Effect of climate change and elevated CO2 on reference evapotranspiration in Varanasi, India - A case study
Authors: ANNU PRIYA  , A. K. NEMA  , ADLUL ISLAM
Published: April 2022

Evapotranspiration (ET) is the major component of hydrological cycle, and will affect the crop water requirement and future planning and management of water resources under changing climate scenarios. In the present study, an attempt was made to study the sensitivity of reference evapotranspiration (ETo) to different climatic variables, and effect of temperature and elevated CO2 on ETo using meteorological data (1973-2010) of the Banaras Hindu University (BHU), Varanasi. The FAO-56 Penman–Monteith method was used to estimate ETo, and sensitivity of ETo was studied in terms of changes in temperature, solar radiation, wind speed and vapour pressure deficit. The combined effect of temperature and elevated CO2 levels was studied by varying the temperature from 1°C to 5°C, and the CO2 level from 330 ppm to 660 ppm. The simulation results showed that the mean temperature (Tmean) influenced the annual ETo the most followed by solar radiation (Rs), vapour pressure deficit (VPD) and wind speed (U2). There are about 18.20, 13.80, 7.90 and 5.40% increase in annual ETo with 25% increase in Tmean, Rs, VPD, and U2, respectively. Simulating the combined effect of temperature and elevated CO2 indicated that the effect of 2.5 °C rise in temperature is offset by doubling of CO2 concentration. Thus, the effect of rising temperature is moderated by the increasing CO2 concentrations, and the crop water demand may not rise significantly under the climate change scenarios.
Trend analysis by Mann-Kendall test for precipitation and temperature for thirteen districts of Uttarakhand
Authors: RESHU YADAV  , S. K. TRIPATHI  , G. PRANUTHI  , S. K. DUBEY
Published: April 2022

The present study is mainly concerned with the changing trends of rainfall and temperature of all the thirteen districts of the state Uttarakhand. The state lies on the southern slope of the Himalayan range and the climate and vegetation vary greatly with elevation, from the glaciers at the highest elevations to subtropical forests at lower elevations. In the present study, we have tried to analyze the most important climatic variables precipitation and temperature, for analyzing the trend in the area. For this, daily rainfall data of 41 years from 1971 to 2011 and minimum and maximum temperature data of 37 years from 1971 to 2007 has been processed in the study to find out the monthly variability of rainfall and temperature for which Mann-Kendall (MK) Test has been used together with the Sen’s Slope Estimator for the determination of trend and slope magnitude. Monthly precipitation and temperature trend has been identified here to achieve the objective which has been shown by 41and 37 years of data. There are increasing trends of precipitation and temperature in some months and decreasing trends in some other months for all the thirteen districts of Uttarakhand obtained from these statistical tests suggesting overall insignificant changes in the area.
HASTANE ÖNCESİ ACİL SAĞLIK HİZMETLERİNDE TELETIP KULLANIMI
Authors: ARSLAN Merve , AKAR Damla
Published: April 2022

Bilgi ve teknoloji çağında olduğumuz bu yıllarda, iletişim teknolojilerinin hızla gelişmesi insanların kültürel, sosyal, eğitim ve sağlık alanlarındaki ihtiyaçlarında köklü değişimlere sebep olmaktadır. Tıp alanına baktığımızda yaşanan değişim ve gelişmeler sonucu yeni kavramlar ortaya çıkmıştır. Tele-tıp bu kavramların başında gelmektedir. Tele-tıp; coğrafi farkların sorun olduğu zaman ve mekanlarda tıp hizmetinin aksamaması, desteklenmesi ve devamlılığının sağlanması için elektronik bilgi ve iletişim teknolojilerinin kullanılması olarak tanımlanır. Bu teknolojiler EMS’de vaka müdahalesinde zaman ve mesafe kavramını ortadan kaldırmakta coğrafi farklılıkları eşitlemektedir. Türkiye ve dünyada EMS’de hizmet verirken kullanılan tele-tıp sayesinde hizmet sunumu daha pratik hale gelmekte ve zaman açısından fayda görülmektedir. Bu çalışma ile tele-tıp sisteminin EMS sistemine entegre edilmesinin hasta ve yaralılara müdahalede maximum yarar sağlayabileceği anlatılmak amaçlanmaktadır. Çalışma tele-tıp sayesinde hasta-yaralının ulaşması gereken uygun tedavi sürecinin kısaltılabilmesi ve bu sayede geri dönüşümsüz hasarların önlenebileceğinin gösterilmesi açısından önemlidir.
Mixup Veri Artırma Yöntemi ile Retina Damar Bölütlemesi
Authors: ARPACI Saadet Aytaç , VARLI Songül
Published: April 2022

Derin sinir ağı modellerinin aşırı uyum sorununun azaltılması için veri artırma yöntemlerine başvurulmaktadır. 2018 yılında bir veri artırma yöntemi olan mixup tanıtılmıştır ve devam eden yıllarda farklı organ ve görüntü modalitelerinde yapılan çalışmalar ile mixup yönteminin model bölütleme yeteneği üzerindeki etkisi incelenmiştir. Mixup yönteminin tarayıcı lazer oftalmoskop ile elde edilmiş fundus görüntülerinde retina damar bölütlemesi için kullanımına yönelik bir çalışmaya rastlanmamıştır. Bu çalışmanın amacı, IOSTAR veri kümesi görüntülerinde U-Net modeli ile gerçekleştirilen retina damar bölütlemesine mixup yönteminin etkisinin incelenmesidir. Bu doğrultuda yatay yansıtma, görüntünün rastgele bir alanını kırpma, çevirme gibi veri artırma işlemlerinin görüntülere uygulandığı bir geleneksel grup; geleneksel yöntem ile oluşturulmuş görüntülere ek olarak lambda 0,2 veya 0,5 değerlerine göre mixup yönteminin uygulandığı iki farklı grup; lambda 0,2 veya 0,5 değerlerine göre sadece mixup yönteminin uygulandığı iki farklı grup olmak üzere beş farklı veri grubu oluşturulmuştur. Doğruluk, duyarlılık, özgüllük, Dice ve Jaccard ölçütlerine göre değerlendirmeler yapılmıştır. Geleneksel veri artırma yöntemleriyle karşılaştırıldığında, U-Net modelinin retina damar bölütleme yeteneğine mixup veri artırma yönteminin iyileşme sağlamadığı görülmüştür.
The liability problem in modern environmental statutes
Authors: Pozzo Barbara
Published: April 2022

This article mainly focuses on modern statutes and drafts concerning civil liability for environmental harm. A first part is dedicated to an historical summary of the circumstances which gave birth to the problems concerning the various criteria for assignment of liability; in a second part the laws and the projects that are most representative and pertinent for this inquiry are examined. The article is at the same time an effort to combine the historical-comparative approach with that elaborated by the economic analysis of law.
Barclays Bank plc v O'Brien and another [1993] 4 All ER 417, BVerfG, 19.10.1993
Authors: Van Roeyen Gino , Ferrari Mariangela , Inzitari Bruno , Geelhand Nicolas
Published: April 2022

Barclays Bank plc v O'Brien (Case 1) provided an opportunity for the House of Lords to settle an issue which had arisen on a number of previous occasions in the Court of Appeal. The question was whether a bank is entitled to enforce against a wife an obligation to secure a debt owed by her husband to the bank where the wife has been induced to stand as a surety for her husband's debt by the undue influence or misrepresentation of the husband.

The House of Lords concluded that a creditor would be fixed with constructive notice of the undue influence or misrepresentation of a cohabitee (and therefore could not enforce their security as against the other cohabitee) unless it had taken reasonable steps to satisfy itself that the surety entered into the obligation freely and in the knowledge of the true facts. Such steps would include warning the surety at a meeting not attended by the principal debtor of the potential liability and of the risks involved and advising the surety to take independent legal advice.

Cases 2 and 3 both arose in the German courts and led to a consolidated hearing before the German Federal Constitutional Court.

Case 2: An estate agent sought to double his overdraft limit to 100,000 DM. To assist him his daughter, who had temporary employment as a factory worker, signed a contract of guarantee. The significance of this document was played down by the bank. The father entered into new business deals and suffered heavy losses. The bank then tried to assert the guarantee against the daughter. The daughter resisted the claim.

Case 3: A wife signed a contract of guarantee (of 30,000 DM) to assist her husband in obtaining a loan. When there was a delay in payments on the loan, the bank called on the guarantee.

In response to these two cases the Federal Constitutional Court handed down a potentially far reaching decision on the role of fundamental rights in the interpretation of general clauses in the law. In particular the right to the protection of a person's private sphere must be taken into account in interpreting the obligation of good faith in contractual relations where there is disparity of bargaining power between the parties (i.e. the guarantor and the bank), and in particular where there is no shared economic interest between guarantor and guarantee.

The four case notes on this theme are preceded by a more detailed consideration of the reasoning in Barclays Bank v O'Brien. The first two case notes (Van Roeyen and Ferrari) consider the way that this case might have been approached by the Dutch and Italian courts respectively. The third case note (Inzitari) discusses the German cases and the issues that they would raise for the Italian courts, while the fourth note (Geelhand) examines the general problem of guarantees given by family members and friends under Belgian law.
Europäisierung des Privatrechts - Zwischenbilanz und Perspektiven: Achte Tagung der Gesellschaft Junger Zivilrechtswissenschaftler Mainz, 10.-13. September 1997
Authors: Baldus Christian
Published: April 2022

On the occasion of its Eight Annual Meeting (Mainz, September 1997), the Society of Young Researchers in Civil Law tried to sum up the present-day discussion on 'Europeanisation of Private Law'. In the context of German legal scholarship, necessity and desirability of this process are still controversial even among younger authors. In the continental tradition of strict separation of public and private law, the EC remains a phenomenon to be described and controlled in terms of constitutional law. The actions of such a phenomenon with reference to private law relationships, therefore, appear as necessarily isolated and a dangerous interference with sovereignty and with the civil law system so fundamental to lawyers' state of mind. However, the economic and political necessities of market integration cannot avoid reshaping even basic structures of general private law (e.g. in the field of consumer protection). The very aim of the treaties is a continuous growth of general welfare within the legal community of Europe; the key mechanism to achieve that aim can be seen in the full release of private freedom and entrepreneurship. There can now can be observed, in EC law, complex and multipolar relationships between private parties, States, and the Community (e.g. in the well-known issue of directives' horizontal direct effect). This situation is not likely to be explained sufficiently by recourse to the fixed and formal sub-ordination structures of nineteenth-century rooted public law.

Accordingly, the congress opened with reflections on the general question of competition or unification of legal orders in Europe. This basic feature emerged also in many contributions to specific problems. The congress continued with historical and comparative presentations. The crucial issue under all these perspectives is how to find models apt to meet the requirements of an unprecedented harmonisation process. Certain fields of substantive law were at the centre of the following lectures, especially Labour, Company, and Competition Law. Unfair competition and merger control was also discussed in a round table with renowned representatives of legal practice. The final contributions concerned Private International Law and methodological problems in European Law.

The last mentioned aspect is of outstanding importance also for the current debate on the reform of legal studies in Germany. The bulk of knowledge tested in the state examinations has become too great; it even hampers a structural understanding of law. It could be, however, just the links of EC law to foreign legal systems and to other sciences that introduce the student to the inherent openness and incompleteness of law. Method will again turn out to be the only key to a high-level legal argument and practice, as it has always been. In the light of such developments, a further harmonisation of private law should be 'tolerable' even from the continental, systematic, point of view.
Nécessité et Moyens d'une Harmonisation des Règles de Transmission Successorale en Europe
Authors: Leleu Yves-Henri
Published: April 2022

The rules of succession have as their purpose the transfer of the ownership of the goods of the deceased to his successors and the determination of their obligations in relation to the payment of his debts. Closely linked with the law of property, this area of law has numerous national peculiarities which make it more difficult to settle matters of succession in cases with connections to several jurisdictions. Harmonisation at the European level is therefore desirable.

The author describes the principle approaches to succession applied in the Member States to the European Union, in accordance with a bipartite division of the material - concerning respectively succession to the assets and to the debts of the deceased. He then sets out a theoretical model of an ideal regulation of succession, which would satisfy all the competing interests. This model could form the basis of a regulation of the matter common to all Member States.

The choice of the method of harmonisation depends on its suitability to the law of succession. Among the methods available (substantive community law, case law of the European courts, spontaneous convergence of domestic legislation, multilateral treaties), a treaty creating a uniform law appears to be the best way forward. The states which conclude a treaty of this kind undertake to replace their former legislation with uniform rules, without allowing any reservations. Community law provides a legal framework favouring the conclusion of a treaty of this kind (Article 220, Treaty of Rome) and the American example of the Uniform Probate Code confirms that a project of this kind would have a good chance of success.
The 'European Civil Code', European Legal Traditions and Neo-Positivism
Authors: Zeno-Zencovich Vincenzo
Published: April 2022

1.Professor Legrand's arguments against a European civil code. 2. Bureaucratic harmonisation. 3. The defence of the plurality of legal systems. 4. Codification as a relic of the past. 5. The prospects.
Les Différentes Fonctions de la Possession en Droit Privé
Authors: García Cantero Gabriel
Published: April 2022

Since the earliest times of Roman law, possession has passed through the history of law maintaining its status as an institution, and adapting its functions to meet changing social and economic circumstances. Apart from its evidential effect, which is preserved in all legal systems, it must be remembered that the mediaeval maxim en fait des meubles, possession vaut titre applies frequently today, in nearly every country, to trade in movable property, in spite of a certain tendency towards the need for contractual formalities, given further force by legislation on consumer protection. The possession of immovable property also retains its practical importance, and when it is possession in good faith it is the basis for attributing the profits arising to a person who is looking after the property on behalf of someone else. But registration remains important for usucapio contra tabulas; on the other hand usucapio secundum tabulas retains all its effectiveness. Actions for possession - a creation of the Roman praetor - are often brought before the courts. The conclusion must be that possession civilis, possessio ad interdicta, usucapio, praescriptio etc, are Roman terms that are in common use by modern jurists.
Contract Contrat Vertrag
Authors: Sacco Rodolfo
Published: April 2022

1. Contract and Agreement - 2. Contract and Consent - 3. Two ways of defining a contract - 4. Genotype and Phenotype - 5. Multiplicity of genotypes.
The Luxembourg Process: The UK View
Authors: Tucker Clive
Published: April 2022

The UK is a strong supporter of the Luxembourg Process of Employment Guidelines and National Action Plans. This process has put employment at the top of the European agenda and established a common European strategy for tackling unemployment. It focuses attention on the key issues of employability, entrepreneurship, adaptability and equal opportunities. The essence of the process is to identify common ends without imposing common means. No-one is looking for uniformity of policies across the whole of Europe but all Member States are now committed to learning from each other's efforts and in doing so to establish common ground based on best practice.
Labour Faces the Future: The Online Conference on Organised Labour in the 21st Century
Authors: Murray Jill
Published: April 2022

The very idea of a conference makes one immediately think of a professional 'get-together' where discussions and debates reign in an arena of academic insight, but in this age of globalisation where technology marks 'virtually' one and all, it should come as no surprise that this traditional concept of a conference be replaced by expert parley through electronic mail. Indeed, Organised Labour 2000 is such an example and gives everyone (with email access) the possibility to express an opinion or relate news and information relevant to the world of labour in a completely novel way.
Form v Substance? An Ideological Venture Beyond the Dichotomy in European Law of Contract
Authors: Chamboredon Anthony
Published: April 2022

It seems that the point of view that French law is more formal than English Common law, and consequently, is less capable of taking the expectations of business into account, misjudges the representation that French lawyers have of their own legal system. The interpretation of the Civil Code in French law is the outcome of a both formal and substantial analysis. In this sense, H. Collins' proposal to enhance European contract law with legislative provisions made of 'open textured rules' that are supposed to be more efficient for business than formal rules, does not constitute an heresy for a continental civil law lawyer. However, the use of such rules does not suffice to make a good contract law. It is only one solution among others. What we do not need is an anarchic judge. What we need is a judge who is able to inscribe his interpretation in a genuine legal system.
The GROTIUS Program: Proposals for Amending Article 21 and 22 of the Brussels Convention
Authors: Dedek Helge , Otte Karsten , Prütting Hanns
Published: April 2022

The following paper sets out some of the conclusions of a Grotius funded project concerning the revision of the Brussels and Lugano Conventions. It focusses in particular on the provisions of the Conventions dealing with lis pendens and related actions (currently Arts. 21 and 22) and the associated problem of determining the time of the proceedings. The difficulties experienced in interpreting Arts. 21 and 22 are noted and linked to differences in the domestic laws of the Member States. The existing interpretations given by the European Court of Justice are unsatisfactory because they fail to take adequate account of these national differences, and the role that they play within the national legal order. New wording for the relevant articles of the Conventions is proposed.
Hoge Raad, 5 September 1997, Ontvanger/Hamm q.q.
Authors: Hogg Martin , Dirix Eric , Backx Jasper
Published: April 2022

The facts of the case are as follows. A company, Wolfson Informatica B.V., had been declared bankrupt on 4 September 1992 and Hamm was appointed its curator in bakruptcy by the district court. About ten months later the curator received a letter from the tax collector which stated that Wolfson Informatica B.V. had a right to restition of 12.069 guilders. Included with the letter was a standard return-form requesting Wolfson Informatica B.V. to indicate how they wished to receive this money. On 4 August 1993 the curator sent the completed return-form to the tax collector and by the end of August the money had been transferred to the company's bank account. However, the letter sent by the tax collector on 4 September 1992 was sent on account of an error in personam. The letter was meant for the parent company Wolfson Group B.V. and not for Wolfson Informatica B.V. In a letter dated 12 October 1993 the tax collector notified the curator about the mistake and requested repayment of the 12.069 guilders. However, the estate of the bankrupt contained too few assets to pay all the expenses of the bankruptcy. The curator accepted that the claim had the same priority as the expenses of the bankruptcy (“boedelschuld”)(priority over concurrent claims and even over most preferred claims), but no priority over the other expenses of the bankruptcy, and thus refused to repay the sum to the tax collector. The tax collector raised an action in the Rotterdam district court claiming payment of 12.069 guilders from the curator. (in his capacity as such) together with interest thereon. Furthermore he sought declarator (verklaring voor recht) that his claim against the estate for undue payment had to be paid in full from the available assets in priority to all the other creditors of the bankrupt estate (including the expenses of the bankruptcy). The Hoge Raad admitted the action.
Reflections on the Development of French Administrative Courts
Authors: Latournerie Marie-Aimée
Published: April 2022

The French Cours administratives d'appel have now been operating for ten years. This article describes the workload of these courts and the impact which this has had on the workload of the Conseil d'Etat. While the Conseil d'Etat is increasingly a court of dealing with points of law, it continues to deal with a large number of cases because of the general increase in administrative litigation affecting all courts.
Democratic Governance Beyond the Nation State: Third-Level Assemblies and Scrutiny of European Legislation
Authors: Carter Caitríona A.
Published: April 2022

This article examines the implication for parliamentarization of European integration flowing from devolution in Britain. Devolution has resulted in the creation of new third-level institutions in both Scotland and Wales. A key expectation is that the new polities will be effective vehicles for the influence of territorial societal preferences within the EU policy process. This article examines the new arrangements for the conduct of `asymmetric scrutiny' of EU documents within the devolved UK and explores the impact that devolution has on this ex ante parliamentary function. The article crystallizes thought on a broader theoretical claim that European governance beyond the state contains a strong normative element, with the overall institutional arrangement seen to lack parliamentary control of the legislative process. The article argues that any consideration of high/low parliamentarization within a multi-level system must engage with institutional cultural aspects which underpin organizational rules.
Modifying Procedural Autonomy: Better Protection for Community Rights
Authors: McKendrick John
Published: April 2022

The author highlights the conflicting demands for certainty and fairness within Member State systems of procedural law. The obstacles to effective implementation of European law are particularly difficult to overcome when the need to maintain certainty in the law has high priority, as in the case of procedural laws.

Nevertheless, differences in procedural laws are severely undermining the uniform application of European law in the Member States. The European Court has adopted the approach that national legal systems should have procedural autonomy to a large extent — limited by the need to ensure that Community law rights are not subject to less favourable procedural conditions than those applying in the case of domestic law rights and that it does not become "virtually impossible" for a litigant to assert his or her Community law rights. This approach is unsatisfactory. It does not adequately promote the effectiveness of Community law rights. An alternative theory has emerged in recent ECJ case law, in which the purpose of the national law rule is investigated to determine whether it is compatible with Community law. This approach is also problematic, however. It leads to a high degree of uncertaintyover the validity of national procedural laws. The ECJ should retain its approach based on procedural autonomy, but identify more precisely the particular problems that the case law is trying to resolve. In particular, the key cases are concerned with the inadequate transposition of Directives into national law. Rules specific to this problems should be put in place. The obstacles caused by procedural laws should then be monitored to allow further intervention by way of harmonisation to meet identifiable needs.
Competition Law and Collective Agreements — the Municipal Pension Scheme Presented for the EFTA Court
Authors: Johansen Atle Sønsteli
Published: April 2022

The relationship between collective agreements and competition rules is a topic of utmost importance for labour organisations all over Europe. Collective agreements are sheltered from competition rules in four cases decided by the European Court of Justice. In EFTA Court case E-08-00 the Norwegian Labour Court questions whether collective labour agreements could be under competition scrutiny if the employer side can be considered as undertakings or whether the exemption is a material exclusion where negotiating Social Partners are sheltered from competition rules regardless of their legal status.
Redundant Because of Lack of Competence? Swedish Employees in the Knowledge Society
Authors: Rönnmar Mia
Published: April 2022

Today, the scene of Swedish industrial relations and labour law is set by the Knowledge Society. Knowledge Workers are supposed to be knowledgeable, professional and independent, and constitute by virtue of their knowledge the vital productive resource. This article analyses the strength and functioning of the Swedish employment protection and a future right to education within the employment relationship. It is argued that the Swedish employment protection regulation, on the whole, is badly adjusted to the realities of the Knowledge Society. Furthermore, the traditional dichotomy between dismissal by reason of redundancy and dismissal for personal reasons is inappropriate and should be replaced by a new uniform and coherent system for employment protection. By including a right to education the Swedish employment protection system would be substantively strengthened.
The Impact on Spanish Contract Law of the EC Directive on the Sale of Consumer Goods and Associated Guarantees
Authors: Lete Javier
Published: April 2022

The following paper examines the effects of the EC Directive on the sale of consumer goods and associated guarantees on Spanish contract law. It focuses in particular on the regulation contained both in the Consumer Protection Act and the Retail Trade Act, and in the Civil Code as well. As a result, it is clear that that there are differences between the Spanish law and the EC Directive, mainly on the requirement of the conformity with the contract, as it does not exist in Spanish legislation. In order to implement the Directive, the question is to adopt a new Act or to modify the provisions of the Civil Code.