bluuebunny/crossref_metadata_2025 huggingface dataset:
Inter-characters association studies for morphological, yield and yield attributes in the germplasm of french bean (Phaseolus vulgaris L.) in Tarai region of Uttarakhand, India
Authors: Panchbhaiya Ankit , Singh* Dhirendra Kumar , Jain S.K.
Published: January 2017

The 74 french bean genotypes were evaluated for twenty two quantitative traits to study the character association and path analysis during Jan- May, 2014. Pod yield was highly significant and positive correlated with days to 50% flowering, seed yield per plant, plant height, number of pods per plant, number of pod clusters per plant, number of pods per cluster, number of seeds per pod, pod length and weight of single pod. Path coefficient analysis revealed that single pod weight and number of pods per plant had the highest positive contribution towards the pod yield.
Some uses, underuses, and misuses of the findings of disparities between people’s valuations of gains and losses
Authors: Knetsch Jack L.
Published: January 2017

The well-known behavioural finding that losses have a greater impact on people’s well-being than gains, has important implications for the study of individual and collective choices, as well as the ways in which analyses are carried out -- many more than have yet been seriously considered. It also has many for analysts’ use of such tools as price elasticities, discount rates, value of statistical lives, risk analysis, and the like. A greater recognition of the behavioral findings would likely lead to reductions of the biases in many present analyses.
Synthetic biology applied in the agrifood sector: Societal priorities and pitfalls
Authors: Frewer L.J. , Coles D. , Dijkstra A.M. , Kuznesof S. , Kendall H. , Kaptan G.
Published: January 2017

Synthetic biology offers potential for innovation in the agrifood sector, although concerns have been raised consumer rejection of applications will occur similar to that associated with the introduction of genetically modified foods. Risk-benefit assessment should address socio-economic, as well as health and environmental impacts. Ethical issues may be of particular relevance to the application synthetic biology, and may also resonate with societal concerns. A case-by-case analysis of relevant issues may be needed, and innovation must be driven by societal and consumer preferences as well as technological possibilities. Research into consumer and societal priorities is required early in the innovation trajectory.
Is there a kink in the happiness literature?
Authors: Altman Morris
Published: January 2017

One of the early key empirical findings of the happiness literature is that at higher levels of per capita real income there appears to be diminishing returns to income at least with regards to marginal changes in ‘happiness’ measured by various survey instruments. Although these results have been recently challenged, these earlier findings and the results of many contemporary studies suggest that an inelastic relationship exists between real per capita income and happiness after a relatively low threshold of per capita income is reached. Appling some of the results of prospect theory I argue that even if it were true that the marginal effect of income on happiness is zero, a reduction in income would probably reduce the level of happiness, yielding a kink in the ‘happiness curve’. Also, applying a target income approach to the happiness literature, one can argue that pursuing higher target income, in itself, is a means of increasing life satisfaction. These two theoretical instruments yield results consistent with some of the most recent empirical finding based on Gallup Poll Survey data. In addition, applying insights from the capabilities approach, I argue, that increasing income is a means of purchasing the capabilities to increase individual levels of happiness through the production of public goods, such as health care and education. A given marginal increase in income need not generate any increase in happiness if this income increase is highly unequally distributed in a population or is not used to purchase goods and services that contribute to increases in the level of happiness.
An overview of behavioral economics in Dutch policy making. the next step: how to nudge policy makers
Authors: Els Stroeker Natasha
Published: January 2017

This article describes the beginning of the influence of behavioral economics on the Dutch government. This started in the period that the UK started with its Behavioral Insights Team (BIT UK). The article presents explanation of the concept “nudging” and the way this is integrated in Dutch policy. Also leading publications and examples of how behavioral economics is used in policy making are presented. The advice of the government in 2014 on how to ensure a structural integration of behavioral science knowledge in policy is part of the next step. The next step contains two main parts: 1. How to nudge policy makers and 2. Embedding nudges in policy making on four aspects: positioning, projects, performance and professionality.
Distance makes the mind grow broader: an overview of psychological distance studies in the environmental and health domains
Authors: Griffioen Anouk M. , Van Beek Jannette , Lindhout Simone N. , Handgraaf Michel J. J.
Published: January 2017

Environmental and health issues are two of the most pressing issues society faces today. People often view both environmental and health issues as psychologically distant: they believe that the problems will occur in the future, to other people, in other places and that the exact outcomes are uncertain. This paper provides an overview of studies that have investigated how the different psychological distance dimensions (viz., temporal, spatial, social and hypothetical) influence perceptions, intentions, and decision making in the environmental and health domains. This overview suggests that psychological distance indeed matters in both domains. There are indications that threat perceptions are mostly heightened when communicated or perceived as being psychologically close. However, the studies also show that a mere increase in perceived threat does not necessarily alter intentions or behavior. Moreover, with regard to the effects of psychological distance, there are neither clear differences between the environmental and the health domain nor between the four psychological distance dimensions. We discuss possible moderators that may explain the range of findings. Finally, we conclude with discussing the current stance of the literature and discuss specific research topics that are yet to be studied. As environmental and health behavior involve more than just one decision or one behavior, we suggest, for example, that future studies should investigate how psychological distance influences not only the target behavior, but related behavior as well.
A internacionalização das coleções da SciELO Citation Index na área de Ciência da Informação e Biblioteconomia
Authors: Alencar Maria Simone de Menezes , De Oliveira Eloisa da Conceição Príncipe
Published: January 2017

Apresenta um panorama dos periódicos da área de Ciência da Informação e Biblioteconomia indexados na base de dados SciELO Citation Index. Especificamente objetivou avaliar a internacionalização dos periódicos da área contidos nessa base de dados, através do idioma de publicação, país do editor e país de afiliação do autor, considerando a evolução temporal dos artigos. A busca foi realizada considerando o campo categoria de assunto da Web of Science “Information Science & Library Science”, para identificar os itens relacionados a essas áreas, limitando a pesquisa aos artigos de periódicos para o período de 2002 a 2015. Os dados analisados indicam baixa integração entre os países editores dos periódicos e a comunidade global de pesquisa, considerando os parâmetros da pesquisa.
Métricas científicas em estudos bibliométricos: detecção de outliers para dados univariados
Authors: Maia Lima Luís Fernando , Maroldi Alexandre Masson , Silva Dávilla Vieira Odízio da , Hayashi Carlos Roberto Massao , Hayashi Maria Cristina Piumbato Innocentini
Published: January 2017

Apresenta fórmulas, para dados univariados, de detecção de outliers que levem em conta a assimetria dos dados, tanto positiva como negativa. A nova formulação, proveniente da Análise Exploratória de Dados, é simulada comparando os resultados com a proposta oriunda da Análise Exploratória de Dados, presente na maioria dos livros-textos de estatística e softwares estatísticos, mas que se aplica somente para distribuições normais ou gaussianas, ou seja, simétricas ou com leve assimetria. Para a simulação, são utilizados dados reais publicados por dois trabalhos na área de métricas científicas. Para assimetrias positivas (negativas) moderadas ou fortes, a nova formulação detecta menor (maior) quantidade de outliers superiores que a proposta clássica. É importante levar em conta a existência de outliers nos dados bibliométricos, pois recomendase quantificar a influência dos mesmos nos cálculos estatísticos, tais como média e desvio padrão.
A Semi-empirical Model of Air Waves Induced by Falling Rock in a Closed Goaf
Authors: Ren Fengyu , Liu Yang , Cao Jianli , He Rongxing , Xu Yuan , You Xi , Zhou Yanjun
Published: January 2017

In this paper, a semi-empirical model of air waves induced by falling rock is described. The model is composed of a uniform motion phase (velocity close to 0 m·s-1) and an acceleration movement phase. The uniform motion phase was determined based on experimentally and the acceleration movement phase was derived by theoretical analysis. A series of experiments were performed to verify the semi-empirical model and elucidated the law of the uniform motion phase. The acceleration movement phase accounted for a larger portion with a greater height of the falling rock. Experimental results of different falling heights of the goaf showed close agreement with theoretical analysis values. The semi-empirical model could accurately and conveniently estimate the velocity of air wave induced by falling rock. Thus, the semi-empirical model can provide a reference and basis for estimating the speed of air waves and designing protective measures in mines.
The Spermine Phosphate-Bound Cyclooctaoxygen Sodium Epigenetic Shell of Euchromatin DNA Is Destroyed by the Epigenetic Poison Glyphosate
Authors: Kesel Andreas J. , Struys Eduard A. , Cellini Barbara
Published: January 2017

Oxygen exists in two gaseous and six solid allotropic modifications. An additional allotropic modification of oxygen, the cyclooctaoxygen, was predicted to exist in 1990. The first synthesis and characterization of cyclooctaoxygen as its sodium crown complex, isolated in the form of three cytosine nucleoside hydrochloride complexes, was reported in 2016. Cyclooctaoxygen sodium was synthesized from atmospheric oxygen, or catalase effect-generated oxygen, under catalysis of cytosine nucleosides and either ninhydrin or eukaryotic low-molecular weight RNA. The cationic cyclooctaoxygen sodium complex was shown to bind RNA and DNA, to associate with single-stranded DNA and spermine phosphate, and to be essentially non-toxic to cultured mammalian cells at 0.1–1.0 mM concentration. We postulated that cyclooctaoxygen is formed in most eukaryotic cells from dihydrogen peroxide in a catalase reaction catalysed by cytidine and RNA. A molecular biological model was deduced for a first epigenetic shell of eukaryotic euchromatin. This model incorporates an epigenetic explanation for the interactions of the essential micronutrient selenium (as selenite) with eukaryotic euchromatin. The sperminium phosphate/cyclooctaoxygen sodium complex is calculated to cover the actively transcribed regions (2.6%) of bovine lymphocyte interphase genome. Cyclooctaoxygen seems to be naturally absent in hypoxia-induced highly condensed chromatin, taken as a model for eukaryotic metaphase/anaphase/early telophase mitotic chromatin. We hence propose that the cyclooctaoxygen sodium-bridged spermine phosphate and selenite coverage serves as an epigenetic shell of actively transcribed gene regions in eukaryotic ‘open’ euchromatin DNA. The total herbicide glyphosate (ROUNDUP) and its metabolite (aminomethyl)phosphonic acid (AMPA) are proved to represent ‘epigenetic poisons’, since they both selectively destroy the cyclooctaoxygen sodium complex. This definition is of reason, since the destruction of cyclooctaoxygen is sufficient to bring the protection shield of human euchromatin into collateral epigenetic collapse.
A Physical Basis for the Second Law of Thermodynamics: Quantum Nonunitarity
Authors: Kastner Ruth E.
Published: January 2017

It is argued that if the non-unitary measurement transition, as codified by Von Neumann, is a real physical process, then the ‘probability assumption’ needed to derive the Second Law of Thermodynamics naturally enters at that point. The existence of a real, indeterministic physical process underlying the measurement transition would therefore provide an ontological basis for Boltzmann’s Stosszahlansatz and thereby explain the unidirectional increase of entropy against a backdrop of otherwise time-reversible laws. It is noted that the Transactional Interpretation (TI) of quantum mechanics provides such a physical account of the non-unitary measurement transition, and TI is brought to bear in finding a physically complete, non-ad hoc grounding for the Second Law.
Numerical Study on Electrical-Submersible-Pump Two-Phase Performance and Bubble-Size Modeling
Authors: Zhu Jianjun , Zhang Hong-Quan
Published: January 2017

The electrical submersible pump (ESP) is widely used in the petroleum industry to maintain high crude-oil production rate. Its performance deteriorates with the increase of gas entrainment. Previous studies showed that bubble size is an important factor affecting ESP boosting pressure under multiphase flow. In this paper, a novel indirect approach is proposed to obtain the representative bubble sizes inside a rotating ESP impeller by matching numerical-simulation results with experimental performance curves. A 3D computational-fluid-dynamics (CFD) model is implemented on a three-stage ESP geometry to simulate the pump-pressure increment under various flow conditions. By use of structured hexahedral grids and the frozen-rotor technique, the mesh independence and numerical accuracy are verified. ESP boosting pressure in single-phase simulations is found to match well with experimental data. For two-phase simulations, the Eulerian-Eulerian model is used. At low inlet gas volumetric fractions (GVFs), the numerically simulated pump-pressure increment using constant bubble sizes agrees well with experimental measurements. At higher GVFs, the simulation results deviate from experimental pump-performance curves considerably. By increasing bubble sizes, the simulated ESP performance can be tuned to match experimental results. Through this process, a bubble-size change trend with varying GVFs is obtained. A mechanistic model that is based on the maximum stable bubble in a rotating turbulent flow field is developed to correlate the CFD simulated bubble sizes. Further, numerical-simulation results incorporating the proposed bubble-size prediction model agree well with experimental data.
A Fast Graphic Approach To Estimate Hole Cleaning for Directional Drilling
Authors: Zhang Feifei , Miska Stefan , Yu Mengjiao , Ozbayoglu Evren , Takach Nicholas
Published: January 2017

In this paper, a set of charts is developed to allow drilling engineers to quickly estimate the cuttings volumetric concentration in the wellbore. The most-important parameters for hole cleaning are divided into several ranges on the basis of their sensitivity to cuttings concentration in the wellbore. A series of charts is obtained by running a hole-cleaning simulator, which is based on a large number of experimental and modeling studies of cuttings transport. The difference between the charts’ prediction results and experimental data is within 20%. Drilling engineers can quickly estimate the cuttings volumetric concentration by looking up the charts and conducting very-simple calculations.
Study of Multilateral-Well-Construction Reliability
Authors: Butler Ben , Grossmann Andreas , Parlin Joe , Sekhon Chet
Published: January 2017

Multilaterals are often cited as technology that can be implemented to maximize reservoir-recovery rates. However, few operators have been willing to put multilaterals into practice. The most frequently cited reason for not considering multilaterals is risk. Without access to data to show otherwise, it is difficult to overcome this industry perception of risk toward multilateral technology (MLT). This often leads to decisions not to run the technology on the basis of anecdotes of failed installations that occurred more than a decade ago with technology and circumstances far removed from what would be seen today. To move toward addressing this problem, the authors present a study of data from 22 years of actual multilateral-well applications, examining the true reliability of the technology.

In this study, the records of one multilateral service provider have been analyzed from more than 800 actual multilateral installations, and success and failure rates have been determined. The reliability of multilaterals has been compared with the reliability rates of other wellbore-completion and -construction technologies.

In the context of this study, reliability has been defined as the ability to successfully construct and complete a multilateral junction. Failure has been defined as the loss of either the lateral, main bore, or junction (and therefore access to both legs). Where failures have occurred, a study to determine root cause(s) has been undertaken.

MLT, which was first implemented by Alexander Grigoryan in 1953, came into modern practice in the 1990s. Although it is not failure-free, the reliability of multilateral wells has improved remarkably during the past 22 years. This improvement in reliability has occurred as the complexities of multilateral installations have increased. This paper shows that successful completion rates of multilateral junctions have improved from slightly more than 87% for the period of 1995 to 1999 (with more than 100 junctions completed) to slightly more than 98% for the period of 2010 to 2015 (with more than 220 junctions completed). This improvement is the result of continuous planning, development of and adherence to procedures, management of change, communication, and continuous improvement.

This is the first known study of multilateral reliability that encompasses a large body of data during a significant time period. The results presented should enable operators to make fact-based decisions about the reliability of MLT and about whether this technology should be considered for implementation into resource-development plans.
A Comparative Hydraulic Analysis of Conventional- and Reverse-Circulation Primary Cementing in Offshore Wells
Authors: Macfarlan K. H. , Wreden C. P. , Schinnell M. J. , Nikolaou M..
Published: January 2017

Reverse-circulation primary cementing (RCPC), a technique in which cement is pumped down the annulus, has historically been used for specialized cases as an alternative to conventional-circulation primary cementing (CCPC), in which cement is pumped down the casing and circulates up the annulus. As the potential application of this placement technique has extended to deep water, traditional conventional hydraulic analysis is insufficient because of the complex flow path required by deepwater RCPC. The focus of this study is to provide a hydraulic analysis of this flow path, to determine causes of apparent equivalent-circulating-density (ECD) reductions, and to provide operators and well engineers with simple tools to estimate the changes in ECDs throughout the casing annulus.

Investigations of the specific hydraulic considerations of RCPC have been explored and evaluated since its first applications. This analysis builds upon previously published case studies and evaluations of hydraulics for traditional RCPC in which fluids are directly injected into the annulus from surface. By use of a graphical analysis, the hydraulics of deepwater RCPC, which requires an unconventional-flow path to divert flow from the work string into the annulus below the seafloor, is evaluated and compared with conventional placement.

The results of this study can be used for an initial determination of whether RCPC will produce the desired results for a specific wellbore geometry. By developing expressions for the pressure in the casing annulus for both conventional and reverse circulation, an analytic equation for the critical depth can be derived, assuming a constant pressure drop per unit length in the casing annulus. This study also evaluates the cause of pressure differences between conventional and reverse placement and the relationship of frictional-pressure drops, hydrostatic effects, and the elimination of applied lift pressure.

If the ECD is reduced at the bottom of the hole and increased at the previous casing shoe, then there is a point between those two where the pressures in conventional and reverse circulation are equal. A critical depth analysis has previously been performed for traditional RCPC applications. For deepwater applications that take into account the unconventional-flow path, analysis in this study shows that well geometry and location of a weak zone in the formation affect which placement method results in the lowest ECDs in a targeted area. For deepwater RCPC to be effective, the weakest part of the formation should be below the determined critical depth of the well.
Compositional Simulation of Two-Phase Flows for Pipeline Depressurization
Authors: Raimondi Luigi
Published: January 2017

The simulation of multiphase flow, considered in the case of coexisting vapor and liquid phases, is an important topic in engineering for the design of oil-and-gas production and transportation facilities. This paper presents the development of a compositional approach for the dynamic calculation of multiphase flows in pipelines. This approach can be defined as “full compositional,” because the vapor and liquid phases are described by taking into account the chemical composition, presenting points of interest from both the theoretical and the practical points of view. Physical properties required are calculated at each integration timestep with the actual phase compositions instead of relying on property tables previously generated from a single constant fluid composition. With this approach, in the numerical solution of the conservative two-phase-flow equations, the congruency between the dynamic pressure, calculated by solving the Navier-Stokes equations at constant temperature, and the thermodynamic pressure of the system becomes a critical constraint.

In the numerical solution, the overall mass balance defined by means of the vapor- and liquid-phase densities is verified with respect to the mass balance of each chemical component involved, and the system pressure obtained from the solution of the momentum equations is always compared with the thermodynamic value defined by mass balance.

Of the numerous test cases created for model validation, three of them (focused on fast depressurizations) are presented and discussed. Similar examples are not available in the literature as solutions of the current “state-of-the-art” commercial pipeline simulators.
Handling Risk and Uncertainty in Portfolio Production Forecasting
Authors: Allen David P.
Published: January 2017

Stochastic modeling provides a mechanism for incorporating risk and uncertainty considerations into portfolio production forecasts. Through this process, insight is gained into the likelihood of production targets being missed, met, or exceeded. This insight enables organizations to better manage operational, positioning, and strategic planning activities around stakeholders’ production expectations. Inherent in all capital programs are numerous uncontrollable, but definable, factors that affect overall corporate production performance. These factors can be categorized into four groups: (1) timing uncertainties, (2) performance uncertainties, (3) sequencing uncertainties, and (4) risk. Timing uncertainty considers spud scheduling, spud-to-first-production cycle timing, and production-ramp-up cycle timing. Performance uncertainty considers the historical or modeled distribution of period-specific production rates within the constituent plays (e.g., What is the unavoidable range of variability within a play as depicted in a peak-normalized composite-production plot of wells within the analog population?). Sequencing uncertainty considers performance-percentile clustering or sequencing within the program (e.g., the number of top-quartile wells that are, by chance, drilled early in the year vs. later in the year). Finally, risk addresses commercial failure within a program attributed to either geology or execution, or both. By integrating historical operational data with a standardized set of play-assessment deliverables, the building blocks of a stochastic capital-program forecast and analysis are readily available. Ultimately, the use of stochastic modeling in portfolio production forecasting provides an organization's decision makers with the information necessary to examine investment and strategic decisions in the context of corporate-risk tolerance.
IDEA „KODYFIKACJI” W KULTURZE PRAWNEJ EUROPEJSKIEGO OŚWIECENIA
Authors: Sójka-Zielińska Katarzyna
Published: January 2017

Idea of the Codification in the Legal Culture of the European Enlightenment Summary In XVIII century’s Enlightenment the program of the general law reform was expressed by the idea of codification, i.e. a replacement all existing particular sources of law by a complete, all-comprehensive, uniform body of law. The formal legal code should be an ius certum providing legal security of citizens. Language of code should be clear, simple, universally understood. The code should cover all possible practical cases in order to restrict judges and prevent abuse of power. The greats works of the “enlightened” Philosophers: Montesquieu’s De l’esprit des lois, Filangieri’s La scienza della legislazione, Bentham’s Introduction to the principles of Morals and Legislation, pointed out the methods and techniques of the elaboration of a perfect set of laws.
TERMIN „PIRAT” W PISMACH CYCERONA – INWEKTYWA CZY COŚ WIĘCEJ?
Authors: Tarwacka Anna
Published: January 2017

The Term ‘Pirate’ in Cicero’s Works – Invective or More?Summary Being a remarkably acute politician, Cicero was aware of the fact that in order to discredit his opponents he had to appeal to his audience’s deepest fears. That is why he called his enemies pirates – the Romans were affraid of maritime bandits who constituted a significant threat at the Mediterranean. In his early speeches, such as Pro Roscio, Cicero used the term ‘pirate’ as an invective. In the Verrine orations piracy was one of the basic topics: Verres himself was called pirate but he was also accused of tollerating piracy and taking bribes from pirate leaders. Cicero’s most bitter enemy Clodius was called pirate in order to show that his tribunate was illegal. It was the first time when piracy was used not only as an invective but as a part of legal reasoning. It was based on Cicero’s theory that pirates were common enemies of all mankind fully expressed in the treaty De officiis.  Campaingning for the last time in his life against Antonius Cicero called him an archpirate thus giving Octavian a possibility to impunely break all the agreements with him, because only oaths given to war enemies were binding whereas those given to pirates were not sanctioned by the law of war.
LEGITYMACJA PROCESOWA UMOWNEGO ZARZĄDCY NIERUCHOMOŚCI
Authors: Jędrejek Grzegorz
Published: January 2017

Judicial Ticket of a Contractual Real Estate ManagerSummary The aim of this article is to explain all doubts referring to a judicial ticket of a contractual real estate manager, which has been legislated in a co-owners’ contract. The issue mentioned above arouses controversy in doctrine but also in judicature. One has adopted a stance in the article, that the real estate manager has got the title to bring the action before the court, which is based on the article 201 of the civil code. A contract connected with entrusting management does not deprive the owners of the rights, including claims consisting of property law. Co-owners allow third parties to carry out entitlements connected with management of a common property. The article consists of three parts. The first one contains concise deliberations about the notion of legitimization. The problem of a judicial ticket of a manager, who was legislated in a contract by co-owners of a common property (article 199-202 of the civil code) was discussed in the second part. The third part of the article is connected with a judicial ticket of a real estate manager, which was mentioned in an act of proprietorship of premises.
RODZINA I PRAWO W EGIPSKICH PAPIRUSACH
Authors: Jońca Maciej , Szarek Paweł
Published: January 2017

RODZINA I PRAWO W EGIPSKICH PAPIRUSACH
ZBYCIE RZECZY RUCHOMEJ OBCIĄŻONEJ ZASTAWEM SKARBOWYM (ZAGADNIENIA WYBRANE)
Authors: Jędrejek Grzegorz
Published: January 2017

Alienation of a Movable Asset Encumbered with Tax Lien Summary The article deals with selected problems referring to executive proceedings in administration in case of alienation of a movable asset encumbered with tax lien. A tax lien is a lien imposed in order to secure public imposts on movables assets or property rights. According to the author, legal proceedings are acceptable in order to conclude whether a purchaser of a movable asset encumbered with a tax lien should abolish enforcement of administrative decision. The basis for execution is not an executory entitlement in the analyzed administrative case, but an appropriate provision of statutory law, which is the article 848 of Civil Procedure Rules, used by way of analogy.
POROZUMIENIA, UMOWY ORAZ ZLECENIE USŁUG LUB INSTRUMENTÓW RYNKU PRACY NA GRUNCIE USTAWY O PROMOCJI ZATRUDNIENIA I INSTYTUCJACH RYNKU PRACY – KILKA UWAG DE LEGE FERENDA
Authors: Paluszkiewicz Magdalena
Published: January 2017

THE AGREEMENTS, CONTRACTS AND COMMISSIONING OF LABOUR MARKET SERVICES OR INSTRUMENTS ON THE BASIS OF THE EMPLOYMENT PROMOTION AND LABOUR MARKET INSTITUTION ACT – A FEW COMMENTS DE LEGE FERENDA.Summary The main reason for this article is legal language inconsistency occurred in The Employment Promotion and Labour Institution Act of 20 April 2004. In connection with this statute there are reasonable doubt regarding legal nature of agreements, contracts and commissions made on its ground. The Act is abounded with various and ambiguous designations for legal action brought by labour market entities and therefore may cause serious problems in the process of application of the law. The author is of the opinion that solving of this issue may have practical importance for the state and local administration in execution of labour market assignments.
ZWALCZANIE PRZESTĘPSTWA PRANIA BRUDNYCH PIENIĘDZY
Authors: Pacian Jolanta , Pacian Anna
Published: January 2017

Fighting the Crime of Money Laundering in the Context of Legal RegulationsSummary The goal of the paper is to present legal regulations preventing the crime of money laundering. Legal acts describing the crime of money laundering are the following: act of June 6, 1997 of the Criminal Code; act of November 16, 2000 on preventing the introduction into the financial turnover of property which comes from illegal or unknown sources. Appointing a special financial body called the General Inspector of Financial Information imposes new obligations on financial institutions and provides many criminal sanctions for the violation of regulations. The act concerns financial means and property coming from illegal sources, that is criminal activity, as well as from unknown sources. A systemic look at current legal regulations should make the legislator elaborate on more efficient ways of fighting the crime of money laundering.
OD TOTALITARYZMU DO HUMANITARYZMU. LITERACKIE WIZJE PRAWA RZYMSKIEGO
Authors: Kuryłowicz Marek
Published: January 2017

FROM TOTALITARIANISM TO HUMANITARIANISM. LITERARY VISIONS OF ROMAN LAW Summary In literary works the Roman law usually performs the part of the symbol of law, either just and human or bad and unfair according to needs. Those visions became one of the paths to create the notion of Roman law and its universal role in European history. The article shows such examples from the Polish literaturę For the 19th century it was characteristic to regard the history of Rome as an opposition of imperial, totalitarian and pagan state and the nascent and finally triumphing Christian Rome. In the 20th century there appears a literary symbol of Roman law as humanitarian law established by the people to fulfill free thought and justice. Such an image was born in certain times as a reaction to fascist and communist experience of totalitarian states, when Roman law – according to literary wording (L. Aragon; M. Jastrun) – for some time „ceased to exist”. Consequently we have to do with a dual literary vision of Roman law. In the totalitarian Roman state in antiquity the law served the authorities and was an instrument to achieve imperial purposes. Two thousands years later, in 20th century, Roman law confronted with totalitarian states becamea symbol of humanitarian and just law. This interesting subject is certainlyworth further investigation.
ZAKRES ZASTOSOWANIA EDYKTU ‘NAUTAE, CAUPONES, STABULARII UT RECEPTA RESTITUANT’
Authors: Kordasiewicz Stanisław
Published: January 2017

THE RANGE OF APPLICATION OF THE EDICT ‘NAUTAE, CAUPONES, STABULARII UT RECEPTA RESTITUANT’Summary This article focuses on the range of application of the edict ‘nautae, caupones, stabularii ut recepta restituant’. The regulation introduced no fault liability for things received for safekeeping by seaman and innkeepers (D. 4,9,3,1). Most scholars argue that the so called receptum nautarum was a separate guarantee contract. This interpretation limits the scope of the edict only to enforcing a contractual obligation. It seems also unfounded. The roman jurist never used the term receptum nautarum. Especially they never require entering into a separate guarantee contract as a basis for the liability of seaman and innkeepers. In their commentaries it is always recipere in the basic meaning of receiving something for safekeeping that triggers the liability. The questions discussed in the legal texts Focus only on following problems: the purpose of the edict and the necessity of entrusting the property to seamen and innkeepers (D. 4,9,1,1); who is entitled to receive the property for safekeeping (D. 4,9,1,2, D. 4,9,1,3); the question if the edict relates also to those things that are additional to the main merchandise received for safekeeping (D. 4,9,1,6); how should the property be entrusted and when the goods are seen as received for safekeeping by the seamen or innkeepers (D. 4,9,1,8); the question if the edict relates to property received only on the ship for transport or also to merchandise received on the shore (D. 4,9,3 pr). The idea of receptum nautarum being a guarantee contract is mainly based on one sentence form Ulpian commentary regarding the special actio furti adversus nautas caupones stabularios (D. 47,5,1,4). It is possible to interpret this text in a coherent way with all other fragments that connect the liability of the entrepreneurs with the mere fact of receiving something for safekeeping. As a result of this study it is plausible to assume that the praetor addressed in the new regulation the problem of merchandise entrusted to seamen and innkeepers without any legal guarantee. It is certain that from the first century A.D. the liability of discussed entrepreneurs was based only on the fact of receiving goods for safekeeping.
‘DAMNATIO AD BESTIAS’ – RODZAJ KARY ŚMIERCI CZY SPOSÓB JEJ WYKONANIA?
Authors: Kubiak Przemysław
Published: January 2017

‘DAMNATIO AD BESTIAS’ – KIND OF DEATH PENALTY OR MODE OF EXECUTION? Summary Damnatio ad bestias was one of the most amazing institutions of Roman criminal law. It was closely connected to gladiatorial games and this relation caused and influenced its dynamic and complex nature. The goal of this paper is to answer the question about the legal characteristic of damnatio ad bestias, whether it was a kind of death penalty or only a mode of its execution. On the basis of legal sources one can affirm that, at least in the roman jurists’ opinion, damnatio ad bestias was a poena, although sometimes it was omitted in the legal catalogs of penalties used in the field of Roman criminal law. This fact may be reasonably explained by the nature of this punishment – it depended on organization of the games with wild animals, so not everywhere there was appropriate infrastructure and necessary beasts. On the other hand, texts describing this penalty, mostly concerning martyrdom of Christians, may suggest that it was a mere mode of execution. But as it seems, these sources refer to the moment of infliction of damnatio ad bestias and other aggravated forms of death penalty, like burning alive and crucifixion, and to the governors’ jurisdiction. All these three penalties were interchangeable accordingly to the circumstances, which fact may create an idea that they were only forms of execution.
UWAGI NA TEMAT PROCEDURY ‘OBNUNTIATIO’
Authors: Loska Elżbieta
Published: January 2017

SOME REMARKS ON THE ‘OBNUNTIATIO’ PROCEDURESummary The relation between law and religion that existed in Rome before the foundation of the City appeared especially strong towards the end of the Republic. It seems that the reason behind was the possibility of using the religious measures to achieve a political effect. One of the measures was obnuntiatio – a possibility to announce prohibitive signs, connected with auspicia. There were certain leges, through which the use of obnuntiatio was controlled – lex Aelia, lex Fufia and lex Clodia. There is now only a limited possibility to settle the exact content of the leges and their relations to one another. But undoubtedly this procedure was a dangerous political tool when misused in a conscious way.
CHARAKTER ZAKAZU ALIENACJI NIERUCHOMOŚCI POSAGOWYCH W RZYMSKIM PRAWIE KLASYCZNYM
Authors: Stępkowska Agnieszka
Published: January 2017

LEGAL CHARACTER OF THE PROHIBITION AGAINST ALIENATION OF DOWRY IMMOVABLES IN THE CLASSICAL ROMAN LAWSummary The well known lex Iulia de fundo dotali prohibited alienation of a Italian land being part of a dowry without women’s consent. The very meaning of this prohibition attracted very much attention of the Roman law scholars in the 20th century. The problem was as follows: was the disposition in breach of the lex Julia null and void (absolute nullity), or was it only voidable by the woman (respective nullity) after the dissolution of her marriage. The later opinion seems to be dominating in 20th century writings on Roman law, since Pierre Noailles had advocated it in his book L’inaliénabilité dotale et la Novelle 61 (Grenoble, 1919). It was subsequently affirmated by such emminent authors like Fritz Pringsheim or Paul Koschaker and became ‘canonic’ oppinion among Roman law scholars. The problem in itself was alien to Romans knowing no difference between absoluteand respective nullity of a disposition, but it looks like, virtual position of Romanlaw in this respect, was not the most attractive to modern scholars. The present paper re-considers the issue taking slightly different departurepoint to that of Noailles and his followers. In the first instance, the category of leges – as regards sanctio of their prohibitory provisions – to which the lex Iulia de fundo dotali belongs is settled. Than the issue, who is entitled to vindicate the land alienated in breach of the lex Iulia, is analysed as well as possibility of convalidation of the invalid disposition. Finally it is considered, whether the statutory provision affected only real transfer of property or it frustrated already husband’s very ability to make a valid contract of sale. In effect, the argument of the present paper is as follows: alienation fundi dotalis without wife’s consent, was beyond any reasonable doubt null and void. Being still the owner of illegally alienated immovables, the husband was bound to vindicate them. For that very reason, he was not able to transfer free and unimpeded possession of the land to the unfortunate purchaser. Consequently, it was not only alienation of the land in dowry, which was null and void by virtue of the lex Iulia de fundo dotali, but also the very contract of it’s sale. Above findings require, the theory of “relative nullity” (i.e. voidability or rescindibility), as advocated by Noailles, Prinzheim and Koschaker, is to be rejected.
PRAWO JURYSPRUDENCYJNE JAKO PRAWNICZY DYSKURS ARGUMENTACYJNY (ZARYS PROBLEMATYKI)
Authors: Święcicka Paulina
Published: January 2017

Jurists Law as Argumentative DiscourseSummary A preeminent role of jurists in creation of Roman law has been many times underlined and sketched in the modern Romanist’s literature. Most of activities in which jurists engaged fall within the scope of what is named “the Jurists law” –“Juristenrecht”, i.e. the law that has been developed through the activity of the legal experts – the Roman jurists. Therefore the nature of this type of law can perhaps be determined on the best way by description of the main activity of these experts – for Roman Antiquity it means the group of secular representatives of Roman jurisprudence of the pre-classical and classical periodes, considered the era largo sensu in which the Roman law reached its highest development. This activity, aside from cavere and agere, consisted in respondere, i.e. to answer to questions concerning legal problems, and, in that way of explaining the law or – in other words – by means of interpretation – to create new rules, forming in time a great legal corpus. In this sense the interpretatio was to be considered the equivalent of the ius civile (Pomp. lib. sing. enchir. D. 1,2,2,12; Cic., De off. 3,16,65), as well as it was to be contrasted with enacted law. Nevertheless, it is in fact out of the question that such interpretation may denote the entire influence of the Roman jurists upon the development of the law. Several factors of the fundamental significance for existence and development of the Jurists law in Roman Antiquity can be indicated, such as: the continued existence of a group of individuals dedicated to law, and its application; the “personalized” education in law, as well as the scientific literature and techniques of reasoning received by the representatives of the Roman jurisprudence; and finally – the freedom of discussion and disputation that has been absolutely in favor of the divergence of opinions and contradictions of solutions of legal problems that lead to the phenomena of the ius controversum. On the other hand, a particular uncertainty and unpredictability of the Jurists law has to be mentioned as an unavoidable outcome of such broadly understood freedom of contradictory opinions and discursive way of its formation. It was a peculiar aspect of the Jurists law and for this evaluation of no importance is that Ancient Romans appreciated such uncertainty, or – being familiar with controversies – regarded it as a normal feature of the law, because for them it was a jurist – not a “legislator” who worked out a rule of law and determined its application. All these give the basis to propose the thesis about the possibility of speaking about the Jurists Law as an argumentative discourse provided by professionals and operated in connection with some principles and rules that may or should be determine
PRAWO NA LITWIE NA PRZEŁOMIE XVIII I XIX WIEKU
Authors: Godek Sławomir
Published: January 2017

LAW IN LITHUANIA AT THE TURN OF THE 19TH CENTURY Summary In the Polish and international literature, there is an almost complete absence of work which covers the issue of the history of the Third Statute of Lithuania after the Partitions of the Commonwealth directly, as a separate research problem. On this issue, there are only hints in papers of extremely different natures on the widest variety of specific questions. There is a long way to go before we have a reasonably complete image of the fate of the Statute in the post-Partition era. It would seem that papers on this question should move in a number of basic directions. The starting point should be a comprehensive study of the legal acts issued after the Partitions for the Lithuanian and Rus lands of the former Commonwealth, in order to track the changes which introduced them to the law of the time. One great challenge will be to understand judicial practice in the West and Northwest guberniyas in the Empire. It would also be worth looking more closely at the codification work conducted in the Białystok Region which gave rise to the drawing up of a project based on the Lithuanian Statute. In the same context, it is also worth studying the almost unknown Polish work on the Western Code drawn up in the years 1830-1837. One crucial issue which is still waiting for a researcher is the role of the Third Lithuanian Statute in legal teaching in the eastern territories of the former Commonwealth at the turn of the 19th century, and especially in centres like Vilnius, Krzemieniec and Połock.
MECHANIZM PROCESOWY ‘WAIVER OF TORT’ W ŚWIETLE PRZEMIAN ANGIELSKIEGO ‘COMMON LAW’
Authors: Halberda Jan
Published: January 2017

THE DOCTRINE OF WAIVER OF TORT IN THE LIGHT OF ENGLISH COMMON LAW TRANSFORMATIONSummary The waiver of tort was a legal fiction that enabled a plaintiff to sue in quasi-contract in lieu of tort. This was a common law doctrine that resulted from the domination of procedural rules over substantive ones. Each of medieval writs initiated peculiar proceedings that had been drafted specially for separate causes of action. As this proceedings differentiated between themselves, plaintiffs attempted to use those writs that restricted the scope of applicable defenses. Hence one of the most popular actions was a quasi-contractual formula named “indebitatus assumpsit for money had and received”. As compared with the tort actions this formula enabled plaintiff to avoid consequences of “actio personalis moritur cum persona” rule and shortened periods of limitation. That is the reason why plaintiffs attempted to apply the quasi-contractual remedy against tortfeasors. The waiver of tort doctrine took its name from the fiction that an injured party waived his rights based on tort and approved all acts performed by a tortfeasor. In consequence the former party was authorized to sue the latter in quasi-contract. As the forms of action had been abolished in late 19th century, lawyers began to perceive “waiver of tort” as a misnomer and started to focus rather on the fact that from one cause of action separate remedies might arise. The change of this attitude was possible due to transformations that took place in common law. The procedural rules ceased to dominate over the substantive ones.