bluuebunny/crossref_metadata_2025_split huggingface dataset:
The legal nature of a lien in South African law
Authors: Wiese M 
Published: March 2015

The South African law acknowledges two types of liens or rights of retention, namely enrichment liens and contractual liens (also known as debtor and creditor liens). Enrichment liens are regarded as limited real rights which are enforceable against the owner of the thing. Contractual liens are not regarded as limited real rights: sometimes they are referred to as personal rights which are enforceable only inter partes. Thus, a lien is classified as a right (subjektiewe reg) (ie a real right or a personal right). This article reflects on the correctness of this classification of liens. The term "right" can have various meanings and the aim of this article is to determine the exact meaning of the term "right" in the context of "right of retention". In my opinion a lien is not a right. I therefore reject the classification of liens into contractual liens and enrichment liens with its concomitant consequences. A lien is a defence against an owner's rei vindicatio in that it allows a creditor (a lienholder) to retain control of the owner's thing until the debt has been paid. Because the law grants a defence to a creditor in control of a thing, the owner cannot succeed with her rei vindicatio. A distinction should be drawn between an entitlement that flows from a right (it describes the content of the right) and a competency or capacity which emanates directly from the law. A lien is not an entitlement flowing from a lienholder's personal right - based on a contract or an enrichment claim - against the debtor. It is rather a capacity to withhold because the law grants this defence. The term "capacity" is not used in a technical sense but rather in the context of the ability to withhold, which is granted by the law.
An argument for South Africa's accession to the optional protocol to the international covenant on economic, social and cultural rights in the light of its importance and implications
Authors: Viljoen F , Orago N 
Published: March 2015

The universality, indivisibility, interdependence and interrelatedness of all rights have been universally acclaimed since the drafting in 1948 of the Universal Declaration of Human Rights. However, despite the doctrine of indivisibility, civil and political rights (CPRs) have for a long time been treated as being enforceable judicially at the national, regional and international levels, while socio-economic rights (SERs) have not. With the elaboration and adoption of an Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR), which mandates the Committee on Economic, Social and Cultural Rights (CESCR) to consider individual communications detailing the violations of SERs, the justiciability of SERs was also fully recognised at the international level.This paper undertakes an analysis of the importance and implications of the individual communications procedure under the OP-ICESCR and details some of the reasons why it would be beneficial for South Africa to accede thereto. The argument for accession by South Africa to the OP-ICESCR departs from the premise that South Africa's ratification of the ICESCR is imminent. Having signed the ICESCR on 3 October 1994, the South African Cabinet on 10 October 2012 decided that South Africa should ratify the Covenant. The authors argue that acceding to the OP-ICESCR will complement domestic protection and will confirm South Africa's global leadership in the field of justiciable SERs. Logic dictates that South Africa should confirm at the international level its position as a world leader on the national justiciability and legal enforcement of SERs, as indeed it has done during the drafting process of the OP-ICESCR. Accession to OP-ICESCR, the argument continues, will not detract from the country's sovereignty, especially in the light of the requirement of the exhaustion of domestic remedies, including the condition that applicants must show that they have suffered a "clear disadvantage". In any event, South Africa already has undertaken obligations as to SERs under regional human rights treaties that are equal to and in some respect more arduous than the obligations emanating from the ICESCR.
Property in insolvent estates – Edkins V registrar of deeds, Fourie V Edkins, and Motala V Moller
Authors: Evans RG , Steyn L 
Published: March 2015

The question of the ownership of property which vests (by virtue of sections 20(1) and 21(1) respectively of the Insolvency Act 24 of 1936) in the Master and, upon appointment, in the trustee of the insolvent estate, has been the source of academic debate and conflicting court judgments over a lengthy period. It was thought that the question had been finally settled by the (then) Appellate Division in De Villiers v Delta Cables (Pty) Ltd 1992 1 SA 9 (A), which concerned property belonging to the solvent spouse (as defined in section 21(13)), where it was held that ownership passes to the Master and subsequently the trustee. This was accepted by the Constitutional Court for the purposes of its judgment in Harksen v Lane 1998 1 SA 300 (CC). However, recent judgments, in Edkins v Registrar of Deeds, Johannesburg 2012 6 SA 278 (GSJ) and, on appeal, Fourie v Edkins 2013 6 SA 576 (SCA), have seemingly again opened up the question for debate, particularly in view of the fact that the Supreme Court of Appeal in Fourie v Edkins ignored its own precedent on this issue. These two judgments concerned property registered in the name of the insolvent. In a third recent judgment, in Motala v Moller (GSJ) unreported case number 32654/11 (GSJ) of 11 September 2013 (copy on file with authors) concerning property which had belonged to the solvent spouse at the time of the sequestration of the estate of her husband, the court regarded section 25(4) of the Insolvency Act as countering the precedent established by De Villiers v Delta Cables. In this article, each of these three judgments is analysed and criticised.
Frontiers of change and governance in contractual agreements: The possible role of exploitation - Uniting Reformed Church De Doorns v President of the Republic of South Africa 2013 5 SA 205 (WCC)
Authors: Hawthorne L 
Published: March 2015

In the South African common law of contract there appears to be support for the open norm of public policy as a general clause to ameliorate the effects of unfair contracts and terms which are contrary to public policy. The courts have on several occasions held that contracts or terms would be regarded as contrary to public policy had they come about where the parties were in an unequal bargaining relationship and this inequality was linked with another factor(s). In this case note it is argued that the element of unequal bargaining position may be contrary to public policy if it is linked with exploitation as the other factor. The element of exploitation was highlighted in the recent court decision of Uniting Reformed Church, De Doorns v President of the Republic of South Africa 2013 5 SA 205 (WCC). In this case the applicant church owned three properties on which were three schools under the control of the State. The church and the State had concluded 20-year notarial leases in respect of each of the properties. A term in the contract provided that after the expiration of the lease period the church would transfer the properties to the State free of charge. After the expiration of the leases the State demanded the transfer of the properties. The church disputed the claim, averring that the term was unenforceable because the parties had been in an unequal bargaining position and that the enforcement of the term constituted expropriation in contravention of the property clause of the Constitution. It is submitted that expropriation without compensation is not only contrary to section 25 of the Constitution but constitutes exploitation. It is suggested that where exploitation results from an unequal bargaining relationship it provides the "further factor" that, together with the inequality in bargaining power, is sufficient to establish that the term or contract is in conflict with public policy. This contributes to giving meaning to the term "public policy". To support this argument, reference is made to the German Civil Code, the Swiss Civil Code, consumer protection legislation and the philosophy of Wertheimer.
Defamation on facebook: Isparta V Richter 2013 6 SA 529 (GP)
Authors: Roos A , Slabbert M 
Published: March 2015

Litigation involving social media is still very new in South Africa and only a few reported cases can be found. In this case discussion, a brief overview is given of the few cases already reported, but in the main the case of Isparta v Richter 2013 6 SA 4529 (GP) is discussed. In this case a South African court for the first time awarded damages to the plaintiff for defamatory comments made on Facebook. The questions that confronted the judge were whether the alleged defamatory statements did indeed relate to the plaintiff and whether the comments, individually or collectively, could be considered defamatory. The issue whether the "tagging" of another user of Facebook makes that user liable for the defamatory comments of the tagger is also addressed in the case. The case discussion concludes with a reference to other issues that could play a role in litigation involving Facebook, namely the Electronic Communications and Transactions Act 25 of 2002 and foreign law.
La dimensión cognitiva y la adaptación a sus modelos de revitalización económica y urbana. El caso de la industria creativa del software en la Zona Metropolitana de Guadalajara
Authors: Canobbio Rojas Claudia , González Romero Daniel 
Published: March 2015

El advenimiento de la dimensión cognitiva y creativa en la actividad económica, significa una reconceptualización y reevaluación de la lógica espacial de la economía y la geografía urbana en el mundo moderno. La proliferación de agendas económicas y urbanas orientadas hacia la producción de los nuevos espacios para la economía creativa global, trae consigo un nuevo urbanismo de la creatividad que se proyecta como base estratégica de una era de revitalización económica y urbana a nivel internacional. Se analiza el estudio de caso de la industria de software de la Zona Metropolitana de Guadalajara debido su la relevancia, contextual y temporal, a partir de su clasificación como una industria creativa.
L’arribada de la dimensió cognitiva i la creativitat de l’activitat econòmica significa una reconceptualització i reavaluació de la lògica espacial de l’economia i la geografia urbana en el món modern. La proliferació d’agendes econòmiques i urbanes orientades cap a la producció de nous espais per l’economia creativa global, porta ella mateixa un nou urbanisme de la creativitat que es projecta com a base estratègica d’una era de revitalització econòmica i urbana a nivell internacional. Metodològicament es recurreix a la investigació documental com estratègia per l’anàlisi i reflexió sistemàtica sobre el desenvolupament de la fenomenologia; tenint com a finalitat aconseguir resultats entorn l’estudi de cas de la indústria de software de la Zona Metropolitana de Guadalajara en el seu procés de cerca d’un model de desenvolupament ad hoc, així com per la seva rellevància contextual i temporal, a partir de la seva classificació com una indústria creativa.
The advent of cognitive and creative dimension in economic activity means a rethinking and a reassessment of the spatial logic of economics and urban geography in the modern world. The proliferation of economic and urban agendas geared towards the production of new spaces for the global creative economy brings new Urbanism, projecting creativity as a strategic base in an era of economic and urban regeneration in an international level. Methodologically draws on desk research as a strategy for the analysis and reflection on the development of phenomenology. The main purpose is to achieve results on the study case of the software industry in the Metropolitan Zone of Guadalajara in its process of searching for an ad hoc model of development, as well as its contextual and temporal relevance as a creative industry.
Emergency Allotments in SNAP and Food Hardship Among Households With Children
Authors: Austin Anna E. , Sokol Rebeccah L. 
Published: August 2024

ImportanceHouseholds with children and minoritized racial and ethnic groups experience a disproportionate burden of food hardship. During the COVID-19 pandemic, the US federal government implemented emergency allotments in the Supplemental Nutrition Assistance Program (SNAP), increasing the amount of food purchasing assistance received by many participating households.ObjectiveTo examine the association of implementing emergency allotments in SNAP with food hardship among households with children overall and for households with Black, Hispanic, and White children by comparing income-eligible households that did and did not participate in SNAP.Design, Setting, and ParticipantsThis ecologic cross-sectional study used 2016-2022 National Survey of Children’s Health data and a difference-in-differences approach to compare changes in the risk of food hardship from before implementation of emergency allotments in SNAP (2016-2019) to during implementation (2020-2022). Households with children younger than 18 years and incomes 130% or less of the federal poverty level (FPL) in all 50 states and Washington, DC, were included.ExposureImplementation of emergency allotments in SNAP.Main Outcome and MeasuresThe primary outcome was caregiver report of household food hardship during the past 12 months.ResultsOf 44 753 households with incomes 130% or less of the FPL, a weighted 23.4% had Black children, 56.7% had White children, and 19.9% had children of other races. More than one-third of households (37.8%) had Hispanic children, and 31.8% had young children aged 0 to 5 years. The percentage of households that experienced food hardship decreased from 2016 to 2021 (from 62.9% to 48.2% among SNAP-participating households and from 44.3% to 38.9% among income-eligible nonparticipating households) but increased in 2022 (to 58.0% among SNAP-participating households and to 47.5% among nonparticipating households). Adjusting for confounders, implementing emergency allotments in SNAP was associated with a decreased risk of food hardship among SNAP-participating compared with nonparticipating households (risk ratio [RR], 0.88; 95% CI, 0.81-0.96). Implementing emergency allotments in SNAP was associated with a decreased risk of food hardship among SNAP-participating households with Hispanic (RR, 0.86; 95% CI, 0.72-1.02) and White (RR, 0.85; 95% CI, 0.76-0.94) children compared with nonparticipating households but not among households with Black children (RR, 1.04; 95% CI, 0.87-1.23).Conclusions and RelevanceIn this ecologic cross-sectional study, implementing emergency allotments in SNAP was associated with a decreased risk of food hardship among households with children. Efforts are needed to ensure that all populations benefit from economic policies.
Thermal Expansion Challenges and Solution Strategies for Phase Change Material Encapsulation: A Comprehensive Review
Authors: Xu Mingjian , Shi Chenwu , Li Peihang , Guo Xiaojie , Wang Binghui , Zou Deqiu 
Published: August 2024

AbstractPhase change materials (PCMs) have attracted increasing attention due to their efficient heat storage capability and small temperature fluctuation. And encapsulation has been recognized as an effective method to solve issues such as corrosion and leakage. For a long time, restricted by thermal expansion, encapsulation of PCMs has remained in the low‐temperature field and liquid‐state coating. In recent years, with the expansion of PCMs encapsulation into the medium and high temperature field and the development of solid‐state coating technology, encapsulation methods that consider thermal expansion have greatly improved the cycle life of encapsulated PCMs and make solid‐state coating of medium and high temperature PCMs possible. Herein, first, this paper summarizes the thermal expansion rates of common core and shell materials, as well as the thermal expansion behavior and stress analysis within confined spaces, proposing the necessity to solve thermal expansion issues. Subsequently, the solution strategies for solving thermal expansion issues in both macrocapsules and microcapsules are introduced. On this basis, the advantages and disadvantages of each strategy have been compared, and the applications of encapsulated PCMs after resolving thermal expansion issues have been introduced. Finally, the current issues, corresponding solutions, and future research directions have been put forward.
Transferred Chiroptical Transitions in Chiral Binaphthyl /π‐Conjugated Polymer Hybrid Films: Significance of Aromatic Solvent‐Mediated Co‐Crystallization
Authors: Lee Hanna , Takele Wassie M. , Kwon Jong Ik , Choi Changsoon , Kim Danbi , Cho Jeong Ho , Habteyes Terefe G. , Lim Jung Ah 
Published: August 2024

AbstractFor advancing next‐generation optoelectronics, a versatile strategy for fabricating π‐conjugated polymer (π‐CP)/chiral‐small molecule (SM) hybrid films through co‐crystallization‐mediated chirality transfer is reported. The transfer of optical chirality from 1,1′‐binaphthyl–2,2′‐diamine (BN), a representative chiral inducer SM, to thin films of various achiral π‐CPs, including non‐fluorene π‐CPs, is achieved by simply blending the π‐CPs with BN using aromatic organic solvents. The resulting π‐CP/chiral‐SM hybrid films exhibit chiroptical responses at the main electronic absorption bands of various π‐CPs. Studies of the morphology, crystalline structure, and phase‐separation structure of a representative hybrid system of poly(3‐hexylthiophene) (P3HT) and BN reveal that these hybrid films exhibit a characteristic lamellar structure where the π‐CPs co‐crystallize with chiral BN molecules, facilitated by aromatic solvent‐assisted intermolecular π–π interactions. In‐depth photophysical analysis suggests that BN molecules co‐crystallized in the P3HT lamellar structure induce asymmetrically misaligned transition dipoles along the P3HT conjugated backbone, transferring optical chirality from BN to P3HT under circularly polarized light illumination. As a proof‐of‐concept, chiroptical photodiodes based on π‐CP/chiral‐SM hybrid films and printed micropatterns, exhibiting a distinguishable photocurrent response depending on the direction of circularly polarized light are successfully demonstrated.
3D Printed Miniaturized Magnetic Actuator for Micro‐Area Temperature Sensing
Authors: Peng Sida , Sun Shengzhi , Zhu Yi , Qiu Jianrong , Yang Huayong 
Published: August 2024

AbstractActuators containing sensors are developed for various applications. However, it is still challenging to equip miniaturized high‐precision sensors with actuators at the micrometer scale to achieve micro‐environment detection. Here, a two‐in‐one processing strategy to construct a sensor‐equipped magnetic actuator (SEMA) is proposed. The design of magnetic actuators is continuously optimized to achieve less resistance and faster acceleration. Besides, the temperature‐dependent properties of semiconductor quantum dots (QDs) are used to fabricate the temperature‐sensitive unit (TSU), with a sensitivity of up to 111 pm °C−1. Finally, as a proof of concept, the real‐time temperature detection of arbitrary micro‐area in microchannels is achieved. This method of equipping sensors with microactuators will bring many potential applications in microenvironment sensing, micro‐mechanical manipulating, and microcargo transporting.
Synthesis of Ladderanes by Nickel‐Catalyzed Cyclodimerization of Allenynes: Scope and Mechanism
Authors: Nieto‐Carmona Juan C. , Quirós M. Teresa , Arribas‐Álvarez Iván , Pérez‐Maseda Fernando , van der Kolk Marnix R. , Martín Castro Ana M. , Labrador‐Santiago Jorge , Buñuel Elena , Cárdenas Diego J. 
Published: August 2024

AbstractWe have developed a Ni‐catalyzed cyclodimerization of 1,6‐allenyenes which affords pentacyclic derivatives containing a [3]‐ladderane. Six new carbon‐carbon bonds are formed in a single operation which is fully atom‐economical. The reaction proceeds with an inexpensive catalyst and shows a broad scope in the alkyne, the allene and the tethering group. A computational and experimental study on the reaction mechanism suggests that this process proceeds by oxidative cyclometallation of the allenyne coordinated to Ni(0) followed by reductive elimination leading to cyclobutenes. Then, two of these molecules are coupled following a related cyclometallation‐reductive elimination sequence, the latter being the rate‐limiting step.
Rhodium Catalysts Based on Phenyl Substituted Cp Ligands for Indole Synthesis via Oxidative Coupling of Acetanilides and Alkynes
Authors: Kharitonov Vladimir B. , Muratov Dmitry V. , Rodionov Alexey N. , Nelyubina Yulia V. , Navasardyan Mher A. , Nechaev Mikhail S. , Loginov Dmitry A. 
Published: August 2024

AbstractRhodium‐catalyzed oxidative coupling of acetanilides and alkynes via C−H activation is the most powerful synthetic tool for producing the indole motif from commercially available precursors. However, this reaction usually requires large catalyst loadings (5 mol% of rhodium). In this study, a 1,2‐diphenylcyclopentadienyl ligand‐based catalyst was developed that works well at 1 mol% loading of rhodium. DFT calculations of the C−H activation step provided insight into its high catalytic activity. The catalyst efficiency was also demonstrated in the synthesis of naturally occurring isocoumarins, such as polygonolide, tubakialactone B and penicimarine F. The developed catalytic protocols tolerate a wide range of functional groups, for example, halide, nitro, hydroxy, and alkoxy.
Insights on SEI Growth and Properties in Na‐Ion Batteries via Physically Driven Kinetic Monte Carlo Model
Authors: Hankins Kie , Putra Miftahussurur Hamidi , Wagner‐Henke Janika , Groß Axel , Krewer Ulrike 
Published: August 2024

AbstractSodium‐ion batteries (SIBs) show promise for the next generation of energy storage technology but face significant challenges in regards to stability due in part to uncontrolled degradation of the solid electrolyte interphase (SEI). Kinetic Monte Carlo (kMC) modeling is uniquely suited to provide molecular‐scale insight on the phenomena that influence SEI growth and behavior in SIBs over full charge. In this work, spatially‐ and time‐dependent electrical potential is incorporated into kMC modeling for the first time, which enables the precise study of electrochemical reactivity and SEI growth during charging. A reaction network for a carbonate/NaPF6 electrolyte developed using density functional theory is used to power the kMC simulations. The decomposition of NaPF6 and formation of NaF is unfavorable at standard conditions, suggesting that water or other contaminants are required to facilitate the reaction. The SEI is shown to be primarily made of Na2CO3. SEIs with low electric conductivities exhibit the most ideal behavior and high C‐rates generate thinner SEIs with greater fractions of organic species. Dissolution of SEI species is shown to occur rapidly, even during formation. The results of the model correspond well to the SEI behavior known in the literature, and reveal the fundamental mechanisms that influence cell behavior.