bluuebunny/crossref_metadata_2025_split huggingface dataset:
Economic and Legal Framework
Authors: Sester Peter 
Published: May 2022

Abstract
Brazil is characterized by strong contrasts and sometimes ambiguities that are reflected in almost every aspect of society, including its economy and the law. For business persons and foreign investors, it is important to know that Brazil is, compared to the USA or the UK, a country that still believes in a strong state. Hence, it is rather sceptical towards entrepreneurship and, thus, party autonomy and its flipside the market and economic freedom. Supreme Court Justice Luís Felipe Borroso recently wrote ‘[i]t is necessary to overcome the distrust that still exists in Brazil regarding entrepreneurship and private initiative’. In the light of these circumstances the purpose of this chapter is twofold. First, it will provide a brief analysis of Brazil’s economy and the anatomy of its legal system, especially from a comparative law perspective. This background will facilitate an understanding of the subsequent chapters. Part of this overview aims to rank Brazil’s position on a sliding scale from interventionism to liberalism. Second, it reports the state of Brazil’s integration into international organizations and its adherence to international treaties relevant for doing business and investing.
Recovery and Insolvency Law
Authors: Sester Peter 
Published: May 2022

Abstract
Brazilian insolvency law was substantially reformed at the beginning of this century. By means of Law 11,101/2005 (RIL) the legislator changed priorities in favour of preserving distressed enterprises by means of recovery proceedings. This chapter will focus on recovery measures and the priority rights of creditors, especially those of secured lenders. Furthermore, we will discuss the recently adopted provisions on DIP Finance. The RIL was inspired by Chapter 11 of the US Bankruptcy Code. In 2020 the RIL was revamped by means of Law 14,112/2020, which introduced a chapter on transnational insolvency and provisions on financing recovery efforts. The new provisions on transnational or cross-border insolvency were closely modelled on the respective UNCITRAL Model Law.
The Nature of ‘Agency’
Authors: Munday Roderick 
Published: May 2022

Abstract
This chapter begins with the definition of agency by the American Law Institute’s Restatement of the Law, which describes agency as the fiduciary relationship that arises when one person or principal manifests assent to another person or agent. It explains that the agent acts on the principal’s behalf and subject to the principal’s control, and the agent manifests assent or otherwise consents to the act. It also analyzes the different forms of agency that illustrate individuals and entities whose activities that are not governed by the law of agency. The chapter talks about an agent that do not normally fulfil the classical criteria of agency when selling properties for clients. It looks at the problem of distinguishing between true cases of agency and other legal relationships.
The Agent’s Liability for Breach of Warranty of Authority
Authors: Munday Roderick 
Published: May 2022

Abstract
This chapter discusses the agent’s privilege to incur personal liability to the third party if he acts without. It explains the action for breach of warranty of authority that lie whenever the agent represents to a third party that he has authority to act on behalf of a principal. It also describes an agent who has apparent authority to act that may still be held liable on his warranty of authority as he is still falsely promising that he has actual authority. The chapter recounts the case of Rainbow v Howkins wherein an auctioneer mistakenly knocked down a horse to a bidder at a price below the reserve set by the principal. It refers to the breach of warranty of authority, which can occur irrespective of whether the agent was at fault in maintaining that he had authority to act.
Legal Relations between Principal and Agent: Rights of the Agent against the Principal
Authors: Munday Roderick 
Published: May 2022

Abstract
This chapter considers an agent that owes a veritable constellation of duties towards the principal, wherein the principal’s corresponding duties towards his agent are more restricted. It analyzes three principal rights enjoyed by the agent: remuneration, indemnity, and lien. It also explains that remuneration is a term of the contract in which the agent will be entitled to remuneration in accordance with what the parties have expressly or impliedly agreed in their contract. The chapter clarifies that indemnity entitles an agent to be indemnified for expenses incurred by him and losses occasioned to him in the performance of his agency, while lien is the agent enjoys a possessory lien over his principal’s property. It reviews the agent’s right to be remunerated, which is determined by the express terms of the contract between principal and agent.
The Tortious Liabilities of Principal and Agent
Authors: Munday Roderick 
Published: May 2022

Abstract
This chapter discusses how both principal and agent may incur personal liability for torts they commit, wherein the liabilities of principals for the torts of their agents overlap to a considerable degree with the liability of an employer for the torts of his employee. It addresses questions on what precise circumstances a principal will be held liable for tortious acts of his agent that harm third parties. It also explains how an agent is personally liable for torts he commits in the course of his agency that occasion damage to a third party. The chapter talks about how an employee or agent may not be held personally liable for actions which otherwise might carry tortious liability. It describes the agent’s tortious liability flows from a negligent misstatement.
Legal Relations between Agent and Third Party
Authors: Munday Roderick 
Published: May 2022

Abstract
This chapter talks about an agent acting for a disclosed principal that normally can neither sue nor be sued by the third party on contracts he has concluded on behalf of that principal. It covers the object in bringing the principal and third party into direct contractual relations in cases of disclosed agency. It also describes an agent that can exceptionally acquire rights and incur liabilities under his principal’s contract either under the terms of the contract he has concluded on the principal’s behalf, or under a collateral contract. The chapter cites exceptions to the general rule that an agent does not customarily acquire rights or incur liabilities under his principal’s contract. It discusses how an agent may expressly agree to incur personal liability and acquire rights under contracts he makes with third parties.
Shipping Documents Issued Before Shipment
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter discusses the shipping documents issued before the shipment of goods. It is customary in the carriage of goods by sea for contractual negotiations to take place sometime before shipment, well before the goods carried are brought alongside the designated vessel for shipment or stuffed in a container at an inland destination. Liner booking notes are ordinary documents of carriage which are not, in law, generally considered as documents of title. Once the goods arrive at the ship’s side, various parties, including the carrier, the shipper, the receiver, or stevedoring company, will have employees on hand to verify the loading and unloading of cargo to and from the ship’s side. During and as a result of the loading and discharging, the tallies taken are recorded in tally sheets (or books) and tally clerk’s receipts completed. The chapter then looks at mate’s receipts and cargo manifests. The normal rule, in the absence of provision to the contrary, is that the person in possession of the mate’s receipt is prima facie entitled to the bills of lading.
The Hamburg Rules
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter evaluates the Hamburg Rules, starting with a background of its drafting by the United Nations Commission on International Trade Law (UNCITRAL). The Hamburg Rules comprises 34 articles and a Common Understanding. The chapter then considers the core provisions of the Rules which are different to the Hague and Hague-Visby Rules. Article 2(1) of the Hamburg Rules provides that the Rules apply to inbound and outbound contracts of carriage by sea between two different states, or if ‘one of the optional ports of discharge provided for in the contract is the actual port of discharge and is in a contracting state’, or if the bill of lading ‘or other document’ is issued in a contracting state or provides that ‘the provisions of the Convention or the legislation of any State giving effect to them are to govern the contract’. The Rules do not apply to coastal voyages, although it is likely that a contracting state will make them applicable to coastal trades.
The Scope and Application of the Hague and Hague-Visby Rules
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter addresses the scope and application of the Hague and Hague-Visby Rules. Article II of the Hague and Hague-Visby Rules, provides that: ‘Subject to the provisions of Article VI, under every contract of carriage of goods by sea the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth’. This provision sets out the ‘temporal’ coverage of the Rules, embracing the carrier’s obligations from ‘loading’ to ‘discharge of such goods’ and spells out the relationship between the carrier and the shipper of the goods, namely the carriers’ responsibilities and liabilities and entitlement to certain rights and immunities. This also points to the fact that the Rules are intended to be a complete and self-contained code. Thus, the Rules constitute the complete basis on which the contracting parties’ contract with each other. The Rules attach to a ‘contract of carriage’ and apply when such a contract falls within the ambit of the Rules, namely when the carriage relates to carriage of goods by sea.
Seaworthiness and Care for Cargo
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter explains seaworthiness and care for cargo. In every contract of affreightment, except where the Carriage of Goods by Sea Act 1971 applies, there is an implied undertaking on the part of the shipowner to provide a seaworthy vessel. Contracts for the carriage of goods by sea do not contain a definition of seaworthiness; indeed, the usual charterparty wording provides that the shipowner’s vessel is ‘strong and staunch’ or ‘tight and fit’. The obligation to provide a seaworthy vessel is not demanded in abstract terms, being relative to the nature of the ship, the particular voyage, the time of the year, the stages of that voyage, the cargoes which the shipowner has contracted to carry, and the relevant standards for the carrying of cargoes at the applicable time. The chapter then considers the carrier’s duty to care for cargo, which arises contractually and in bailment.
Time Charterparties
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter studies time charterparties, which are sometimes described as ‘freighted by the month’ or as a ‘charter-party of affreightment’ or ‘let to freight by the month’. The phrase ‘time charter’ appears to have been used in about 1840 and by 1849 it was said with confidence that it was ‘the usual practice, upon the hire of ships on time charters, for the charterers to pay instalments during the voyage’. The Baltime form, the Baltic and White Sea Conference Uniform Time-Charter (later the Baltic and International Maritime Conference Uniform Time Charter), was first issued in 1909 and has become one of the most used general time charterparty forms. That form has, however, been surpassed in popularity by the NYPE form, the New York Produce Exchange Time Charter, first issued in 1913 which is, in every respect, the leading dry cargo general form. Three iterations of the form are still used, namely NYPE 1946, NYPE 93, and NYPE 2015. Besides these forms, there are many time charterparty forms for particular trades.
Frustration
Authors: Girvin Stephen 
Published: May 2022

Abstract
This chapter highlights the doctrine of frustration, which is a doctrine of general contract law, but one in which many of the leading cases have been charterparty cases. It considers the doctrine in contracts for the carriage of goods by sea where, read as a whole, few cases invoke the doctrine because of the presence of force majeure clauses, which deal with subsequent events. The chapter then looks at the essence of the doctrine of frustration. The issue of whether or not the contract has been frustrated is a question of law but ‘that conclusion is almost completely determined by what is ascertained as the mercantile usage and the understanding of commercial men’. Thus, it has been said in the same case that the doctrine is ‘not lightly to be invoked to relieve contracting parties of the normal consequences of imprudent commercial bargains’.
The Meaning of Employment from a Private International Perspective
Authors: Merrett Louise 
Published: May 2022

Abstract
This chapter examines the meaning of employment from a private international perspective. It begins by outlining the theories behind characterization in private international law generally and, in particular, in European law. Private international law rules in relation to both jurisdiction and choice of law depend crucially on whether there is a contract of employment. Special rules apply in both the Brussels I Regulation recast and the Rome I Regulation to cases involving 'individual contracts of employment'. These rules are now mirrored in domestic law jurisdiction rules in section 15C Civil Jurisdiction and Judgments Act 1982. The question of whether there is such a contract is a question of characterization. In the case of the European Regulations, because the definition is contained in European legislation, it is characterization in a European context which is at issue and that will have fundamental implications for the approach to be taken. In the case of EU legislation, the Court of Justice has consistently stressed the need for national courts to avoid a narrow domestic approach to construction and adopt a broad autonomous EU approach.
Stock and Derivatives Exchanges in the EU
Authors: Gargantini Matteo , Siri Michele 
Published: May 2022

Abstract
This chapter examines the regulation of stock and derivatives exchanges in the European Union. Based on a theoretical analysis of exchanges as transaction platforms, it identifies three major economic functions: listing, trading, and data vending. The chapter explores each of these functions separately. As for listing, it highlights the distinction between admission to listing and admission to trading in the European Union, as well as the role of regulated markets’ potential conflicts of interest on that function. As for trading, the chapter explores some key provisions that contribute to creating liquidity, including those concerning market makers, tick sizes, trading obligations, and best execution. It also addresses the regulatory framework on algorithmic and high-frequency trading. As for data vending, the chapter discusses the pre- and post-trade transparency requirements, and the price regulation of market data. Finally, the chapter analyses the determinants of stock and derivatives exchange governance.
Client Clearing in the EU
Authors: Braithwaite Jo , Murphy David 
Published: May 2022

Abstract
This chapter reviews the EU regime for client clearing, including recent amendments to this regime introduced by 2019 regulatory reforms. It provides the legal and regulatory context to clearing using central counterparties (CCPs) and discusses the authorities' interest in promoting it in the post-crisis regulatory reforms. The chapter then explains the significance of client clearing for those many entities unable or unwilling to become a member of a CCP. Focusing on the EU regulatory regime, and informed by recent empirical work undertaken for the Financial Stability Board (FSB), it also explores the use of client clearing in practice and, in particular, engages with the complexities of these arrangements and the difficulty in accessing clearing reported by some entities. Finally, the chapter evaluates recent measures intended to promote client clearing which were introduced in 2019 in the course of the so-called 'EMIR Refit'. It looks in detail at the so-called 'FRANDT' requirement, namely that financial intermediaries providing access to clearing services do so on 'fair, reasonable, non-discriminatory and transparent commercial terms’.
The Use of EU Regulations to Establish Qualitative Requirements in the Fields of Banking Supervision and Resolution
Authors: Wojcik Karl-Philipp , Krauze Mateusz 
Published: May 2022

Abstract
This chapter examines the proliferation of the use of EU regulations in the field of EU financial services regulation and in particular the area of banking supervision and bank resolution law. The total loss absorbing capacity (TLAC)/minimum requirement for own funds and eligible liabilities (MREL), net stable funding ratio (NSFR), and the prior permission regimes under Articles 73 and 77–78a of the Capital Requirements Regulation (CRR) are good examples to illustrate the case. While in the case of TLAC/MREL and the NSFR the impact is more of an indirect nature, since formally parties are still free to exercise their contractual autonomy, they have to adhere to the various regulatory requirements if they wish to benefit from a certain regulatory treatment and meet certain regulatory targets set by the EU legislator. The prior permissions regime goes even further in that it is a precondition for the exercise of certain actions such as classification of instruments as Common Equity Tier 1 (CET1) as well as early repayments, redemptions, and other similar actions with respect to own funds instruments and other eligible liabilities instruments. These interactions are driven by the objective of EU financial services regulation to attain financial stability, to protect depositors and investors, and to avoid other externalities which the conduct of banking business can carry, even if this comes at the expense of certain rights enjoyed under civil and corporate laws.
Operational Risk in the Capital Requirements Framework for Banks
Authors: Joosen Bart PM 
Published: May 2022

Abstract
This chapter studies the capital requirements for operational risk, which were included for the first time in the Basel Accord of 2004. Because the effects of operational risk can be vast, it is important that banks have sound risk management policies and risk assessment procedures to address this particular risk family. In the last two decades, the Basel Committee of Banking and Supervision (BCBS) has put up important frameworks, which are implemented in legislation of the European Union (EU), most importantly in the Capital Requirements Regulation (CRR). Currently, the CRR provides four possible approaches (or methodologies) to calculate the own funds requirements for operational risk: the Basis Indicator Approach (BIA), the Standardised Approach (SA), the Alternative Standardised Approach (ASA), and the Advanced Measurement Approach (AMA). However, the current framework will be overhauled by a new framework which should apply from January of 2022: the Basel III-Reform. This will implement the revised standards as adopted by the BCBS in December of 2017. The chapter looks at the new framework and its new approach on operational risk, before considering disclosure requirements and the principles for sound management of operational risk.
Capital Conservation Buffer and Countercyclical Capital Buffer
Authors: Lagaria Katerina 
Published: May 2022

Abstract
This chapter illustrates the regulatory, legislative, and institutional framework for two capital-based macroprudential instruments: the Capital Conservation Buffer (CCoB) and the Countercyclical Capital Buffer (CCyB). It focuses on the Basel III-inspired EU legislative provisions on capital requirements, which introduced the CCoB and the CCyB for the first time across Member States. The chapter also analyses the specific EU legislative provisions of Directive 2013/36/EU pertaining to these two buffers, along with the relevant amendments introduced in 2019 by means of Directive (EU) 2019/878. It then considers the cyclical and dynamic CCyB, reflecting its more complex setup and discretionary application, compared to the non-cyclical, fixed requirement for the CCoB. Finally, the chapter looks at the allocation of relevant competences and particular tasks assigned to national and supranational authorities/bodies also in light of the major institutional shift marked by the creation of the Banking Union.
Domain Expansion and Functional Diversification in Vertebrate Reproductive Proteins
Authors: Rivera Alberto M. , Wilburn Damien B. , Swanson Willie J. 
Published: May 2022

AbstractThe rapid evolution of fertilization proteins has generated remarkable diversity in molecular structure and function. Glycoproteins of vertebrate egg coats contain multiple zona pellucida (ZP)-N domains (1–6 copies) that facilitate multiple reproductive functions, including species-specific sperm recognition. In this report, we integrate phylogenetics and machine learning to investigate how ZP-N domains diversify in structure and function. The most C-terminal ZP-N domain of each paralog is associated with another domain type (ZP-C), which together form a “ZP module.” All modular ZP-N domains are phylogenetically distinct from nonmodular or free ZP-N domains. Machine learning–based classification identifies eight residues that form a stabilizing network in modular ZP-N domains that is absent in free domains. Positive selection is identified in some free ZP-N domains. Our findings support that strong purifying selection has conserved an essential structural core in modular ZP-N domains, with the relaxation of this structural constraint allowing free N-terminal domains to functionally diversify.
Neck pain and related factors in patients with rheumatoid arthritis
Authors: Suzuki Akinobu , Yamada Kentaro , Yabu Akito , Tamai Koji , Takahashi Shinji , Inui Kentaro , Okano Tadashi , Koike Tatsuya , Nakamura Hiroaki 
Published: May 2022

ABSTRACT

Objectives
In rheumatoid arthritis, neck pain can be caused by inflammatory reactions or cervical lesions, but the prevalence and associated factors have not been well studied. This study aimed to investigate the prevalence of neck pain in patients with rheumatoid arthritis and elucidate the related factors.

Methods
This study included 146 patients with rheumatoid arthritis. Neck pain, quality of life, and levels of anxiety and depression were evaluated using a questionnaire. Cervical lesions and spinal alignment were evaluated using plain radiograph and magnetic resonance imaging. Factors associated with neck pain were analysed using a logistic regression model.

Results
Fifty-six per cent of the patients had neck pain, and the quality of life scores were significantly worse in these patients. Multivariate analysis revealed age, C7 sagittal vertical axis, upper cervical lesion, and endplate erosion as factors associated with neck pain in patients with rheumatoid arthritis.

Conclusions
More than half the patients with rheumatoid arthritis suffer from neck pain, and neck pain affects the quality of life and activities of daily living. Neck pain was associated with upper cervical lesion and endplate erosion suggesting the importance of radiological examination in patients with rheumatoid arthritis and neck pain.