bluuebunny/crossref_metadata_2025_split huggingface dataset:
Potential of Building Information Modeling in the Project Lifecycle – Reflection Against Iceberg Model
Authors: Mansoori Solmaz , Haapasalo Harri , Harkonen Janne 
Published: April 2022

Purpose: The implementation of building information modeling (BIM) has been previously approached from various perspectives, but confusion regarding BIM's full potential and on how to apply it remains. The whole is viewed from distinct perspectives to reflect the full potential and explain the tentatively unused potential.
Study design/methodology/approach: The study follows a conceptual research approach in conjunction with a single case study. The BIM iceberg model is utilized as an explanatory synthesis frame to reflect perspectives describing BIM utilization.
Findings: A BIM implementation status framework is developed to describe the BIM utilization maturity in a typical case company. The framework is tested, and indications of support for the logic of the BIM iceberg model are gained. To date, BIM has been used successfully in the early construction project stages (tip of the iceberg, primary BIM). The below-sea-level parts, the collaborative BIM and integrative BIM - the full potential - are rarely recognized.
Originality/value: The presented BIM implementation status shows that there is a gap between the full potential of BIM and the level of BIM utilization in practice.
Women entrepreneurship development through MSMEs
Authors: Pujari Neha , Kamble G. S. 
Published: April 2022

Empowerment of women although a phenomenon of recent time, has now become a global movement along with social and political empowerment economic empowerment holds the greatest significance of women empowerment in India focus challenges on all these fronts, partially acts as an invisible force and tries to control the trajectory of women's empowerment in India in all possible milieus be it domestic, work, financial or political to counter this invincible force called patriarchal mindset another invisible force must step in. It is an active and effective participation of government through practical policies and in its implications contribution of civil society to make it more accountable. The nature of the data was used for the study is completely based on secondary sources of data. For the proposed study, we used descriptive research. The study covered condition of Indian women entrepreneurs.
Bacteriological and systemic immunity study of patients with urinary tract infection in Babylon province
Authors: Ali Heam Adnan , Gemeel Abd Frial 
Published: April 2022

One hundred mid stream urine specimens and blood sample and fifty healthy specimen[urine and blood ]as control for detection TLR-2 in serum have been collected From October to March 2021, urine specimen from urinary tract infection patients in Hospital Hilla were cultivated for isolation and identification in Uropathogenic bacteria can be found in a variety of places. The automated VITEK-2 compact system was used to perform the final identification, which was based on colony positive identification. morphology, microscopic examination, and biochemical tests, while final identification was done with the automated VITEK-2 compact system using Gram positive-identification morphology, microscopic examination, and biochemical tests [GP-ID]and Gram negative-identification [GP-ID] [GN-ID]. The current study's findings revealed that samples grew bacteria, which were classified into Gram negative bacteria [51.48%] and Gram positive bacteria [51.48%]. [48.52 percent ]. E. coli was the culprit. 80 [21.5%] followed by Klebsiella pneumoniae40 [10.75%], and then Staphylococcus aureus 36[9.6%], 35[9.4%] for each Staphylococcus epidermidis, and Staphylococcus saprophytics 16[4.3%] while Enterococcus faecalis50[13.44%], while Enterococcus facium 40[10.75%] Streptococcus agalactiae 2[0.5%]and Enterobacter cloacae at a rate of 2[0.5%] and finally each of Morganella morganii 10[2.68%], Pseudomonas aeruginosa 40[10.75], Proteus mirabilis 20[5.3%].Candida albicans 46 .
Muhkam Mutasyabih dan Teori Belajar
Authors: Asnawi Asnawi 
Published: April 2022

Al-Qur’an merupakan sumber segala ilmu. namun karena bentuknya yang masih global sehingga diperlukan kreativitas untuk mengexplorenya. Penggalian makna simbolik dari al-Qur’an dalam dunia ilmu tafsir disebut dengan tafsir bi ro’yi atau penasiran al-Qur’an dengan rasio dan logika.
Penelitian ini adalah penelitian kepustakaan ( Library research) dengan menggunakan metode analisis deskriptif yaitu dengan jalan mengumpulkan data, menyusun dan mengklarifikasi, menyusun dan menginterpretasi. Metode ini yang dipilih sebab penelitian yang dilakukan bertujuan untuk menggambarkan obyek yang diteliti sevcara alamiah. Setting penelitian ini adalah al-Qur’an ayat yang muhkam dan mutasyabih , yakni ayat yang bisa dipahami dengan mudah dan ayat yang oleh Allah sengaja dibuat untuk sulit dipahami kecuali oleh orang-orang tertentu. Gaya penyampaian ini ditinjau dari sudut pandang teori belajar. Tehnik pengumpulan datanya menggunakan dokumentasi dan instrumennya adalah checklist klasifikasi bahan penelitian.
Teknik analisis datanya menggunakan metode analisis isi yakni sebuah alat penelitian yang difokuskan pada konten actual dan internal media. Hasil penelitian ini adalah bahwasanya keberadaan muhkam mutasyabih dalam ulum al-quran berkesesuaian dengan beberapa teori belajar seperti teori belajarnya Fred Keller, empat langkah dalam personalized sytem of instruction (PSI) yang dikembangkan Fred Keller: Menentukan materi yang akan diajarkan, membagi materi menjadi segmen-semen tersendiri, menetapkan evaluasi dan memberi kebebasan siswa melangkah keprogram lanjutan sesuai dengan kemampuan siswa
The Use of Telefax in Civil Procedure (BverfG, Beschluß vom 1.8.1996 BvR 121/95, NJW 1996, 2857)
Authors: Kennett Wendy , Fitger Peter , Mohr Andrea , Rummel Peter , Anné Ilse 
Published: April 2022

The decision of the BverfG was based on the following set of facts. The appellant to the BverfG had been unsuccessful in several claims for unfair dismissal before the Schwerin Arbeitsgericht. On appeal to the Landesarbeitsgericht the grounds of appeal, prepared by her legal representative, a lawyer from Hamburg, reached the Landesarbeitsgericht in Rostock the day after the expiry of the extended deadline for filing those grounds. The appellant brought an application for reinstatement of the case within the time allowed and, as justification for this, explained that on the last day of the period allowed for filing the grounds of appeal, unsuccessful efforts had been made right up until 20.31 in the evening to send the relevant information by fax from Hamburg to the court in Rostock. It remained unclear whether this lack of success was attributable to a defect or absence of paper in the receiving fax machine at the Landesarbeitsgericht, or rather to a fault in the line. A telephone check on the fax line had indicated that the line was free.
The appeal to the Landesarbeitsgericht was rejected as inadmissible, without clarifying the cause of the failed fax transmission. An appeal on a point of law was also unsuccessful, but the appeal on a point of constitutional law succeeded. If a court permitted documents that must be received within a prescribed period to be transmitted to it by fax, then in the view of the BverfG the special risks that arise from the technical features of this means of communication - such as, in particular, problems with the receiving machine but also line faults - should not have to be borne by the person using this means of communication, but should instead be the responsibility of the court. By choosing an authorised method of communication, making appropriate use of a properly functioning machine for transmission and dialing the recipient's number correctly, the user has done all that is necessary on his part to meet the procedural deadline as long as he begins the transmission sufficiently early that under normal circumstances it can be anticipated that transmission will be finished before 24.00. It cannot be expected of a lawyer who has arranged his work timetable in the expectation of making a fax transmission of his written arguments that when the chosen method of transmission fails, because of a defect in the receiving machine or because of line faults, he should instantly secure a means of contacting the court other than his chosen method, which was after all officially authorised by the court.
Cour de Cassation française, 19 février 1997, Responsabilité Civile du fait des mineurs - Parents - Exonération
Authors: Hübner U. , De Tavernier Pieter , Papachristos A.C. , Gardette J.-M. , Werro Franz 
Published: April 2022

The decision handed down on 19 February 1997 by the Cour de cassation changes the nature of the parents liability for the harm caused by a child of theirs who is a minor living at home with them. Whereas until now their liability was based on a presumption of fault which they could rebut on proof of the absence of any fault in the upbringing or supervision of the child, it is now an instance of strict liability imposed upon them, thus strengthening the guarantee of compensation for victims.
In the specific case, a young boy who was out cycling collided with a moped when he suddenly emerged onto a main road. The driver of the moped, who was injured, sought compensation for his injury from the boy's father, as the person civilly responsible for him, and from his insurer. When the trial court allowed the claim, the father of the child challenged its decision for refusing to consider whether it was true that he had not committed any default of supervision so that he could rebut the presumption of liability. Breaking with its earlier case law, the Cour de cassation dismissed this challenge, however, and concluded that only force majeure or the fault of the victim could free the parents of the strict liability imposed on them as a result of the damage caused by their minor child.
This decision, which thus sanctions a new objective liability, detached from any notion of fault, is analysed in the following commentaries from the points of view of Greek, Swiss, Belgian and German law.
European Community Resolutions and the Codification of ‘Private Law’
Authors: Alpa Guido 
Published: April 2022

Alpa provides an examination of the problems and prospects for the development of a European private law. As a protagonist of the harmonisation of private law through codification, he first identifies the work in progress and some of the broad issues that have had to be addressed (such as the need to develop rules that transcend national characterisations of sphere of private law and the distinction between civil and commercial laws). He then sets out the advantages of a unified private law: rules in conflict between themselves in the various countries of the European Union can develop as a real market hindrance, while uniform private law rules emerge as conditions precedent for the implementation of the single market.
Projects directed towards the harmonisation of private law through codification have faced various criticisms. Alpa tries to address these. He notes first the trend towards convergence of (some aspects of) national laws that has been observed by comparative lawyers and the existence of unifying frameworks such as the constitutional law of the EU and the European Convention on Human Rights. He then briefly addresses three particular issues: (i) the problems allegedly created by the difference between common law and civil law structures, (ii) claims concerning value of legal pluralism and the undesirability of eliminating national cultural characteristics, and (iii) the argument that techniques of harmonisation other than the drafting of a Civil Code are more appropriate.
The paper concludes with a note on issues of the drafting and structure of a possible future Code.
The Complex Landscape of Oligopolies under EU Competition Policy; Is Collective Dominance Ripe for Guidelines?
Authors: Briones Juan , Padilla Atilano Jorge 
Published: April 2022

We find at present that there appear to be three different approaches to oligopolies and collective dominance under the EU competition policy: (i) the approach based on economic models of collusive behaviour, used predominantly under the Merger Regulation, (ii) the specific approach to maritime conferences, used predominantly under Article 82, and (iii) the approach followed in the Irish Sugar case, where collective dominance is applied to two firms in a vertical relationship, as opposed to a group of competitors.
It has to be borne in mind that a very frequent configuration of supply in relevant markets shows leading groups of less than four suppliers accounting for a large combined share of output. And also that the Court of Justice has given the Commission a wide margin of discretion to assess the conditions of competition in oligopolistic markets. Finally, the decision in the Airtours/First Choice case has extended the boundaries of the situations under which the Commission may find an oligopoly to be in a collective dominant position, by focusing on a notion of rational incentives, and playing down other factors (transparency of the market, symmetry between the members of the oligopoly) that had been taken prominently into account in previous decisions.
This combination of factors pleads for the adoption by the Commission of some sort of guidance on how it assesses oligopolies under competition rules. The Commission has made a considerable effort in clarifying its policy by adopting guidelines on market definition, and vertical and horizontal restrictions of competition, among others. These guidelines could usefully be completed with guidelines on the treatment of oligopolies under EU competition policy.
BGH Urteil vom 11. Dezember 1998 — Zur Rechtlichen Einordnung eines Wiederverkaufsrechts — Anwendbarkeit der §§ 497, 498 BGB und Gewährleistung Greek Case Note
Authors: Papadopoulou-Klamaris Dimitra 
Published: April 2022

The decision of the German Federal Supreme Court was based on the following set of facts: the defendant sold the claimant several properties in 1993 for an overall price of 1.7 million DM. In § 12 of the notarised contract it stated:
'The vendor undertakes to repurchase the … property on the request of the purchaser up until 30.6.1996. The request must be made to the vendor in writing before 31.3.1996. The repurchase will then take place in accordance with the conditions of this contract for a sale price of 1.7 million DM.'
By an agreement of 6.2.1994 the defendant granted the claimant an interest-free loan of 300,000 DM with provision that in the case of a repurchase this sum would be set off against the purchase price to be demanded by the claimant. The remainder of the purchase price was to be settled via an extension of credit. In 1995 the claimant demanded that the property be repurchased by 31.1.1995. The defendant refused this, objecting that the condition of the object of the sale had deteriorated significantly during the time that it had been in the claimant's possession, through the fault of the latter.
The Landgericht rejected the claim, the Oberlandesgericht gave judgment for the claimant, with the proviso that the property be sold without any guarantee as to its size or condition, but that the vendor's rights arising from § 498 (2) BGB should remain unaffected.
The defendant's appeal to the Supreme Court led to this decision being quashed. In the opinion of the Supreme Court § 497(1) BGB was not applicable to the right of resale, since the parties had not included this right in their agreement as a right on the part of the purchaser to modify the terms of the contract, but rather as an obligation to repurchase on the part of the vendor. Furthermore, neither §498 (2) second sentence BGB nor § 498 (2) first sentence BGB were applicable by analogy to the resale of immovable property, because of the difference in the framework of the parties' interests. In so far as the parties had structured the right of resale as a personal obligation, the purchaser could only require the conclusion of a contract of repurchase if he at the same time made good the defects that had emerged in the interim period.
On the following pages, the authors examine the decision from the point of view of Belgian, Spanish and Greek law.
Hof van Cassatie van België / Cour de Cassation de Belgique, 14-5-1999: When Does a Freezing Order Become Effective Against the Debtor of the Receivables? Introduction from Belgium
Authors: Storme Matthias E. 
Published: April 2022

When a debtor is notified by a bailiff that his creditors' claim is seized, Belgian law imposes several obligations on that debtor. From the time at which the act of seizure was received, the debtor of the seized claim cannot deliver or pay any longer or can be declared debtor of the seizing party himself (art. 1451 Belgian Judiciary Code). Further, he is obliged to make, within 15 days, a declaration specifying the seized sums or goods (art. 1452 Belgian Judiciary Code). These different effects do not necessarily come into force at the same moment. Although the period of 15 days for the obligation to make a declaration runs from the moment the seizure was notified, the debtor cannot be declared debtor himself because he paid or delivered despite the seizure, unless at the time he did so he knew or should have known the act of seizure.
This decision gives us the occasion to comment on the rules on the effects of notice in general, especially under Belgian, Greek, Dutch and English law.
ECJ C-240/98 — C-244/98, 27 June 2000, (Océano Grupo Editorial and Salvat Editores) Scottish Case Note
Authors: Hogg Martin , Pinna Andrea , Arnokouros Georgios I. , Cascão Rui 
Published: April 2022

The Océano Grupo Editorial is the first case referred to the European Court of Justice for a preliminary ruling regarding the interpretation of the Council Directive 93/13/EEC on unfair terms in consumer contracts (OJ 1993 L 95, p.29). The request for a preliminary ruling was made by a Court of First Instance in Barcelona.
The proceedings before the Spanish Court concerned the payment of sums due under the sale contracts concluded between the companies (plaintiffs) and a number of buyers (defendants). Each of the defendants, who all were Spanish residents, had entered into a contract for the purchase by installments of an encyclopaedia for personal use. The contracts contained a term conferring jurisdiction on the courts in Barcelona, a city where the plaintiffs had their principal place of business but in which none of the defendants was domiciled. When the defendants did not pay the sums due on the agreed days, the sellers brought actions before the courts in Barcelona in accordance with the jurisdiction clauses. The judge of the Court of First Instance in Barcelona emphasized that the Tribunal Supremo has held jurisdiction clauses of the kind at issue to be unfair. However, the Court was less confident on the question — and therefore it addressed it to the ECJ — whether the scope of the Directive on unfair terms is such that the national court may determine of its own motion whether a term of a contract is unfair when making its preliminary assessment as to whether a claim should be allowed to proceed before the courts.
First, the ECJ regarded the jurisdiction clause of the kind at issue to be unfair within the meaning of article 3 of the Directive. Secondly, as to the aim of article 6 of the Directive, which requires Member States to lay down that unfair terms are not binding on the consumer, the ECJ argued that such aim would not be achieved if the consumer were himself obliged to raise the unfair nature of such terms. Thus, the ECJ held that the protection provided for consumers by the Directive on unfair terms entails the national court being able to determine of its own motion whether a term of a contract before it is unfair when making its preliminary assessment as to whether a claim should be allowed to proceed before the national courts. In particular, the requirement for an interpretation in conformity with the Directive required the national court to favour the interpretation that would allow it to decline of its own motion the jurisdiction conferred on it by virtue of an unfair term.
The case has also been reported in the Common Market Law Review, 38:719–737, 2001, with a note by Jules Stuyck.
BGH, Urteil vom 23 September 1999 — Zum Vergütungs-anspruch eines ‘Erbensuchers’ gegen einen ermittelten unbekannten Erben
Authors: de Medeiros Nóbrega José Carlos , de la Riva Begoña Alfonso 
Published: April 2022

The decision of the BGH was based on the following facts: The claimant made a living as an ‘heir locator’. Following an advertisement published in the Bundesanzeiger on behalf of the probate court inviting the heirs of an estate to make themselves known, the claimant identified the defendant and his sister as the deceased's intestate successors. He indicated this to the defendant and offered to make full disclosure to him of the particulars of the estate after conclusion of an agreement for a fee of 20 per cent of the inheritance due to him plus VAT. The defendant refused the contract offered and himself traced the inheritance on the basis of the information provided by the claimant; he obtained assets amounting to almost 50,000 Euro as a result. In his action the claimant demanded payment of 20 per cent of that sum plus VAT. The claim failed, both before the Landgericht and the Oberlandesgericht as well as before the BGH.
In its reasoning the BGH indicated that the claim to a fee could not be based on a right arising in negotiorum gestio under §§ 683, 670 BGB or §§ 684, 812 BGB. Admittedly the location of an heir could constitute an undertaking which was also in another's interest, and the matter would turn on whether the factual presumption of an intention to manage another's affairs (equally applicable to an undertaking which was also in another's interest) was rebutted. That way of formulating the issue, however, would misconceive the approach to the allocation of risk which should follow from the principles of private law, and in affirming the presence of an intention to manage another's affairs would lead to results which would not be intrinsically appropriate and would not do justice to the interests in focus. In the first place, it is the preparation and opening of negotiations which is in issue. The heir locator intended to ‘sell’ the information he had uncovered and thus carried the risk that the negotiations might fail. According to the rules of private law one's own preliminary expenditure should remain unrecompensed. The fact that the claimant had in part already conveyed his results to the heir does not change anything: there is no obligation to provide recompense for unsolicited communication of information; a consideration for that service is payable solely on a contractual basis. Secondly, the acceptance of a negotiorum gestio would lead to the unfair result that were multiple heir locators to operate independently of one another the heir would see himself burdened with claims from all of those tracing him and his estate and, though notified by the first of them, would not be able in relation to the others to rely on the fact of his prior knowledge — as is the case with multiple brokers.
The following contributions examine the decision from the perspective of Austrian, Portuguese, Spanish and English and Irish law.