54 research outputs found
Die toepassing van verskillende teorieë vir die beoordeling van die regsposisie van versekerde skuldeisers in 'n oorgrens insolvensieprosedure
No full textDie voorkeurorde is die hart en kern van enige insolvensieregstelsel. Hierdie orde bepaal die hiërargie onder skuldeisers in 'n finale likwidasie. Woods noem dit die prioriteitsleer (ladder of priorities) en dit is hierdie leer wat bepaal hoe groot die risiko is wat 'n skuldeiser neem. Bo-aan die voorkeurorde of prioriteitskema is daardie skuldeisers wat in rem sekuriteitsregte oor 'n skuldenaar se bates gevestig het. Diesulkes behou die effektiwiteit van hul sekuriteit gedurende en ten spyte van enige formele insolvensieprosedure wat die skuldenaar ondergaan. Elke insolvensieregstelsel in enige jurisdiksie maak voorsiening vir die "groot prioriteit" ofte wel versekerde skuldeisers. 'n Versekerde skuldeiser is dan wel daardie skuldeiser wat 'n sekuriteitsbelang in 'n spesifieke bate van die skuldenaar het. Daarenteen is 'n preferente eis 'n onversekerde eis wat uit hoofde van wetgewing voor ander onversekerde eise uitbetaal word - dit is statutêre voorkeure. Die term "voorkeurskuldeisers" sluit die versekerde skuldeisers sowel as die preferente skuldeisers in omdat albei hierdie groepe voorkeur bo die gewone, konkurrente skuldeisers in 'n insolvente boedel geniet. ABSTRACT: The different theories, old and new, are investigated because the submission is that these theories as currently applied, underlie the recognition or non-recognition of the rights of the preferential creditors of a specific jurisdiction in the case of a cross-border insolvency procedure. The author takes the view that neither modern universalism nor cooperative territoriality offers a proper solution to the problems that may occur in cross-border insolvency cases. It is submitted that the best solution would be to create a fair, just and effective set of rules on the example of the American Law Institute's and the International Insolvency Institute's Principles of Cooperation, to get accepted in any given case and this should be applied universally. However, it is recognized that to be internationally or universally implemented, such an approach will undeniably take too long. The proposal is therefore that, until such rules are established the theory of universal proceduralism with its virtual territoriality linked to reciprocal comity is the most acceptable and fair model to apply. It supports the principle that territorial claims should be respected by limiting the scope of the lex concursus, ensuring that the distribution to creditors in a cross-border insolvency procedure reflects the distribution that creditors would get territorial. This way the relevant distribution scheme is determined by the assets of the estate and the claims against the estate and not by the debtor/insolvent. Universal proceduralism is procedurally global and substantively territorial. This means that a centralised insolvency procedure occurs within the debtor's centre of main interests that controls all procedures relating to the insolvency. However, the choice of law should be decentralized, whereby the substantive aspects of the insolvency proceedings are determined by the ordinary choice of law principles
Die aanspreeklikheid van kopers van bates uit 'n insolvente boedel vir die omgewingsaanspreeklikheid van die insolvente verkoper: Lesse van die VSA
No full textWhere the environmental law and the insolvency law come up against each other in a
given situation, a heated debate still continues over whether and to what extent the debtor
can and should be able to fulfil its obligations to clean up, remedy, avoid, limit injury, to
pay for the costs thereof or to pay for past harms to the environment. How do the provisions
of the insolvency law and the Insolvency Act affect or influence a debtor’s environmental
obligations? How do the provisions of the environmental laws affect or influence
the provisions of the Insolvency Act? The reality is that the mere prospect of possible
“survivor” environmental liabilities may frustrate a company’s successful business rescue
or substantially reduce and delay the creditors’ recovery in the event of liquidation or
sequestration. Should there be huge environmental obligations linked to the property, the
trustee or liquidator would simply not be able to sell it. In this investigation, the liability
of purchasers of property (ie successors in property), where expensive environmental
obligations exist in respect of the asset concerned, is discussed. In American insolvency
law, section 363 of the Bankruptcy Code is applied to block successor liability, including
the liability for environmental obligations. After an analysis of some American cases in
this area, it is recommended that the same principle be applied in South Africa, but due to
the fact that this is about circumstances and injuries that affect and harm the lives and
health of people – people that in the present-day conditions of modern industrialisation
cannot protect themselves – very strict requirements, as well as possible restrictions,
should be built into the process. Finally, factors which in the opinion of the author are
essentially non-negotiable for a fair conduct of the legal position are formulate
The effects of urban hydrology and elevated atmospheric deposition on nitrate retention and loss in urban wetlands
No full textWetlands are known for their ability to process nitrate inputs from uplands and groundwater and thus prevent nitrate discharge to sensitive waters. Wetlands in urban landscapes are subjected to numerous disturbances which may prevent them from serving as N sinks. The objective of this dissertation is to document N cycling in urban wetlands in the context of altered hydrology and elevated atmospheric N deposition, and to determine whether urban wetlands serve as sinks or sources of nitrate to receiving waters.
This study was conducted in palustrine, forested wetlands in northeastern New Jersey. In situ rates of net N mineralization, net nitrification, and denitrification were measured monthly for one year. Water table levels were monitored over five years, and soil and vegetation properties were characterized. Weekly nitrate inputs as throughfall and outputs as leachate were measured for one year and analyzed for stable isotopes of nitrogen and oxygen.
Due to altered hydrology, natural hydrogeomorphic setting was not an effective predictor of N cycling rates in urban wetlands. Many assumptions of functional assessment models used to make wetland management decisions were not met. Alternative models I developed using indicators of specific N functions successfully predicted nitrification rates, but they did not predict denitrification rates. Assessment of biogeochemical functions and reference standard site selection should be based on long-term monitoring of water table levels. Assessment models should be targeted to specific functions and may need to utilize intensive field or laboratory techniques. Local scale factors are better descriptors of N cycling rates than indicators of landscape scale urbanization.
Nitrate inputs were higher in more urban sites, but there was no urban effect in nitrate outputs. Urban wetlands generally retained nitrate, as demonstrated by higher nitrate inputs than outputs. However, two sites did demonstrate overall loss of nitrate. Two other sites exhibited direct leaching of atmospherically-derived nitrate, suggesting a lower capacity for N retention. Nitrate retention is not universal in urban wetlands.Ph.D.Includes bibliographical references
The happy couple : American marriages in Hollywood films 1934-1948
No full textThis thesis examines Hollywood narratives of married life produced between
1934 and 1948. Using Stanley Cavell’s seminal Pursuits of Happiness as a point of
departure, I compare the depiction of benign domesticity across four chapters.
Combining textual analysis, genre criticism and studio archival research, I re-evaluate
Cavell’s notion of ‘films in conversation’, and suggest that narratives of marriage call
for an approach that considers intertextuality, audience address and the interaction of
star personae.
My first two chapters focus on MGM’s six Thin Man films, discussing an
ongoing series’ portrayal of a continuous marriage. In my analysis of The Thin Man,
After the Thin Man and Another Thin Man, I argue that the mystery plots of these
films inform and inflect the depiction of marriage in private and public space. In
contrast to previous studies that view Shadow of the Thin Man, The Thin Man Goes
Home and Song of the Thin Man as signaling the onset of domesticity and the
format’s decline, I view these films as proposing alternative ways of attending to the
problem of the male child.
The third chapter compares Penny Serenade and Mr. Blandings Builds his
Dream House, films in which the happiness of a family is made contingent upon the
construction of a home. In this chapter, I suggest that building a home for one’s
daughters permits the films’ mise-en-scene to be invested with possibility of renewal.
My fourth chapter discusses three films in which a partner returns to marriage after a
period of absence – My Favourite Wife, The Best Years of Our Lives and Tomorrow is
Forever. With particular attention to the role of ‘the other woman’, I note ways in
which these narratives propose the future of their couples
Patristiek en die studie van die Nuwe Testament
No full textPatristics and the study of the New Testament This article consists of two main parts. In the first part the importance of the study of Patristics is discussed. The author underscores Outler's logion that 'by itself, the New Testament is not a field of inquiry'. The heading of the second part is Instrumenta Studiorum. In this section the author gives a survey of primary and secondary works on Patristics in order to make this field more accessible to scholars
Author Correction: Membrane protein megahertz crystallography at the European XFEL
No full textAn amendment to this paper has been published and can be accessed via a link at the top of the paper
'n Nota oor die vertaling van Jeremia 2:37 ("Met jou hande op jou hoof")
No full textA note on the translation of Jeremiah 2:37 ("With your hands on your head") In Jeremiah 2:37 God says to Israel: "You will leave that place (= Egypt) with your hands upon your head". In this article various Bible translations and commentaries are scrutinized to determine how modem exegetes interpret this phrase. Thereafter the author discusses Egyptian depictions of mourners in funeral processions with their hands on their heads. He shows how an exploration of Egyptian Art can contribute to a better understanding of Jeremiah 2:37. This study also shows that the two dynamic Afrikaans translations of the Bible ("Die Lewende Bybel" and "Die Nuwe Afrikaanse Vertaling") are wide off the mark in their interpretation of the phrase "with your hands on your head". The author also argues that exegetes should not only rely on written texts when they study the ancient world in which the Scriptures originated, but that they should also explore works of art
Patristiek en die studie van die Nuwe Testament
No full textPatristics and the study of the New Testament
This article consists of two main parts. In the first part the importance of the study of Patristics is discussed. The author underscores Outler's logion that 'by itself, the New Testament is not a field of inquiry'. The heading of the second part is Instrumenta Studiorum. In this section the author gives a survey of primary and secondary works on Patristics in order to make this field more accessible to scholars
Grokking Group Multiplication with Cosets
No full textThe complex and unpredictable nature of deep neural networks prevents their
safe use in many high-stakes applications. There have been many techniques
developed to interpret deep neural networks, but all have substantial
limitations. Algorithmic tasks have proven to be a fruitful test ground for
interpreting a neural network end-to-end. Building on previous work, we
completely reverse engineer fully connected one-hidden layer networks that have
``grokked'' the arithmetic of the permutation groups and . The
models discover the true subgroup structure of the full group and converge on
neural circuits that decompose the group arithmetic using the permutation
group's subgroups. We relate how we reverse engineered the model's mechanisms
and confirmed our theory was a faithful description of the circuit's
functionality. We also draw attention to current challenges in conducting
interpretability research by comparing our work to Chughtai et al. [4] which
alleges to find a different algorithm for this same problem
A note on the translation of Jeremiah 2:37 ("With your hands on your head")
No full textContinued 2001 as 'Verbum et Ecclesia'In Jeremiah 2:37 God says to Israel: "You will leave that place (= Egypt) with your hands upon your head". In this article various Bible translations and commentaries are scrutinized to determine how modern exegetes interpret this phrase. Thereafter the author discusses Egyptian depictions of mourners in funeral processions with their hands on their heads. He shows how an exploration of Egyptian Art can contribute to a better understanding of Jeremiah 2:37. This study also shows that the two dynamic Afrikaans
translations of the Bible ("Die Lewende Bybel" and "Die Nuwe Afrikaanse Vertaling") are wide off the mark in their interpretation of the
phrase "with your hands on your head". The author also argues that exegetes should not only rely on written texts when they study the ancient world in which the Scriptures originated, but that they should also explore works of art.http://explore.up.ac.za/record=b102527
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