1,721,039 research outputs found
LA HEREDITATIS VENDITIO. IL CONTRATTO DI COMPRAVENDITA DELL¿EREDITÀ IN DIRITTO ROMANO.
Full text linkThe research is aimed at reviewing the regulatory regime governing the sale of inheritance under Roman Law. The sale of inheritance (hereditatis venditio) is the contract by which one person, the venditor, makes over to someone else, the emptor, the assets he has acquired mortis causa, in return for payment.
The economic purpose of the contract is to put the purchaser in the same position in which he would have found himself had he been the heir. According to the principles of Roman Law, however, an heir can’t hand over his status as such and therefore, in order to achieve the same practical result, he has to resort to selling the proceeds of the inheritance and to agreeing with the purchaser to be held harmless from any expenses or claims related to them. By doing so, the vendor keeps nonetheless his status as heir and is therefor liable toward any third party: he keeps the capacity to sue the debtors of the inheritance as well as the capacity to be sued by the creditors of the inheritance. Hence the contract provides that the vendor shall cede to the purchaser the rights of action against third parties with a mandatum actionis and that the purchaser shall undertake to defendere the vendor in case he were sued because of the inheritance.
Owing to a legal rule forbidding the transfer of the capacity to be sued, in case the purchaser omitted to defendere the vendor in trial, on the one hand the latter could only rely on the former’s liability for breach of contract and would be left to cope with the outcome of said trial, on the other hand the plaintiff would be exposed to the risk of having to face a defendant who has already disposed of the proceeds of the inheritance and has no more actual interest in the res controversa.
The dissertation is composed of five chapters.
The first chapter deals with the recognition of the rules of law governing the contract (which are contained in Digest 18.4 and Codex 4.39) and delivers a brief review of relevant literature.
The second chapter covers the topic of the object of the contract. Being a collective noun, hereditas refers to the whole bulk of assets and liabilities belonging to a deceased person. The peculiarity lying therein raises several questions regarding, above all, the criteria according to which an asset or a liability ought to be included in the purchased inheritance.
The third chapter studies the rights and obligations of parties, both arising out of the contract and imposed by mandatory rules. For expository purpose, those obligations have been classified in two large groups: the first group comprises obligations aimed at guaranteeing that the purchaser would be entitled to the net economic outcome of the inheritance, while the second group encompasses the obligations intended for balancing out the fact that the vendor remains the only one who’s capable to sue and to be sued propter hereditatem.
The fourth chapter examines further the issue of legitimatio ad causam as far as the so-called hereditarias actiones is concerned.
The fifth chapter finally surveys the consequences of the fact that the purchaser lacks the capacity to be sued by the creditors of the inheritance, particularly in the event that the parties might agree upon the sale of inheritance with the sole intent of defrauding said creditors
China and India: Openness, Trade and Effects on Economic Growth
No full textThe purpose of this paper is to analyse the economic growth of China and India in terms of their
integration in the global economy. We begin with a discussion of some stylized facts concerning their
recent economic growth, the most significant institutional reforms, with particular reference to trade
relations, and their impact on their economic development. We then propose a descriptive analysis of
economic growth, opening up of the economies and trade specialisation, by comparing the features
and trends of the two countries (by considering trade and foreign direct investment data).
We have also estimated some econometric relations between economic growth and trade/openness,
with the addition of control variables (such as the gross fixed capital formation). We initially used a
panel data model for the two countries, to be estimated with fixed effects; to test for reverse causality,
we re-estimated the fixed effects model by 2SLS (with the inclusion of specific instrumental variables).
The effect on economic growth (in terms of GDP per capita) of our variables of interest - Openness
and FDI – remains positive and statistically significant in all specifications, which confirms our
findings even if we treat these variables as endogenous variables.
The results prove the positive growth effects, for the two countries, of opening up and integrating in
the world economy. Note that the robust growth of these two “giants” has contained the initial impact
of the recent global crisis and is now sustaining the recovery of the entire world economy. Other
policy relevant implications are discussed in the concluding section
Rilancio di investimenti e domanda aggregata per uscire dalla stagnazione
No full textIn questo capitolo, si presentano innanzi tutto nuove evidenze empiriche circa la profondità e durata della doppia crisi che ha colpito l’UE e in particolare l’Italia (par. 1). La crisi si è riflessa in una forte contrazione della domanda aggregata e in un vero e proprio crollo degli investimenti, privati e pubblici (par. 2). Una delle cause dell’attuale stagnazione è da rintracciarsi nelle errate politiche economiche, che sono state ritardate o inadeguate (par. 3). Nella sezione finale sono avanzate alcune proposte per una diversa politica economica, nazionale ed europea (par. 4
Youth Unemployment and the Impact of Financial Crises
No full textPURPOSE: The purpose of this paper is to assess the impact of financial crises on the youth unemployment rate (YUR). The authors consider different types of financial crises (systemic banking crises, non-systemic banking crises, currency crises and debt crises) and different groups of countries,
according to their income level. Design/methodology/approach – After a review of the existing (theoretical and empirical) literature on the determinants of the YUR in general and at the occurrence of economic crises, the authors present empirical estimations on the impact of past financial crises on young workers. The relationship between financial crises and YUR is investigated by employing fixed effects panel estimation on a large panel of countries (about 70) around the world for the period 1980-2005. The “persistence” over time of the impact is also investigated. Finally the Arellano-Bond dynamic panel is estimated, confirming the significance of the results.
FINDINGS: According to the authors’ empirical estimates, two key results are relevant: financial crises have an impact on the YUR that goes beyond the impact resulting from GDP changes; and the effect on the YUR is greater than the effect on overall unemployment. The inclusion of many control
variables – including in particular GDP growth – does not change the sign and significance of the key explanatory variable. The results suggest that financial crises affect the YUR for five years after the onset of the crises; however, the most adverse effects are found in the second and third year
after the financial crisis.
RESEARCH LIMITATIONS/IMPLICATIONS: Although fully aware of the peculiarities of the last crisis, the authors believe that the econometric results facilitate a better understanding of the impact of the 2007-2008 financial crisis on the youth labour market.
PRACTICAL IMPLICATIONS: The main policy implication is that effective active labour market policies and better school-to-work transition institutions are particularly needed to reduce the risk of persistence and structural (long-term) unemployment, since young people have been worst affected by
the last crisis.
ORIGINALITY/VALUE: There are many studies on the characteristics and causes of youth unemployment; considerable research has also been carried out into the labour market impact of financial crises. This paper brings the two strands of literature together, by econometrically investigating the impact of financial crises on youth unemployment rate
Young People and the Labor Market: Key Determinants and New Evidences
No full textWe review the key determinants of youth unemployment in order to better understand the theoretical and empirical framework of the four papers in the symposium. In addition, we briefly discuss some recent evidence on the youth unemployment rate and NEET indicator (percent of young people who are neither employed nor in education or training) in many countries before summarizing the key results and policy implications of the papers included in the symposiu
Going Beyond Counting First Authors in Author Co-citation Analysis
Full text linkThe present study examines one of the fundamental aspects of author co-citation analysis (ACA) - the way co-citation
counts are defined. Co-citation counting provides the data on which all subsequent statistical analyses and mappings
are based, and we compare ACA results based on two different types of co-citation counting - the traditional type that
only counts the first one among a cited work's authors on the one hand and a non-traditional type that takes into
account the first 5 authors of a cited work on the other hand. Results indicate that the picture produced through this non-traditional author co-citation counting contains more coherent author groups and is therefore considerably clearer. However, this picture represents fewer specialties in the research field being studied than that produced through the traditional first-author co-citation counting when the same number of top-ranked authors is selected and analyzed. Reasons for these effects are discussed
Variations on the Author
Full text link“Variations on the Author” discusses two of Eduardo Coutinho’s recent films (Um Dia na Vida, from 2010, and Últimas Conversas, posthumously released in 2015) and their contribution to the general question of documentary authorship. The director’s filmography is characterized by a consistent yet self-effacing form of authorial self-inscription: Coutinho often features as an interviewer that rather than express opinions propels discourses; an interviewer that is good at listening. This mode of self-inscription characterizes him as an author who is not expressive but who is nonetheless markedly present on the screen. In Um Dia na Vida, however, Coutinho is completely absent form the image, while Últimas Conversas, on the contrary, includes a confessional prologue that moves the director from the margins to the center of his films. This article examines the ways in which these works stand out in the filmography of a director who offers new insights into the notion of cinematic authorship
Appropriate Similarity Measures for Author Cocitation Analysis
Full text linkWe provide a number of new insights into the methodological discussion about author cocitation analysis. We first argue that the use of the Pearson correlation for measuring the similarity between authors’ cocitation profiles is not very satisfactory. We then discuss what kind of similarity measures may be used as an alternative to the Pearson correlation. We consider three similarity measures in particular. One is the well-known cosine. The other two similarity measures have not been used before in the bibliometric literature. Finally, we show by means of an example that our findings have a high practical relevance.information science;Pearson correlation;cosine;similarity measure;author cocitation analysis
Youth unemployment, labour productivity and the evolution of the labour markets in Europe
No full textThe size and persistence of youth unemployment has become unacceptable in some European countries, particularly in Southern Europe. Stagnation in labour productivity, on the other hand, goes back to the ‘90s and even worsened after the burst of the crisis. A further evidence is that labour market reforms in many countries introduced, over the past twenty years, a set of newly designed job contracts that allowed the use of temporary work. We describe these phenomena and countries heterogeneity in four dimensions: labour productivity, youth unemployment, EPL (Employment Protection Legislation) and temporary work, and their dynamic
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