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Su causa e meritevolezza, muovendo dal leasing indicizzato a un doppio parametro
No full textLa nota evidenzia le luci e le ombre della sentenza delle Sezioni unite n. 5657/2023 in materia di leasing con clausola di
indicizzazione ancorata a un doppio parametro. Nel complesso, la sentenza fa segnare un significativo avanzamento della
giurisprudenza di legittimita` nella messa a fuoco del requisito della meritevolezza. Va senza alcun dubbio considerato un
guadagno l’aver escluso che la meritevolezza consenta al giudice di sindacare l’equilibrio o la convenienza del contratto, in
tal modo scongiurando abusi del giudizio ex art. 1322, 2o comma, c.c. Meno apprezzabile e` l’ossequio, forse soltanto formale,
alla concezione fumosa di meritevolezza gia` in passato abbracciata dalla giurisprudenza di legittimita`. La corretta concettua
lizzazione della meritevolezza arricchisce il relativo giudizio e potrebbe inoltre favorire la riapertura del dibattito sulla nozione di
causa del contratto, di cui proprio la meritevolezza individua una delle due principali linee funzionali.The note highlights the lights and shadows of the ruling of the Sezioni unite no. 5657/2023 regarding leasing with a clause
indexing anchored to a double parameter. Overall, the ruling marks a significant advancement of the legitimacy jurisprudence in focusing on the requirement of "meritevolezza", that means Worthiness. It should undoubtedly be considered a
gain from having excluded that Worthiness allows the judge to review the balance or convenience of the contract, in
thus avoiding abuses of judgment pursuant to art. 1322, 2nd paragraph, Civil Code. Less appreciable is the respect, perhaps only formal,
to the vague concept of Worthiness already embraced in the past by the jurisprudence of legitimacy. The correct conceptlization of Worthiness enriches the relevant judgment and could also favor the reopening of the debate on the notion of
cause of the contract, of which its merit identifies one of the two main functional lines
La causa del contratto come finalità individuale di rilevanza sociale.
No full textThe essay brings in a dual function of the cause of contract. On the one hand, cause, as related to the individual purpose of the
contract, shows the actual adequacy of the contract to legal order; on the other hand, it also provides the screening of worthiness for the atypical contracts as well as of consistency of the individual contract with respect to the contractual model chosen by the parties
Going Beyond Counting First Authors in Author Co-citation Analysis
Get PDFThe 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
Get PDF“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
Get PDFWe 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
Dispelling the Myths Behind First-author Citation Counts
Get PDFWe conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued
use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation
counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more
sophisticated methods
koamabayili/VECTRON-author-checklist: VECTRON author checklist
No full textWe have done our best to complete the author checklist relating to the use of animals in the hut study. Note that the objective for the hut study was to evaluate the IRS treatment applications for residual efficacy against Anopheles mosquitoes, including the local An. coluzzii mosquito population. Cows were only used to attract mosquitoes into the huts and no tests were carried out directly on the cows. The author checklist is intended for use with studies where experiments are carried out on animals, which is why we have had such difficulty in completing this for the hut study, as many of the questions do not relate to how the cows were used
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