2,515 research outputs found

    D. 41.1.36 (Iul. 13 dig.) e D. 12.1.18 pr. (Ulp. 7 disp.): tra causa traditionis e negotium contrahere in Giuliano

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    The study deals with the category of negotium in Salvius Iulianus. In this regard, the author examines D. 41.1.36 (Iul. 13 dig.) and D. 12.1.18 pr. (Ulp. 7 disp.), very well-known texts, concerning the topic of the causa traditionis, in which it is discussed whether the case of someone who has given a sum of money with the intention of donating to someone who has rather received it with the intention of borrowing should be considered a donation or a loan. The author excludes that the two texts and in particular D. 41.1.36 could bring arguments in support of the thesis that Julian developed a concept of negotium as an objective relationship between two distinct patrimonies, without any consideration of the will of the parties. On the contrary, from the few sure information that can be drawn from Ulpian’s text, it is clear that in the assessment of the case and particularly on the existence of a causa donandi, Julian relied on a reconstructive process that looked very carefully at the will of the parties involved

    L’actio in factum come surrogato dell’azione di ripetizione? A proposito di Iul. 60 dig. D. 39.6.18.1 e Iav. 13 epist. D. 19.5.10

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    The study touches upon the theme of the relationship between condictio and actio in factum in the matter of innominate contracts. More precisely, the question arises whether the atio in factum could have performed a merely repetitive function, rather than lead to the protection of the negative interest. In this regard the author deals with Iul. 60 dig. D. 39.6.18.1 and Iav. 13 epist. D. 19.5.10, on the subject of donatio mortis causa and (quasi-)usufruct respectively. What the two texts have in common is the fact that in both cases the use of an actio in factum pretoria (pursuant to Gai 4.46) is envisaged in a purely repetitive function and that for both cases a relationship with the issue of the protection of nova negotia has been hypothesized, in particular for Iav. 13 epist. D. 19.5.10. The author’s conclusions go in the direction of excluding such a connection

    Tra patti dotali e spese di viaggio: a proposito dell’actio utilis in factum di Pap. 4 resp. D. 23.4.26.3

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    This study deals with Pap. 4 resp. D. 23.4.26.3, interesting text of Papinian in which an actio utilis in factum is granted against the husband who, in violation of what was agreed, had not reimbursed his wife for the travel expenses incurred to reach him. The author excludes it was a contractual action (a. praescriptis verbis, a.c.i.), believing rather that it was an a. de dolo in factum, in application of the principle that prohibited the exercise of infaming actions between spouses (C. 5.12.1.2; Ulp. 11 ad ed. D. 4.3.11.1)

    Marton, north Lincolnshire: a Romano-British settlement in its context

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    This thesis seeks to reconstruct and interpret the form and extent of the Romano- British settlement at Marton, North Lincolnshire. The site at Marton has previously been the subject of no formal programme of archaeological research. However it offers a rich potential for applying non-intrusive archaeological survey, and this study is based on the results obtained from a combination of different survey techniques. Although the site has received very little formal archaeological attention in the past, uncontrolled metal-detection has been intensive over recent years. The unrecorded leaching of material, coupled with the diverse range of artefacts known to have been retrieved in detection has been one of the principal catalysts behind the adoption of this survey. The data was collected both from previous aerial photographic surveys and metal detectorists with whom a working relationship had been established, and in geophysical survey and field walking undertaken by the author. Survey methodology and the results of the different components of the survey are presented in chapters 2 to 6. Initial interpretations of the features identified from the aerial photographic and geophysical survey are proposed and the main chronological and spatial trends m the distribution of pottery, coins and other small finds are summarised. Chapter 7 compares the results obtained from the different classes of evidence and refines the interpretations offered for the development of the site through time and space. Specific issues considered are the origins of the settlement, its internal organisation and extent and its relationship with nearby Littleborough. The final chapter compares Marton with other sites in the region and sites of a similar type in Roman Britain. A series of hypotheses are then proposed concerning the nature of the site and its function and evolution in its local landscape

    Paul. 32 <33> ad ed. D.19.4.1.1: permuta ed evizione in un noto testo paolino

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    The present work deals with D.19.4.1.1, text in which Paul seems to grant an actio in factum pretoria (Gai 4.66) in favour of the contractor evicted within a relationship of barter, with a solution that not generally seemed consistent with the decision taken elsewhere by the same jurist (Paul. D. 19.5.5.1) to allow a civil action for the hypothesis of non-execution. Many have therefore assumed that Paul was referring someone else's opinion (maybe by Salvio Giuliano) from him not shared, with a proposal though hardly sustainable. Part of the doctrine has so explained the different solution of D.19.4.1.1 with the hypothesis of a failure to improve the contractual situation due to the invalidity of the first datio. Also this conjecture introduces however not a few problematic profiles and it does not appear to be consistent with the development of the narrative plant of the whole fragment (D.19.4.1pr.-4). The author has so suggested to interpret the expression actio in factum here used by Paul in the sense of actio in factum civilis, considering however uncertain the proposal advanced by others to integrate the text reading: in factum dandam actionem respondetur

    The emerging role of FKBP51 in melanoma: characterization of a promising molecular target for innovative therapies

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    Melanoma is a malignant skin cancer with high metastatic potential. The number of melanoma cases worldwide is increasing faster than any other cancer. The prognosis is bad in the advanced stages of the disease due to resistance to conventional anti-cancer treatments. Patients diagnosed with advanced stage melanoma continue to pose a significant challenge for clinicians. Although many therapeutic regimens for metastatic melanoma have been tested, very few achieve response rates greater than 25%. There is much hope for targeted therapies and promising agents include those that act on apoptosis-regulating molecules. Very recently, we have identified that an immunophilin, namely FK506 binding protein (FKBP) 51 controls response of melanoma to DNA damaging agents, such as anthracyclines compounds. The aim of this study was to investigate the possible role of FKBP51 in the control of response to ionizing radiation (IR) in malignant melanoma. FKBP51-silenced cells showed reduced clonogenic potential after irradiation compared with non-silenced cells. After IR, we observed apoptosis in FKBP51-silenced cells and autophagy in non-silenced cells. FKBP51 was required for the activation of Rx-induced NF-kappaB, which in turn inhibited apoptosis by stimulating X-linked inhibitor of apoptosis protein and promoting authophagymediated Bax degradation. Using a tumor-xenograft mouse model, the in vivo pretreatment of tumors with FKBP51-siRNA provoked massive apoptosis after irradiation. Immunohistochemical analysis of 10 normal skin samples and 80 malignant cutaneous melanomas showed that FKBP51 is a marker of melanocyte malignancy, correlating with vertical growth phase and lesion thickness. Moreover, we provided evidence that FKBP51 targeting radiosensitizes cancer stem/initiating cells. Finally, we expanded the study to other types of cancer, including ovarian, pancreatic, prostate, colon, breast and lung cancer and found a strong correlation between the protein expression and malignity of the tumoral lesions. In conclusion, our study identifies a possible molecular target for radiosensitizing therapeutic strategies against malignant melanoma and a potential novel tumoral biomarker

    D. Mamino-Sibiriako romano „Privalovų milijonai" kompozicijos ypatybės

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    The aim of the article is to investigate the composition of the novel as an expressive means to render its idea content. The here discussed novel – "The Privalov Millions" is the first book of Mamin-Sibiriak\u27s "Urals" series. Its idea content is many-sided and has many branches. Whereas in his "Autobiographic Note" the author points out that the main thing in his novel is the destiny of Sergej Privalov and his complicated evolution. As theoretical basis for the analysis of so complicated a work was used the view of K. Fedin, a Soviet writer, that composition is not the self-will of an author but the logic dictated by the development of the theme. Therefore the author of the article endeavours to prove that the composition of "The Privalov Millions" expresses the essence of the novel\u27s idea content. The most typical peculiarity of the novel\u27s composition is the writer\u27s desire to group all the acting personages, events, all the material of the novel round the chief personage – Sergej Privalov. Thereby in separate parts of the work we find a gradual accumulation of material that characterises surrounding reality and has a significance of its own. And so in the course of the action the novel\u27s centre of gravity shifts from the chief personage to his surroundings. The surroundings stop being a mere background revealing the portrait of Privalov. Now it is the reverse: Privalov\u27s picture, his personality serve to unite the separate parts of the novel, its components. The composition of "The Privalov Millions" expresses all the idea content of the novel and clearly surpasses the author\u27s conception.Straipsnio tikslas – išaiškinti kompoziciją, kaip romano idėjinio turinio išraiškos priemonę. Čia nagrinėjamas D. Mamino-Sibiriako romanas „Privalovų milijonai“ pirmasis rašytojo sukurtame „urališkame“ cikle. Idėjinis romano turinys daugiapusis ir šakotas. Tuo tarpu autorius savo „Autobiografinėje pastaboje“ nurodo, kad svarbiausia šiame romane – Sergejaus Privalovo likimas ir jo sudėtinga evoliucija. Teoriniu tokio sudėtingo kūrinio analizės pagrindu imamas tarybinio rašytojo K. Fedino pasisakymas, kad kompozicija nėra autoriaus savivalė, o temos vystymo logika. Todėl šio straipsnio autorius siekia įrodyti, kad „Privalovų milijonų“ kompozicija išreiškia visą romano idėjinio turinio esmę. Būdingiausia romano kompozicijos ypatybė yra autoriaus noras sugrupuoti visus veikėjus, įvykius ir apskritai visą romano medžiagą apie pagrindinį veikėją Sergejų Privalovą. Tuo pačiu atskirose kūrinio dalyse palaipsniui kaupiama medžiaga, charakterizuojanti aplinkos tikrovę ir turinti savarankišką reikšmę. Ir veiksmo eigoje kūrinio svorio centras iš pagrindinio veikėjo persikelia į jo aplinką. Aplinka nustoja būti fonu, vien tik atskleidžiančiu Privalovo paveikslą. Dabar priešingai – Privalovo paveikslas, jo asmuo padeda jungti atskiras kūrinio dalis, jo komponentus. „Privalovų milijonų“ kompozicija išreiškia visą romano idėjinį turinį, aiškiai prašoka autoriaus koncepciją

    Correction to: When terminology hinders research: the colloquialisms of transitions of control in automated driving (Cognition, Technology &amp; Work, (2022), 10.1007/s10111-022-00705-3)

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    In the original article, author affiliation published with error. The correct affiliations are: Davide Maggi—Institute for Transport Studies, Leeds, UK. Richard Romano—Institute for Transport Studies, Leeds, UK. Oliver Carsten—Institute for Transport Studies, Leeds, UK. Joost C. F. De Winter—Faculty of Mechanical, Maritime and Materials Engineering, Delft University of Technology, Delft, The Netherlands. The original article has been corrected.Human-Robot Interactio

    The European community and the Belgrade CSCE

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    The EC Nine were effectively able to speak with a single voice and came to be recognised as a distinct and unitary actor at the Helsinki CSCE. Thanks to this successful experience, the Nine made the CSCE process a permanent task of their political cooperation efforts. This chapter offers the first assessment of the EC Nine’s action at the first CSCE follow-up conference in Belgrade, It first reports the EC Nine’s preparation for the Helsinki conference in order to provide the fundamental elements of their approach to the CSCE process. The analysis then appraises the effects of the Helsinki experience on the EC Nine and their preparation for the next meeting. It therefore focuses on the EC Nine’s action in Belgrade on the different issues on the agenda, also paying due attention to tactics and internal coordination. In this context the author acknowledges meaningful changes, viz. the attitude of the new US administration, which somehow conditioned the action of the EC Nine during the negotiations. In the concluding part, the author assesses the performance of the EC Nine in Belgrade by also taking into consideration the perspective of the West European governments and EC institutions. The analysis is based on archival sources from the European Union, the United Kingdom, France, and the United States

    Brevi considerazioni su Paul. 32 <33> ad ed. D.19.4.1.4: tra tradizione testuale e proposte emendative

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    This paper analyses a famous excerpt from the roman jurist Paulus on the barter (Paul. 32 ad ed. D.19.4.1.4). According to the scholars this passage lists (even if confusedly) the available procedural remedies against the defaulting party, given the institution of a valid contract: action in id quod interest, aimed at obtaining a specific performance, and the condictio quasi re non secuta, for the recovery of what has already been given. However, this reconstruction does not consider the connection (igitur) with the previous § 3, in which it is affirmed that barter is void when a party delivers a third party property. So the author suggests to abandon Mommsen’s reconstruction based on Bas.20.3.1 and Paul 5 quaest. D.19.5.5.1, and to read, as cod. Vaticanus n. 1406 ‘ut interest’, instead of ‘ut res’ contained in F. The meaning of the passage will thus appear clear: since the delivery of a third party good makes the contract void, the only available remedy will be the recovery quasi re non secuta and not the enforcement of a performance. The alteration of F. was probably caused by an error in the transcription. The new interpretation discussed in this paper poses two interesting questions with regard to the application of the extension (quasi) of the condictio re non secuta or, less likely, of condictio incerti
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