427 research outputs found

    Focus on China. Research on the preservation of cultural and environmental heritage in the Shaanxi Province (PRC)

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    The diversity of cultures and heritage in our world is an irreplaceable source of spiritual and intellectual richness for all humankind. All cultures and societies are rooted in the particular forms and means of tangible and intangible expression which constitute their heritage, and these should be respected. The respect due to all cultures requires that heritage properties must considered and judged within the cultural contexts to which they belong. From these considerations, emerged during the Nara conference in 1993, the author has carried out his critical and objective research. He gets rid of commonplaces about the chinese preservation practice in order to point out its actual dimension, frequently victim of fierce criticism, which does not take into account the cultural diversity between East and West. The political and social history of the PRC represents the background of the author's work.In fact he found in it answers, explanations and input for further considerations and queries. Frenda presents a series of case studies with a non-condemnatory approach, thus stressing strengths and weaknesses, good and bad practices as well as inconsistencies with binding legislation

    Dal danno da perdita di chances (terapeutiche) al danno da lesione del diritto all’autodeterminazione: l’evoluzione della giurisprudenza in tema di incertezza del nesso causale nella responsabilità medica

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    Beyond its indisputable practical role, the instrument of “loss of chances” gives the authors many reasons to doubt about its coherence inside the system of civil liability. An investigation on the injury arising from the loss of chances, beside the examination of the “minimum size” that the chance should consist of in order to allow its loss to get restored, leads the Author to the conclusion of an internal contradiction inside the notion of “loss of chance”; contradiction that the jurisprudence has not solved, nor helped with the notion of “injury in the right of self-determination”

    Il ripensamento della Cassazione sull’onere della prova del nesso causale nell’epoca del risarcimento del “danno incerto”

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    Il breve commento ad una recente sentenza della corte di Cassazione, che ha ad oggetto l'accertamento del nesso causale in materia di responsabilità medica, mette a confronto l'orientamento sposato dalla pronuncia, secondo cui la causa ignota rimane a carico del danneggiato, con quello - piuttosto diffuso in giurisprudenza - di concedere risarcimenti anche a fronte di danni "incerti"

    Structural statistics on enterprises with foreign production

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    The transition from business accounting to national accounts is carried out in this paper. The institutional units having a predominant economic interest in Italy are identified in particular for the sectors linked to Construction, Civil engineering works and Trade activities. A multivariate analysis of the economic variables (production, labor costs, intermediate consumptions, investments) allows to measure effective performance, both economic and financial, for global enterprises. Fiscal and statistical data with a profiling of these enterprises make possible to select a sub-set of medium and large sized units potentially interested in the phenomenon of foreign branch offices

    Estimating Accidents at Work in European Union

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    This paper describes safety at work as an issue to be addressed in terms of legislation, with due statistical knowledge of the phenomenon. Through the application of multiple indicators while investigating the rate of homogeneity and non-homogeneity of available data, especially at international level, the concept at study can be analyzed using specific scientific methods. The Total Frequency Rate of accidents could be influenced by a country’s industrial structure. The standardization of industrial structures into NACE divisions or sub-divisions (and not only on an aggregate activity level), has proved very useful as an integral part of the statistical infrastructure used within the European statistical system for producing comparable statistics. Looking at the distribution of the Total Frequency Rates (TFR) of accidents in different world regions, the picture is quite different, as the phenomenon is by no means evenly spread across the globe. Fatalities are proportionately much higher in some regions than in others. Carrying out a country-by-country analysis would in no doubt reveal greater variations. Occupational accidents and work-related diseases in some European countries are twice as high as in some others.We show that the shadow economy has an important impact in outlining an “effective frequency rate of accidents”. In Italy, the impact of an excessive economy and the influence of organized crime in the South, which could alter the basis for reporting work-related accidents and occupational safety performance indicators, has led to the consideration of the actual rate of accidents in Italy slightly higher than the European average

    The agriculture heritage system of yáodòng settlement in the Loess Plateau (PRC). A dynamic conservation approach for a sustainable landscape development and planning

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    Nowadays is required preserve the landscapes and their traditional management techniques by applying the principles of dynamic conservation - that is, take advantage of these techniques for the sustainable development - making so the traditional rural landscape the engine of the development. In the Loess Plateau, it is carrying on a development project that is a good example of sustainable political management and conservation of soils that takes into account the preservation of local traditions (cultural, architectural, agricultural, etc.). A project that is a test pattern of development of agricultural landscape compatible with the need of the conservation of cultural heritag

    La disciplina del parto anonimo in Italia: la tutela dell'anonimato della madre biologica e il diritto all'identità del figlio. L'andamento ondivago delle corti.

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    L’Autrice si propone di analizzare l’istituto del parto anonimo alla luce delle stratificazioni giurisprudenziali depositatesi, nel tempo, a fronte di un quadro normativo “essenziale” e, ad un tempo, poco flessibile al bilanciamento degli interessi contrapposti di madre biologica e figlio. Attraverso l’analisi, in particolare, delle soluzioni accolte dalla giurisprudenza a fronte del decesso della madre, da un lato, e della sua sopravvenuta incapacità, dall’altro, si scorge uno spiraglio di cambiamento nell’orientamento della Cassazione

    I contratti di concessione tra i rimedi contrattuali e il potere pubblicistico di autotutela

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    This essay inquires the situation of concession contracts, by the prospect of its remedies. This field is very interesting for the role of the Public Administration, which is a part in a contract with public aims, and at the same time for the growing importance of the private subject who entered into the contract with the P.A. Given the above, the concession issue shows aspects of public law (especially in the first phase, where the P.A. entrusts the concession to a private contestant) but also of private contractual law, once the parties (P.A. and private contestant) have entered into the contract stemmed out from the entrustment. This perspective, in particular, is a good training ground to mark the boundaries between public and private law, but also to observe the increasing mixture between the respective remedies, in a ever more fluid jurisprudential, but also political, framework

    Ancora sul concorso di responsabilità contrattuale e aquiliana

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    It’s generally admitted that, when the conduct of a debtor infringes both an obligation and a right protected by the system of tort law, the victim can choose whether to take the contractual action or the extracontractual one, in order to ask for the compensation of the damages suffered because of the conduct of the debtor. Being this a general custom, this study focuses on the reasons why it has been spreading in our system, and aims at analysing, also through procedural reasons, if it should be admitted, or if it is unlawful and should therefore be abandoned
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