Auswahl der wissenschaftlichen Literatur zum Thema „Liability of Uniqueness“

In this paper we study BSDEs arising from a special class of backward stochastic partial differential equations (BSPDEs) that is intimately related to utility maximization problems with respect to arbitrary utility functions. After providing existence and uniqueness we discuss the numerical realizability. Then we study utility maximization problems on incomplete financial markets whose dynamics are governed by continuous semimartingales. Adapting standard methods that solve the utility maximization problem using BSDEs, we give solutions for the portfolio optimization problem which involve the delivery of a liability at maturity. We illustrate our study by numerical simulations for selected examples. As a byproduct we prove existence of a solution to a very particular quadratic growth BSDE with unbounded terminal condition. This complements results on this topic obtained in Briand and Hu (2006, 2008) and Briand et al. (2007).

Once a crime has been committed, full repentance and restoration do not have any bearing on liability, but may be taken into account in mitigation of sentence. On the other hand, there is no question of criminal liability ensuing for an attempt at a crime if there is a withdrawal from the envisaged crime while still in the stage of preparation, and before, in South African law, reaching the watershed moment of the “commencement of the consummation”. However, what occurs between the moment when the attempt begins, and the moment when the crime has been completed, where there has been a withdrawal from the criminal purpose, is more contested terrain. The disagreement does not apparently arise in the South African case law, where the few judgments that refer to this question have consistently held that where the accused withdraws after the commencement of the consummation of the crime, there will be attempt liability and, at best, the accused may rely on the abandonment as a mitigating factor in sentencing. However, as is discussed, prominent South African academic commentators, along with comparative sources in both the civil-law and common-law jurisdictions, demur from such an “unyielding analysis”, and would regard such withdrawal as giving rise to a defence to criminal liability. Which approach ought to be applied in South African law? The question may be posed as to how to categorise a defence of voluntary withdrawal? It is neither a justification ground nor a ground excluding fault, but rather a ground excluding punishment. The uniqueness of the defence is demonstrated in that the accused has already met all the requirements for liability, and thus it is not an intending criminal, but an actual criminal who is being considered. This is at least true of the common-law approach (also adopted by South African law), where a two-stage approach is applied to the trial, relating first to establishing criminal liability and followed, if guilt is so established, by an inquiry into sentence. At the outset, it may be stated that the view that is taken in the discussion that follows is that there is no good reason to treat voluntary abandonment as a special defence. As Yaffe has stated, to grant a defence on the basis of abandonment is to mistake the absence of a reason to issue a particular sanction rather than a lower one for a sufficient reason to issue no sanction at all.In the discussion that follows, the current case law is examined, whereafter the alternative approach contended for by some academic writers (and used in other jurisdictions) is discussed; the arguments for and against a renunciation defence are set out, before these aspects are drawn together in a final concluding analysis.

AbstractThe article considers the legal implications of a proposal by the Netherlands Government to build a new airport on an artificial island in the sea. The article concludes that the construction and use of an artificial island remains in principle within a coastal state's authority, with due regard to the rights and duties of other states and the LOS Convention and other rules of international law. Account must be taken of conflicting uses of the sea, for example, navigation, fishing, offshore activities, submarine cables and pipelines, and overflight. Freedom of overflight will be dealt with by the ICAO. With regard to other aspects of air law, such as liability and aviation security, there are no clear indicators of the appropriate course to take. The uniqueness of an airport at sea requires the Netherlands to tread new ground, requiring it to devise new ways for removing possible obstacles.

Educators often use reptiles as ambassadors of environmental messages during presentations because of their ease of transport and handling. Although learners may be provided opportunities to touch or hold these animals, this presents a variety of safety and liability issues for the learner and animal. Little is known about whether touching or holding an animal influences perceptions of the animal and related environmental issues. This qualitative study investigated the perceptions of 16 fifth grade students who experienced a live, tactile encounter with a corn snake and Eastern box turtle while participating in an educational class using four focus groups. Regardless of whether students touched the snake or turtle, or fully held the animal, participants noted the uniqueness of the experience and their empathy for the animal and its habitat. Students who fully held the animal thought that they learned more during the experience while students who touched the animal mentioned getting to know the animal better, regardless of whether the animal was a snake or turtle. When learners are unable to completely hold a snake or turtle, educators should consider the equally positive outcomes that can result from touching these animals with two fingers and provide opportunities for such experiences.

Studies demonstrating the uniqueness of depression in old age are numerous, but conclusions on the fact if the problems of the elderly people cause depression or if they are a part of depression are not unique. The aim of this paper is to compare the structure of depression of old people without the history of mental illness and middle-aged people treated for depression. The sample consists of 82 healthy inmates of different Homes for the Aged and 78 patients diagnosed with some sort of affective disorder. A depression has been assessed with the shorten version of the MMPI D-scale. The structure of the geriatric and clinical depression has been compared with the method of maximum likelihood, over the matrix of co-variances of answers on the items on the depression scale. The results point out to the statistically significant difference in the structure of depression of the old and clinically depressed individuals. However, half of the items of the D-scale have significant loadings on the factor of depression in both groups. The essence of the depression in both samples is made of cognitive subject matters, depressive affect, decline of motivation and a negative estimate of one's basic abilities. Symptoms concerning low self-esteem, experiencing cognitive deficit, energy and impaired physical health have been significant in describing the clinical depression, while a feeling of reduced positive stimulation and the affective liability is typical for the depression of geriatric sample. The conclusion is that, despite the differences, there is a common core of symptoms that makes the essence of depression, apart from the samples.

The collection of the Kórnik Library includes the digestum vestus manuscript, the uniqueness of which is emphasized by art historians. There are two main reasons why it is unique. Firstly, because of the number of illuminations in the legal manuscript. Secondly, because of the confirmed fact that relevant part of illuminations was implementing an illustrative program. The paper starts with presenting the history of the manuscript. The main part of the paper focuses on the issues if and how the illustrative program has reflected the medieval teaching method based on the first 24 books of Justinian’s Digest (digestum vetus). The analysis of allocating the illuminations and links between illuminations and specific legal issues give rise to recognizing the main features of this method: central role of the tort (aquilian) liability, semi-systemic approach to the formation and performance of contract and marginal role of the texts related to legal method and general concepts of law at the beginning of the Digest. This hypothesis formulated on the basis of one, unique manuscript should inspire further debate about the fragmentary pragmatic nature of medieval law teaching based on the Digest.

Small businesses are an important part of innovation, competitiveness and economic development. Support systems such as business incubators have emerged with the purpose of helping these startups develop. The startups which are in focus in this thesis operate in different industries, in technology-based industries where commercialization and growth is in focus, to creative industries which focus on developing individual talent and creativity. The characteristics and core of the businesses differ, giving them different business logics by which the startups operate. The business logic leads the startups to face different challenges, which the thesis considers to regard liabilities of smallness, liabilities of newness and liabilities of uniqueness as well as organizing.  These variations give the startups differences in how they operate and hence, also a need for different types of support given by business incubators. Business incubator support is in the thesis categorized into three components of Networks, Infrastructure and Business Services, as suggested in a triad model of Carvalho & Galina (2015). As varying business logics makes a difference on what type of value startups produce, it is important to study the relationship between these logics and the support provided by an incubator. It is important in order to understand how incubators can adapt their support more effectively to help entrepreneurs overcome their challenges.  The thesis purpose is to broaden the understanding of how business logics and challenges of startups adhere to the industry they are in, and how the support given by business incubators can help the businesses to overcome challenges associated with these business logics. The research design was qualitative, and data was collected by performing six semi-structured interviews with entrepreneurs within creative and technology-based industries, enrolled at business incubators with these specializations.  The study results in a proposed model, giving extension to the original triad model by Carvalho & Galina (2015). In the proposed model, new dimensions of the support system as well as the nature of the startups’ business logics, and challenges are addressed. The proposed model and the study’s results may act as a guiding framework for future research in the field, aiming to gain a better understanding of the reality of startups with different business logics.