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Articoli di riviste sul tema "Consideration (Law)"

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강창보 e kim yeu-sun. "Consideration About House Lease Law of Japan". 법과정책 20, n. 2 (agosto 2014): 1–24. http://dx.doi.org/10.36727/jjlpr.20.2.201408.001.

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IWASHIMIZU, Yukio. "Consideration on Acoustoelastic Law for Shear Waves." Journal of the Society of Materials Science, Japan 41, n. 466 (1992): 1191–97. http://dx.doi.org/10.2472/jsms.41.1191.

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Benedict, Jörg. "Consideration Formalismus und Realismus im Common Law of Contract Consideration Formalismus und Realismus im Common Law of Contract". Rabels Zeitschrift für ausländisches und internationales Privatrecht 69, n. 1 (2005): 1. http://dx.doi.org/10.1628/0033725054397480.

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Fleming, David. "Contract—Economic Duress—Consideration". Cambridge Law Journal 48, n. 3 (novembre 1989): 362–63. http://dx.doi.org/10.1017/s0008197300109596.

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Susanti, Dewi Elvi. "PEMIDANAAN TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA STUDI KASUS PERKARA PIDANA NO. 07/PID-SUS-ANAK/2017/PN.PDG". JCH (Jurnal Cendekia Hukum) 4, n. 2 (28 marzo 2019): 187. http://dx.doi.org/10.33760/jch.v4i2.103.

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This study illustrates the basis and consideration of public prosecutors and judges in convicting children as perpetrators of crimes in a letter of claim and decision. There were two issues that would be examined, namely: a) What is the basis and consideration of the Public Prosecutor to file a complaint against the Child as a criminal in a case Number: 07/Pid.Sus-Anak/2017/Pn.Pdg, b) What is the basis and consideration of the Judge in making a decision on the Child as a criminal offender in the decision Number: 07/Pid.Sus-Anak/2017/Pn.Pdg, To discuss this problem a normative juridical method is used. From the results of the research obtained answers, a) the basis of the public prosecutor to file a claim against a child is Law Number 3 of 1997 concerning the Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Justice System, and several Circular of the Indonesian Attorney General, while prosecutor's consideration General filed a claim in court No. 07/Pid.Sus-Anak/2017/Pn.Pdg was the fulfillment of the elements of the article being charged, things that incriminate and alleviate children's actions, the condition of parents of children, recommendations of correctional facilities (Bapas), paying attention to the interests of the community, victims and perpetrator; b) the basis of the judge in making a decision in case No. 07/Pid.Sus-Anak/2017/Pn.Pdg was Law Number 11 of 2012 concerning the Criminal Justice System of Children and was Law Number 3 of 1997 concerning Juvenile Courts. There were 2 (two) considerations the judge handed down the decision in case No. 07/Pid.Sus-Anak/2017/Pn.Pdg are juridical considerations and non-juridical considerations.
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Jumadi, Jumadi, e Indrajaya Indrajaya. "Pertimbangan Hakim Menjatuhkan Hukuman Pidana Bersyarat terhadap Pelaku Tindak Pidana Narkotika". Wajah Hukum 6, n. 2 (14 ottobre 2022): 471. http://dx.doi.org/10.33087/wjh.v6i2.1096.

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Abstract One of the goals of criminal law is as a social institution that includes several things, namely as part of a social reaction when there is a violation of applicable norms. When the judge's decision by imposing a conditional criminal sentence on narcotics, it often invites debate and dissatisfaction from various parties. The problem of this journal is what is the basis for the judge's consideration of imposing a conditional criminal sentence and what are the inhibiting factors for the application of the judge's decision. This research is an empirical legal research that prioritizes field data using the analytical descriptive specification method. The results of the study that the judge's consideration of imposing a conditional sentence in a narcotics crime case at the Palembang Class IA District Court was based on juridical considerations (legal certainty), namely Article 14a to Article 14f of the Criminal Code, Article 127 paragraph (1) letter c of the Narcotics Law and sociological considerations and philosophical considerations. The inhibiting factors for applying conditional criminal penalties at the Class IA Palembang District Court are the law factor, law enforcement officers, infrastructure, and the cultural factor of the community itself.
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Bilalu, Naskur, Ridwan Jamal, Nurlaila Harun e Syahrul Mubarak Subeitan. "Compilation of Islamic Law as Judge's Consideration at a Religious Court in North Sulawesi, Indonesia". Samarah: Jurnal Hukum Keluarga dan Hukum Islam 6, n. 2 (3 ottobre 2022): 514. http://dx.doi.org/10.22373/sjhk.v6i2.12441.

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This study examines the Compilation of Islamic Law (KHI) as a consideration for Religious Court Judges in North Sulawesi in resolving legal cases. This paper is empirical legal research using the sociology of law approach based on facts related to the considerations of judges and decisions of the religious courts in North Sulawesi as the application of the Compilation of Islamic Law. The data collection technique is based on literature review, especially court decisions and in-depth interviews with judges. The findings show that there are four forms of application of KHI, namely: First, KHI is the main reference with considerations: 1) if there is no basis for legal considerations in Laws and Government Regulations; 2) KHI is the agreement of the ulema and is a series of written laws; 3) KHI is jurisprudence, Second, KHI is a reinforcement reference to Government Laws and Regulations with the following considerations: 1) KHI is a reaffirmation of Government Laws and Regulations; 2) KHI provides Islamic characteristics and values; 3) KHI is a special provision for Muslims; 4) KHI realizes marriages must be carried out based on the provisions of the law of religion and belief. Third, KHI is a special reference with the considerations: 1) KHI regulates specifically, while it is not found in laws and Government Regulations; 2) KHI is a special reference for Religious Courts; 3) KHI has regulated while the laws and regulations have not regulated, and Fourth, KHI is not a reference at all with the consideration that no legal basis is found.
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Baase, Mathabo. "Chastisement and the Consideration of African Customary Law in Child Law Matters". Constitutional Court Review 11, n. 1 (dicembre 2021): 207–28. http://dx.doi.org/10.2989/ccr.2021.0008.

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Ji, Yi, Defu Lin, Wei Wang, Shaoyong Hu e Pei Pei. "Three-dimensional terminal angle constrained robust guidance law with autopilot lag consideration". Aerospace Science and Technology 86 (marzo 2019): 160–76. http://dx.doi.org/10.1016/j.ast.2019.01.016.

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Chin, Hee-Kwon. "Communication and consideration in Confucian traditional criminal law". Northeast Asian law journal 11, n. 3 (31 gennaio 2018): 363–82. http://dx.doi.org/10.19035/nal.2018.11.3.15.

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Tesi sul tema "Consideration (Law)"

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Twyford, John. "The doctrine of consideration the role of consideration in contract modifications /". Sydney : University of Technology, Sydney. Faculty of Law, 2002. http://hdl.handle.net/2100/286.

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Von, Alvensleben Philipp Carl. "Fundamental change of circumstances and the principle of 'causa finalis'". Thesis, Stellenbosch : Stellenbosch University, 2001. http://hdl.handle.net/10019.1/52278.

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Thesis (LLM)--Stellenbosch University, 2001.
ENGLISH ABSTRACT: On the basis of a comparative analysis of the case law in Germany, England and South Africa dealing with fundamental change of circumstances, it is submitted that the underlying principle of this problem area is the idea of frustration of the contractual purpose (causa finalis). The problem of fundamental change of circumstances is directly connected with basic issues of legal theory such as the dichotomy between legal certainty and substantive justice, the role and limits of interpretation, the concretisation of principles, the adjudication of interests and the problem of value-judgements in the law which are of immediate influence on the understanding of the problem by judges and legal commentators. A broad perspective on the topic is necessarily indicated hereby. The thesis therefore starts off with an account of the role of purpose (causa finalis) in the history of legal philosophy, with a focus on developments in Germany. The continuing relevance of Aristotelian-Thomistic legal thinking is emphasized. The German and English case law dealing with fundamental change of circumstances is analyzed in an analogous manner. An account of the history and development of the doctrines dealing specifically with fundamental change of circumstances is given: the clausuIa rebus sic stantibus of the ius commune, the doctrine of WegJall der Geschaftsgrundlage in Germany and the doctrine of frustration of contract and common mistake in England. The crucial elements of the approach of the courts are restated. The positions of the two most influential German legal authors involved on opposite sides of the debate concerning the doctrine of WegJall der Geschaftsgrundlage are discussed. At the end of the discussion of English case law, the approach of the English courts is compared with that of their German counterparts, providing a basis for the development of the author's understanding of the concept causafinalis. Notwithstanding the fact that South African law does not recognize a doctrine dealing specifically with fundamental change of circumstances, and in spite of dicta to the effect that the English doctrine of frustration of contract is not part of South African law, it is submitted that the doctrine of frustration of contract has nevertheless strongly influenced the South African law of supervening impossibility and supposition, and has arguably become part and parcel of it. Likewise, cases of frustration of the contractual purpose due to a fundamental change of circumstances have been dealt with by means of other doctrinal devices such as common mistake. It is submitted, finally, that the famous and controversial issue of the role of causa in South African law should be reconsidered, since it may contribute to the understanding of the notion of contract, and assist in overcoming the current doctrinal crisis of the theory of contract.
AFRIKAANSE OPSOMMING: Aan die hand van 'n vergelykende analise van die regspraak in Duitsland, Engeland en Suid- Afrika betreffende fundamentele verandering van omstandighede, word ter oorweging gegee dat die beginselonderliggend aan hierdie probleemgebied te vind is in die gedagte van verydeling van die kontraksoogmerk. Die probleem van fundamentele verandering van omstandighede staan in onmiddellike verband met basiese vrae van die regsteorie, onder andere die teenstelling tussen regsekerheid en substantiewe geregtigheid, die rol en perke van uitleg, die konkretisering van beginsels, die opweging van belange en die probleem van waarde-oordele in juridiese verband wat almal inspeel op die hantering van die probleem deur regters en kommentatore. Met die oog hierop is 'n breë invalshoek op die ondersoekveld gebiedend. Die ondersoek neem derhalwe as vertrekpunt 'n oorsig oor die rol van oogmerk (causa finalis) in die geskiedenis van die regsfilosofie met 'n besondere klem op ontwikkelinge in Duitsland. Die deurlopende belang van Aristoteliaans- Thomistiese denkwyses word beklemtoon. Die Duitse en Engelse regspraak betreffende fundamentele verandering van omstandighede word op 'n eenvormige grondslag ontleed. 'n Oorsig van die geskiedenis van leerstukke wat spesifiek verband hou met fundamentele verandering van omstandighede word aangepak, te wete die sg clausuia rebus sic stantibus van die ius commune en die leerstuk van Wegfall der Geschafstgrundlage in Duitsland en die leerstuk van frustration of contract en common mistake in Engeland. Die kemaspek van die benadering van die howe word uitgespel. Die botsende standpunte van twee van die mees invloedryke Duitse denkers in die teoretiese debat bied 'n breë konseptueie raamwerk vir die uiteindelike vergelyking van die Engelse regspraak met die van die Duitse howe en die ontwikkeling van 'n eie standpunt aangaande die begrip causafinalis. Die Suid-Afrikaanse reg erken nie 10 soveel woorde dat veranderende omstandighede as sodanig die bestaan van 'n kontrak raak nie, en in die besonder word die Engelsregtelike leerstuk van frustration of contract in vele regterlike dicta verwerp. Die ondersoek na die Suid-Afrikaanse respraak lei egter tot die gevolgtrekking dat die Suid-Afrikaanse reg aangaande onmoontlikwording van prestasie en die veronderstelling inderdaad in wesenlike opsigte deur die leerstuk van frustration beïnvloed is. Verydeling van die kontraksoogmerk ten gevolge van veranderende omstandighede geniet ook juridiese erkenning deur middel van . ander juridiese meganismes soos die leerstuk van gemeenskaplike dwaling. Die slotsom van die behandeling van die Suid-Afrikaanse reg is dat die berugte en omstrede rol van causa in die Suid-Afrikaanse Kontraktereg herwaardering verg.
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Spierings, Charlotte. "Unilateral conduct in English private law". Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:72c0ec9c-f2fa-47cf-a3c6-03ce1dc3f041.

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This thesis explores the question how unilateral conduct can create, vary or discharge obligations in English private law and how unilateral conduct is regulated. First, it is explained that the reason for asking this question follows from the candidate’s background in a civil law jurisdiction, in which unilateral juridical acts are regarded a category of legally relevant behaviour. After observing the obstacles in English law to the recognition of the civil law concept of unilateral juridical acts, a number of examples of unilateral conduct are identified that create legal effect. The focus of the thesis is on examples of unilateral conduct that create, vary or discharge obligations. English law allows the creation of obligations by unilateral conduct only in very specific instances. It is observed that unilateral conduct can create or transfer property rights. The different approach is explained primarily by deeply rooted distinction in English law between words and acts. Subsequently, the thesis discusses how unilateral conduct is regulated. For some issues, notably interpretation, revocability and the intention to create legal effect, similar rules apply to the different examples of unilateral conduct. For other issues, especially mistake and form requirements, the rules diverge. It is concluded that unilateral conduct forms a category of legally relevant behaviour in English law. This category is divided in unilateral conduct that creates obligations, quasi-contractual unilateral conduct that varies or discharges obligations and unilateral voluntary property transactions. Whereas quasi-contractual unilateral conduct is closely related to contracts and should thus generally be regulated in a manner similar to contracts, the unilateral voluntary property transaction is a distinct concept, to which specific rules apply.
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Krebs, Thomas. "Failure of consideration : a comparative study". Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.264584.

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Boardman, Charlotte Mary. "Considering consideration : a critical and comparative analysis of the doctrine of consideration in the Anglo-Canadian common law". Thesis, University of British Columbia, 2013. http://hdl.handle.net/2429/45660.

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The doctrine of consideration is widely regarded as one of the most problematic contract law doctrines present within the common law. For many years, there had been discussion about its possible removal, but recent times this discussion appears to have come to a virtual halt and little has been done to improve the current situation. It seems that many of the possibilities for the reform of the doctrine of consideration have already been explored by various reform committees and subsequently rejected. In order to re-open the discussion surrounding the problems caused by consideration, and to present further possibilities, this thesis explores a different approach to the reform of the doctrine; it focuses on the modification of contracts in the Anglo-Canadian common law, an area in which consideration has come to be a particular problem and identifies the ways in which the German civil law might act as an aid to the reform of the law in this area. In order to do this, the history of the doctrine of consideration and its German civil law equivalents is examined so as to identify common areas in their development. The reasons for the current need for the reform of the doctrine of consideration in the Anglo-Canadian common law, including its complexity, its use as a mask for the real reasons behind judicial decision-making and the common trend towards the harmonization of contracts law, are then identified. The German rules on the modification of contracts are subsequently identified using a modified functional comparative approach. These rules are then examined in order to determine the ways in which they differ from the Anglo-Canadian common law in the absence of a doctrine of consideration-the main difference being that there is no doctrine of consideration, nor anything comparable to it, within the German law. Finally, it is concluded that the German law would best be used as inspiration for a set of model laws, developed using both the Anglo-Canadian common law and the German civil law.
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Šebeková, Veronika. "Srovnání institutů consideration a kauzy v smluvním právu". Master's thesis, Vysoká škola ekonomická v Praze, 2008. http://www.nusl.cz/ntk/nusl-10347.

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This master thesis focuses on a comparison of two contract law institutes -- consideration and cause. While the former is an Anglo-American legal concept, the later is of civil law origin. The goals of this comparative study are as follows: 1. to analyze consideration and cause with the emphasis on the problematic aspects; 2. to compare the institutes with regard to their function in contracts formation; 3. to assess their reasonableness and consider alternative solutions which could better comply with the requirements of modern contract law. The structure of the paper corresponds to the above-mentioned aims.
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Katren, Scott E. "A consideration of those things belonging to the partnership of conjugal life an analysis of Canon 1135 /". Theological Research Exchange Network (TREN), 2002. http://www.tren.com.

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Seitz, Florian. "The infringement of prisoners' right to vote : an analysis of intentions and general principles in due consideration of recent judgements". Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12663.

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The right to vote is the most important and often even the only possibility of citizens to participate in a democracy’s governance. Generally accepted democratic principles like the electoral equality and the objective to include all citizens who have acquired their full age and are of sound mind in the decision-making process demand that disenfranchisement may - if at all - only occur in very exceptional cases. However, laws infringing prisoners’ right to vote are widespread and differ greatly among established democracies: While some states do not impose any restrictions on the right of prisoners to vote, others (like many states in the USA) exclude most or all of their detainees from taking part in elections, sometimes even after their release.1 Even though this phenomenon pertains to core issues of democratic principles as well as central human rights aspects, it has not been subject to noteworthy public debate for a long time. Due to several decisions of national constitutional courts and the European Court of Human Rights (ECtHR) within the last decade, felony disenfranchisement has gained more attention among legal academics. Still, most of this literature is limited to the specific arguments which have been brought forward in the particular court procedures. From my point of view, a holistic analysis which seeks to give a general recommendation whether or not to grant prisoners the right to vote – and if so, what restrictions may still be feasible – must not only focus on a national context, but has to consider legal philosophic and political issues, too. The long grinding debate which is going on in the British Parliament about the amendments demanded by Strasbourg’s European Court of Human Rights (ECtHR) emphasises the practical necessity of such a study.
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Solanke, Oluwatosin Modupe. "Proposed amendments for consideration in the review of the copyright and trademarks protection for the digital environment in Nigeria". Master's thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/13037.

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This thesis considers the manner in which Nigerian intellectual property law regulates the digital environment. The main question it asks is whether existing intellectual property law adequately balances and protects the rights of rightholders and users in the digital environment.
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Vartkessian, Elizabeth S. "Fatal distraction : does the Texas capital sentencing statute discourage the consideration of mitigating evidence?" Thesis, University of Oxford, 2011. http://ora.ox.ac.uk/objects/uuid:61962e9e-12eb-47a0-9edb-cfd0dea1001b.

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Whether the capital sentencing statute in Texas provides a vehicle for jurors to give effect to mitigation evidence has been a critical factor when the United States Supreme Court has sought to determine its constitutionality. Unlike the majority of other American jurisdictions which maintain capital punishment as a penalty, Texas utilizes a particularly unique scheme which places an assessment of the defendant’s dangerousness at the center of the sentencing decision. Using data gathered from personally conducted interviews with forty-six former capital jurors and trial transcripts from each trial in which they served, this thesis demonstrates how the current sentencing scheme in Texas fails to provide jurors with an adequate vehicle for considering mitigation evidence. Beginning with an analysis of the process of jury selection this study examines the various ways in which the sentencing scheme is explained to potential jurors by the judge, prosecution, and defense attorneys. Of crucial importance is how the mitigation instruction is reconstituted by trial judges and prosecutors into an extension of the defendant’s potential future dangerousness. Emerging from this analysis is the central role that the interpretation of the sentencing statute by legal actors play in determining how jurors view the evidence presented throughout the trial, as well as what factors they believe they are legally permitted to consider in sentencing. The findings of this study strongly suggest that the focus of the sentencing scheme on the defendant’s dangerousness inhibits jurors’ ability to view mitigation evidence unrelated to the crime as mitigating. Thus, the Texas capital sentencing statute in its application appears to prevent jurors from giving effect to personal mitigation, an essential element of a constitutionally satisfactory death penalty statute.
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Libri sul tema "Consideration (Law)"

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Law of contract in India: The doctrine of consideration. New Delhi: Deep & Deep Publications, 1985.

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Navarretta, Emanuela. La causa e le prestazioni isolate. Milano: A. Giuffrè, 2000.

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Garibotto, Juan Carlos. La causa final del acto jurídico. Buenos Aires: Abeledo-Perrot, 1985.

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Hurtado, Avelino León. La causa. Santiago de Chile: Editorial Jurídica de Chile, 1990.

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Sicchiero, Gianluca. Il contratto con causa mista. Padova: CEDAM, 1995.

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Paolini, Elena. La causa del contratto. Padova: CEDAM, 1999.

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Ḥakīm, ʻAbd al-Majīd. al-Iʻtibār ka-rukn fī al-ʻaqd fī al-qānūn al-Ankalū Amrīkī: Maʻ muqaddamah ʻāmmah fī al-taʻrīf bi-al-qānūn al-muqāran wa-ʻilm al-khilāf wa-ahammīyat al-dirāsāt al-muqāranah. [S.l: s.n.], 1991.

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Porta, Ubaldo La. Il problema della causa del contratto. Torino: G. Giappichelli, 2000.

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Board, Auditing Practices. Consideration of law and regulations. London: Auditing Practices Board, 1993.

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Board, Auditing Practices. Consideration of law and regulations. London: Auditing Practices Board, 1995.

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Capitoli di libri sul tema "Consideration (Law)"

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Cooper, Tracey, e Ewan Kirk. "Consideration". In Contract Law, 51–83. 2a ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003141266-3.

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Hough, Tracey, e Ewan Kirk. "Consideration". In Contract Law, 43–74. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315678283-3.

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Adriaanse, John. "Consideration". In Construction Contract Law, 78–98. London: Macmillan Education UK, 2010. http://dx.doi.org/10.1007/978-0-230-36600-8_4.

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Adriaanse, John. "Consideration". In Construction Contract Law, 78–96. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-00959-3_4.

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McKendrick, Ewan. "Consideration and form". In Contract Law, 62–106. London: Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-07873-5_5.

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McKendrick, Ewan. "Consideration and Form". In Contract Law, 68–112. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14657-4_5.

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McKendrick, Ewan. "Consideration and form". In Contract Law, 66–115. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60926-7_5.

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Morgan, Jonathan. "Enforceability: Consideration, Intention and Estoppel". In Great Debates in Contract Law, 30–69. London: Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-48160-3_2.

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Stone, Richard, e James Devenney. "Consideration and other tests of enforceability". In The Modern Law of Contract, 93–142. 14a ed. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003143277-3.

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Stone, Richard, e James Devenney. "Consideration and other tests of enforceability". In The Modern Law of Contract, 93–141. Thirteenth edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, [2019]: Routledge, 2019. http://dx.doi.org/10.4324/9780429325199-3.

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Atti di convegni sul tema "Consideration (Law)"

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Kavlak, Bengul, e Hukuk Fakultesi. "Consideration of Robots Citizenship in terms of Law". In 2019 Innovations in Intelligent Systems and Applications Conference (ASYU). IEEE, 2019. http://dx.doi.org/10.1109/asyu48272.2019.8946402.

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Farshchi, Mostafa, Yusmadi Y. Jusoh e Masrah A. A. Murad. "Reassessing Brooks' Law through Consideration of Manpower Abilities". In Parallel and Distributed Computing and Networks / Software Engineering. Calgary,AB,Canada: ACTAPRESS, 2011. http://dx.doi.org/10.2316/p.2011.720-068.

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Fedorov, Roman. "TO THE ISSUE OF CLASSIFICATION OF PERSONS PARTICIPATING IN THE ARBITRATION PROCESS". In Law and law: problems of theory and practice. ru: Publishing Center RIOR, 2020. http://dx.doi.org/10.29039/02033-3/159-170.

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The article is devoted to the classification of subjects of arbitration process. Author analyses several traditional approaches to the structure of arbitration procedural legal relations and examine one of its basic elements — the participants of the legal relationship. The author notes that the range of subjects of the arbitration process is unstable and changes depending on the stage of the process, as well as on the nature of the procedural actions performed, and the circumstances of the case under consideration. Special attention is paid to the role and legal status of the court as the main subject in the arbitration process.
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Zhao, Zhenhua, Jun Yang, Shihua Li e Chaoyuan Man. "Continuous terminal sliding mode guidance law with consideration of autopilot dynamics". In IECON 2017 - 43rd Annual Conference of the IEEE Industrial Electronics Society. IEEE, 2017. http://dx.doi.org/10.1109/iecon.2017.8217054.

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Gschwinder, Joachim. "Sustainability and Labour Law". In Challenges in Economics and Business in the Post-COVID Times. University of Maribor Press, 2022. http://dx.doi.org/10.18690/um.epf.5.2022.20.

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This article explores the question of how sustainability and labour law are interrelated. The modern world of work is characterised by the growing social and environmental responsibility of companies. Especially in the post-COVID era, sustainability also plays an increasingly important role in the corporate context, which is also noticeable in the so-called ‘war for talent’. Achieving personal career goals is no longer enough for employees today. Corporate values and in particular the socalled ESG criteria (Environment, Social, Governance) are thus also becoming increasingly important in the employment relationship and in corporate reporting requirements. In terms of social sustainability, labour law instruments can, for example, promote the creation of a discrimination-free working environment, the introduction of flexible working time models or the protection of whistleblowers. From an ecological perspective, labour regulations are also suitable for implementing ‘green mobility’ and other measures to reduce companies’ ecological footprints. Working from home, which experienced a huge boom during the COVID-19 pandemic, is also sustainable, especially from an ecological point of view. Appropriate consideration of these sustainable work tools in future corporate social responsibility (CSR) strategies not only creates a competitive advantage but can also be beneficial in recruitment.
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Pempie, Pascal. "Consideration on Launch Vehicle Cost Modelisation". In 54th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. Reston, Virigina: American Institute of Aeronautics and Astronautics, 2003. http://dx.doi.org/10.2514/6.iac-03-v.2.08.

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Wilson, T. L. "Power Consideration in the Context of SETI". In 54th International Astronautical Congress of the International Astronautical Federation, the International Academy of Astronautics, and the International Institute of Space Law. Reston, Virigina: American Institute of Aeronautics and Astronautics, 2003. http://dx.doi.org/10.2514/6.iac-03-iaa.9.1.09.

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Zhou, Wen. "The Comprehensive Consideration on Optimizing the Teaching Mode of Physical Education in Colleges and Universities". In 3rd International Conference on Economics, Management, Law and Education (EMLE 2017). Paris, France: Atlantis Press, 2017. http://dx.doi.org/10.2991/emle-17.2017.166.

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"FOREIGN ELEMENT IN CREDIT AND SECURITARY TRANSACTIONS: ISSUES OF APPLICABLE LAW AND PLACE OF CONSIDERATION OF DISPUTES ARISING FROM AGREEMENTS WITH BANK". In Current Issue of Law in the Banking Sphere. Samara State Economic University, 2019. http://dx.doi.org/10.46554/banking.forum-10.2019-37/41.

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Çengel, Yunus A., Yunus Çerçi e Byard Wood. "Second Law Analysis of Separation Processes of Mixtures". In ASME 1999 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 1999. http://dx.doi.org/10.1115/imece1999-0866.

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Abstract Mixing and separation processes are commonly encountered in a wide range of industries in practice. Separation processes require a work (more generally, exergy) input, and minimizing this required work input is an important part of the design process of separation plants. The presence of dissimilar molecules in a mixture affect each other, and therefore the influence of composition on the properties must be taken into consideration in any thermodynamic analysis. Below we first analyze the general mixtures and the mixing processes, with particular attention to ideal solutions, and determine the entropy generation and the corresponding exergy destruction. We then consider the reverse process of separation, and determine the minimum (or reversible) work input needed for separation. The results presented can readily be used in the calculation of minimum work input and the determination of the second law efficiency of separation processes.
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Rapporti di organizzazioni sul tema "Consideration (Law)"

1

Ovcharov, A. V. On criminal law approaches to the assessment of «friendly fire». DOI CODE, 2021. http://dx.doi.org/10.18411/2074-1944-2021-0165.

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The article is devoted to the consideration of the phenomenon of «friendly fire» in modern military conflicts and the development of general criminal-legal approaches to its assessment. The article analyzes the causes of «friendly fire», discusses its types and provides the most famous cases of «fire on their own» in military history. Еhe article contains recommendations for determining the guilt of persons who committed cases of «friendly fire» and compares the phenomenon under consideration with the criminal-legal category of extreme necessity
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Lewis, Dustin. Three Pathways to Secure Greater Respect for International Law concerning War Algorithms. Harvard Law School Program on International Law and Armed Conflict, 2020. http://dx.doi.org/10.54813/wwxn5790.

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Existing and emerging applications of artificial intelligence in armed conflicts and other systems reliant upon war algorithms and data span diverse areas. Natural persons may increasingly depend upon these technologies in decisions and activities related to killing combatants, destroying enemy installations, detaining adversaries, protecting civilians, undertaking missions at sea, conferring legal advice, and configuring logistics. In intergovernmental debates on autonomous weapons, a normative impasse appears to have emerged. Some countries assert that existing law suffices, while several others call for new rules. Meanwhile, the vast majority of efforts by States to address relevant systems focus by and large on weapons, means, and methods of warfare. Partly as a result, the broad spectrum of other far-reaching applications is rarely brought into view. One normatively grounded way to help identify and address relevant issues is to elaborate pathways that States, international organizations, non-state parties to armed conflict, and others may pursue to help secure greater respect for international law. In this commentary, I elaborate on three such pathways: forming and publicly expressing positions on key legal issues, taking measures relative to their own conduct, and taking steps relative to the behavior of others. None of these pathways is sufficient in itself, and there are no doubt many others that ought to be pursued. But each of the identified tracks is arguably necessary to ensure that international law is — or becomes — fit for purpose. By forming and publicly expressing positions on relevant legal issues, international actors may help clarify existing legal parameters, pinpoint salient enduring and emerging issues, and detect areas of convergence and divergence. Elaborating legal views may also help foster greater trust among current and potential adversaries. To be sure, in recent years, States have already fashioned hundreds of statements on autonomous weapons. Yet positions on other application areas are much more difficult to find. Further, forming and publicly expressing views on legal issues that span thematic and functional areas arguably may help States and others overcome the current normative stalemate on autonomous weapons. Doing so may also help identify — and allocate due attention and resources to — additional salient thematic and functional areas. Therefore, I raise a handful of cross-domain issues for consideration. These issues touch on things like exercising human agency, reposing legally mandated evaluative decisions in natural persons, and committing to engage only in scrutable conduct. International actors may also take measures relative to their own conduct. To help illustrate this pathway, I outline several such existing measures. In doing so, I invite readers to inventory and peruse these types of steps in order to assess whether the nature or character of increasingly complex socio-technical systems reliant upon war algorithms and data may warrant revitalized commitments or adjustments to existing measures — or, perhaps, development of new ones. I outline things like enacting legislation necessary to prosecute alleged perpetrators of grave breaches, making legal advisers available to the armed forces, and taking steps to prevent abuses of the emblem. Finally, international actors may take measures relative to the conduct of others. To help illustrate this pathway, I outline some of the existing steps that other States, international organizations, and non-state parties may take to help secure respect for the law by those undertaking the conduct. These measures may include things like addressing matters of legal compliance by exerting diplomatic pressure, resorting to penal sanctions to repress violations, conditioning or refusing arms transfers, and monitoring the fate of transferred detainees. Concerning military partnerships in particular, I highlight steps such as conditioning joint operations on a partner’s compliance with the law, planning operations jointly in order to prevent violations, and opting out of specific operations if there is an expectation that the operations would violate applicable law. Some themes and commitments cut across these three pathways. Arguably, respect for the law turns in no small part on whether natural persons can and will foresee, understand, administer, and trace the components, behaviors, and effects of relevant systems. It may be advisable, moreover, to institute ongoing cross-disciplinary education and training as well as the provision of sufficient technical facilities for all relevant actors, from commanders to legal advisers to prosecutors to judges. Further, it may be prudent to establish ongoing monitoring of others’ technical capabilities. Finally, it may be warranted for relevant international actors to pledge to engage, and to call upon others to engage, only in armed-conflict-related conduct that is sufficiently attributable, discernable, and scrutable.
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Battakhov, P. P. MAIN PROVISIONS OF SOCIAL ENTERPRISE IN RUSSIA. DOICODE, 2020. http://dx.doi.org/10.18411/2276-6598-2020-58823.

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This article discusses the concept of the social orientation of activity and the entrepreneurial approach at the level of the Russian Federation, including a number of aspects of the legal regulation of public relations between organizations of state power and social entrepreneurs. The main problem of the study is the study of the sequence of the assignment of the status of a social enterprise by the authorities Russia at the federal level. Currently, the question is being raised about the adoption of a separate federal legislative act "On the development of small and medium-sized enterprises in the Russian Federation." The introduction of the relevant law is necessary, since the reasons are the basis for the inevitability of consideration of public problems and the adoption of relevant official documents in all regions of the Russian Federation.
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S. Abdellatif, Omar. Localizing Human Rights SDGs: Ghana in context. Raisina House, giugno 2021. http://dx.doi.org/10.52008/gh2021sdg.

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In September 2015, Ghana along all UN member states endorsed the Agenda 2030 Sustainable Development Goals (SDGs) as the cardinal agenda towards achieving a prosperous global future. The SDGs are strongly interdependent, making progress in all goals essential for a country’s achievement of sustainable development. While Ghana and other West African nations have exhibited significant economic and democratic development post-independence. The judiciary system and related legal frameworks, as well as the lack of rule law and political will for safeguarding the human rights of its citizens, falls short of considering violations against minorities. Will Ghana be able to localize human rights related SDGs, given that West African governments historically tended to promote internal security and stability at the expense of universal human rights? This paper focuses on evaluating the commitments made by Ghana towards achieving Agenda 2030, with a particular focus on the SDGs 10 and 16 relating to the promotion of reduced inequalities, peace, justice and accountable institutions. Moreover, this paper also analyzes legal instruments and state laws put in place post Ghana’s democratization in 1992 for the purpose of preventing discrimination and human rights violations in the nation. The article aims to highlight how Ghana’s post-independence political experience, the lack of rule of law, flaws in the judiciary system, and the weak public access to justice are obstacles to its effective localization of human rights SGDs. Those obstacles to Ghana’s compliance with SDGs 10 and 16 are outlined in this paper through a consideration of human rights violations faced by the Ghanaian Muslim and HIV minorities, poor prison conditions, limited public access to justice and the country’s failure to commit to international treaties on human rights. Keywords: Ghana, human rights, rule of law, security, Agenda 2030
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Zhang, Xingyu, Matteo Ciantia, Jonathan Knappett e Anthony Leung. Micromechanical study of potential scale effects in small-scale modelling of sinker tree roots. University of Dundee, dicembre 2021. http://dx.doi.org/10.20933/100001235.

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When testing an 1:N geotechnical structure in the centrifuge, it is desirable to choose a large scale factor (N) that can fit the small-scale model in a model container and avoid unwanted boundary effects, however, this in turn may cause scale effects when the structure is overscaled. This is more significant when it comes to small-scale modelling of sinker root-soil interaction, where root-particle size ratio is much lower. In this study the Distinct Element Method (DEM) is used to investigate this problem. The sinker root of a model root system under axial loading was analysed, with both upward and downward behaviour compared with the Finite Element Method (FEM), where the soil is modelled as a continuum in which case particle-size effects are not taken into consideration. Based on the scaling law, with the same prototype scale and particle size distribution, different scale factors/g-levels were applied to quantify effects of the ratio of root diameter (𝑑𝑟) to mean particle size (𝐷50) on the root rootsoil interaction.
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Bizer, Kilian, e Martin Führ. Responsive Regulierung für den homo oeconomicus institutionalis – Ökonomische Verhaltenstheorie in der Verhältnismäßigkeitsprüfung. Sonderforschungsgruppe Institutionenanalyse, 2001. http://dx.doi.org/10.46850/sofia.393379529x.

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The starting point of the research project was the hypothesis that the "principle of proportionality", which is fundamental to law, is related to the "economic principle". The resulting methodological similarities were intended to enable a cross-disciplinary bridge to be built, which would allow the findings of economic analysis to be made fruitful for legal issues. This was practically tested in three study areas in order to be able to better classify the performance of the analytical tools. The foundations for interdisciplinary bridge building are found in the rational-choice paradigm. In both disciplines, this paradigm calls for an examination of the relationship between the purpose-means-relations: among the design options under consideration, the one must be selected that is expected to be as (freedom- or resource-) sparing as possible, in other words, the most "waste-free" solution to the control problem.The results of the economic analysis can thus be "translated" in such a way that, within the framework of "necessity", they support the search for control instruments that are equivalent to the objective but less disruptive. supports. The core of the positive economic analysis is the motivational situation of those actors whose behavior is to be influenced by a changed legal framework. In this context, the classical behavioral model of economics proved to be too limited. It therefore had to be developed further in line with the findings of research in institutional economics into homo oeconomicus institutionalis. This behavioral model takes into account not only the consequentialist, strictly situational utility orientation of the model person, but also other factors influencing behavior, including above all those that are institutionally mediated. If one takes the motivational situation of the actors as the starting point for policy-advising design recommendations, it becomes apparent that an understanding of governance dominated by imperative behavioral specifications leads to less favorable results, both in terms of the degree to which goals are achieved and in terms of the freedom-impairing effects, than a mixed-instrument approach oriented toward the model of "responsive regulation." According to this model, the law can no longer simply assume that those subject to the law will "obediently" execute the legal commands. It must ask itself what other factors determine behavior and under what boundary conditions changes can be expected in the direction of the desired behavior. For this reason, too, it must engage with the cognitive program of the behavioral sciences. This linkage opens up new perspectives for interdisciplinary research on the consequences of laws.
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Aguayo Navarrete, Estanislao, Douglas J. Reid, James E. Fast e John L. Orrell. Design Considerations for Large Mass Ultra-Low Background Experiments. Office of Scientific and Technical Information (OSTI), luglio 2011. http://dx.doi.org/10.2172/1021284.

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Lewis, Dustin, Naz Modirzadeh e Jessics Burniske. The Counter-Terrorism Committee Executive Directorate and International Humanitarian Law: Preliminary Considerations for States. Harvard Law School Program on International Law and Armed Conflict, marzo 2020. http://dx.doi.org/10.54813/qiaf4598.

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In developing international humanitarian law (IHL), States have aimed in part to lay down the primary normative and operational framework pertaining to principled humanitarian action in situations of armed conflict. The possibility that certain counterterrorism measures may be instituted in a manner that intentionally or unintentionally impedes such action has been recognized by an increasingly wide array of States and entities, including the United Nations Security Council and the U.N. Secretary-General. At least two aspects of the contemporary international discourse on intersections between principled humanitarian action and counterterrorism measures warrant more sustained attention. The first concerns who is, and who ought to be, in a position to authentically and authoritatively interpret and apply IHL in this area. The second concerns the relationships between IHL and other possibly relevant regulatory frameworks, including counterterrorism mandates flowing from decisions of the U.N. Security Council. Partly in relation to those two axes of the broader international discourse, a debate has emerged regarding whether the U.N. Security Council may authorize one particular counterterrorism entity — namely, the Counter-Terrorism Committee Executive Directorate (CTED) — to interpret and assess compliance with IHL pertaining to humanitarian action in relation to certain counterterrorism contexts. In a new legal briefing for the Harvard Law School Program on International Law and Armed Conflict (HLS PILAC), Dustin A. Lewis, Naz K. Modirzadeh, and Jessica S. Burniske seek to help inform that debate by raising some preliminary considerations regarding that possibility. The authors focus on the possible implications of States and other relevant actors pursuing various responses or not responding to this debate. One of the authors’ goals is to help raise awareness of this area with a focus on perspectives drawn from international law. Another is to invite a broader engagement with the question of the preservation of the humanitarian commitments laid down in IHL in a period marked by a growing number — and a deepening — of the intersections between situations of armed conflict and measures to suppress terrorism.
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Burniske, Jessica, e Naz Modirzadeh. Pilot Empirical Survey Study on the Impact of Counterterrorism Measures on Humanitarian Action & Comment on the Study. Harvard Law School Program on International Law and Armed Conflict, marzo 2017. http://dx.doi.org/10.54813/kecj6355.

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To help determine the measurable impact of counterterrorism laws on humanitarian action, the Counterterrorism and Humanitarian Engagement (CHE) Project at the Harvard Law School Program on International Law and Armed Conflict collected data from humanitarian actors demonstrating the impact (or lack thereof) of counterterrorism laws and regulations on humanitarian organizations and their work. The Pilot Empirical Survey Study on the Impact of Counterterrorism Measures on Humanitarian Action (by Jessica S. Burniske and Naz K. Modirzadeh, March 2017) captures the resulting initial attempt at a pilot empirical study in this domain. Modirzadeh wrote a Comment on the Study (March 2017). That Comment raises considerations for states and donors, for humanitarian organizations, and for researchers.
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Aznar, Alexandra Y., e Douglas A. Gagne. Low-Income Community Solar: Utility Return Considerations for Electric Cooperatives. Office of Scientific and Technical Information (OSTI), aprile 2018. http://dx.doi.org/10.2172/1432761.

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