ANTICIPATORY BREACH UNDER THEUNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS

Intricate issues of contract law stem from a rather plain question: is one party, suspecting that the other party will not fulfill his obligations in compliance with the terms of the contract, entitled, prior to the date agreed upon for performance, to suspend his own performance and demand additional guarantees, or even to avoid the contract? International uniform law envisages a number of situations in which a breach is said to have occurred prior to the time agreed upon for performance. In the area of international sales contracts, arts. 71, 72, and 73(2) of the United Nations Convention on Contracts for the International Sale of Goods (hereafter ” CISG” ), applicable to both the buyer and the seller, lay down, on the one hand, the situations in which an anticipatory breach is deemed to have occurred and, on the other hand, the remedies available to the aggrieved party. In other words, these provisions designate the circumstances in which, even though no breach of contract has yet been committed and the time for performance of the obligation has not yet elapsed, a party may, in order to protect his own interests, temporarily stop complying with his contractual obligations or completely free himself from those obligations. In this respect, arts. 71, 72, and 73(2) CISG differ from arts. 49 and 64 CISG, which govern the right of the aggrieved party to avoid the contract when performance is overdue, that is when the other party has actually committed a fundamental breach of contract. Art. 71 and art. 72 CISG differ in their purpose, their conditions of application, and the solutions that they provide. Art. 72 CISG is based on the AngloAmerican doctrine of anticipatory breach and authorizes the innocent party to declare the contract avoided, without the need to wait until the breach materializes on the date when performance is due, if it is clear that the other party will commit a fundamental breach of contract. Art. 71 CISG, on the other hand, merely authorizes the innocent party to suspend performance if it becomes apparent that the other party will not perform a substantial part of his obligations. In other words, whereas art. 72 CISG is aimed at the termination of the contractual relationship and the release of the parties of their obligations, art. 71 CISG is aimed at keeping the contract intact and on foot. Art. 73(2) CISG, in turn, deals with the issue of anticipatory breach in the specific context of installment contracts. The UNIDROIT Principles of International Commercial Contracts (hereafter ”UNIDROIT Principles” ) and the Principles of European Contract Law (hereafter ” PECL” ), represent, like the CISG, attempts to ” promote the unification and/or harmonization of international commercial law.” 1 Today, at the international and European level, the UNIDROIT Principles and the PECL respectively constitute, in the field of transnational commercial contracts, the two sources of nonbinding or soft law2 most commonly referred to. These two sets of Principles are largely inspired by the CISG. Indeed, the Governing Council of UNIDROIT recognized, in its introduction to the UNIDROIT principles, that ” to the extent that the UNIDROIT Principles address issues also covered by the CISG, they follow the solutions found in that Convention.” 3 In fact, the CISG was ” an obligatory point of reference in the preparation of the UNIDROIT Principles.” 4 Similarly, the CISG was, for the drafters of the PECL, ” a particularly fruitful source of ideas.” 5 With these considerations in mind, the present study will attempt, beyond the boundaries of comparative analysis, to draw conclusions regarding the impact of the CISG, with respect to the issue of anticipatory breach, on both the UNIDROIT Principles, and the PECL

Formation and Stability of Synaptic Receptor Domains

Neurotransmitter receptor molecules, concentrated in postsynaptic domains along with scaffold and a number of other molecules, are key regulators of signal transmission across synapses. Employing experiment and theory, we develop a quantitative description of synaptic receptor domains in terms of a reaction-diffusion model. We show that interactions between only receptor and scaffold molecules, together with the rapid diffusion of receptors on the cell membrane, are sufficient for the formation and stable characteristic size of synaptic receptor domains. Our work reconciles long-term stability of synaptic receptor domains with rapid turnover and diffusion of individual receptors.Comment: 5 pages, 3 figures, Supplementary Materia

Molecular and cellular basis for pathogenicity of autoantibodies: lessons from murine monoclonal autoantibodies

The pathogenesis of autoantibody-mediated cellular and tissue lesions in autoimmune diseases is most straightforwardly attributable to the combined action of self-antigen binding properties and effector functions associated with the Fc regions of the different immunoglobulin (Ig) isotypes. The analysis of two different sets of monoclonal autoantibodies derived from lupus-prone mice revealed remarkable differences in the pathogenic potentials of different IgG subclasses: (1) the IgG2a and IgG2b subclasses of anti-red blood cell (RBC) autoantibodies are the most pathogenic and efficiently activate two classes of activating IgG Fc receptors (FcγRIII and FcγRIV) and complement; (2) the IgG3 subclass is less pathogenic and activate only complement; and (3) the IgG1 subclass is the least pathogenic and interact only with FcγRIII. In addition, because of the unique property of IgG3 to form self-associating complexes and generate cryoglobulins, this subclass of rheumatoid factor and anti-DNA autoantibodies became highly pathogenic and induced lupus-like nephritis and/or vasculitis. Since the switch to IgG2a and IgG3 is promoted by Th1 cytokine interferon γ, these results strongly suggest that Th1 autoimmune responses could be critically involved in the generation of more pathogenic autoantibodies in systemic lupus erythematosus. This finding is consistent with the observation that the progression of murine lupus nephritis is correlated with the relative dominance of Th1 autoimmune responses. Finally, the analysis of IgG glycosylation pattern revealed that more sialylated IgG autoantibodies remained poorly pathogenic because of limited Fc-associated effector functions and loss of cryoglobulin activity. This suggests that the terminal sialylation of the oligosaccharide side chains of IgG could be a significant factor determining the pathogenic potential of autoantibodies. Our results thus underline the importance of subpopulations of autoantibodies, induced by the help of Th1 cells, in the pathogenesis of autoantibody-mediated cellular and tissue injurie

Dynamical Adaptation in Photoreceptors

Adaptation is at the heart of sensation and nowhere is it more salient than in early visual processing. Light adaptation in photoreceptors is doubly dynamical: it depends upon the temporal structure of the input and it affects the temporal structure of the response. We introduce a non-linear dynamical adaptation model of photoreceptors. It is simple enough that it can be solved exactly and simulated with ease; analytical and numerical approaches combined provide both intuition on the behavior of dynamical adaptation and quantitative results to be compared with data. Yet the model is rich enough to capture intricate phenomenology. First, we show that it reproduces the known phenomenology of light response and short-term adaptation. Second, we present new recordings and demonstrate that the model reproduces cone response with great precision. Third, we derive a number of predictions on the response of photoreceptors to sophisticated stimuli such as periodic inputs, various forms of flickering inputs, and natural inputs. In particular, we demonstrate that photoreceptors undergo rapid adaptation of response gain and time scale, over ∼ 300 ms—i. e., over the time scale of the response itself—and we confirm this prediction with data. For natural inputs, this fast adaptation can modulate the response gain more than tenfold and is hence physiologically relevant

Self-assembly and plasticity of synaptic domains through a reaction-diffusion mechanism

Signal transmission across chemical synapses relies crucially on neurotransmitter receptor molecules, concentrated in postsynaptic membrane domains along with scaffold and other postsynaptic molecules. The strength of the transmitted signal depends on the number of receptor molecules in postsynaptic domains, and activity-induced variation in the receptor number is one of the mechanisms of postsynaptic plasticity. Recent experiments have demonstrated that the reaction and diffusion properties of receptors and scaffolds at the membrane, alone, yield spontaneous formation of receptor-scaffold domains of the stable characteristic size observed in neurons. On the basis of these experiments we develop a model describing synaptic receptor domains in terms of the underlying reaction-diffusion processes. Our model predicts that the spontaneous formation of receptor-scaffold domains of the stable characteristic size observed in experiments depends on a few key reactions between receptors and scaffolds. Furthermore, our model suggests novel mechanisms for the alignment of pre- and postsynaptic domains and for short-term postsynaptic plasticity in receptor number. We predict that synaptic receptor domains localize in membrane regions with an increased receptor diffusion coefficient or a decreased scaffold diffusion coefficient. Similarly, we find that activity-dependent increases or decreases in receptor or scaffold diffusion yield a transient increase in the number of receptor molecules concentrated in postsynaptic domains. Thus, the proposed reaction-diffusion model puts forth a coherent set of biophysical mechanisms for the formation, stability, and plasticity of molecular domains on the postsynaptic membrane.National Science Foundation (U.S.) (Award DMR-1206323

PENGARUH KUALITAS PELAYANAN TERHADAP KEPUASAN KONSUMEN DI PT. RAMAYANA MOTOR SUKOHARJO

This final project writing aims to find out the satisfaction level the consumers feel on the service given by PT Ramayana Motor Sukoharjo through the dimensions of service quality including Tangible, Reliability, Responsiveness, Assurance and empathy. The problem statement developed in this research is to find out the consumer satisfaction level on the performance given by PT. Ramayana Motor Sukoharjo. Technique of collecting data employed was observation, interview, and questionnaire method. The sampling technique used was simple random sampling with 100 respondents. In this research, technique of discussing used was descriptive analysis one, namely, the one to make a systematic, factual and accurate description about an object studied, while the consumer satisfaction was measured using importance performance analysis. From the research on 100 respondents about the service quality given by PT. Ramayana Motor Sukoharjo, it can be found that the results of consumer assessment on the performance given by the company include: viewed from the importance performance analysis, the highest consumer satisfaction level is in service procedure attribute or factor that will be done quickly, it can be seen from the percentage goodness of fit level of 113.28%, while the smallest attribute is that the employees have knowledge to answer the consumers’ question of 71.15%. The conclusion that can be drawn is that the result of Cartesian diagram of factors becomes the primary priority of PT. Ramayana Motor Sukoharjo and should be done because this factor is considered as important by the company and consumers, including: non strategic and not affordable dealer location, unattractive and untidy physical facility appearance. The recommendation given is that from the location side, the dealer should post the banner in front of its building so that the consumers can find the dealer location easily. From physical facility side, the product arrangement should be adjusted with the types of each product. Keywords: Tangible, Reliability, Responsiveness, Assurance and empathy

Recombinant adeno-associated virus serotype 6 (rAAV2/6)-mediated gene transfer to nociceptive neurons through different routes of delivery

BACKGROUND: Gene transfer to nociceptive neurons of the dorsal root ganglia (DRG) is a promising approach to dissect mechanisms of pain in rodents and is a potential therapeutic strategy for the treatment of persistent pain disorders such as neuropathic pain. A number of studies have demonstrated transduction of DRG neurons using herpes simplex virus, adenovirus and more recently, adeno-associated virus (AAV). Recombinant AAV are currently the gene transfer vehicles of choice for the nervous system and have several advantages over other vectors, including stable and safe gene expression. We have explored the capacity of recombinant AAV serotype 6 (rAAV2/6) to deliver genes to DRG neurons and characterized the transduction of nociceptors through five different routes of administration in mice. RESULTS: Direct injection of rAAV2/6 expressing green fluorescent protein (eGFP) into the sciatic nerve resulted in transduction of up to 30% eGFP-positive cells of L4 DRG neurons in a dose dependent manner. More than 90% of transduced cells were small and medium sized neurons (< 700 microm 2), predominantly colocalized with markers of nociceptive neurons, and had eGFP-positive central terminal fibers in the superficial lamina of the spinal cord dorsal horn. The efficiency and profile of transduction was independent of mouse genetic background. Intrathecal administration of rAAV2/6 gave the highest level of transduction (approximately 60%) and had a similar size profile and colocalization with nociceptive neurons. Intrathecal administration also transduced DRG neurons at cervical and thoracic levels and resulted in comparable levels of transduction in a mouse model for neuropathic pain. Subcutaneous and intramuscular delivery resulted in low levels of transduction in the L4 DRG. Likewise, delivery via tail vein injection resulted in relatively few eGFP-positive cells within the DRG, however, this transduction was observed at all vertebral levels and corresponded to large non-nociceptive cell types. CONCLUSION: We have found that rAAV2/6 is an efficient vector to deliver transgenes to nociceptive neurons in mice. Furthermore, the characterization of the transduction profile may facilitate gene transfer studies to dissect mechanisms behind neuropathic pain

O consumo transmídia da franquia World of Warcraft: percepções dos consumidores brasileiros

The purpose of this paper is to analyze the motivational factors that lead the players in the game World of Warcraft to consume their narratives in various media. The research is classified as exploratory and descriptive type through a questionnaire in four blocks with open and closed questions, applied to players from a group dedicated to the game, in a social network. It is concluded that one of the main factors that motivate the game consumption is your narrative and immersion that provides players.El objetivo de este artículo es analizar los factores motivacionales que llevan a los jugadores del juego World of Warcraft a consumir sus narrativas en diversos medios. La investigación se clasifica como exploratoria y descriptiva a través de un cuestionario subdividido en cuatro bloques con preguntas abiertas y cerradas, aplicado a jugadores de un grupo dedicado al juego, en una red social digital. Se concluye que uno de los principales factores que motivan el consumo del juego es su narrativa y la inmersión que proporciona a los jugadores.O objetivo deste artigo é analisar os fatores motivacionais que levam os jogadores do game World of Warcrafta consumir suas narrativas em diversas mídias. A pesquisa se classifica como exploratória e descritiva por meio de um questionário subdividido em quatro blocos com perguntas abertas e fechadas, aplicado a jogadores de um grupo dedicado ao jogo, em uma rede social digital. Conclui-se que um dos principais fatores que motivam o consumo do jogo é sua narrativa e a imersão que proporciona aos jogadores

Forças públicas de segurança e a população de rua em tempos de Covid-19: encontros e desencontros

This is a qualitative study, based on interviews with This is a qualitative study, based on interviews with agents of the Military Police of Minas Gerais and Municipal Civil Guard of Belo Horizonte, about their performance with homeless people (PSR) in the context of the pandemic by COVID-19. The agents reported lack of training to deal with PSR and to follow their own criteria to meet institutional and community requirements, with protocols being partially determinants of their decision-making processes. The action directed to the PSR involves repressive actions, “hygienists” and control of people and urban space. PSRs are characterized as agents of urban degradation and obstacles to the movement of people, and security forces are called in when social restrictions cannot keep them under control. The pandemic was a reason for initial apprehension in police action, with subsequent relaxation in prevention actions. The article reveals the distance between the norm and the execution with regard to vulnerable populations, manifested in the execution of police work through its discretion.Trata-se de estudo qualitativo, baseado em entrevistas com agentes da Polícia Militar de Minas Gerais e da Guarda Civil Municipal de Belo Horizonte, sobre sua ação junto às pessoas em situação de rua (PSR) no contexto da pandemia da COVID-19. Os agentes relataram falta de treinamentos para lidar com PSR e seguirem critérios próprios para atender as exigências institucionais e da comunidade, sendo os protocolos parcialmente determinantes dos seus processos decisórios. A ação direcionada para as PSR envolve atos repressivos, “higienistas” e de controle das pessoas e do espaço urbano. As PSR são caracterizadas como elementos da degradação urbana e obstáculos à circulação de pessoas, sendo as forças de segurança acionadas quando as restrições sociais não conseguem mantê-las controladas. A pandemia foi motivo de apreensão inicial na atuação policial, com posterior relaxamento. O artigo revela a distância entre a norma e a execução do trabalho policial no que se refere a populações vulneráveis