Why do We Need Grundstücke (Land Units), and What are They? On the Difficulties of Divining a European Concept of ‘Thing’ in Property Law

The article analyses one of the most fundamental but surprisingly difficult and contested concepts of European property law: the notion(s) of land, immeuble, immovable, and Grundstück. Grundstück and ownership in ‘land’ are reciprocal ideas, with each depending on the other. Grundstücke are constructs of the law and products of legal fantasy; they are not natural entities. To describe them as ‘corporeal’ things is as imprecise and incorrect as the notion of ‘immovables’ is. A piece of land (or land unit) is an item of property not because it is ‘corporeal’ but because the law creates its corpus. A Grundstück (equivalent to the Estonian maatükk) is a ‘normative thing’. Therefore, the paper discusses why the law needs Grundstücke (or their linguistic equivalents in other European languages), what is requires for bringing them into existence, and what space they encompass

On the infrared behavior of Landau gauge Yang-Mills theory

We discuss the properties of ghost and gluon propagators in the deep infrared momentum region of Landau gauge Yang-Mills theory. Within the framework of Dyson-Schwinger equations and the functional renormalization group we demonstrate that it is only a matter of infrared boundary conditions whether infrared scaling or decoupling occurs. We argue that the second possibility is at odds with global BRST symmetry in the confining phase. For this purpose we improve upon existing truncation schemes in particular with respect to transversality and renormalization.Comment: 23 pages, 11 figures, v2:clarifications added and typos corrected; version accepted by Annals of Physic

Reproducibility of different screening classifications in ultrasonography of the newborn hip

<p>Abstract</p> <p>Background</p> <p>Ultrasonography of the hip has gained wide acceptance as a primary method for diagnosis, screening and treatment monitoring of developmental hip dysplasia in infants. The aim of the study was to examine the degree of concordance of two objective classifications of hip morphology and subjective parameters by three investigators with different levels of experience.</p> <p>Methods</p> <p>In 207 consecutive newborns (101 boys; 106 girls) the following parameters were assessed: bony roof angle (α-angle) and cartilage roof angle (β-angle) according to Graf's basic standard method, "femoral head coverage" (FHC) as described by Terjesen, shape of the bony roof and position of the cartilaginous roof. Both hips were measured twice by each investigator with a 7.5 MHz linear transducer (SONOLINE G60S^®ultrasound system, SIEMENS, Erlangen, Germany).</p> <p>Results</p> <p>Mean kappa-coefficients for the subjective parameters shape of the bony roof (0.97) and position of the cartilaginous roof (1.0) demonstrated high intra-observer reproducibility. Best results were achieved for α-angle, followed by β-angle and finally FHC. With respect to limits of agreement, inter-observer reproducibility was calculated less precisely.</p> <p>Conclusions</p> <p>Higher measurement differences were evaluated more in objective scorings. Those variations were observed by every investigator irrespective of level of experience.</p

The Changing Landscape for Stroke\ua0Prevention in AF: Findings From the GLORIA-AF Registry Phase 2

Background GLORIA-AF (Global Registry on Long-Term Oral Antithrombotic Treatment in Patients with Atrial Fibrillation) is a prospective, global registry program describing antithrombotic treatment patterns in patients with newly diagnosed nonvalvular atrial fibrillation at risk of stroke. Phase 2 began when dabigatran, the first non\u2013vitamin K antagonist oral anticoagulant (NOAC), became available. Objectives This study sought to describe phase 2 baseline data and compare these with the pre-NOAC era collected during phase&nbsp;1. Methods During phase 2, 15,641 consenting patients were enrolled (November 2011 to December 2014); 15,092 were eligible. This pre-specified cross-sectional analysis describes eligible patients\u2019 baseline characteristics. Atrial fibrillation&nbsp;disease characteristics, medical outcomes, and concomitant diseases and medications were collected. Data were analyzed using descriptive statistics. Results Of the total patients, 45.5% were female; median age was 71 (interquartile range: 64, 78) years. Patients were from Europe (47.1%), North America (22.5%), Asia (20.3%), Latin America (6.0%), and the Middle East/Africa (4.0%). Most had high stroke risk (CHA2DS2-VASc [Congestive heart failure, Hypertension, Age&nbsp; 6575 years, Diabetes mellitus, previous Stroke, Vascular disease, Age 65 to 74 years, Sex category] score&nbsp; 652; 86.1%); 13.9% had moderate risk (CHA2DS2-VASc&nbsp;= 1). Overall, 79.9% received oral anticoagulants, of whom 47.6% received NOAC and 32.3% vitamin K antagonists (VKA); 12.1% received antiplatelet agents; 7.8% received no antithrombotic treatment. For comparison, the proportion of phase 1 patients (of N&nbsp;= 1,063 all eligible) prescribed VKA was 32.8%, acetylsalicylic acid 41.7%, and no therapy 20.2%. In Europe in phase 2, treatment with NOAC was more common than VKA (52.3% and 37.8%, respectively); 6.0% of patients received antiplatelet treatment; and 3.8% received no antithrombotic treatment. In North America, 52.1%, 26.2%, and 14.0% of patients received NOAC, VKA, and antiplatelet drugs, respectively; 7.5% received no antithrombotic treatment. NOAC use was less common in Asia (27.7%), where 27.5% of patients received VKA, 25.0% antiplatelet drugs, and 19.8% no antithrombotic treatment. Conclusions The baseline data from GLORIA-AF phase 2 demonstrate that in newly diagnosed nonvalvular atrial fibrillation patients, NOAC have been highly adopted into practice, becoming more frequently prescribed than VKA in&nbsp;Europe and North America. Worldwide, however, a large proportion of patients remain undertreated, particularly in&nbsp;Asia&nbsp;and North America. (Global Registry on Long-Term Oral Antithrombotic Treatment in Patients With Atrial Fibrillation [GLORIA-AF]; NCT01468701

Le Groupe d'études sur un Code civil européen

Von Bar Christian. Le Groupe d'études sur un Code civil européen. In: Revue internationale de droit comparé. Vol. 53 N°1, Janvier-mars 2001. pp. 127-139

Questions essentielles de droit européen des choses

The following article discusses three fundamental questions concerning European “ Property Law” (or “ law of things”). (1) Is it possible to provide evidence of a sufficiently common understanding of the law on patrimonial rights with effects against third parties in the legal orders of the EU Member States to establish it (under whatever name) as a systematically independent area of European private law ? (2) What are the points of reference of such rights, or to put it in another way : what can a common European jurisprudence say about “ things” ? And (3) according to which criteria can the property rights set up by the Member States’ legal orders be systematized in such a way as to allow a glance at the whole without missing regional specificities ?Le présent article examine trois questions essentielles au «droit européen des choses » . (1) Existe-t-il dans les systèmes juridiques des États membres de l’Union européenne une compréhension suffisamment commune des droits patrimoniaux opposables aux tiers permettant d’établir (quelle que soit son nom) une branche autonome du droit privé européen ? (2) Quels sont les objets de ces droits subjectifs ? Ou, en d’autres termes : que peut nous apprendre une jurisprudence européenne commune à propos des «choses » [ Sachen] ? (3) Enfin, selon quels critères les droits réels subjectifs institués par les systèmes juridiques des États membres peuvent-ils être catégorisés afin de garantir une vision d’ensemble sans passer à côté des spécificités nationales ?Von Bar Christian. Questions essentielles de droit européen des choses. In: Revue internationale de droit comparé. Vol. 69 N°3,2017. pp. 525-565