292 research outputs found

    Il rischio penale nella gestione della crisi d'impresa

    Get PDF
    The thesis covers the topic of criminal implications managing a company crisis and is focused on inspecting connections between traditional criminal offences expected by Regio Decreto n. 267/1942 and the new alternative solutions to bankruptcy generated by civil section of bankruptcy law’s last reforms, i.e. new “concordato preventivo” (art. 160 l.f.), “accordo di ristrutturazione dei debiti” (art. 182-bis l.f.) and “piano attestato di risanamento” (art. 67, comma 3, lett. d) l.f.). In recent years, to increase indeed the intended-to-overcome-bankruptcy-crisis agreement instruments’ appeal, the Legislator worked for a substantial modification of original bankruptcy law fundamentals. From this didn’t ensue however a corresponding coordinating process between renewed institutes and traditional criminal disposals. As a result of this an obvious imbalance between aforementioned institutes arose, thus lacking the parallelism that conveniently marked the birth of 1942 bankruptcy law, which – as stated by best legisltory politic’s practice - punished criminal behavior enacted within the range of liquidatory or based-on-agreements instruments of before-mentioned civil section. After an analysis on bankruptcy law’s evolutionary path from 1942 to this day - in a way that outlines the current shape of institutes whose purpose lies in regulating the timing of company crisis and seizing the evolution of legal protection guidelines emerged around recent reforms - the research mostly expands along two paths. The first considers the issues about the chance that behaviors performed in accordance with new civil instruments available to the entrepreneur in trouble could be punished by usual criminal offence - i.e. different kinds of bankruptcy, kept unaltered - in the unfortunate chance that the company’s rescue plan wouldn’t succeed. For this eventuality to be avoided , along with law n. 122/2010 converting d.l. n. 8/2010, art. 217 bis regarding bankruptcy frauds, indexed “Esenzione dai reati di Bancarotta”, was introduced. Such norm, clearly born with the purpose of assuring protection, even from a criminal point of view, to the entrepreneur making preferential payments only to a subset of his debtors in accordance with an agreed plan, carries a set of issues, first and foremost its dogmatic characterization and actual range of implementation, that casts doubt on the norm’s adequacy to settle all existing critical matters. On the other hand, the second research path inspects the Professional Attestator’s criminal responsibility. This figure - present with different characterizations in all three institutes of agreement introduced - constitutes a significant novelty, given the characteristic role it conducts during the delicate phase of company crisis resolution. In short summary the Legislator assigned to the aforementioned Professional the power to judge rightness and feasibility of the plan arranged unilaterally by the entrepreneur or agreed upon by his debtors. Such crucial topic, traditionally belonging to bankruptcy court’s competence - due to obvious interest implied in such inspection - is assigned now to a private individual of entrepreneur’s choice, in order to speed up the process of moving forward to a fruitful crisis’s resolution. About this issue the introduction by d.l. n. 83/2012 of a new norm, art. 236 bis l. fall. (“Falso in attestazioni e relazioni”), punishing exposition of false information or omission of relevant information by Professional Attestators in charge of redacting programs and guaranteeing economic and patrimonial firmness of plans. This work moreover takes account of consequences derived by the new concordato preventivo structure as opposed to the unaltered criminal offence of art. 236 l. fall., the only one directly focused on safeguard of instruments alternative to bankruptcy. On a broader level, with regard to the results of these and other hermeneutic topics, the research exposes a general view on the new balance between the two sections of bankruptcy law, especially with reference to the new legal goods upheld by Bankruptcy law, where a substantial constriction of the traditional principle of par condicio creditorum can be perceived, on behalf of the need of protecting “company value”

    2 Pathophysiology of Reflux

    Get PDF
    Abstract Physiological Venous Hemodynamics Physics Laws Governing Flow A review of the physical laws governing fluid motion is required to understand reflux pathophysiology. Venous blood flows not just because of a pressure gradient, as is commonly believed, but because of an energy gradient, in which pressure is only a single determinant. In accordance with the thermodynamics zero principle, there will be no energy exchange between systems presenting with the same energy values: no venous flow will occur. In accordance with the thermodynamics second principle, energy exchange will occur from a system presenting higher energy values to one at a lower energy state: venous flow will occur. Considering that reflux, like every physiological flow, needs an energy gradient to be generated, a simple but highly selective and reasoned therapeutic action against the escape, and in favor of the reentry, points will lead to a conservative but effective venous drainage restoration

    Spontaneous thrombosis of primary external jugular veins aneurysms

    Get PDF
    External jugular vein (EJV) aneurysms represent a rare condition whose origin, evolution and consequent best therapeutic options still need further investigations. We present herein two peculiar clinical cases. In the first one, an EJV aneurysm developed around a malformed valve which embedded a spontaneous thrombosis. Transverse cutaneous nerve compression by the aneurysmatic mass was identified. In the second case, a recurring thrombosed EJV aneu - rysm was found pinched among the platysma muscle and the superficial layer of the cervical fascia. A pertinent literature review is also presented in order to interpret the findings herein never previously described

    Plantas de cobertura para sustentabilidade em sistemas de produção de milho (Zea mays L.)

    Get PDF
    Monografia (graduação)—Universidade de Brasília, Faculdade UnB Planaltina, 2013.O dinamismo da agricultura e a necessidade de se obter maiores produtividades têm incentivado diversos produtores rurais a fazerem uso de técnicas que proporcionam a manutenção ou a melhoria do potencial produtivo dos sistemas agrícolas. O plantio direto acompanhado de uma cobertura eficiente resultará em maiores estoques de carbono e nitrogênio do solo, em relação ao preparo convencional. O uso de plantas de cobertura é uma prática milenar já utilizada pelos gregos antes a era cristã pela qual, certas espécies de plantas são cultivadas e, a seguir, incorporadas ou mantidas na superfície do solo com a finalidade de assegurar ou aumentar sua capacidade produtiva. O milho (Zea mays L.) é o cereal mais produzido no mundo e sua produtividade está relacionada à quantidade de nitrogênio disponível no solo durante seu cultivo, por isso o uso de plantas de cobertura com capacidade de fixar biologicamente o N do ar atmosférico e que possuam relação C/N favorável ao milho é fundamental. O conhecimento e a aplicação dessa técnica além de melhorar as condições do solo contribuem na redução dos custos com fertilizantes, sendo uma excelente opção para os pequenos e médios agricultores

    Short endovenous laser ablation of the great saphenous vein in a modified CHIVA strategy

    Get PDF
    Mini-invasiveness, ease of use and execution speed represent the reasons for endovenous laser ablation success. Nevertheless, the strategic choice remains the ablation of the saphenous trunk. Hemodynamic correction (CHIVA) represents an option, based on a saphenous-sparing therapeutic strategy. We tested the feasibility of a modified CHIVA strategy by means of endovenous lasers (EL) shrinkage of segmental great saphenous vein (GSV) tracts, in networks characterized by sapheno-femoral incompetence and re-entry perforators focused on the GSV. We report the follow up of the first 2 chronic venous disease [C1,2,3sEpAsPr1,2,3, venous clinical severity score (VCSS) 8 and 9 respectively] treated cases. At 1-year follow up both patients were C1,2,3sEpAsPr1,2,3 and the VCSS were 1 and 2 respectively. The non-treated GSV tracts maintained their patency. ELs were herein used within a saphenous-sparing therapeutic plan, thanks to an accurate pre-operative hemodynamic assessment, which allowed the shrinkage of only the first saphenous trunk tract only. Proper technical and hemodynamic considerations are discussed
    • …
    corecore