Continuity of Trial and its Legal Effects in Iranian and French Law

By holding a definitive judgment, normally the trial transfers from one phase of proceedings to the next one. For example, in the case of holding the judgment of non-acceptance of action or the judgment in the merit of the case by the court of first instance, the case enters in new phase by appeal of condemned party. In these cases, the trial transfers from one phase into another one according to evaluative effect of appeal. But holding the definitive judgment does not necessarily result in transferring the trial from one phase to another one. For example, in cases where the court of first instance’s injunction, would be invalidated by the court of appeal and consequently the case return to court of first instance, it could be recognized that the holding of the definitive judgment, by the court of first instance could not result in termination of one phase of trial and opening of a new one. Consequently, the trial which is pursued after reversal of any form of injunctions is regarded as continuation of former trial. It is noteworthy that pronouncing a judgment in merit of a case doesn't necessarily results in transfer of trial from one phase to another one. In fact, by reversal of a judgment by higher courts, it reveals that trial of inferior court had not been finished and it must be continued. Controversies arise between Iranian lawyers in respect of regarding rehearing as a new phase of trial or continuity of former trial. There are many evidences that confirm latter theory, including automatic reversal of contested award after rehearing of absent party or necessity of protection of procedural rights of parties in the first session of trial. For practical reasons, the second section of this article is dedicated to effects of continuity of trial on responsibilities of courts and rights and obligations of parties. In respect of first title, one of the responsibilities of courts is observation of reasonable deadline of trial. In this regard, if trial of first instance and rehearing proceedings is considered as a unique trial, the whole time of trial would be considered as criterion of recognition of reasonable deadline by the court. Accordingly, competence of court is affected by continuity of trial. In accordance with Art. 26 of Iranian Civil Procedure Code, the competence of court is evaluated in time of statement of petition. Consequently, in case of reversal of injunction of court of first instance by the appeal court, the competence of former court is measured by time of petition, not reversal of judgment or return of petition. Similarly, the impeachment of the judge may be affected by the continuity of trial. One of the main reasons of impeachment of judge in Iranian Law is former pronouncing on the merit of the case by the judge (Art. 91 Iranian Civil Procedure Code). Consequently, if we consider the retrial of the inferior court, after the reversal of the injunction by the higher jurisdictions, a new trial, the former proceeding may impede the judge from later hearing of the case. The continuity of proceeding affects the responsibility of court to form new session and to pronounce new judgment on the matter. If we consider rehearing as a new phase of trial, the judge must pronounce a new judgment and could not only uphold the former judgment. Additionally, the rights and responsibilities of parties may be affected by continuity of proceedings. In cases where the statement of petition is limited to a deadline, the continuity of proceeding affects the validity of petition. If we consider the trial of inferior court, after reversal of its judgment by higher court, as a new trial, the time of statement of new petition may consider as the criterion of acceptance of petition. The continuity of proceedings affects mainly the rights and obligations of parties in the first session of proceedings. In the case of continuity of an unique trial, reopening of a case in the same court, don't result in revitalizing the rights and obligations of the parties in the first session of the trial, because of fact that first session had been formed before the reversal of judgment. In contrary, reopening of a case in same court, in different phases does cause the revitalizing the rights and obligations of the parties in the first session of this trial

Simultaneous determination of captopril and thioguanine in pharmaceutical compounds and blood using cathodic adsorptive stripping voltammetry

A reliable, highly selective and sensitive procedure is presented for simultaneous determination of captopril and thioguanine based on cathodic adsorptive stripping of Cu(I)-captopril and Cu(I)-thioguanine complexes on a hanging mercury drop electrode. Captopril and thioguanine were preconcentrated onto the surface of hanging mercury drop electrode using Cu(II) as a suitable probe, with accumulation time of 90 s. Then the preconcentrated complexes were analyzed by cathodic stripping differential pulse voltammetry. The effect of various parameters such as pH, concentration of copper, accumulation potential, accumulation time and scan rate on the sensitivity were studied. The optimum conditions for simultaneous determination of captopril and thioguanine include pH=3.5, 45.0 ng mL-1 copper(II) concentration, accumulation potential of -0.10 V and scan rate of 60 mV s-1. Under the optimum conditions and for an accumulation time of 90 s, the measured peak currents at about -0.15 V and -0.40 V (vs. Ag/AgCl) are proportional to the concentrations of thioguanine and captopril over the ranges of 0.15-180 and 0.5-100 nmol L-1, respectively. The limits of detection are 0.08 and 0.3 nmol L-1 for thioguanine and captopril, respectively. The relative standard deviations for five replicate analyses of 20.0 nmol L-1 captopril and thioguanine are 2.5% and 2.1%, respectively. The method was applied to the determination of captopril and thioguanine in synthetic mixed samples, pharmaceutical samples and human serum with satisfactory results

Comparison of pathologic characteristics of breast cancer in younger and older women

Background: Breast cancer is the most common invasive cancer with high mortality in women all around the world. The present evidence shows that younger patients have poor survival. Thus, the aim of this study was to compare the pathologic characteristics of breast cancer in women younger than 40 years compared with older. Methods: This is a cross-sectional study which contains 681 patients with a confirmed diagnosis of breast cancer, who referred to Babolsar Shahid Rajaei Hospital as a referral cancer therapeutic center in the North of Iran. The data included age, residence area, occupation, location, histopathologic characteristics of the tumor, TNM classification and staging. Results: The mean age (SD) of patients was 49.7 (11.9) years, of which 19.5 were under 40. Ductal carcinoma was the most common histopathologic type (90.0) but patients at a younger age had a higher incidence of lobular and other rare carcinoma compared to the older ones (P=0.04). The younger had a greater tumor size (P=0.01), lymphatic node involvement (P=0.04) and higher staging (P=0.004). The younger age was not associated with positive estrogen/progesterone receptors. Conclusion: These findings indicated more aggressive tumor characteristics and serious breast cancer in women less than 40 years compared with older ones

A novel disposable biosensor based on SiNWs/AuNPs modified-screen printed electrode for dengue virus DNA oligomer detection

In this study, a disposable screen-printed gold electrode (SPGE) utilized of silicon nanowires (SiNWs) and gold nanoparticles as sensing material was fabricated for detection of DNA oligomers related to dengue virus. Firstly, SiNWs/AuNPs-SPGE was developed by the dispersion of SiNWs in 3-Aminopropyltriethoxysilane (APTES, 0.5 %) onto bare SPGE. Secondly, the AuNPs decoration on SiNWs-SPGE surface was functionalized using dithiopropionic acid (DTPA) through a self-assembly monolayer (SAM) technique. The electrochemical response of methylene blue (MB) as a redox indicator towards synthetic DNA oligomer after hybridization on SiNWs/AuNPs-SPGE was recorded by cyclic voltammetry (CV) and differential pulse voltammetry (DPV) techniques. The results demonstrated that the reduction peak current of MB was significantly decreased after DNA hybridization process. In addition, the developed biosensor showed a good storage stability and could achieve a linear range of 1.0 × 10-11-1.0 × 10-7 M (R= 0.98) with the detection limit of 1.63× 10-12 M

Study on the interaction between morin-bi(III) complex and DNA with the use of methylene blue dye as a fluorophor probe

Based on our investigation, although both morin-Bi(III) complex and morin can bind to DNA, the nature of the binding was found to be different for each of them. In the presence and absence of the DNA, the morin-Bi(III) complex shows different spectral characteristics which agree with those observed for other intercalators. In this work, the interaction of morin-Bi(III) complex with calf thymus DNA was investigated with the use of methylene blue (MB) dye as a spectral probe and application of UV-Vis spectrophotometry, fluorescence spectroscopy and cyclic voltammetry. The 2:1 morin-Bi(III) complex ratio was calculated by UV-Vis spectroscopy (mole ratio method). The fluorescence signal of Bi(III)-morin complex is increased with DNA addition whereas the fluorescence signal of Morin is decreased with DNA addition. The fluorescence signal of the DNA-complex is quenched by addition of MB which confirms the displacement of the complex with MB. Cyclic voltammetry studies confirm the intercalation reaction. The results showed that only morin-Bi(III) complex can intercalate into the double helix of the DNA. The apparent binding constant of morin-Bi(III) complex with DNA is found to be 2.8 × 10(4) L mol-1, while morin binds in a non-intercalation mode

Effectiveness of Value Engineering in Reducing Delay in Urban Projects

Because of misappropriate design, technology complications, excessive number of organizations and involving people in the project, variation of needed qualifications and extensive number of activities, development projects don’t execute within primary determined cost and time constraint. Therefore presence of a regular system for optimizing investment in development and urban plans is needed. Optimization methods causing project implementation within primary cost and time constraint work are effective to eliminate negative effects of mentioned factors. The objective of this research is to investigate the effect of using value engineering in order to eliminate causes of delays in the urban projects of country. Regarding the results of this research, the most and least effect of value engineering are in order to eliminate delay causes arising from integration and human resource mismanagement. Moreover, value engineering must be employed for refinement and optimization of processes before and during project execution in order to decline time delay and costs and to increase value of projects. Value engineering studies, specifically whenever strategic decisions should be taken, could affect positively on the project execution. Finally, employing value engineering technique and compounding these methods to project management science can increase the value index of urban projects

Modification strategy of screen-printed carbon electrode with functionalized multi-walled carbon nanotube and chitosan matrix for biosensor development

Biosensor is a rapid technique to determine the analyte based on the incorporation of bioactive materials with physio-chemical transducing element. In this work, multi-walled carbon nanotube (MWCNT) was functionalized with carboxylic groups and mixed with chitosan (CS) prior to drop casting on screen-printed carbon electrode (SPCE). The acid treatment of multi-walled carbon nanotube by using mixture of H2SO4 and HNO3 in 3:2 ratio was better compared to treatment by piranha solution, in terms of carboxylic group attachment and capacitance effect on the current response. The functionalized carbon nanotubes were characterized by using fourier transform infrared spectroscopy, field emission scanning electron microscopy and cyclic voltammetry analysis. Few modification parameters have been optimized to maximize the performance of working electrode including ratio of MWCNT:CS, coating volume and drying method. The addition of MWCNT/CS matrix on the screen-printed carbon electrode greatly enhanced the electron transfer rate and increased the electrode active surface area for further immobilization of bioactive components

Machine Learning Approaches to predict Intra-Uterine Insemination Success Rate- Application of Artificial Intelligence in Infertility

Introduction: Assisted Reproductive Technology (ART) has been widely utilized for infertility management. Despite its low success rate, Intra-Uterine Insemination (IUI) is one of the first alternatives and most important approaches regarding many cases of infertility treatment. Given the numerous influencing factors and limitations associated with time and resources, the development of a reliable model to predict the success rate of ART methods can significantly contribute to decision-making processes. Materials and methods: We reviewed the demographic, clinical, and laboratory data regarding 157 IUI treatment cycles among 124 women using their partner’s sperm from May2017 to June2019. Primary outcome measures were clinical pregnancy and live birth. Some prediction models were constructed and compared to the logistic regression analysis. Results: Woman’s mean age was 30.1 ± 5.2 years and the infertility had a female cause in 24.3% of the cases, male cause in 32.6% of cases, and combined causes in 32.6% of the cases. Concerning the first IUI cycle, the clinical pregnancy rate per cycle was 16.9% (N= 21). Data were prepared according to cross-industry standard process for data mining (CRISP-DM) methodology, and the following models were fitted to the data: J48 Decision Tree, Perceptron Multilayer (MLP) Neural Network, Support Vector Machine (SVM) with radial basis function (RBF) kernel, K-Nearest Neighbors (KNN) with one neighborhood, and Bayesian Network. J48 Decision Tree, with a sensitivity of 95% and specificity of 98%, had the most optimal performance, and the KNN model was the weakest one. Conclusion: To predict the results of IUI as a simple and less invasive therapy for infertile couples, some models were applied based on artificial intelligence and J48 Decision Tree was recommended

Target trial emulation using hospital-based observational data: demonstration and application in COVID-19

Methodological biases are common in observational studies evaluating treatment effectiveness. The objective of this study is to emulate a target trial in a competing risks setting using hospital-based observational data. We extend established methodology accounting for immortal time bias and time-fixed confounding biases to a setting where no survival information beyond hospital discharge is available: a condition common to coronavirus disease 2019 (COVID-19) research data. This exemplary study includes a cohort of 618 hospitalized patients with COVID-19. We describe methodological opportunities and challenges that cannot be overcome applying traditional statistical methods. We demonstrate the practical implementation of this trial emulation approach via clone–censor–weight techniques. We undertake a competing risk analysis, reporting the cause-specific cumulative hazards and cumulative incidence probabilities. Our analysis demonstrates that a target trial emulation framework can be extended to account for competing risks in COVID-19 hospital studies. In our analysis, we avoid immortal time bias, time-fixed confounding bias, and competing risks bias simultaneously. Choosing the length of the grace period is justified from a clinical perspective and has an important advantage in ensuring reliable results. This extended trial emulation with the competing risk analysis enables an unbiased estimation of treatment effects, along with the ability to interpret the effectiveness of treatment on all clinically important outcomes.This research was funded by the German Research Foundation (original: Deutsche Forschungsgemeinschaft), grant number WO 1746/5-1.Peer ReviewedPostprint (published version

Decoration of carbon nanotubes with gold nanopeprintss by electroless deposition process using ethylenediamine as a cross linker

Herein, we present a method for decorating multi-walled carbon nanotubes (MWCNTs) with gold nanoparticles (AuNPs) using ethylenediamine (en) as a linker between MWCNTs and AuNPs. The amine group in en is as growth points for synthesis of AuNPs through electrostatic attraction between the amine groups and anion while sodium citrate act as reducing agent. The influence of HAuCl4 concentration on the size and distribution of AuNPs in the structure of the Au-decorated nanotubes were investigated. Morphology of the decorated nanotubes was characterized by field emission scanning electron microscopy and transmission electron microscopy while the elemental composition of the decorated tubes and crystallography were investigated by energy dispersive x-ray, x-ray diffraction, Raman spectroscopy, and Fourier transform infrared techniques. Cyclic voltammetric and electrochemical impedance spectroscopic analysis revealed that the Au-decorated nanotubes have increased the electro-active surface area and conductivity of electrochemical substrate