Europska potvrda o nasljeđivanju. Na prijedlog Komisije od 14. listopada 2009.

Die Kommission der Europäischen Union veröffentlichte am 14. Oktober 2009 den Vorschlag für eine Verordnung, die das internationale Erbrecht und das Verfahren in Erbschaftssachen vereinheitlicht sowie die Einführung eines in allen Mitgliedstaaten verbindlichen Erbscheins vorsieht. In unserem Beitrag wird aufgezeigt, wer ein Europäisches Nachlasszeugnis erhält (II), wie es beschaffen ist (III), wer es ausstellt, berichtigt, aussetzt oder einzieht (IV), was das zuständige Organ zu prüfen hat (V) und welche Rolle es im Rechtsleben spielt (VI). Hingewiesen wird auch auf Lücken und zu behebende Mängel.a) Dana 14. listopada 2009. godine je Komisija Europske unije izradila prijedlog Uredbe koja bi unificirala nasljedno pravo i postupak u stvarima nasljeđivanja te bi predvidjela uvođenje obvezujuće potvrde o nasljeđivanju u sve države članice. b) Zahtjev mogu podnijeti nasljednici, legati, izvršitelji oporuke i strani upravitelji, ne i vjerovnici koji žele ovrhu nad nasljedstvom. c) Sadržaj i oblik potvrde određeni su detaljno u članku 41. st. 2. Prijedloga. Upućivanje bi trebalo prijevod učiniti nepotrebnim. d) Za nadležnost i mjerodavno pravo vrijedi isto. Država članica u kojoj je ostavitelj uobičajeno boravio kada je umro, nadležna je za sva pitanja nasljednog prava, ona izdaje potvrdu o nasljeđivanju te se njeno pravo primjenjuje. Ostavitelj može izabrati i svoje domovinsko pravo. e) Što se smatra uobičajenim boravištem, nije definirano. Sudskom praksom Suda EU ne postiže se pravna sigurnost jer Sud prepušta sudovima država članica određivanje pojma za svaki konkretan slučaj uzimajući u obzir sve okolnosti. f) Ako ostavitelj nije živio u Europskoj uniji, ali ostavina leži u jednoj od država članica, prema nesretnom djelovanju rezidualne nadležnosti bit će ta država članica nadležna. Komplicirana ljestvičasta konstrukcija čl. 6. Prijedloga bi trebala ukinuti izreku tot hereditates quot res te garantirati jedinstvo ostavine. g) Pri razmatranju zahtjeva za izdavanje Europske potvrde o nasljeđivanju može doći do prethodnih pitanja i problema kvalifikacije. Kod prvog će u interesu ubrzanja doći do nezavisnog vezanja, a kod drugog će biti izraženi strani pravni pojmovi koji se pojavljuju u nasljednom statutu te treba izbjegavati harmonizaciju s pravnim pojmovima države članice koja izdaje potvrdu

The relationship of student teachers' work environment preference to verbal classroom behavior

This investigation was designed to determine the relationship of student teachers' commitment to the set of values, attitudes, and behaviors that are characteristically fostered and rewarded by bureaucratic organizations and their verbal classroom behavior under actual teaching conditions, The purpose of the study was expressed by the formulation of an experimental hypothesis and ten specific null hypotheses. The instrument used to measure the degree of bureaucratic orientation of student teachers was Gordon's (1973) Work Environment Preference Schedule (WEPS). The verbal classroom behavior of student teachers under actual teaching conditions was assessed by means of the Flanders' Interaction Analysis System (FIAS, 1960). In addition, a brief demographic data sheet was given to the sample to collect personal data about each subject such as age, sex, undergraduate gradepoint average, size of school, subject taught, and number of professional affiliations. The scores of the WEPS were analyzed and the student teachers were assigned to either the high or low group of bureaucratic orientation. These results were then used in combination with the ten dependent variables of the verbal interaction behavior delineated by the FIAS. The relationships were tested for significance at the .05 level of confidence using Student's t-test. The findings of the study were: Under actual teaching conditions, there is no difference in the verbal classroom behavior of student teachers who profess to be unexposed to Flanders' Interaction Analysis System and who score high and low in bureaucratic orientation; this is also true of the verbal classroom behavior of their students. The verbal classroom behavior of student teachers, as measured by the FIAS, can not be predicted from bureaucratic orientation alone, as measured by the WEPS. It is recommended that supervisors of student teachers in teacher education programs employ the FIAS as a tool to aid the student teacher in the adjustment of his verbal classroom behavior. A follow-up study of the verbal and non-verbal classroom behavior of the subjects involved in this study who have become teachers is recommended. Additional recommendations for further research were offered in Chapter V of the study

Obscuration in extremely luminous quasars

The spectral energy distributions and infrared (IR) spectra of a sample of obscured AGNs selected in the mid-IR are modeled with recent clumpy torus models to investigate the nature of the sources, the properties of the obscuring matter, and dependencies on luminosity. The sample contains 21 obscured AGNs at z=1.3-3 discovered in the largest Spitzer surveys (SWIRE, NDWFS, & FLS) by means of their extremely red IR to optical colors. All sources show the 9.7micron silicate feature in absorption and have extreme mid-IR luminosities (L(6micron)~10^46 erg/s). The IR SEDs and spectra of 12 sources are well reproduced with a simple torus model, while the remaining 9 sources require foreground extinction from a cold dust component to reproduce both the depth of the silicate feature and the near-IR emission from hot dust. The best-fit torus models show a broad range of inclinations, with no preference for the edge-on torus expected in obscured AGNs. Based on the unobscured QSO mid-IR luminosity function, and on a color-selected sample of obscured and unobscured IR sources, we estimate the surface densities of obscured and unobscured QSOs at L(6micron)>10^12 Lsun, and z=1.3-3.0 to be about 17-22 deg^-2, and 11.7 deg^-2, respectively. Overall we find that ~35-41% of luminous QSOs are unobscured, 37-40% are obscured by the torus, and 23-25% are obscured by a cold absorber detached from the torus. These fractions constrain the torus half opening angle to be ~67 deg. This value is significantly larger than found for FIR selected samples of AGN at lower luminosity (~46 deg), supporting the receding torus scenario. A far-IR component is observed in 8 objects. The estimated far-IR luminosities associated with this component all exceed 3.3x10^12 Lsun, implying SFRs of 600-3000 Msun/yr. (Abridged)Comment: ApJ accepte

Dust covering factor, silicate emission and star formation in luminous QSOs

We present Spitzer IRS low resolution, mid-IR spectra of a sample of 25 high luminosity QSOs at 2<z<3.5. When combined with archival IRS observations of local, low luminosity type-I AGNs, the sample spans five orders of magnitude in luminosity. We find that the continuum dust thermal emission at lambda(rest)=6.7um is correlated with the optical luminosity, following the non-linear relation L(6.7um) propto L(5100A)^0.82. We also find an anti correlation between the ratio L(6.7um)/L(5100A) and the [OIII]5007A line luminosity. These effects are interpreted as a decreasing covering factor of the circumnuclear dust as a function of luminosity. Such a result is in agreement with the decreasing fraction of absorbed AGNs as a function of luminosity recently found in various surveys. We clearly detect the silicate emission feature in the average spectrum, but also in four individual objects. These are the Silicate emission in the most luminous objects obtained so far. When combined with the silicate emission observed in local, low luminosity type-I AGNs, we find that the silicate emission strength is correlated with luminosity. The silicate strength of all type-I AGNs also follows a positive correlation with the black hole mass and with the accretion rate. The Polycyclic Aromatic Hydrocarbon (PAH) emission features, expected from starburst activity, are not detected in the average spectrum of luminous, high-z QSOs. The upper limit inferred from the average spectrum points to a ratio between PAH luminosity and QSO optical luminosity significantly lower than observed in lower luminosity AGNs, implying that the correlation between star formation rate and AGN power saturates at high luminosities.Comment: accepted for publication in A&A, 17 pages, 9 figure

Smooth and Clumpy Dust Distribution in AGN: a Direct Comparison of two Commonly Explored Infrared Emission Models

The geometry of the dust distribution within the inner regions of Active Galactic Nuclei (AGN) is still a debated issue and relates directly with the AGN unified scheme. Traditionally, models discussed in the literature assume one of two distinct dust distributions in what is believed to be a toroidal region around the Supermassive Black Holes: a continuous distribution, customarily referred to as smooth, and a concentration of dust in clumps or clouds, referred to as clumpy. In this paper we perform a thorough comparison between two of the most popular models in the literature, namely the smooth models by Fritz. et al. 2006 and the clumpy models by Nenkova et al. 2008a, in their common parameters space. Particular attention is paid to the silicate features at ~9.7 and ~18 micron, the width of the infrared bump, the near-infrared index and the luminosity at 12.3 micron, all previously reported as possible diagnostic tools to distinguish between the two dust distributions. We find that, due to the different dust chemical compositions used in the two models, the behaviour of the silicate features at 9.7 and 18 micron is quite distinct between the two models. The width of the infrared bump and the peak of the infrared emission can take comparable values, their distributions do, however, vary. The near-infrared index is also quite different, due partly to the primary sources adopted by the two models. Models with matched parameters do not produce similar SEDs and virtually no random parameter combinations can result in seemingly identical SEDs.Comment: 9 Pages, 6 Figures, 1 Table. Accepted for publication in MNRA

High resolution mid-infrared spectroscopy of ultraluminous infrared galaxies

(Abridged) We present R~600, 10-37um spectra of 53 ULIRGs at z<0.32, taken using the IRS on board Spitzer. All of the spectra show fine structure emission lines of Ne, O, S, Si and Ar, as well as molecular Hydrogen lines. Some ULIRGs also show emission lines of Cl, Fe, P, and atomic Hydrogen, and/or absorption features from C_2H_2, HCN, and OH. We employ diagnostics based on the fine-structure lines, as well as the EWs and luminosities of PAH features and the strength of the 9.7um silicate absorption feature (S_sil), to explore the power source behind the infrared emission in ULIRGs. We show that the IR emission from the majority of ULIRGs is powered mostly by star formation, with only ~20% of ULIRGs hosting an AGN with a comparable or greater IR luminosity than the starburst. The detection of the 14.32um [NeV] line in just under half the sample however implies that an AGN contributes significantly to the mid-IR flux in ~42% of ULIRGs. The emission line ratios, luminosities and PAH EWs are consistent with the starbursts and AGN in ULIRGs being more extincted, and for the starbursts more compact, versions of those in lower luminosity systems. The excitations and electron densities in the NLRs of ULIRGs appear comparable to those of lower luminosity starbursts, though there is evidence that the NLR gas in ULIRGs is more dense. We show that the combined luminosity of the 12.81um [NeII] and 15.56um [NeIII] lines correlates with both IR luminosity and the luminosity of the 6.2 micron and 11.2 micron PAH features in ULIRGs, and use this to derive a calibration between PAH luminosity and star formation rate. Finally, we show that ULIRGs with 0.8 < S_sil < 2.4 are likely to be powered mainly by star formation, but that ULIRGs with S_sil < 0.8, and possibly those with S_sil > 2.4, contain an IR-luminous AGN.Comment: 62 pages in preprint format, 4 tables, 23 figures. ApJ accepte

The Toroidal Obscuration of Active Galactic Nuclei

Observations give strong support for the unification scheme of active galactic nuclei. The scheme is premised on toroidal obscuration of the central engine by dusty clouds that are individually very optically thick. These lectures summarize the torus properties, describe the handling and implications of its clumpy nature and present speculations about its dynamic origin.Comment: To appear in proceedings of "Active Galactic Nuclei at the highest angular resolution: theory and observations", 2007 summer school, Torun, Polan

An atlas of mid-infrared spectra of star-forming and active galaxies

We present a panoramic atlas of Spitzer/IRS spectra of extragalactic sources collected from the recent literature, with value added measurements of their spectral features obtained in a homogeneous and concise manner. The atlas covers the full spectrum of the extragalactic universe and includes star forming galaxies, obscured and unobscured active galaxies, luminous and ultra-luminous infrared galaxies, and hybrid objects. Measured features such as the polycyclic aromatic hydrocarbons, the strength of the silicates in emission or absorption around 9.7 micron, rest-frame monochromatic luminosities or colours, combined with measurements derived from spectral decomposition, are used to establish diagnostics that allow for classification of sources, based on their infrared properties alone. Average templates of the various classes are also derived. The full atlas with the value added measurements and ancillary archival data are publicly available at http://www.denebola.org/atlas, with full references to the original data.Comment: 14 pages, 12 figures, 6 tables. Accepted for publication in MNRAS. For associated source catalogs and spectra, see http://www.denebola.org/atla

Mid-infrared spectroscopy of infrared-luminous galaxies at z~0.5-3

We present results on low-resolution mid-infrared (MIR) spectra of 70 infrared-luminous galaxies obtained with the Infrared Spectrograph (IRS) onboard Spitzer. We selected sources from the European Large Area Infrared Survey (ELAIS) with S15 > 0.8 mJy and photometric or spectroscopic z > 1. About half of the sample are QSOs in the optical, while the remaining sources are galaxies, comprising both obscured AGN and starbursts. We classify the spectra using well-known infrared diagnostics, as well as a new one that we propose, into three types of source: those dominated by an unobscured AGN (QSOs), obscured AGN, and starburst-dominated sources. Starbursts concentrate at z ~ 0.6-1.0 favored by the shift of the 7.7-micron PAH band into the selection 15 micron band, while AGN spread over the 0.5 < z < 3.1 range. Star formation rates (SFR) are estimated for individual sources from the luminosity of the PAH features. An estimate of the average PAH luminosity in QSOs and obscured AGN is obtained from the composite spectrum of all sources with reliable redshifts. The estimated mean SFR in the QSOs is 50-100 Mo yr^-1, but the implied FIR luminosity is 3-10 times lower than that obtained from stacking analysis of the FIR photometry, suggesting destruction of the PAH carriers by energetic photons from the AGN. The SFR estimated in obscured AGN is 2-3 times higher than in QSOs of similar MIR luminosity. This discrepancy might not be due to luminosity effects or selection bias alone, but could instead indicate a connection between obscuration and star formation. However, the observed correlation between silicate absorption and the slope of the near- to mid-infrared spectrum is compatible with the obscuration of the AGN emission in these sources being produced in a dust torus.Comment: 32 pages, 24 figures, 15 tables, accepted for publication in MNRA