We use cookies to distinguish you from other users and to provide you with a better experience on our websites. Close this message to accept cookies or find out how to manage your cookie settings.
To save content items to your account,
please confirm that you agree to abide by our usage policies.
If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account.
Find out more about saving content to .
To save content items to your Kindle, first ensure no-reply@cambridge.org
is added to your Approved Personal Document E-mail List under your Personal Document Settings
on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part
of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations.
‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi.
‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
This article explores the complex dynamics of financial innovation in early modern times, challenging linear models of temporal and spatial divisions that tend to shape our understanding of the evolution of financial systems. It supports the idea that innovation should be viewed as a non-linear and contextual process, involving diverse stakeholders and characterised by interactions and unexpected occurrences. The study focuses on the dissemination and trajectories of financial innovations, specifically the bill of exchange and its variation, the ricorsa, as well as the transferability and negotiability of commercial paper. It does so by investigating the interactions and exchanges between merchants and bankers from diverse backgrounds during the sixteenth-century Lyon fairs, using the archival records of one of the first Italian banks in Lyon (Salviati). The study reveals the mutual influence and acculturation among these agents and challenges the compartmentalisation of financial expertise. Through an analysis of transactions recorded in the Salviati bank's ledgers, the article highlights previously unknown uses of commercial paper by Southern merchant communities and discusses the factors that may have hindered the full-scale development of endorsement and discount in the Lyon trading networks, despite their potential benefits. The results provide insights into the intricate nature of financial innovation and the influence of structural and cultural factors on its development.
This chapter will examine three distinct issues. The first concerns agreements whereby the creditor or debtor to an existing contract is substituted by a new (third) party. Two types of substitution are envisaged, namely: assignment of rights (assignment) and assignment of debt (novation). The second focus of the chapter is on the effects of contracts on bona fide third parties and how the law mitigates any adverse impact. The third is an innovation of the Qatari CC, examining agreements the sole object of which is to attract third parties. This chapter will not deal with the rights of successors (heirs) to a contract following the death of the contracting party
This chapter deals with a single, yet complex and over-arching topic, namely termination of the life of a contract. When a contract is terminated it no longer demands obligations from the parties, although the parties may be liable for damages or restitution. As will be shown, the CC distinguishes between two types of termination: termination proper and rescission. Given that termination produces significant consequences for the parties, the CC sets out general and subject-specific rules. General rules include those on forcemajeure, impossibility of fulfilment, discharge, set-off, novation and the effects of the death of one of the parties to a contract (among others). Subject-specific rules concern the likelihood of termination in respect of particular contracts, such as leases, deposits, employment and others. The chapter goes on to show that, exceptionally, termination or rescission is automatic, while in the majority of cases one of the parties, typically the debtor, must apply to the courts for termination or rescission.
This chapter addresses the parties to international arbitration agreements. It follows the standard distinction between signatories (those persons whose names appear on the arbitration agreement – or the contract that includes an arbitration clause) and nonsignatories (those persons whose names do not appear on the arbitration agreement but are nonetheless bound by or entitled to invoke it). Part I addresses the treatment of ‘parties’ in the New York Convention and national arbitration laws governing international commercial arbitration, and the ICSID Convention governing (many) investor-State arbitrations. Part II examines the theories under which affected others – that is, nonsignatories to an international arbitration agreement – might nonetheless be bound, likewise first in international commercial arbitration and then in investor-State arbitration. Finally, Part III discusses the available empirical evidence on the parties to international commercial arbitration and investor-State arbitration proceedings.
We discuss a bi-objective two-stage assignment problem (BiTSAP) that aims at minimizing two objective functions: one comprising a nonlinear cost function defined explicitly in terms of assignment variables and the other a total completion time. A two-stage assignment problem deals with the optimal allocation of n jobs to n agents in two stages, where
$n_1$
out of n jobs are primary jobs which constitute Stage-1 and the rest of the jobs are secondary jobs constituting Stage-2. The paper proposes an algorithm that seeks an optimal solution for a BiTSAP in terms of various efficient time-cost pairs. An algorithm for ranking all feasible assignments of a two-stage assignment problem in order of increasing total completion time is also presented. Theoretical justification and numerical illustrations are included to support the proposed algorithms.
Chapter 2 covers issues surrounding the assignment of IP (i.e., fixing its ownership as a prerequisite to transacting in it), and contrasts ownership with licensing of IP. It specifically covers the assignment of rights in patents, copyrights, trademarks and trade secrets, including within the employment context (i.e., shop rights , individuals hired to invent and works made for hire). The Supreme Court decision in Stanford v. Roche is considered at length. The chapter concludes with a thorough discussion of the issues presented by joint ownership of IP.
Chapter 13 discusses numerous contractual clauses that are often relegated to the “back” of an agreement, but which can have important effects on the parties. These include the front matter of the agreement, definitions, assignment (PPG v. Guardian), marking, compliance with law, force majeure, merger and entire agreement, no waiver, severability, precedence, amendment, mutual negotiation, notices and interpretation.
In this chapter, we discuss problems in the single-stage or parallel-units environment. The problem statement is presented in Section 4.1. Three types of models are presented in Section 4.2 (sequence-based), Section 4.3 (continuous time grid-based), and Section 4.4 (discrete time grid-based). In Section 4.5, we present how batching decisions can be handled, and in Section 4.6 we discuss how the three types of models can be extended to handle a new feature, namely, general shared resources. Finally, in Section 4.7 we present extensions on the modeling of general resource constraints using discrete modeling of time. Building upon the material in Chapter 3, we illustrate how some of the modeling techniques introduced for single-unit problems can be extended to account for multiple units. Our goal is to outline some general ideas that the reader can apply to a wider range of problems.We focus on (1) problem features that are new, compared to the ones in single-unit problems (i.e., batching decisions and general shared resources); and (2) new modeling techniques that are necessary to account for these features.
The case law and literature to date have struggled to locate the rationale for the assignability of arbitration agreements. While different justifications have been proffered, each of them rests on questionable premises. This has given rise to a host of uncertainties over the rules which apply in practice. This paper proposes that a satisfactory rationale can be found in the “acceptance principle”. This principle indicates, first, that arbitration agreements which are not actual burdens can be assigned, and second, that the assignability of arbitration agreements is grounded in the assignee's acceptance in the form of non-disclaimer of the assignment. Bringing the acceptance principle to the fore not only provides a theoretically sound justification for the assignability of arbitration agreements; it also suggests how the practical uncertainties in this area of law can be resolved satisfactorily.
This paper discusses grammatical gender in Norwegian by bringing together data from first language acquisition, Norwegian heritage language, and dialect change. In all these contexts, gender is often claimed to be a vulnerable category, arguably due to the relative non-transparency of gender assignment. Furthermore, the feminine gender is in the process of being lost in many Norwegian dialects, as feminine agreement forms (for example, the indefinite article) are merged with the masculine. The definite suffix, in contrast, is quite stable, as it is acquired early and does not undergo attrition/change. We argue that the combined data provide evidence that gender and declension class are separate phenomena, and we outline a possible formal analysis to account for the findings.*
When should a contractual right be assignable to a non-party? English law's answer to this question is complex, and many of its rules are difficult to justify. In some respects, the law appears unreasonably pro-assignment, whereas sometimes it denies assignability to rights that should be assignable. This article contends that, in developing the law of assignability, the judiciary and Parliament have relied on a series of dubious ideas that deviate from the law's usual approach to contracts, and the current law rests partly on intuitive policy rationales that do not withstand scrutiny. The main aim of the article is to propose a new framework for thinking about the law of assignability that is more closely aligned with general ideas about contract law.
This chapter introduces the different data types of Python: integers, characters, strings, lists, dictionaries, tuples, etc. The chapter also treats the concept of mutability.
By an assignment we mean a mapping from a Choquet simplex $K$ to probability measure-preserving systems obeying some natural restrictions. We prove that if $\unicode[STIX]{x1D6F7}$ is an aperiodic assignment on a Choquet simplex $K$ such that the set of extreme points $\mathsf{ex}K$ is a countable union $\bigcup _{n}E_{n}$, where each set $E_{n}$ is compact, zero-dimensional and the restriction of $\unicode[STIX]{x1D6F7}$ to the Bauer simplex $K_{n}$ spanned by $E_{n}$ can be ‘embedded’ in some topological dynamical system, then $\unicode[STIX]{x1D6F7}$ can be ‘realized’ in a zero-dimensional system.
In recent years two views have developed as to the efficacy of prohibitions on the assignment of contractual rights. One view, “the property view”, dictates that such prohibitions characterise contractual rights as choses in action and robs them of their transferable nature. Another view, “the contract view”, dictates that such prohibitions operate only at the level of contract and cannot prevent the equitable assignment of the benefit of a contract. Both views have judicial and academic support. The view that is ultimately adopted will have important implications for contract drafting and the law of assignment. This paper explains both views and puts forward an argument for adopting the property view.
We report the isolation, development and multiplex optimisation of 12 new microsatelliteloci for the great scallop, Pecten maximus. Diversity was moderate tohigh, with number of alleles ranging from 4 to 20 and observed heterozygosity between 0.28and 0.88. Progeny produced in a commercial hatchery was used to test locus power forparentage assignment. The percentage of offspring that was unambiguously assigned to aunique pair of parents was 97% (software package CERVUS-COLONY). Parentage assignmentrevealed that 22% of the studied progeny resulted from unplanned crosses. Effectivepopulation size of the study progeny was also estimated. Our study illustrates the powerof microsatellites for the genetic monitoring of hatchery-produced great scallops.
In this paper, we analyse the multiobjective problem generated byapplying a goal programming approach to deal with linearassignment type problem. We specify sufficient conditions for asolution to be efficient for this problem. The notion ofefficiency with respect to a neighborhood is also introduced andcharacterized through sufficient conditions. Unfortunately, theseconditions are not necessary in general.
We consider an N-server queue with arbitrary arrivals and service times which are random but with differing rates for different servers. Customers arriving when all servers are occupied do not enter the system. We show that the policy of always assigning an arrival to that free server whose service rate is largest (smallest) stochastically minimises (maximises) the number in the system. We then show that in a particular component-repair context with exponential repair times the policy of repairing failed components with the smallest failure rate stochastically maximises the number of working components.
Recommend this
Email your librarian or administrator to recommend adding this to your organisation's collection.