Entgeltlichkeit des Pflichtteilsverzichts gegen Abfindung

Ein Pflichtteilsverzicht gegen Abfindung (hier: übertragung einer Grundfl?che) ist als entgeltliches Gesch?ft und nicht als Schenkung zu werten. Seine Wirksamkeit ist ungeachtet einer unrichtigen Bezeichnung nicht von der Erfüllung der für Schenkungen geltenden Formerfordernisse abh?ngig. Die Schenkungsabsicht besteht in der Absicht einer unentgeltlichen, dh auf keine Gegenleistung bezogenen und freiwilligen (freigebigen) und damit auch nicht durch sittliche Pflicht verlangten Leistung. Das Vorliegen einer Schenkung kann nicht allein danach beurteilt werden, ob der Empf?nger des Verm?genswerts mangels Erbringung einer Gegenleistung objektiv in seinem Verm?gen bereichert ist; es muss auch das – ausdrücklich oder schlüssig erkl?rte – Einverst?ndnis der Vertragspartner über die Unentgeltlichkeit der Verm?gensverschiebung vorhanden sein.     

Public–private partnership (PPP) and water-supply provision in urban Africa: The experience of Congo-Brazzaville

This paper addresses the introduction of a public–private partnership (PPP) for water provision in urban Congo. It describes the organisational context before and after PPP and discusses the various outcomes of the partnership, both positive and negative. Despite some promising early results, the PPP arrangements did not develop as planned and the private enterprises ran into financial problems. The role of the political environment in compromising the potential benefits of PPP was important, and the article closes with some policy recommendations in light of Congo's ongoing negotiations with the international financial institutions to secure their assistance for new economic reforms.     

Does knowledge diffusion between university and industry increase innovativeness?

This paper presents an econometric analysis of the impact of collaboration with universities on the innovative output of firms. We also illustrate the differences that emerge from robustness checks, based on different matching estimators and samples. Our findings strongly suggest that university collaboration has a positive influence on the innovative activity of large manufacturing firms. In contrast, there appears to be an insignificant association between university collaboration and the average service firm’s innovation output.     

Patterns of Local Policy Disruption: Regulatory Responses to Uber in Ten North American Cities

Since its inception in 2009, Uber has grown into a technology behemoth, with operations in over 70 countries and 500 cities around the world. Along the way, it has successfully forced regulatory upheaval in hundreds of local taxi markets controlled by municipal authorities. In this sense, Uber is not only a market disruptor, but also a policy disruptor. This paper examines the nature of such policy disruption at the local level by reviewing regulatory responses to Uber in ten North American cities. We find that regulatory outcomes are a function of two factors: Uber’s government relations strategy, either cooperative or confrontational, and the degree to which local governments perceive Uber as complementary or harmful to the existing marketplace. We conclude by proposing a typology of regulatory responses to Uber as a basis to identify patterns in the behavior of municipal regulatory authorities and political leaders.     

The Impact of Social Media Political Activists on Voting Patterns

This paper investigates how social media affects general voting patterns. Unlike previous studies investigating whether citizens’ use of social media affects political participation, this paper considers the connections that social media users have with political activists on social media, and how this connectedness influences general voting patterns, using data from Ghana. With contemporary theoretical perspectives and exploratory techniques, trends from past literature are presented, from a social media-based propagated survey with 420 valid responses. Structural equation modeling was used to test the conceptual model, which demonstrates that the connectedness with political and social media activists is significant and positively influences modifications in voting patterns. Online political participation and political affect also present an effect on voting patterns. The relationship between connections with social media political activists and online political participation is significant, as indicated by a strong covariance observed in the model. The results of the multigroup analysis also indicate some cultural and social issues to shape the phenomena for further investigation.

     

Market segmentation and lender specialization in the primary and secondary mortgage markets

Abstract

This paper provides a comprehensive evaluation of market segmentation and lender/purchaser specialization in the primary and secondary mortgage markets. It describes and assesses the 1990 Home Mortgage Disclosure Act (HMDA) data, which for the first time provide detailed information on the borrower and neighborhood racial and income characteristics of mortgage loan originations and securitizations in the primary and secondary mortgage markets. Evidence presented in the paper indicates that home purchase loan origination rates for black applicants—and, to a lesser degree, Hispanic applicants—appear to be significantly lower than those of other racial or ethnic groups. Similarly, the HMDA data reveal that home purchase mortgage origination rates in predominantly minority census tracts are significantly lower than those in predominantly white neighborhoods. The HMDA data also indicate a striking reliance of black borrowers on government‐backed forms of mortgage credit.

The paper further reveals that secondary market loan purchase distributions arrayed by borrower and neighborhood characteristics generally reflect those of home mortgage originations. The borrower and locational characteristics of home purchase loans acquired by the Government National Mortgage Association (GNMA) directly reflect that agency's legislated specialization in government‐backed loans, whereas the characteristics of loans acquired by Fannie Mae and Freddie Mac for the most part derive from the borrower and geographic composition of conventional home purchase loan originations. Findings of analyses of HMDA data raise concern regarding the access of minority and low‐income households and neighborhoods to mortgage finance. Those results also raise some question as to whether the federally chartered agencies in the secondary market are adequately promoting the availability of mortgage credit to low‐ and moderate‐income and minority households.     

“Sex change” in skeletal remains: Assessing how heat-induced changes interfere with sex estimation

The true impact of heat-induced changes in human bone regarding their sex estimation has not been comprehensively documented having a potentially negative impact on forensic anthropology. The objective of this paper was to evaluate how heat exposure affects sex estimation based on both morphological and metric features. The study focused in both low-to-medium intensity burns and high intensity burns. Selected sexually dimorphic features were analysed in 51 experimentally burnt skeletons from the 21st Century Identified Skeletal Collection. Bones were burnt to maximum temperatures between 450 °C and 1050 °C achieved after 75 to 257 min. Morphological methods tested in this study comprised the recommendations for hipbone features from Buikstra and Ubelaker (1994) and from Bruzek (2002). On the other hand, metric references tested here were the ones from Wasterlain (2000), Curate et al. (2016) and Gonçalves et al. (2013) focused on the humerus, femur, calcaneus and talus. Agreement was tested with Gwet’s AC1 test and was further assessed by calculating the relative amount of perfect agreements. Results demonstrated that heat-induced changes affected not only the scoring of morphological features burnt at high temperatures but also the scoring of features burnt at lower intensities. On the other hand, metric features were only considerably affected in high intensity burns, no major changes being documented for low-to-medium intensity burns. For low-to-medium intensity burns, the Bruzek and Curate et al. methods revealed a better agreement between the pre- and post-burning scores. For high intensity burns, better agreement was obtained by using the Bruzek (2002) and Gonçalves et al. (2013) methods. As expected, heat-induced warping, fracture and metric change had a major impact on the pre- and post-observations’ agreement. Contrary to what has been systematically assumed over the years, this impact is also quite substantial in bones burnt at low-to-medium burn intensities so caution is advised during the analysis of this kind of burnt skeletal material.