Trata-se de estudo acerca da admissibilidade dos pactos de limitação da responsabilidade contratual no Direito Brasileiro e, em especial, nos contratos de transporte de carga. O primeiro capítulo trata da definição jurídica da cláusula de limitação de responsabilidade e de sua função econômica. O segundo capítulo aponta as diferentes manifestações de cláusulas de limitação de responsabilidades na prática contratual e as distingue de figuras próximas, tais quais a transação e as cláusulas de redução de garantias. O terceiro capítulo trata da admissibilidade a priori das cláusulas de limitação de responsabilidade no Direito Brasileiro. Nesse terceiro capítulo, são enfrentadas as principais objeções à validade da cláusula de limitação de responsabilidade, tanto sob a perspectiva da dogmática jurídica quanto sob a perspectiva das consequências sociais produzidas pela cláusula. A conclusão do terceiro capítulo é que, a princípio, as cláusulas de limitação de responsabilidade são admitidas no Direito Brasileiro. No quarto capítulo, são enfrentadas as questões dogmáticas específicas acerca da validade da cláusula de limitação. Identificam-se, nesse capítulo, os requisitos de validade da cláusula de limitação de responsabilidade no que diz respeito (i) aos atos que deram causa ao inadimplemento; (ii) aos tipos de obrigações violadas; e (iii) aos efeitos da cláusula sobre o equilíbrio contratual. São analisados, ainda, os requisitos de validade da cláusula nos contratos por adesão. O quinto capítulo trata da cláusula de limitação de responsabilidade no contrato de transporte de carga. No quinto capítulo se demonstrará que as limitações de responsabilidade do transportador previstas em leis e convenções internacionais acerca dos diferentes modais de transporte, em verdade, têm natureza contratual: consistem em cláusulas de limitação implícitas. As cláusulas de limitação de responsabilidade, tanto implícitas, quanto explícitas, inseridas em conhecimentos de transporte estão sujeitas aos requisitos de validade das cláusulas de limitação de responsabilidade em contratos por adesão. O quinto capítulo ainda enfrenta questões dogmáticas relativas à interpretação e eficácia das cláusulas de limitação de responsabilidade. / The purpose of this thesis is to further understand the admissibility of agreements to limit contractual liability in Brazilian Law, especially in what concerns contracts for carriage of goods. The first chapter is focused on the legal definition on the liability limitation cause and the economic function thereof. In turn, the second chapter refers to the different kinds of liability limitation clauses in contractual praxis, distinguishing such clauses from similar legal concepts, such as settlement clauses and clauses to reduce warranties. The purpose of the third chapter is to discuss the a priori admissibility of liability limitation clauses in Brazilian law, with respect to the main objections to the validity thereof, both in relation to the jurists opinion on the matter and from the perspective of the social consequences brought forth by said clauses. The conclusion drawn in the third chapter is that liability limitation clauses are, in a first glance, valid under Brazilian law. The fourth chapter addresses the specific issues of the doctrine relative to the validity of limitation clauses, thereby identifying the validity requirements of the liability limitation clause in what concerns (i) the acts that gave rise to the nonperformance, (ii) the types of non-performed obligations, and (iii) the effects of the clause on contractual balance. In addition, the validity requirements of the clause are assessed in standard form contracts. The fifth chapter focuses on the liability limitation clauses within contracts for carriage of goods, whereby it will be demonstrated that the limitations of the carriers liability provided for by laws and international conventions on different transportation modes are in fact of a contractual nature, for they are implied limitation clauses. Both explicit and implied liability limitation clauses included in bills of lading are subject to the validity requirements of liability limitation clauses set forth in standard form contracts. The fifth chapter furthermore addresses some controversial issues related to the interpretation and effectiveness of liability limitation clauses in contracts for carriage of goods.

Nous sommes partis d'une analogie inédite entre la configuration de certaines feuilles dans le bourgeon et les ribambelles de papier. Quand on plie du papier et qu'on le coupe avec des ciseaux, à chaque pli va correspondre une pointe ou un creux de la ribambelle déployée. De nombreuses feuilles adoptent la même géométrie dans le bourgeon. Le bord de la feuille est replié sur un plan comme si il avait été découpé avec des ciseaux. Pour cette raison purement géométrique, les lobes et creux de la feuille déployée correspondront exactement aux plis initiaux. Nous avons nommé ces feuilles « kirigami », ce qui veut dire couper-papier en japonais. La première partie de cette thèse, purement géométrique, montre à quel point les géométries des feuilles sont contraintes par leur développement plié. Nous montrons aussi que la richesse des géométries que permet le kirigami se retrouve au sein des feuilles. La deuxième partie, plus biologique, propose à la fois un mécanisme pour le développement des plis et un candidat pour les mystérieux ciseaux. Nous concluons sur l'intérêt évolutif d'une telle organisation des feuilles dans le bourgeon.

Dans les communautés de forêt tropicale humide, la compétition interspécifique et la limitation du recrutement par la dispersion ont généralement invoquées pour expliquer la coexistence de nombreuses espèces d'arbres. Le rôle de ces mécanismes dans la régénération reste peu connu, bien que leur compréhension soit essentielle pour la gestion des forêts exploitées. Dans ce travail, les conditions du milieu et les relations intraspécifiques ont été prises en compte dans l'analyse des distributions de juvéniles. Quinze espèces non pionnières ont été sélectionnées selon un gradient de tolérance à l'ombre et des modes de dispersion variés. La modélisation statistique de la densité locale a permis de relier le succès d'installation des juvéniles aux conditions du milieu et aux distances aux arbres adultes simultanément. Les prédictions des<br />modèles confirment le gradient de tolérance parmi les espèces étudiées et révèlent des courbes d'installation différentes selon le mode de dispersion.

<p>To begin with we provide a brief background on the Longwangzhuang coal industry company. In this paper we introduce the BSC and try to search and seek a suitable BSC management system which combined with the Chinese culture, special organization culture and structure. Sequentially, improve the internal system of this company. After all, our conclusion is with the improved strategy and target that is possible to use BSC to improve the internal system in Longwangzhuang coal industry. We give some advices to Longwangzhuang coal Industry Company helps them to improve.</p>

<p>Today many sociologists speak about the modern world and the god and bad that it brings. In association to this discussion there is a tendency to speak about an increased individualization, a process that often also means more choices and possibilities. But in addition to this follows a big responsibility for how we choose to live our lives, since our choices not seldom also influences other people, both locally and globally. The aim of this essay is to investigate the importance of non-profit organizations with social direction in our Swedish welfare society and thereby also in a modern world where people's individual choices are becoming all more important. In order to answer my main issue I have implemented thirteen qualitative interviews, of which ten of the informers are from different non-profit organizations and three from different stately authorities. These interviews have afterwards been put together to a result account, which also constitutes the empirical basis for the analysis. I have also with the starting point in some of the theoretical concepts of Bauman, Bourdieu and Giddens, carried out an analysis of the importance of non-profit actions, both in relation to the society and to the individual. The analysis and the empirical material have among other things shown the need of non-profit organizations in our welfare society today. But it should likewise be pointed out that it is important to openly discuss the role of non-profit organizations, both in relation to the welfare State and in relation to those changes and risk forecasts that some of the researchers on the area for the civilian society have predicted.</p>

Semi-natural grasslands, which are a declining and fragmented habitat in Europe, contain a high biodiversity, and are therefore of interest to conservation. This thesis examines how plant diversity is influenced by the landscape context, and how plant and fungal diversity can be targeted by practical conservation using indicator species and congruence between species groups. Reproduction and recruitment of the dioecious herb Antennaria dioica was also investigated, providing a case study on how fragmentation and habitat degradation may affect grassland plants. Grassland size and heterogeneity were of greater importance for plant diversity in semi-natural grassland, than present or historical connectivity to other grasslands, or landscape characteristics. Larger grasslands were more heterogeneous than smaller grasslands, being the likely reason for the species-area relationship. A detailed study on A. dioica discovered that sexual reproduction and recruitment may be hampered due to skewed sex-ratios. Sex-ratios were more skewed in small populations, suggesting that dioecious plants are likely to be particularly sensitive to reduced grassland size and fragmentation. A study on indicators of plant species richness, used in a recent survey of remaining semi-natural grasslands in Sweden, revealed several problems. A high percentage of all indicator species were missed by the survey, removing an otherwise significant correlation between indicator species and plant species richness. Also, a null model showed that the chosen indicator species did not perform significantly better than species chosen at random from the available species pool, questioning the selection of the indicators in the survey. Diversity patterns of the threatened fungal genus Hygrocybe were not congruent with plant species richness or composition. Plants are thus a poor surrogate group for Hygrocybe fungi, and probably also for other grassland fungi. Implications from this thesis are that conservation of semi-natural grasslands should target several species groups, and that an appropriate scale for plant conservation may be local rather than regional.

Rich fens are an important, but threatened, habitat type in the boreal landscape. In this thesis I have examined responses of rich fen vascular plants and bryophytes after drainage and restoration. The effects of drainage on the rich fen flora were observed in a long time study and the responses were rapid and drastic. During an initial stage a rapid loss of brown mosses was observed, followed by increases of sedges and early successional bryophytes, and later by an expansion of dominants. Initial effects of hydrological restoration showed that rewetting can promote re-establishment of an ecologically functional rich fen flora, but has to be combined with other treatments, such as mowing or surface disturbance. After restoration, re-establishment of locally extinct species may be hampered by dispersal limitations. To test if reintroductions could help to overcome dispersal limitations I performed transplantation studies with four common rich fens bryophytes to a rewetted site. The results showed that the species were able to establish, and that survival and growth were promoted by desiccation protection and liming. I further examined competition among three of the most common bryophytes in natural boreal rich fens that usually occur mixed in a mosaic pattern but show small but important microtopographical niche separation. The results indicate similar competitive abilities among the species, and no case of competitative exclusion occurred. The results help to explain the coexistence of these species under natural conditions with microtopographic variation and repeated small scale natural disturbances. Restoring a functional flora in drained rich fens is a complex task, which requires understanding of underlying causes of substrate degradation in combination with suitable restoration measures. The thesis suggests how the results can be used in practical restoration work, and also stresses the need for monitoring of restoration experiments over longer time.

Today many sociologists speak about the modern world and the god and bad that it brings. In association to this discussion there is a tendency to speak about an increased individualization, a process that often also means more choices and possibilities. But in addition to this follows a big responsibility for how we choose to live our lives, since our choices not seldom also influences other people, both locally and globally. The aim of this essay is to investigate the importance of non-profit organizations with social direction in our Swedish welfare society and thereby also in a modern world where people's individual choices are becoming all more important. In order to answer my main issue I have implemented thirteen qualitative interviews, of which ten of the informers are from different non-profit organizations and three from different stately authorities. These interviews have afterwards been put together to a result account, which also constitutes the empirical basis for the analysis. I have also with the starting point in some of the theoretical concepts of Bauman, Bourdieu and Giddens, carried out an analysis of the importance of non-profit actions, both in relation to the society and to the individual. The analysis and the empirical material have among other things shown the need of non-profit organizations in our welfare society today. But it should likewise be pointed out that it is important to openly discuss the role of non-profit organizations, both in relation to the welfare State and in relation to those changes and risk forecasts that some of the researchers on the area for the civilian society have predicted.

The objective of this study was to investigate the physiology and productivity in Escherichia colicultures with emphasis on the temperature-limited fed-batch (TLFB) culture. The TLFB techniquecontrols the oxygen consumption rate of the growing culture by a gradually declining temperaturefrom 37-35 °C down to 20-18 °C. The temperature regulated the DOT around a set-point (30 % airsat.), and all nutrients were in excess. Glucose was fed into the culture continuously, however, highacetate formation was avoided by keeping the glucose at a low, yet excessive, concentration. Thebiomass productivity was approximately the same in TLFB as in glucose-limited fed-batch (GLFB)cultures, since the specific growth rate and the oxygen consumption rate are limited by the oxygentransfer capacity of the reactor in both techniques.High concentrations of endotoxins were found in the medium of E. coli fed-batch cultures at lowspecific growth rates (below 0.1 h-1) and severe glucose limitation. In this thesis the TLFB techniquewas found to suppress the endotoxin release even at low specific growth rates. The repressed release of endotoxins in TLFB cultures was due to the high availability of glucose and not to the low growthrate or the lower temperature. The conclusion was drawn from comparing with the GLFB technique performed at 20 °C, which resulted in high endotoxin release.Extensive release of endotoxin, accompanied with high concentrations of soluble proteins was foundin a TLFB culture exposed to a higher energy dissipation rate, 16 kW m-3, instead of 2 kW m-3, due toa higher stirrer speed (1000 instead of 500 rpm). The hypothesis that this is a result of mechanicalstress is discussed in context with the common view that cells like E. coli, which are smaller than the Kolmogoroff’s microscale of turbulence, should not be influenced by the turbulence.TLFB cultured cells exhibited more stable cytoplasmic membranes when treated with osmotic shockas compared to the GLFB cultured cells. The concentrations of DNA and soluble proteins in the periplasmic extracts from the TLFB cultured cells were lower than from GLFB cultured cells. Inaddition, the specific productivity of periplasmic β-lactamase was higher in the TLFB cultures,suggesting that this technique could be an alternative for protein production. The solubility of apartially aggregated recombinant protein increased in the TLFB compared to the GLFB cultures.However some time after induction, in spite of the gradually declining temperature, the solublefraction decreased.For obtaining better understanding of the performance of the process and for identifying criticalparameters, a mathematical model was developed based on the growth, energy and overflowmetabolism at non-limiting nutrient conditions. The temperature-dependent maximum specific glucoseand oxygen uptake rates were determined in pH-auxostat cultures for temperatures ranging from 18 to37 °C. A dynamic simulation model of the TLFB technique was developed and the results were compared to experimental data. The simulation program was also used for sensitivity analysis of some physiological and process parameters to study the impact on biomass concentration and temperatureprofiles. An effect on the biomass concentration profile but not on the temperature profile wasobserved when changing the oxygen transfer coefficient. If the maximum specific glucose uptake ratewas altered, or if the glucose concentration was permitted to assume other values, the temperatureprofile but not the biomass concentration profile was influenced. Cell death affected both the biomassconcentration profile and the temperature profile. / QC 20100922

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