H RESEARCH EDITION Professional scientific magazine
H Research edition. Publisher writing to 22790 Department Italian Government AGCOM ROC. Director Engineer Dr. Gnazzo Vito Annual magazine, publication namber 2017-18 www.htnetEdition.eu ISSN 2532-5612
Publication list
H Research Edition English: magazine number 2017-18
IN THE KINGDOM OF NAPLES
Universities and scientific disciplines between XVI and XVIII century
publication 2017-18 05
CORPORATE GROUPS
Subsidiaries and parent companies.
publication 2017-18 04
THE TABULAR COLLEGE
The civil engineer and military engineer.
publication 2017-18 03
FUNDAMENTAL PURPOSE
University studies
publication 2017-18 02
FREE WILL OF A BANK?
Legal monopoly, competitive
publication 2017-18 01
BIBLIOGRAPHY.
Abstract: magazine H 2017-18
publication 2017-18 00
H Research Edition. ISSN 2532-5612. Publication 2017-18,05 Division edition Group HTNET www.htnetEdition.eu
Universities and scientific disciplines between XVI and XVIII century
In the Kingdom of Naples By the end of the eighteenth century it can be said that there are no schools or faculties where the architecture and engineering are taught and that they release corresponding academic titles. With regard, in particular, to the teaching of mechanics, up to the eighteenth century in the Italian Universities, it remains confined to the traditional patterns of "natural philosophy", in the preparation courses for obtaining the title of "magister artium". In experimental physics, the space devoted to the mechanics alien from any application to the arts or machines is very limited. Only military architecture, hydraulic architecture, artillery can be regarded as true "applied sciences" but they have little to do with the material production system, which has received interest and attention from the cultural enlightenment revolutions, It has not yet gained credit in universities (V. Marchis, Machine History, p.175-176; Laterza Publishers 1994). Bearing in mind these general aspects of university studies, we now look wider than what happened in Naples in particular in the period in question; We will point out in the next publications the main events in the rest of Italy and then in Europe. Universities and scientific disciplines in the Kingdom of Naples..The training of an engineer, in the period we referred to, took place in several ways: some study mathematical sciences and, starting with theoretical knowledge, then practice with an already experienced engineer; Others get to engineer through the Academy of Fine Arts; Those who ultimately want to become architects-military engineers, follow the specially established schools. The scientific and technical disciplines proposed to an aspiring engineer stemmed from the great current of modern technical progress, which dates back to the sixteenth century. The development of mathematical studies and their applications has given a primary contribution to the evolution of the engineer. In fact, the historical study of mathematics in Naples from 1650 to 1732 shows that there was little evolution as well as physical and natural sciences, at least in the face of what happened elsewhere. This was due to the
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depressing economic and environmental conditions in which scholars and teachers were forced to work in the Kingdom of Naples. Many examples, derived from historical documents, show that the tendency of scholars, as mathematicians, since the beginning of the sixteenth century was to address the application of sciences. Analyzing the effect of this tendency on school establishments, engineers' training sites, however considered, find that the sciences are lagging behind in older organizations such as universities, while they are more easily transposed into bodies already facing the immediate future. Such as the military schools and therefore the greatest progress lies in the military field, where the conditions were very privileged. At the University of Naples the teaching of elementary mathematics was not given before 1654, when the first mathematics degree was instituted by Tommaso Cornelio (Cosenza 1614 - Naples 1684) for the involvement of the lawyer Francesco d'Andrea and only in 1703 a perpetual mathematics chair was obtained. These two faculties constituted the Faculty of Mathematics, who issued a mathematics degree to candidates who followed the courses; The duration of these courses was adjusted from time to time to the time required for the learning by the candidates. With the first reform proposed by Monsignor Celestino Galiani, there was a clear step towards new trends, that is, towards a practical application of the sciences, with the creation of a second Mathematics Chair. The Chair of Arithmetic and Algebra was then established in 1761. At Genovesi, who from 1741 taught Metaphysics at the University, and for whom Intieri, in 1754, had founded the Chair of Civil Economics, Mechanics of Arts and Commerce, Since 1767 was entrusted with the task of proposing a reform of university studies by Bernardo Tanucci. In it Genoese transposed much of his ideas. The Genovesi project found no practical application but served to inspire some parts of the reform, which was then decreed by Ferdinand IV, in Portici on 26 September 1777. It is significant that the decree was communicated to the chaplain Major with a letter from King of October 1777, in which it was stated that it was the intention of the Sovereign to form a complete and complete body of what is necessary for the perfect education of youth, starting from the first elements to the most sublime faculties and sciences. After this reform, which established a faculty of mathematics separate from that of Natural Sciences, the faculties of Mathematics became six; Among them there was the one of Mechanics, entrusted to Father Scolopus Nicolò Cavallo (1724-1802) and that of Practical Architecture and Geometry, entrusted to Canon Torello. In 1802 there were the professions of Civil
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Architecture and Private Geometry, Analytical Mathematics, Synthetic Mathematics and Mechanics. To meet the needs arising from the design and construction of large buildings, of which Charles III was providing the capital of the Kingdom and its surroundings, In 1752 the Academy of Drawing was founded, the same year that the Academy of St. Leonardo was founded in Madrid. The ordering of this Neapolitan Academy was divided into two levels of study: the upper grade was represented not only by the Drawing, the Academy of Nude, and the Academy of Architecture. The latter was founded around 1762. At first the teachers of this Academy were chosen among the artists belonging to the old Royal factories. They, being not architects, showed a major gap in technical education, which was eliminated by taking engineer Antonio Vincenzo Ferraresi, as a professor of civil architecture. This Academy, which had already been headquartered in the Royal Laboratories, moved to the Palazzo degli Studi. Along with that described, the development of Mathematics in Naples in the period from the sixteenth to the eighteenth century followed a different course in the military institutions. This development did not take place in the Universities but in the Military Academy, which gave rise to another study address, which was soon opposed to that of the University and was often in the fight with it. These were more modern analytical studies; The new one who had come to this military academy and was spreading it was largely based on scientific studies and, in particular, those of mathematics and physics, in their multiple perceptions and applications, and was enlivened by contacts that, at the European level, there were teachers and students in this field, creating a happy enlargement of scientific and technical horizons. After setting up in 1735, the Academy of Marina and in 1744, the Artillery or Artillery Academy, Charles III set up in 1754 the Academy of Engineers or the Engineers' College. In 1742 the Engineer's Body received a new sorting. On February 1, 1754, he was nominated by the King as Director and Examiner of the Academy of Engineers; That assignment was assigned to the mathematician Niccolò de Martino, whom the King had called upon by the Court of Spain, where he was secretary of the Embassy. On December 26, 1769, from the merger of the two Academies, Artillery and Engineers, the Royal Military Academy was founded; The first two can be considered the progenitors of today's Academy of Nunziatella. The Royal Military Academy with order of May 18, 1777, performed on 18 November of the same year, was placed in the Nunziatella building. Abbot Vito Caravelli was the director and author of studies, according to the actual measure of May 10, 1770, which stated: "the formation of scientific treatises that must
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teach throughout the four-year course will be a The duty of the Director of Science, whom we want to form them and publish them as a military course, in particular the teaching of our Royal Academy". Thus Vito Caravelli published a course on Mathematics and Astronomy and in 1786 a treatise on differential calculus (together with a treatise by Vincenzo Porto on the integral calculation); Giuseppe Saverio Poli the Course of Geography and Military History. The following lessons were taught in the Military Academy: Mechanics and Experimental Physics - Tactics - Sublime Calculation - Conical Sections Trigonometry and Practical Geometry - Solid Geometry - Reasonable Geometry and Arithmetic - Geography - Italian Eloquence - Latin Language Upper - Latin and Italian grammar - Read and write and numerate - Character - Drawing of figures - Country design (). Another important aspect of the military academies lies in the fact that they were not only bodies operating within patriotic borders, but were instrumental in contacting the technical experiences of other countries and other centers of study. Regarding contacts with the realities of other countries, we find that Saverio Poli goes to England to buy cars, while Giuseppe Parisi leads the students for instructional courses in France and Germany. Francesco D'Andrea (Ravello 1625 - Candela 1698): He was a member and founder of the Academy of Investigators. Primary lawyer of the Kingdom of Naples traveled and participated in intellectual life and scientific studies in many Italian cultural environments. Celestino Galiani (San Giovanni Rotondo 1681 - Naples 1753): Encyclopedic, scholar, philosopher, historian of the Church, but above all mathematician. He is also considered by modern historians as the greatest speaker of Newtonianism in Italy today. He was assigned the mathematics department at the University of Rome (1718). In 1731, when he went to Foggia to help and help his fellow citizens escaped by the tremendous earthquake of March 20, he had the news of his appointment to Archbishop of Taranto, where he was in less than a year, because the King of Naples named him "Cappellano Maggiore Of the Kingdom of Naples ", a very important charge that included the command of education, the rector of the University, Prefect of the Regi Studi. Bartolomeo Intieri: An intelligent mathematician and Tuscan banker of humble origins, he transplanted to Naples as a young man and became
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totally involved in the life of the city (from the Student's Guide to the Faculty of Law at Federico II). Marchese Bernardo Tanucci (Stia, Arezzo, 1698- at Naples 1783): Professor at the University of Pisa, entered the service of the Duke of Parma Charles of Bourbon. When he became King of Naples and Sicily, under the name of Charles III, he was appointed Minister of Justice (1752) and Minister of Foreign Affairs and Reality (1754). On the departure of Charles III for Spain, he became Minister of Ferdinand IV, his successor, and inspired the reforming policy of the Bourbon monarchy of Naples. The official birth of "Nunziatella" dates back to November 18, 1787, the day of the beginning of the courses of the Royal Military Academy. By decree of Admiral John Acton, Minister of War and of the Navy of the Kingdom of Naples, on 28 May 1787 was assigned to the Royal Military Academy the Jesuit Convent, placed on the hill of Pizzofalcone, next to the church called "Nunziatella". (From the Nunziatella Military School website). Giuseppe Saverio Poli: Doctor and Naturalist, born in Molfetta on 24 October 1746, died in Naples on April 7, 1825. He studied in Padua between 1765 and 1770; He practiced in Naples the medical profession until 1776, when he was appointed professor of military history and geography at the Military Academy. Here he was tasked to equip the scientific cabinet for his teaching and for this he made many trips to various European countries. He was then appointed professor of physics at the medical school of the Incurabili in Naples. During his travels he collected abundant zoological material, which was the basis of the prestigious Zoological Museum of the University of Naples. General Giuseppe Parisi (born in 1747, who died on 14 May 1985 in Nocera, was the founder of the most famous and ancient Military School of Europe, the Nunziatella of Naples. Military Engineer and Professor of Mathematics, already in 1780 and 1781 published the 1st and 2nd Tomo of Elements of military architecture composed for the use of the Academy of Battalion Regal Ferdinando. The 1st Book consisted of pages 328 and 12 illustrating the topics discussed and the 2nd Volume of 335 pages and 11 tables; In 1786 he published another book, continuation of the first two, always written for the Regal Academy of pages 311 and 37 figures and drawings related to the work described. (From "BASIC REGION News" 2001).
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Sources for research: Naples State Archive | University Library Federico II of Naples, documents and texts from the 17th to the 20th centuries | Texts from the 17th to the 20th centuries of the Universities of the City of Rome, City of Florence, City of Turin, City of Paris |Sources for research: Sources for research: volume "THE ENGINEERING SCHOOL IN NAPLES 1811-1967" (edited by Giuseppe Russo, published on the occasion of the transfer of the Faculty of Engineering from Mezzocannone to the new buildings of Fuorigrotta) - extracted historical information and documents. | Publication rapporteur and Research Coordinator: Prof. Lelio Della Pietra (Mechanics Applied to Machines, Federico II, Engineering, Naples).
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Corporate groups
Subsidiaries and parent companies. Corporate groups on some continents of the planet, legal criteria for determining the Group as the only economic entity in the market. Determining the liability between the subsidiaries and the parent of a corporate group compared with civil offenses. Group of company in United Kindom. An enterprise links its relationships to a group of companies that consists of a parent/holding company and subsidiaries to minimise their risk and maximise their profit. There are four ways in which the relationship of holding company and subsidiary may arise: 1 - Where the holding company holds a majority voting rights in the subsidiary. 2 - Where the holding company is a member of the subsidiary and has the right to appoint or remove a majority of its board of directors. 3 Where the holding company is a member of the subsidiary and controls alone, pursuant to an agreement with the shareholders or members, a majority of the voting rights in the subsidiary. 4 - Where the subsidiary is a subsidiary of a company which itself a subsidiary of the holding company. However, this definition only stated what a subsidiary is and does not define what a group relationship is meant to be. The Companies Act went on to define a group structure in S.1162 (United Kingdom, Companies Act 2006, Chapter 46, part 38, section 1162 ) as a company will be the parent if it has the right to exercise a 'dominant influence' over a company by virtue of provisions contained in the articles of the subsidiary, or by virtue of a control contract. There are other reasons why a company form a group. This includes raising capital and facilitating external borrowing will be easy; and intercompany loans and transfer of assets will be permitted. Also, it may be convenient administratively, more proficient economically and more suitable geographically especially when overseas ventures are being carried out. It can therefore be inferred from the above that the corporate group structure allows for huge creation of wealth.
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Group of company in United States. A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to promulgate laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act. (See Minnesota's adoption.) State corporation laws require articles of incorporation to document the corporation's creation and to provide provisions regarding the management of internal affairs. Most state corporation statutes also operate under the assumption that each corporation will adopt bylaws to define the rights and obligations of officers, persons and groups within its structure. States also have registration laws requiring corporations that incorporate in other states to request permission to do in-state business. The application of MINNESOTA Business Corporation enables to constitute, by merger, corporate groups (section 302A 621, section 302A 626). Following the merger, the subsidiary is wholly controlled by Holding unlike European Union law where the parent company may have a control power, even nontotal and variable from 10% to 100%, through connection agreement and not fusion. In European company law is considered as a group of companies when the controlling parent in the merger exceeds a decisive influence of more than 50% (little under the 100%) and becomes the only economic entity for the market compared to the competition than and the liability. It seems to many doctrines that it is not possible to establish only legal-formal parameters if a parent company and its subsidiary (or its subsidiaries) act on the market as a single enterprise. It can not be established solely on the basis of corporate law if a subsidiary can independently determine its behavior on the market or if it is exposed to the determining influence of its parent. Otherwise, the parent companies concerned would find it easy to evade the responsibility for the illicit behavior of their 100% subsidiaries by invoking (only) the circumstances of company law. The link between the corporate group and the legal parameter can not be overlooked: if a controlling party, through an agreement exceeds 40%, controls the subsidiary on the economic dynamics of the agreement, it is the responsible of administrative malpractices from applying the legal parameter that in some countries of the European Union (excluding Italy) which he considers groups and therefore only economic entity if the control in the merger exceeds 50% and even in the case of large controlled companies, it must be total and can not therefore be limited to the economic dynamics that affect the agreement, it would be not responsible for illegal (civilian, statutory) placed by the group; responsibility would only be for the subsidiary. The Italian Civil Code considers the Group also considering the contractual link that binds the subsidiary and the parent company in
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business dynamics and administrative, civil liability. This must be an agreement from where it is possible to deduct a control influence between the subsidiary and the parent company of at least 10% (20% for companies without quoted shares). ALLEGATI: United Kingdom, Companies Act 2006, Chapter 46, part 38, section 1162 - copy | United Kingdom, Companies Act 2006, Chapter 46 copy | Minnesota Statutes, 302A.621 MERGER OF SUBSIDIARY - authentic copy | Minnesota Statutes, 302A.626 MERGER TO EFFECT A HOLDING COMPANY REORGANIZATION - authentic copy | Minnesota Statutes, 302A.631 ABANDONMENT - authentic copy | Minnesota Statutes, 302A.105 INCORPORATORS - authentic copy | Minnesota Statutes, 302A.111 ARTICLES - authentic copy | Minnesota Statute 302A.115 CORPORATE NAME - authentic copy | Web site recommended: Legislation Government United Kingdom | The Office of The Revisor of Statutes, Minnesota Statutes | European Union law |
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The Tabular College
The civil engineer and military engineer. From the previous publication of May 27, 2017: Italian university studies were born as a corporation or masters (universitas magistrorum) or rather than schoolchildren (universitas scholarium), and thus with a real autonomy. But in Naples, the Studio arose for the will of the sovereign with readers appointed and salaried by him, and with complete dependence on the State. The Studio is a state school of the same kind, and is kept alive both to feed the Culture, both to get that number of engineers and architects, doctors, lawyers that is needed in the country. The reader of the Medieval University was, except for a few exceptions, as in Naples, an independent professional of knowledge, inserted into an autonomous corporation and solidarity with his colleagues. In the sixteenth century there is no difference between an engineer and an architect. With the prammatic of August 27, 1564, the Viceroy of Naples Don Perafàn de Ribera laid down rules to regulate the work of masters of craftsmen, pipernieri, masters of ax, color and cuts trees, creating a sort of bulletin board, whose formation was made to representatives of Collegio dei Tavolari, whose primary task was to evaluate real estate located in the kingdom, giving them a monetary value; Admission to that bulletin board was carried out by means of examinations. Pedro Afàn De Ribera, Duke of Alcalá, quoted by the Neapolitans Don Perafàn, Viceroy of Naples from June 12, 1559 to April 2, 1571. He had to face serious problems, such as the famines of 1559, 1565 and 1570, earthquakes, brigandage in Calabria and In Abruzzo, the heresies in Calabria, the raids of the barbarians. (C. De Frede: The Spanish Viceroys of Naples- Newton's Economical Tascabili 1996). The Sixteenth Century Engineers, as well as those of the following century, were engaged in both civil and military works, such as regiments, reclamations, roads, bridges, castles fortifications. Among them, we find valiant technicians such as the Church Engineer who in 1638
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planned the reclamation of the Fondi plain. The evidence of the importance that the military engineer is increasingly assuming is found in that dispatch by Filippo King IV, published in Madrid on August 20, 1637, which states: "Venir declared noble whoever he served had only one year" and that the title had been handed down if the service had been continued for four years. The city of Naples by its elect had the right to nominate a Primary and nine Tavolies, who had the task of appreciating, on behalf of and disposition of the Tribunal, Feudi, burgens' assets (wills, inheritance divisions, purchase acts and Sales, accounting) to declare its value, and yet to measure the territories, factories, plants, and more. Admission to the Collegio dei Tabular was made by decision of the directors of the city; Later, by means of an examination, which focused on mathematical studies and civil and mechanical sciences. In addition to the tasks mentioned above, the College also had to regulate the work of the craftsmanship of manufacturers, pommers and the like. The outstanding privileges of this College were frequently disputed. In order to carry out the oversight over all affairs relating to universities (as corporations), Camerals Engineers, which depended on the Sommaria, which was the auditing body of all state accounts, but also of university. These Camerals Engineers were initially selected in an indefinite number, until, with Royal Decree of January 2, 1756, they were not numbered in six (twenty-one in 1757); They, along with the Military Engineers, had to take care of the direction of the works that, on behalf of the Royal Court, had to be done in the Kingdom. Other engineers with special assignments related to constructions of useful works to the city, such as an aqueduct, were those of Cities that appear in municipal deliberations towards the end of the sixteenth century. The City Engineer was not a stable figure; in fact, at the end of the sixteenth century his office was considered unnecessary; Since then, the city has, at some time, used freely selected engineers from time to time, while in others the city engineer's office was restored. The engineer in the military camp. To find out what the development of such a professional figure is, with the material available on it, are reported some of the major events that military engineers have been involved in. In 1742 we find engineers like Francesco Lopez Vario, Fasula, Francesco Rorrio, Pietro Bardett, who have been working on restorations to be done at the fortresses of Vigliena, Rovigliano and Castellammare; Again, the engineer Luigi Guillamat, who was entrusted with the task of strengthening the walls of Gaeta. Other engineers such as Spaniard Rocco Gioacchino Alcubierre occupy the charge the office of commanders. The architect Carlo Vanvitelli
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(1739-1821), who belonged to the military body, worked with his father Luigi (1700-1773) at the Royal Palace of Caserta. Regarding the tasks assigned to the military engineer, or carried out on his own initiative, there is some information about the activity of Giovanni Antonio Fontana Doyemont, who had been in the body since 1742, cadet and deputy in the Walloon Regiment in Namur Of military engineers, restoring towers and castles in Apulia and Calabria by inspecting the fortified centers of the Adriatic coast in 1770 with the chief engineer Persichelli, and drawing in 1774 a project for the restoration of the port of Gallipoli. With the edict of July 2, 1785, the Corps received a new order with a more organic body that was headed by Brigadier Conte Lorenzo Persichelli, and consisted of three chief engineers, seven volunteer engineers and 23 aggregates, with the degree of alfiere Or cadets. With the deployment of December 11, 1788, the Body of Military Engineers was dissolved, and reflected in the constitution of the Body of the Genius. Sources for research: Naples State Archive | University Library Federico II of Naples, documents and texts from the 17th to the 20th centuries | Texts from the 17th to the 20th centuries of the Universities of the City of Rome, City of Florence, City of Turin, City of Paris |Sources for research: Sources for research: volume "THE ENGINEERING SCHOOL IN NAPLES 1811-1967" (edited by Giuseppe Russo, published on the occasion of the transfer of the Faculty of Engineering from Mezzocannone to the new buildings of Fuorigrotta) - extracted historical information and documents. | Publication rapporteur and Research Coordinator: Prof. Lelio Della Pietra (Mechanics Applied to Machines, Federico II, Engineering, Naples).
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Fundamental purpose
University studies. At present, the university studies of every country in the world have as their main goal the vocational training, with one or more levels, depending also on the traditions of individual countries. In Italy, until the last reform of university studies, officially entered into force only recently, there was, or rather was, in fact recognized, a single level of university education, as the University Diploma has always had little consideration, both academically and In the world of work. The professional title was obtained at the end of a cycle of studies, which, depending on the faculty, had an official duration of four to six years. For the engineering faculty, that time was five years. Today over 6 years. The characterization of university studies has not always been the case for vocational training everywhere. Therefore, in order to better understand the events that will be referred to, it will be useful to have some indication of what the University Study meant in the past centuries. "University" is commonly understood as the structure and institution, scientific, educational and cultural, which is the highest level of education in a country. With this term, however, centuries ago, from the Middle Ages, Corporations or other associations of economic and commercial character were also identified. To avoid confusion, we would like to point out that, referring to Universities of the past, we mean the universities of higher education. Where this is a corporation, it will be specified. In the Universities of the Middle Ages, together with Sacred Scripture, Theology and Philosophy, they taught Law, Medicine and Liberal Arts (grammar, rhetoric, logic, arithmetic, geometry, astronomy, music). The Universities of the Middle Ages were the prestige of the great university centers of Europe: Bologna, Paris, Oxford, Salamanca, Vienna, Erfurt, Cologne, Basel, Leuven, Hanover, Budapest, Krakow, Prague, Coimbra, Vilnius, Uppsala, Copenhagen. They formed jurists, lawyers, notaries, theologians, clerics, that is, civil and ecclesiastical leaders. In Italy university
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studies were born as a corporation or masters (universitas magistrorum) or rather than schoolchildren (universitas scholarium), and thus with a real autonomy. But in Naples, the Studio arose for the will of the sovereign with readers appointed and salaried by him, and with complete dependence on the State. The Studio is a state school of the same kind, and is kept alive both to feed the Culture, both to get that number of doctors and lawyers that is needed in the country. (Nino Cortese, The Spanish Age, in "History of the University of Naples" - Anastatic reprint, Il Mulino 1993). The reader of the Medieval University was, except for a few exceptions to Naples, an independent professional of knowledge, inserted into an autonomous corporation and solidarity with his colleagues (see M. Roggero: History of Italy, Annals 4, p.1039 -1081, Einaudi 1981). In the second half of the sixteenth century, following the schism from the development of Protestantism, the Catholic Church, after the work of the Council of Trent (1545-1563), reorganized in a capillary and rigorous manner control over many aspects of philosophical and literary culture. It resulted from a general crisis of intellectual and power relations, involving the university corporation of Italian universities. Crisis that was destined to drag on for a long time without solutions, because it was also linked to the reduction in the financial availability of universities, as the real revenue of royalties tied to teaching by authorities and benefactors had diminished. For example, in Bologna in 1668, the Senate, who could no longer cope with wages with old Gabella's old income, suspended new appointments (of teachers), reducing the number of readers by more than a third. Only during the eighteenth century there would have been a fundamental change in a thousand difficulties. From the disintegration of traditional reference frameworks, with renewed fortune, forms of private teaching emerged. One of the most frequent cases was the knotting of a privileged relationship between the young university and a professor who led him through the studies ..... The process involving university institutions, accentuating the importance of degrees with respect to teaching , contributed to altering the internal power relations in favor of the professional colleges, which controlled the conferral of degrees. The composition of colleges ranged from university to university. Sometimes they coincided, as in Pisa, with the faculty; Otherwise, as in Naples, they were professional bodies completely independent of the Studio (see M. Roggero, cited above). It is thus understood that, as far as the seventeenth and eighth centuries are concerned, the notion of University Study has considerable vagueness. If any such institute is capable of denigrating, the range of these is wide and differentiated; Besides the studies in their own sense, of communal or noble origin, with intermittent activity and
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little studied, they were enabled to teach (in philosophy and sometimes in law) several Jesuit colleges, while medical degrees were assigned by bodies such as Doctoral Colleges and Protomedicals, at the end of special professional courses set up at local level, or simple private studios (Ugo Baldini: Scientific Activity in the Eighteenth Century, History of Italy - Annals 3, p.465-545, Einaudi 1981). Only towards the second half of the eighteenth century the attributes of high professionalism would have characterized the professor of a renewed university, as an official at the service of the State, and the University would have come to an organization and an order comparable to those we know today, The reforms begun at the University of Turin in the 1920s (18th century) and even more so with the one promoted by Maria Teresa d'Austria at the University of Pavia, which foresight of political project and the dullness of cultural renewal .... Would have surpassed each other (vM Roggero, cited above). To have an idea, albeit partial, what it meant, at least in Naples, the University of Studies in the early decades of the eighteenth century, it is worth what Michelangelo Schipa wrote in his contribution to the volume, already cited, "History of the University Of Naples ": The tenth century. So Schipa writes: Neither students, nor professors were called then; But schoolchilds ... the readers, the readers, because in one half of the lesson we read text, theology, law, medicine; For the other half it was explained or commented. ..... For various reasons the university school was not large. There was no aristocratic element at all, because the noble families looked good to send their children to that "all kinds of turbulence" as the school school was considered and designated. The bourgeois youth of the provinces did not come in much to save on spending and for other reasons. The university was preparing for the degree, but it did not confer the degree ............... Those academic degrees were conferred in the colleges, theological, legal, medical, by the members of the colleges. It is true that in order to be admitted to the exam in the Collegiums it was necessary to display the enrollment and attendance certificates for many years of the course required by the various PhDs. But that obligation imposed by the pragmatics, in Naples no longer valid than Milan's cries of Manzon's memory, was easily evaded. At the head of the university was a prefect, and it was by law the prefect of the university the chief chaplain pro tempore. Who, engaged in many other affairs, delegated with a few ducats a year a Rector << to attend all day at Studio >>; And to help the Rector nominated a Vicerector among the school-leavers with formalities. At that moment, the mastrodati for chaplain was about to release the enrollment and frequency bands at a time to the young man who asked for it, swearing and paying the tax: a tax fixed by law, but grew up in time for
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the arbitration of past mastrings.And the tax was what most importantly mattered; Money was paid, the mastrodati noted the name in his register, and handed over the document, without worrying if the applicant was the person concerned ... In this way he could stay in the homeland and be a student of the capital. The Neapolitan University finally ... was not made to attract young people in vogue to learn in the crowd. .... And the discipline? Keeping her was to guard not only the Rector and the Viceroy School, but according to the prams also a captain of guard justice with her beers in the university lobby ..... The prammatics prescribing the readers the duration of the lessons, but, for a variety of reasons, readers remained as little as possible ... Like the name of the Vico, some of the few high and good fame in various fields of the scibile were among the thirty teachers of those years. Only seven at the esteem of students ......... In the faculty of medicine two famous professionals, Luca Tozzi doctor and Luca Antonio Porzio surgeon, rushed to the city and left to make lessons from substitutes .... ... Among the theologians, many ... planted the chair for two months of the year to go to the quaresimalists in the provinces ..... the rest was ballast of mediocre and inept, listened to by some rare school. Competition and grace were the doors to which unfortunate or disgruntled readers were knocking over to switch from one chair to another, not so much because of reason or conscience of greater competence than to gain greater earnings. Because of the many diversity of titles, dignity and rights, the enormous disproportion of salaries was the most burning. Sources for research: Sources for research: volume "THE ENGINEERING SCHOOL IN NAPLES 1811-1967" (edited by Giuseppe Russo, published on the occasion of the transfer of the Faculty of Engineering from Mezzocannone to the new buildings of Fuorigrotta) - extracted historical information and documents. Publication rapporteur and Research Coordinator: Prof. Lelio Della Pietra (Mechanics Applied to Machines, Federico II, Engineering, Naples).
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H Research Edition. ISSN 2532-5612. Publication 2017-18,01 Division edition Group HTNET www.htnetEdition.eu
Free Will of a Bank?
Legal monopoly, competitive. Free will of a bank to disburse or refuse to provide financial services to the consumer? Trade code. In the publication of 17-05-2017 (Economic Fraud - Financial Services), the author highlighted the economic dole with deception caused by the denial of financial services demanded by the consumer to the banks. This article will look for the legal logic that would allow a bank free will to decide whether to provide or deny services to the applicant consumer. The issue is more generic than the rules that define the logic of financial services (they alone are not sufficient for a technical analysis on the above-written question). The trade code states that a trader whose business category is subject to a concession or an administrative authorization, therefore the right to exercise the business has a limit that the state removes with an administrative or concessional authorization is bound by the Logic of legal monopoly. Definition of monopoly and legal monopoly: monopoly is a form of market in which, unlike in competition, only one economic operator (seller) offers good to the community. The company operating in such conditions therefore dominates the market in relation to the good it produces. There is also a legal dimonopoly when the production of certain goods or services is carried out by the State or other public entity or by a private entrepreneur who has obtained an ad hoc concession or administrative authorization. Ad hoc: that it has initiated an administrative decision of a party for the granting of an administrative authorization. Nothing changes, that is, who exercises an undertaking under statutory monopoly or a lawful monopoly of competition is obliged to bargain with anyone claiming the services that are the subject of the undertaking, they observe equal treatment. Some examples: the professional with professional qualification (engineers, architects, accountants, notaries, banks), grocery
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stores, pharmacies, operators communications services. It is interesting to note that a professional, engineer, physician, architect, accountant is a worker with specific state-owned professional requirements through an instructive course. In this publication, the author is concerned with the obligation to bargain (and therefore dispense) the services or products the trader has with the requesting consumer, an obligation always assuming a reasonable dynamics (the consumer wants to pay, the consumer does not show that he has Money laundering, money laundering or other offenses). It should be noted that a trader who claims to sell products and services in the event of a refusal of supply to the consumer even though he is not obliged (who does not belong to the legal monopoly) is likely to commit any illicit misleading behavior; in the case of trade by means of contracts (eg agencies), the trader as the consumer has the legal right not to conclude the contract and hence it is unjustifiable to be unlawful in the event of negation by the merchant entrepreneur, the seller. Using the legal logic and the legal definition of the legal monopoly, it is possible to define the obligation that a banking intermediary has to provide financial services requested by the consumer both for the contract and for the individual payment or money exchange transactions; Obligation unchanged even under competitive legal monopoly. In cases of bank denial, both administrative and criminal misdemeanors can be configured. Defined the legal obligation of the bank to provide financial services to the consumer, if bank activity is visibly qualifiable to the consumer's eyes as a bank (marketing for consumer), in the event of a denial of services the consumer's economic loss, even a few money, it is the subject of fraud where the actor is the banker and obviously the victim who asks for criminal action judicial is the consumer. An interesting dominant logic for the topics covered in this publication and with reference to the publication of 01-04-2017 (Electronic Currency, Financial Services - Legislative Framework) is to analyze the obligation of the banker through the The Constitution of a Nation, in fact : If the State obliges a company to use banking services, if the consumer, the companies have the right to have legal interest only through banking services, how can the Constitution of a Nation be enforced by the obligation imposed by Is it at the same time not guaranteeing the delivery of services to consumers, to companies? If a bank for legal logic could refuse to provide financial services for which the citizen is obliged to use in financial transactions (payment
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transactions, legal interest gains, ...), then all banks could take advantage of the legal logic that allows the not refusal to provide financial services, therefore the obligation of the state could not be proposed for the same constitution of the state, towards the citizen. In conclusion, the Code of Business Law excludes the free will for a bank to decide on the provision of financial services, it is obliged by the State and through the statutory disbursement, under the legality of the applicant. ATTACHMENTS: Commerce and Trade - Monopolies and combinations in restraint of trade - copy | Web site recommended: Legal Information Institute - Open access to law since 1992 |
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ABSTRACT. For the magazine H 2017-18 we have been researching the birth of university studies in the Kingdom of Naples with a look at what happened in the same period through the Italian and European centers. We have focused our attention on the prescription of criminal and administrative offenses, the debt prescription, the causes of interruption and suspension of the prescription, and the dynamics that determine the time limits. The publications of the magazine H 2017-18 also refer to the Corporate Groups on the rules that determine the dynamics of branch-sharing among companies in Italy, with a look at international law; With our research we have made reference to the definition of the governmental body and the Institute of administrative offense, the administrative responsibility of the body governmental, and finally we did refer to the measures taken to prevent money laundering at European level with reference to magazine H 2016-17, to publications on financial services. For the research we have referred to the quotations below.
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BIBLIOGRAPHY
Publication 2017-18,05 Sources for research: Naples State Archive University Library Federico II of Naples, documents and texts from the 17th to the 20th centuries Texts from the 17th to the 20th centuries of the Universities of the City of Rome, City of Florence, City of Turin, City of Paris Sources for research: Sources for research: volume "THE ENGINEERING SCHOOL IN NAPLES 1811-1967" (edited by Giuseppe Russo, published on the occasion of the transfer of the Faculty of Engineering from Mezzocannone to the new buildings of Fuorigrotta) - extracted historical information and documents. Publication rapporteur and Research Coordinator: Prof. Lelio Della Pietra (Mechanics Applied to Machines, Federico II, Engineering, Naples).
Publication 2017-18,04 United Kingdom, Companies Act 2006, Chapter 46, part 38, section 1162 – copy. “Companies Act 2006. 2006 CHAPTER 46. An Act to reform company law and restate the greater part of the enactments relating to companies; to make other provision relating to companies and other forms of business organisation; to make provision about directors' disqualification, business names, auditors and actuaries; to amend Part 9 of the Enterprise Act 2002; and for connected purposes. [8th November 2006] BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: ..........” United Kingdom, Companies Act 2006, Chapter 46. “Companies Act 2006. 2006 CHAPTER 46. PART 38. COMPANIES: INTERPRETATION. Meaning
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of “undertaking” and related expressions 1162 Parent and subsidiary undertakings (1) This section (together with Schedule 7) defines “parent undertaking” and “subsidiary undertaking” for the purposes of the Companies Acts. (2) An undertaking is a parent undertaking in relation to another undertaking, a subsidiary undertaking, if— (a) it holds a majority of the voting rights in the undertaking, or (b) it is a member of the undertaking and has the right to appoint or remove a majority of its board of directors, or (c) it has the right to exercise a dominant influence over the undertaking— (i) by virtue of provisions contained in the undertaking's articles, or (ii) by virtue of a control contract, or (d) it is a member of the undertaking and controls alone, pursuant to an agreement with other shareholders or members, a majority of the voting rights in the undertaking. (3) For the purposes of subsection (2) an undertaking shall be treated as a member of another undertaking— (a) if any of its subsidiary undertakings is a member of that undertaking, or (b) if any shares in that other undertaking are held by a person acting on behalf of the undertaking or any of its subsidiary undertakings. (4) An undertaking is also a parent undertaking in relation to another undertaking, a subsidiary undertaking, if— (a) it has the power to exercise, or actually exercises, dominant influence or control over it, or (b) it and the subsidiary undertaking are managed on a unified basis.
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(5) A parent undertaking shall be treated as the parent undertaking of undertakings in relation to which any of its subsidiary undertakings are, or are to be treated as, parent undertakings; and references to its subsidiary undertakings shall be construed accordingly. (6) Schedule 7 contains provisions explaining expressions used in this section and otherwise supplementing this section. (7) In this section and that Schedule references to shares, in relation to an undertaking, are to allotted shares.”
Minnesota Statutes, 302A.621 MERGER OF SUBSIDIARY - authentic copy. “Subdivision 1. When authorized; contents of plan. If either the parent or the subsidiary is a domestic corporation, a parent that is a domestic or foreign corporation or limited liability company owning at least 90 percent of the outstanding shares of each class and series of a subsidiary that is a domestic or foreign corporation or limited liability company directly, ........... - Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved. ” Minnesota Statutes, 302A.626 MERGER TO EFFECT A HOLDING COMPANY REORGANIZATION - authentic copy. “Subdivision 1. Definitions. (a) For purposes of this section, the terms defined in this subdivision have the meanings given them. (b) "Holding company" means the corporation that is or becomes the direct parent of the surviving corporation of a merger accomplished under this section. (c) "Parent constituent corporation” meansthe parent corporation that merges with or into the subsidiary constituent corporation. (d) "Subsidiary constituent corporation" means the subsidiary corporation that the parent constituent corporation merges with or into in the merger. ……….. - Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.” Minnesota Statutes, 302A.631 ABANDONMENT - authentic copy. “Subdivision 1. By shareholders or plan. After a plan of merger or exchange has been approved by the shareholders entitled to vote on the approval of the plan as provided in section 302A.613, and before the effective date of the plan, it may be abandoned: (a) if (i) the shareholders of each of the constituent corporations entitled to vote on the approval of the plan as provided in section 302A.613 have approved the abandonment at a meeting
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by the affirmative vote of the holders of a majority of the voting power of the shares entitled to vote; (ii) the merger or exchange is with a domestic or foreign limited liability company, if abandonment is approved in such manner as may be required by the laws of the state under which the limited liability company is organized; and (iii) the shareholders of a constituent corporation are not entitled to vote on the approval of the plan under section 302A.613, the board of directors of the constituent corporation has approved the abandonment by the affirmative vote of a majority of the directors present; ........... - Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.” Minnesota Statutes, 302A.105 INCORPORATORS - authentic copy. “One or more natural persons of at least 18 years of age may act as incorporators of a corporation by filing with the secretary of state articles of incorporation for the corporation. - Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.” Minnesota Statutes, 302A.111 ARTICLES - authentic copy. “Subdivision 1. Required provisions. The articles of incorporation shall contain: (a) the name of the corporation; (b) the address of the registered office of the corporation and the name of its registered agent, if any, at that address; (c) the aggregate number of shares that the corporation has authority to issue; and (d) the name and address of each incorporator. ………… - Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.” Minnesota Statute 302A.115 CORPORATE NAME - authentic copy. “Subdivision 1. Requirements; prohibitions. The corporate name: (a) Shall be in the English language or in any other language expressed in English letters or characters; (b) Shall contain the word "corporation," "incorporated," or "limited," or shall contain an abbreviation of one or more of these words, or the word "company" or the abbreviation "Co." if that word or abbreviation is not immediately preceded by the word "and" or the character "&"; (c) Shall not contain a word or phrase that indicates or implies that it is incorporated for a purpose other than a legal business purpose; (d) Shall be distinguishable upon the records in the Office of the Secretary of State from the name of each domestic corporation, limited partnership, limited liability partnership, and limited liability company, whether profit or nonprofit, and each foreign corporation, limited partnership, limited liability partnership, and limited liability company on file, authorized or registered to do business in this state at the
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time of filing, whether profit or nonprofit, and each name the right to which is, at the time of incorporation, reserved as provided for in sections 5.35, 302A.117, 321.0109, 322B.125, 322C.0109, or 333.001 to 333.54, unless there is filed with the articles one of the following: ................ - Copyright © 2016 by the Revisor of Statutes, State of Minnesota. All Rights Reserved.”
Publication 2017-18,03 – publication 2017-18,02 Sources for research: Naples State Archive University Library Federico II of Naples, documents and texts from the 17th to the 20th centuries Texts from the 17th to the 20th centuries of the Universities of the City of Rome, City of Florence, City of Turin, City of Paris Sources for research: Sources for research: volume "THE ENGINEERING SCHOOL IN NAPLES 1811-1967" (edited by Giuseppe Russo, published on the occasion of the transfer of the Faculty of Engineering from Mezzocannone to the new buildings of Fuorigrotta) - extracted historical information and documents. Publication rapporteur and Research Coordinator: Prof. Lelio Della Pietra (Mechanics Applied to Machines, Federico II, Engineering, Naples).
Publication 2017-18,01 Commerce and Trade - Monopolies and combinations in restraint of trade. “US Code. (Unofficial compilation from the Legal Information Institute). TITLE 15 - COMMERCE AND TRADE. CHAPTER 1—MONOPOLIES AND COMBINATIONS IN RESTRAINT OF TRADE. Please Note: This compilation of the US Code, current as of Jan. 4, 2012 , has been prepared by the Legal Information Institute using data from the U.S. House of Representatives, Office of the Law Revision Counsel. It is not an official U.S. government publication. For more details please see:
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http://www.law.cornell.edu/uscode/uscprint.html. Notes on this document: The content in this document is taken directly from the US Code, with the following exceptions: page headers and footers, page numbering, and all formatting are artifacts of this presentation. Divider lines have been inserted between sections. The notes are set off by a vertical line and a larger left margin. The table of contents immediately following this title page is machinegenerated from the headings in this portion of the Code. Commonly available fonts are used. The Legal Information Institute promotes worldwide, free public access to law via the Internet. Founded in 1992, the LII created the first legal information website. It continues to be a pre-eminent "law-not-com" publisher of legal information and an important outreach activity of the Cornell Law School.â&#x20AC;?