In3activa.org
Version 1 - revision 5
[ 040102 ] [ 040228 ] No more obligation of using the same license before being able to exhibit on Internet the versions of a work protected by the GLT. This does not affect the exploitation of translatable works, nor even the Convention, insofar as the license applies to work in general, rather than with a particular version. On the other hand, this makes it possible to rectify the philosophical inconsistency that comes, first, from the recognition that the participants' rights of version are equal, and in addition, from the obligation to use the GLT for the versions exhibited of the work. In the case of a translatable work, the author's will cannot go beyond the compulsory exhibition on Internet of the version of work. In the precise case of the Convention, the role of the GLT is to establish on Internet the retrospective framework in which the agreement will be celebrated, and it is the personal compromise of an accordant execution what will make it possible to exploit the Convention out of Internet. However, except this personal commitment, nothing prevents that a version is exhibited on Internet with a different license from CITI [ NdT:040201 ]
[ 040107 ] Common clauses of GAgreement: New Article 93Authorization of data processing by Approved Entities. Article 21,5: the District Entity holds the Registry of registered participants for a maximum time of 4 years. Article 6,7: Clause on data-processing and the access rights to the data of the Certificate of execution
[040112] Article 29- Improved drafting.
[040112] Article 95 Deduction on nominal incomes. Clarification and adjustment of the deduction system. As a rule, the Contractor always chooses the Management Entity. The clarification is in the innovation that the Contractor can require the prepayment (Pa), and the Payer can choose the separate invoicing (FS). This modification is introduced after the preliminary works on Transaction Tickets
[040115] Article 27 Adoption of the expression "voters", instead of "[registered members|participants] with electoral rights".
[040115] Article 21,2 - a District Entity whose territory is lesser than that of the State of residence is not accepted. This also makes it possible to consolidate the reference to the international nomenclature of the States. This reference to the international nomenclatures and standards is the only relation (verbal, conventional) maintained by the Convention, because of its presence on Internet. With this, the debate is from now closed about the possibility of defining District Entities according to the language used. This premise contradicts the subordination rule and it is empirically inapplicable with the Registry of registered participants. We notice on the other hand that it is possible to admit the recording of the same individual, citizen of two States, in two districts. We will let the History to say which use it will make of the rules of subordination/individuation
[ 040115 ] Substitution of the term "rate" by commission. Article 86,2 indicating: "Operation fees are
withdrawn of the amount to which they apply". They are commissions(. Note: some amounts were indeed added, until the revision2. Added rates and deducted commissions raise the same technical or countable questions. The rev.3 had unified the criterion, but had preserved the incorrect terminology.
[040117] Chapter V and Article 92Time of compulsory permanence. Explanation about the continuity of the nominal deposit. During one year, as from the date of signature of the last agreement (or last "ticket" confirmation), a participant will not be able to carry out a separation procedure, without requiring the authorization of the other part. This obligation of continuity determines in turn the refusal to admit requests for arbitration for contracts older than one year.
[ 040127 ] Work on the introduction. Adoption of the designation of District Entity to replace that of District Entities.
[ 040127 ] Modified the text of the Certificate of execution, signed by the District Entity with the Holder's authorization (Donimus)
[040127] Article 20 Compatibility regime between Territorial/Management Entities. The Convention only defines as irreversible the adoption of the incompatibility rule by a District Entity.
[040127] Constants: Article 110 - The initial price of the E.C. is the approximate value of the Bible (edition TOB) or Coran (2 books of the sourates) (according to amazón.fr)
[ 040207 ] Declaration of conformity: added the formula "The nature and the value of what is agreed ". In other words, the contracts that declare a value are only allowed. It should however be noted that the Convention establishes limits with the compensations according to the CAPG for the parts. The interpretation that the mediator can make of the amount or the object of the contract will depend on approved decisions, or the use.
[040219] Article 13.2 and Article 21.3: de/termination of the question about the admission of private individuals. There is a conceptual difficulty here, namely that the rights of the individual are subordinated to those of citizenship, or at least, to those into force in the Country of residence. It is for this reason (and such a characteristic also defines retrospective Internet), that the rules of inscription to the General Registry are the same ones for the individuals and the companies, whereas they can be different in the case from a District Entity. In other words: for the General Registry, which evolves in the universe of the States and International Trading Laws, an individual is a particular alternative of commercial entity, and all are identified by the same criterion (the Tax Identification). On the other hand, within her Country, a person also profits from civil laws, which mark the limits between a citizen (who vote) and a company (which cannot vote). The subtlety of all this clears up once that one understood that the G.R. has the obligation to admit companies, but cannot refuse the inscription of private individuals, whereas one DE has the obligation to admit private individuals, but cannot refuse the inscription of legal companies. Except for voters (according to the certificate of license) the text the Convention does not make (or should not make) a difference between some kinds of registered participants, either physical people or legal entities. On the other hand, it is significant to understand that this difference will be introduced by the
subordination rule. This rule obliges the G.R. to differentiate between "verified" participants (whose Tax Id. is verifiable) from those that are not verified - who will then operate only with interlocutors of the same Country. It is also based on an argument of this nature (by legal, tax or even strategy concerns), that one DE can introduce differences between its own participants. (Note: all that precedes does not contradict the individuation rule, for obtaining electoral rights.)
[040228] Rewriting of Article 13 and Article 15 (Title II) - Trusteeship Administration. Mention of an internal regulation. For its development, the will of the Trustees (their legitimacy as authors) merges with the civil rules of procedure (their subjection as authors). The major question, which is not visible in the Convention, it is that the TA functions truly like an embryo (exactly: a "retrospective ") of approved Entity. It is not, and cannot be incorporated, and this introduces some restrictions when compared with a DE or a ME. But the TA has the same capacity than an Approved Entity, in its Country. In particular, a DE or a ME approved by procedure, can indeed celebrate an internal associative vote with their own associates only, within the limits of the censal funds that they manage locally. Consequently, in the vote of authorization of a EA, it is necessary to examine two aspects: its united acceptance of the decisions which will be approved during international procedures, and its internal regulation, which will make it possible to know if it limits, or not, the right to approve local budgets based on the censal funds. The question remains open to know if it is obliged to include the associative vote in the case of local procedures.
[040228] Article 95,2. If there is no ME,
the deduction is entered and computed by the DE as an exploitation fund. This solution solves the anomaly caused by the introduction of an exemption if the contractor person receiving benefits refuses to choose a ME non-resident in his own country. An "exemption" would introduce an inconsistency within a voluntary framework like the Convention. Actually, the solution was envisaged (not developed) while making it possible the TA/DE to manage exploitation funds (non nominal funds). From the participant's point of view: the payment is not done on a nominal deposit account, but on the exploitation funds of DE. From the point of view of DE: the deduction is not a reserved resource (for example, in the case of the TA, it is not considered as an exploitation revenue of the Convention, and we do not apply Article 88). In the financial report, these amounts are added to the Censal Funds. Censal consequences: the insurance/voting capital grows equally for everyone, and not only for those who pay the deduction (this starts an interesting debate about equality/inequality). Economic consequences: these sums are not recoverable by the participants in case of separation (Article 29,8). Political consequences: on the assumption that nobody owns a nominal capital and consequently, the voting capital is equal to ZERO (what corresponds to the situation in the first beginning), an associative poll works like a simple democratic poll, where the totality of the exploitation funds must cover the budget. This is significant: if the N/D is ZERO, then the V/C is ZERO (rather than not the result of the division of Exploitation Funds: by the number of voters, which would oblige to add the sum with the favorable ballots). In short, the starting situation where the TA is still the only entity to which it is possible to transfer the deduction, it is not any more an exception from the rule (an "exemption "), rather it becomes the concrete application of the general case (a voluntary contribution to the exploitation funds of the DE).
[040229] Article 23,6: Movements of censal capitals, when the economic model directly determines them, are free and not subjected to commission. Really, the closest expression of a ME is a bank. It will probably be necessary to approve a regulation on approved investment rule for ME (fixed commitment, conservative models)
[040310] Article 34 Rule of vote reduction. The drafting becomes "Rule of exclusion of candidates ", which is more exact. Article 62 Harmonization of the general rule used to convene elections. 5 signatures of voters are necessary to be candidates (individuation rule applied to the signatures). As long as the number of candidates remains below the representation factor, Donimus will choose the candidates who present themselves, with no need to organize an electoral procedure. Elections are convened when the R/F is reached. The rule of vote reduction applies, then the excluded candidates are selected, and finally, the other candidates, by order of presentation.
[040313] Article 12: Adoption of the initials "TAH". By rule, the TAH is not accountable, he does not govern anything and does not represent anybody. The word Holder is cleaner, because it shows that the TAH is only the holder of the exploitation rights of the Convention.
[040313][040327] Article 13/Article 88: The DE will fix the conditions of the Certificate of execution in price, extension and duration. Price, according to decision of the voters in the District Entity. Extension, which necessarily coincides with the district of the District Entity (a C/E does not allow voting in another District Entity, obviously). Duration, lesser or equal to that established for the TA. Moreover, the sharing rule is confirmed, according to which the DE receives the exploitation percentage
[ 040313 ] Chap 8: arbitration. Decision to close an arbitration procedure after two consecutive refusals. After 2 votes, it is manifest that the problem arising will not be solved, neither by way of procedure, nor by way of business court. It is a firm decision that terminates the litigation. This reinforces the obligation to find acceptable solutions. The designated Mandatary can make opposition to any arbitration during one year starting from the accepted decision.
[040321] Article 6 and Article 27: Electoral rights. The certificate is issued for one year, for the home Country, in accordance with the Law. Explanation and reaffirmation of the rule according to which the Voter can vote in the local procedures of an Entity, and even in another Country if the vote is exhibited on Internet. But the entities can introduce restrictions: for example, the obligation to have a balance on the nominal account. The debate and the approval procedure MUST clearly establish the position of the Entity, concerning the participation of voters during its own local procedures.
[040321] [040327] Article 42 vote in the Council, Article 54 Exhibition of the Convention Title III - References of procedure. The voting rule is not the same one for a Council Decision, and an ordinary procedure. A Trustee who votes with the Council has as many voice as legitimate versions. The votes obtained for several exhibited versions are not added. The majority rules are now called Majority and voting rules, which turns this NT significant
[040525] Article 62: are envisaged the united candidatures. But the electoral mechanism of the Convention does not contemplate the discipline of vote.
[ 040531 ] [ 040131 ] Observation on the 4 years limit of the archives of DE (cf. legal obligation of conservation of the archives), and the continuity of 1 year of Insurance Capital. [Article 96 and Article 78]: The prescription time to convene an arbitration coincides with that of the conservation of the files by AND. Given the question to know if an operation, not declared before a DE, can be added to an arbitration procedure, the answer is no, because the clause of source deduction is compulsory.
[ 040609 ] GLT: the
Internet© visibility declaration replaces the intuitive/computing definition of Internet as an inter-connected network, and the intellectual property declarations of this document are updated. Internet is an exhibition site, allowing to perform the right of version, but which prohibits the reproduction. This makes it possible to round off the conceptual architecture of the Convention.
[040711] Article 68,4 and Article 10,2: Late correction of the allusion to the division of budgetary charge according to the nominal/exploitation funds. Budgets approved (by restricted or associative vote) always affect the totality of the censal funds. The erroneous writing mentioned that a restricted vote would only affect the exploitation funds. This idea was rejected as soon as formulated, because it destroyed the general consistency of the system. The election of mediators legitimizes the approval of budgets financed on the undivided totality of censal funds. By the way, we clarify this point inArticle 10.2.
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