Business Strategy Essay Example

Business Strategy Essay Example Business Strategy Essay Business Strategy Essay He has an MBA in Marketing Management from the University of Western Sydney and he has an MA in Knowledge Management from the University of Technology, Sydney. His research focuses on Power, Control and Influence in inter-firm relationships, as well as strategy and organizational theory more generally. Catalogue entry This is an integrating module. The module discusses key concepts of strategy and provides a range of analytical models that enable students to make sense of the complexity of the environment in which organizations operate. It builds upon students prior knowledge of the functional areas of organizations and relates such knowledge to issues of strategic development. Aims This module aims to: Inform students of the key developments in, and thinking derived from, the study of strategy Explore models and theories of strategy and their application by practicing managers Critically appraise where and when such models are useful Provide interesting and engaging examples and exercises that illustrate these concepts with the intent of building students capability in strategic thinking and practice. Learning outcomes Knowledge On completion of this module the successful student will be able to demonstrate the ability to: 1. Critically analyses the concepts, theoretical ideas and empirical research endings which underpin the study and management practice of strategy; 2. Evaluate and apply these concepts, theoretical ideas and empirical findings to develop their own views on strategic decision making in organizations; 3. Explain the notion of sustainable competitive advantage and the implications of strategy-making within a dynamic environment; 4. Demonstrate an advanced understanding of international strategic management 5. Demonstrate an advanced understanding of the complexity in implementing and managing change. Skills This module Will call for the successful student to demonstrate: 6. Strategic thinking through reflection on organizational practice and applied work on case studies; 7. The ability to apply concepts, frameworks and techniques pertaining to the strategic analysis process; 8. The ability to generate strategy options for an enterprise and evaluate strategic choice and organizational fit. Syllabus 1. What is Strategy? An appreciation of strategy 2. Making a Start. Purpose, goals and where to start in a messy process 3. External Analysis: PESTLE and Future Thinking Industry lifestyle, competitiveness and profitability 4. 5. 6. 7. 8. 9. SIBS Strategy: From a market/customer perspective Internal Audit: Resources and capabilities Generic strategies and value chain analysis Organizational Culture: Influence on strategy formulation and implementation Managing strategic change Making Strategy Happen: Measuring performance International Strategy 10. Putting it all together Programmer Learning Outcomes Addressed in This Module Knowledge and understanding Cognitive skills Practical skills AY The core business of firms and its relationship to strategic management 82 Apply and critically evaluate the impact Of management models, concepts and theories in organizational environments CO Undertake research to address strategic and other management issues within organizations AS The theory and practice of business in international contexts 83 Evaluate options using appropriate decision-making criteria including the use of financial tools. CO Conduct strategic organizational analysis to identify key strategic problems and develop solutions AY The role of entrepreneurship, enterprise and consultancy in the business environment 86 Analyses and develop diverse investigative methodologies to apply to solve organizational management problems CO Undertake critical analyses to develop, plan and recommend implementation of strategic decisions. Teaching and learning strategies Learning on this module will involve a mix of the following activities: Reading from the set text Reading recommended additional readings and papers Case study analysis Applying your own experience and knowledge to theories and concepts Group activities Watching selected video clips and presentations Completing assignments The learning strategy will develop the capability of students to understand theoretical frameworks and apply them to the industry to develop a deeper understanding of its operation. Concepts will be developed in a generic intent and then applied to industry, in combination with knowledge gained in other modules. It is important to stress that the module will provide broad frameworks for understanding ; comprehensive coverage is neither intended nor appropriate at this level. Assessment of Module Learning Outcomes Outcome Coursework 1 Coursework 2 Online Participation x 2 3 4 5 6 7 8 Assessment scheme coursework 1: case study (40%) RED sometimes referred to as (Product) RED, was created in 2006 as a form Of creative capitalism: an organization that collaborates with some of the worlds best known corporate brands but for a charitable purpose. RED) is global organization that administers and promotes an umbrella brand ((RED) that member corporations may use for their products and then pay back into the Global Fund to fight Aids, tuberculosis and malaria in Africa. Now read the case study about (product) RED, a global organization set up for a charitable purpose, found on page 152-154 of the core text Johnson G. , Schools K. Whetting, R. , 2011, Exploring Strategy, Text Cases, FT Prentice Hall, 9th edition (also available online in Unit 2). After this reflect on the following questions about the case, and write your answers in a short port (using the template below). You should feel free to discuss the questions in your syndicate, but the work you submit must be your own individual work! If the work resembles too much that of your colleagues it will be deemed to be plagiarisms). 1 . Drawing on the three perspectives in the Key Debate or the four stances in Table 4. 2 (4. 4 for the 8th edition) of the core reference text, what is the rationale of: a) The founders of (product) RED? B) The Director of Social Responsibility for GAP? C) The author Of the article in The Times? 2. What views might shareholders of GAP have on (product) RED? . In your view is (product) RED an appropriate corporate activity? 4. How can (product) RED contribute to the competitive advantage of a firm? You should submit your work online by Sunday 10th November 2013. Please ensure that the total word count is no more than 2500 words. You will not be penalized if the word count is less quality matters more than quantity. You will be penalized though if your work is substantially bigger than 2500 words. Coursework 2: Integrating Planning Approaches (50%) The deadline by which the assessment must be presented to the University is Sunday 8th December 2013. This task is about demonstrating your understanding of the models we have discussed over the last weeks and, exploring uncertainty further. We ask you to do the following: 1. Define your (chosen) industry (be sure to identify your specific industry segment within this broadly defined industry). 2. Conduct a PESTLE analysis of your (chosen) industry, using this to identify the key drivers for change over the next 5-10 years. 3. Use an impact-uncertainty matrix to identify two critical uncertainties, and use these in turn to identify four scenarios (as in the ex. diagram found in Illustration 2, p. 3 in Johnson, Schools Whetting (2011) or the ex. diagram found in Illustration 2, p. 58 in Johnson, Schools Whetting (2008)). . Answer the question: What strategic issues do these scenarios raise for your (chosen) company or organization? DO this by conducting a 5 forces analysis of your (chosen) industry today, and predicting how each of the five forces would be influenced in your 4 scenarios. Then comment on strategic issues for your (chosen) company. The assessment is asking you to bring the three types of analyses (PESTLE Scenarios, 5 forces) together such that you analyses the effects of your chosen scenarios on your (chosen) organization, using the five forces model. You will need to ask yourself questions like: Will any changes in regulations affect entry barriers (as deregulation has in the short haul airline business) for example? What impact might the economic environment have on buyer or supplier power? What strategic issues are raised for your (chosen) business? To ensure maximum marks it is important that you argue your choices, backing these up with clear data or other sources. We would like to see evidence of research on the subject going beyond what you simply know. The word limit is 2,500 words, and any word count more than 10% above this will result in lower marks. Appendices are allowed as extra words [for diagrams and illustrations]. Mark allocation [1 Choice of drivers for change (including quality of research behind this) 20% [2] Impact/uncertainty matrix and correct identification of 4 scenarios 20% [3] Five forces model today completed correctly [4] Five forces model changes under 4 scenarios [5] Consideration of issues for your chosen company and future strategy 20% Virtual Learning Environment Participation (10%) Participation in online discussions and activities is mandatory. Participation will be assessed at the end of the module. Plagiarism Plagiarism is not accepted in any coursework. If you are uncertain as to what constitutes plagiarism, please refer to the Middlesex University plagiarism policy (usually available on Minibus) as well as the guidelines on the Library Services web pages: http://nubbin. Mad. AC. UK/study/library/index. Asps Communication and Contact Information Announcements regarding this module will normally be made by email and online announcement on Minibus. Please ensure that you regularly read your university e-mail and are thus kept informed of any changes / placements. Staff Contact The module leader is Dry. Stephan Bijoux who is available to deal with any queries regarding the teaching and assessment of this module. However, most queries can be dealt with by the tutors in the syndicate area. If you wish to contact the module leader or your tutors please use one of the following methods: a) Send an email to your tutor or the module leader. B) Phone your module tutor or module leader. C) Post any questions you have on your syndicates discussion board, or in the general module discussion area. If you feel your question has not been deiced by the tutor, please follow up with an email.

Process Report Essay Example | Topics and Well Written Essays - 1000 words

Process Report - Essay Example In the previous sessions, Nelson displayed very little body language. However, some changes where becoming noticeable or at least I was becoming more aware of the minor changes in his ways of communication. For me, body language is a very important tool to make sense of other people’s worlds. I have been aware of this form of communication since my childhood, as the words spoken to me did not necessarily show the truth. I had to become familiar with another form of communication that did not use words, hence my interest in this mode of communication. After my intervention (T3), Nelson smiled and looked into my eyes. His body remained still, although his hands opened up and showed me both of his palms. In his slow movement and exposure of his palms, I felt a sense of vulnerability, and this is not something I feel regularly. I learned in a matter of seconds that Nelson was able to quickly move from one extreme feeling to another. After informing me of his happiness of managing to complete and present his work at university, he called himself useless (5N). I felt that a very positive beginning was turning in something else, as the mood in the air had shifted from joy to sadness; the sadness was also felt by me. This sadness I felt came from a place of compassion that I had towards Nelson. I felt his struggle to remain positive. I also wondered about our therapeutic relationship and if it was also useless in his eyes. Ernesto Spinelli (1989) and his phenomenological work came to mind when I was trying to make sense of Nelson’s way of being. I felt as though the one way that would give me an insight of his world would have been if I approached Nelson by staying with the phenomena (5T) and by not trying to force Nelson to explain the latter but to describe it. Moreover, I could have made him understand the latter in the intersubjectivity of that experience (7T). I was both surprised and interested at the intervention (9N) that the

Jane is a Department Head in a Library of a College or University Essay - 1

Jane is a Department Head in a Library of a College or University - Essay Example This paper declares that ponsibilities might include managing all activities to ensure that materials acquired by the library are accurately and consistently described and classified for effective and efficient retrieval and utilization, managing authority control for use in bibliographic records, develop and maintain policies and guidelines for all bibliographic, cataloguing, indexing and classification work, managing membership, subscription and keeping up to date with bibliographic utilities for purpose of acquisition of bibliographic records, and managing physical processing and binding of all library materials. It is evident from the information provided that when her staff is not at a full contingency problems arise, but from the concerns brought up at the meeting of department heads, it is also apparent that this is an ongoing problem, with some other issues involved. Two questions arise which much be answered. What are the specific problems, and what can be done to improve th e situation? Another very serious issue must be resolved for the long term. Is the underlying problem Jane’s supervision? What can she do to change her management skills that will affect the performance of her entire staff? An additional issue brought up at the Department Head meeting is the backlog of cataloguing and how to resolve this problem. This is not of lesser importance than the other issues, but its resolution is dependent on the solutions Jane devises. Jane should feel frustrated by now. Not only have the problems in her department raised her stress level for the day, they have been noticed by the other Departments. Now it’s time to look at the real issues. Apparently the chain of command in the Department is not clearly set. There should be someone beneath Jane, either an office manager or administrative assistant to organize the day-to-day functions of the department and answer questions.

Extinguishment of Obligation Essay Example for Free

Extinguishment of Obligation Essay SECTION 1. – Payment or Performance Art. 1232. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. (n) Art. 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. (1157) Art. 1234. If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee. (n) Art. 1235. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. (n) Art. 1236. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. (1158a) Art. 1237. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty. (1159a) Art. 1238. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor’s consent. But the payment is in any case valid as to the creditor who has accepted it. (n) Art. 1239. In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without prejudice to the provisions of Article 1427 under the Title on â€Å"Natural Obligations.† (1160a) Art. 1240. Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it. (1162a) Art. 1241. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him. Payment made to a third person shall also be valid insofar as it has redounded to the benefit of the creditor. Such benefit to the creditor need not be proved in the following cases: (1) If after the payment, the third person acquires the creditor’s rights; (2) If the creditor ratifies the payment to the third person; (3) If by the creditor’s conduct, the debtor has been led to believe that the third person had authority to receive the payment. (1163a) Art. 1242. Payment made in good faith to any person in possession of the credit shall release the debtor. (1164) Art. 1243. Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall not be valid. (1165) Art. 1244. The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee’s will. (1166a) Art. 1245. Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in money, shall be governed by the law of sales. (n) Art. 1246. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration. (1167a) Art. 1247. Unless it is otherwise stipulated, the extrajudicial expenses required by the payment shall be for the account of the debtor. With regard to judicial costs, the Rules of Court shall govern. (1168a) Art. 1248. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. Neither may the debtor be required to make partial payments. However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. (1169a) Art. 1249. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. In the meantime, the action derived from the original obligation shall be held in the abeyance. (1170) Art. 1250. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. (n) Art. 1251. Payment shall be made in the place designated in the obligation. There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be at the moment the obligation was constituted. In any other case the place of payment shall be the domicile of the debtor. If the debtor changes his domicile in bad faith or after he has incurred in delay, the additional expenses shall be borne by him. These provisions are without prejudice to venue under the Rules of Court. (1171a) SUBSECTION 1. – Application of Payments Art. 1252. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to which of them the same must be applied. Unless the parties so stipulate, or when the application of payment is made by the party for whose benefit the term has been constituted, application shall not be made as to debts which are not yet due. If the debtor accepts from the creditor a receipt in which an application of the payment is made, the former cannot complain of the same, unless there is a cause for invalidating the contract. (1172a) Art. 1253. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered. (1173) Art. 1254. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. If the debts due are of the same nature and burden, the payment shall be applied to all of them proportionately. (1174a) SUBSECTION 2. – Payment by Cession Art. 1255. The debtor may cede or assign his property to his creditors in payment of his debts. This cession, unless there is stipulation to the contrary, shall only release the debtor from responsibility for the net proceeds of the thing assigned. The agreements which, on the effect of the cession, are made between the debtor and his creditors shall be governed by special laws. (1175a) SUBSECTION 3. – Tender of Payment and Consignation Art. 1256. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due. Consignation alone shall produce the same effect in the following cases: (1) When the creditor is absent or unknown, or does not appear at the place of payment; (2) When he is incapacitated to receive the payment at the time it is due; (3) When, without just cause, he refuses to give a receipt; (4) When two or more persons claim the same right to collect; (5) When the title of the obligation has been lost. (1176a) Art. 1257. In order that the consignation of the thing due may release the obligor, it must first be announced to the persons interested in the fulfillment of the obligation. The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. (1177) Art. 1258. Consignation shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases. The consignation having been made, the interested parties shall also be notified thereof. (1178) Art. 1259. The expenses of consignation, when properly made, shall be charged against the creditor. (1178) Art. 1260. Once the consignation has been duly made, the debtor may ask the judge to order the cancellation of the obligation. Before the creditor has accepted the consignation, or before a judicial declaration that the consignation has been properly made, the debtor may withdraw the thing or the sum deposited, allowing the obligation to remain in force. (1180) Art. 1261. If, the consignation having been made, the creditor should authorize the debtor to withdraw the same, he shall lose every preference which he may have over the thing. The co-debtors, guarantors and sureties shall be released. (1181a) SECTION 2. – Loss of the Thing Due Art. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay. When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk. (1182a) Art. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. (n) Art. 1264. The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation. (n) Art. 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of article 1165. This presumption does not apply in case of earthquake, flood, storm, or other natural calamity. (1183a) Art. 1266. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. (1184a) Art. 1267. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. (n) Art. 1268. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. (1185) Art. 1269. The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss. (1186) SECTION 3. – Condonation or Remission of the Debt Art. 1270. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly. One and the other kind shall be subject to the rules which govern inofficious donations. Express condonation shall, furthermore, comply with the forms of donation. (1187) Art. 1271. The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt. (1188) Art. 1272. Whenever the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. (1189) Art. 1273. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in force. (1190) Art. 1274. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its delivery to the creditor, is found in the possession of the debtor, or of a third person who owns the thing. (1191a) SECTION 4. – Confusion or Merger of Rights Art. 1275. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. (1192a) Art. 1276. Merger which takes place in the person of the principal debtor or creditor benefits the guarantors. Confusion which takes place in the person of any of the latter does not extinguish the obligation. (1193) Art. 1277. Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor or debtor in whom the two characters concur. (1194) SECTION 5. – Compensation Art. 1278. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. (1195) Art. 1279. In order that compensation may be proper, it is necessary: (1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; (2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (3) That the two debts be due; (4) That they be liquidated and demandable; (5) That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor. (1196) Art. 1280. Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as regards what the creditor may owe the principal debtor. (1197) Art. 1281. Compensation may be total or partial. When the two debts are of the same amount, there is a total compensation. (n) Art. 1282. The parties may agree upon the compensation of debts which are not yet due. (n) Art. 1283. If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. (n) Art. 1284. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided. (n) Art. 1285. The debtor who has consented to the assignment of rights made by a creditor in favor of a third person, cannot set up against the assignee the compensation which would pertain to him against the assignor, unless the assignor was notified by the debtor at the time he gave his consent, that he reserved his right to the compensation. If the creditor communicated the cession to him but the debtor did not consent thereto, the latter may set up the compensation of debts previous to the cession, but not of subsequent ones. If the assignment is made without the knowledge of the debtor, he may set up the compensation of all credits prior to the same and also later ones until he had knowledge of the assignment. (1198a) Art. 1286. Compensation takes place by operation of law, even though the debts may be payable at different places, but there shall be an indemnity for expenses of exchange or transportation to the place of payment. (1199a) Art. 1287. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title, without prejudice to the provisions of paragraph 2 of Article 301. (1200a) Art. 1288. Neither shall there be compensation if one of the debts consists in civil liability arising from a penal offense. (n) Art. 1289. If a person should have against him several debts which are susceptible of compensation, the rules on the application of payments shall apply to the order of the compensation. (1201) Art. 1290. When all the requisites mentioned in Article 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the concurrent amount, even though the creditors and debtors are not aware of the compensation. (1202a) SECTION 6. – Novation Art. 1291. Obligations may be modified by: (1) Changing their object or principal conditions; (2) Substituting the person of the debtor; (3) Subrogating a third person in the rights of the creditor. (1203) Art. 1292. In order that an obligation may be extinguished by another which substitute the same, it is imperative that it be so declared in unequivocal terms, or that the old and the new obligations be on every point incompatible with each other. (1204) Art. 1293. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. Payment by the new debtor gives him the rights mentioned in Articles 1236 and 1237. (1205a) Art. 1294. If the substitution is without the knowledge or against the will of the debtor, the new debtor’s insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the original debtor. (n) Art. 1295. The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall not revive the action of the latter against the original obligor, except when said insolvency was already existing and of public knowledge, or known to the debtor, when the delegated his debt. (1206a) Art. 1296. When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsist only insofar as they may benefit third persons who did not give their consent. (1207) Art. 1297. If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event. (n) Art. 1298. The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor or when ratification validates acts which are voidable. (1208a) Art. 1299. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. (n) Art. 1300. Subrogation of a third person in the rights of the creditor is either legal or conventional. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect. (1209a) Art. 1301. Conventional subrogation of a third person requires the consent of the original parties and of the third person. (n) Art. 1302. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor’s knowledge; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter’s share. (1210a) Art. 1303. Subrogation transfers to the persons subrogated the credit with all the rights thereto appertaining, either against the debtor or against third person, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. (1212a) Art. 1304. A creditor, to whom partial payment has been made, may exercise his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in virtue of the partial payment of the same credit. (1213)

Vatican II :: social issues

Vatican II As I was interviewing my Grandmother, i learned just how strict and almost demanding growing up on a catholic family could be. My grandmother’s name is Margaret. She was born in 1940 and grew up in a very strong religious home. She attended a Catholic school as well as her other ten siblings. Besides going to a catholic school, her home life was also spent in strong prayers. During her late teen years, that was when the changes took place. Let’s get into detail. Vatican II was the 21st worldwide council recognized by the Roman Catholic Church, which she said became the symbol of the church's openness to the modern world. She acknowledged that the council was announced by Pope John XXIII on January 25, 1959, and held 178 meetings in the autumn of each of four successive years. The first gathering was on October 11, 1962, and the last on December 8, 1965. Of 2908 bishops and others eligible to attend, 2540 from all parts of the world participated in the opening meeting. She says that the U.S. commission of 241 members was second in size only to that of Italy. Asian and African bishops played a well-known role in the council's discussions. Only Communist nations were lightly represented, the result of government pressures. The average attendance at the meetings was 2200. Vatican II, as what Margaret has said from the above information, was a very large and important meeting in the Roman Catholic Church. Vatican II has altered the Roman Catholic Church more that any other council that took place. My grandfather, who I also interviewed, said that it has great significance as it made the church more reasonable and realistic. The Church, after the council, was much more â€Å"down-to-earth and open-mindedâ€Å" stated the two of them. One of Vatican II's changes that took place was that Mass became â€Å"vernacularâ€Å". She thought that this change was very important because it made her feel more at a personal level when mass was held seeing as though the priest was speaking her language. It made them feel more at home and increased their understanding and ability to respond. Another very major and important change that took place due to Vatican II was the relationship with the Church and the world. "The Church is a human Organization steered by the Holy Spirit and composed of the gifts and talents of its members.

Injury Prevention Essay

Abstract On this paper we will review the formation of injury prevention coalition in Lincoln state. We will look at the ideal size, effects and impacts, member recruiting process, expectations, advantages and disadvantages of decision making, evaluation, resource management, leadership and organization of Lincoln State Injury Coalition (LSIC). A coalition should be formed in Lincoln state to successfully tackle mortality rates attributed to injury, which is the fourth leading cause of death of Lincoln resident before age 65 (Turnock, 2009). The focus of LSIC should include primary functions like service delivery, planning and policy development, surveillance and assessment, and education and outreach in the community structures and program. LSIC should have a diverse group of participants with different skills set e.g. planning, project management, grant writing, decision making, communication etc; each member can contribute their particular expertise or resources to facilitate activities. LSIC can address community health hazard concerns while empowering or developing capacities. LSIC can also solve or improve the problem of high mortality rates attributed to injury by focusing on the risk groups and they can better coordinate services and improve working relationship among organizations. LSIC success is based on its members, recruiting the right member and their retention can make or break the coalition. Members also have to be active participants, communicate effectively amongst the group, mutually agree upon and recognized governance system, ability to recognize and deal with conflicts (Brownson, Baker & Novick, 1999). LSIC may also experience potential drawbacks like, a â€Å"slow, consensus-building process for decision making resulting in a weakened position on some issues and differences among the organizations that comprise the coalition may prevent it from taking strong stands on particular matters or moving as quickly as desired (http://www.cwru.edu, 1999). The LSIC and the State Health Department can further decrease mortality rates attributed to motor-vehicle  crashes in Lincoln by setting goals and measuring its long term effects in order to measure success. They should also set and regulate standards for motor vehicles and highways (Turnock, 2009). LSIC is operating on a $100,000 budget, since human labor is the most budget consuming we would have to work with a small group. We might also try recruiting volunteers and compliment them with small incentives. We could also have the health department fund staffing, if the resources are available, which would save the coalition money and in turn create more resources. The media, law enforcement agency, diverse religious organizations, healthcare professionals, substance abuse program organizations, volunteer groups, government agencies, and schools would be invited to the meeting. Recruiting members who have access to bringing in additional funds, individuals who share the same vision and want to institute change, individuals from various cultures and various social classes would also prove beneficial. Each member must have a defined role, rights and responsibility; these individuals or organizations must also be residents of Lincoln state. The members can represent organizations and individual leadership as long as each individual is assigned role and responsibility (http://www.wch.uhs.wisc.edu). Business organizations or individuals who try to promote their businesses for self gain would probably be avoided. Once the structure of the coalition has been established a committee or board advisory should be elected from the coalition members to take charge. A director or coordinator may also be hired to facilitate the process, this individual should have experience with grassroots community development and posses the ability to motive and inspire its members, demonstrate initiative and drive, possesses knowledge and enthusiasm, good communicator and good organizer. The Lincoln State Department of Public Health (LSDPH) would be encouraged to be involved due to their expertise and available resources (Brownson, Baker & Novick, 1999). Access to available resource either financial or informational proves vital, so LSDPH should also serve as coalition members. The involvement of the LSDPH may also make the coalition more attractive and credible thereby increasing interest of its members. Clearly stating each members role is crucial, a decision making body should be chosen and these members should make formal decisions relating to injury preventive intervention. Members of the coalition should voice their concerns and issues during meeting. The  decision body can then make decisions on mandatory safety seats for adults (passengers and drivers) and baby passengers and alcohol impairment. Once these decisions have been made the committees can then vote and pass their vote onto the LSDPH. The decision making process could be time consuming and potentially drawback the coalition’s success. Better decisions are made using this style of decision making process and therefore increase the morale of the group ultimately leading to success. The location of the coalition meeting should be easily accessible and close to the LSDPH which lies in the heart of the city. The coalition can be evaluated by using self assessment tools e.g. surveys, for its members. They can evaluate their leaders, committee members, staff, decision process and implementations. References Brownson, Ross C., Baker, Elizabeth A., Novick, Lloyd F. (1999) Community-based prevention: programs that work Gaithersburg, Md.: Aspen Publishers. Turnock, Bernard J. (2009). Public Health: What It Is and How It Works. Public Heath Spotlight on Injury Prevention (pp. 401-411) Sudbury, Mass: Jones and Bartlett Publishers. â€Å"ORGANIZING A COMMUNITY HEALTH ADVOCACY COALITION.† Oct. 1999. 9 Nov. 2012. . â€Å"Coalition Building.† Wisconsin Clearinghouse for Prevention Resources. 9 Nov. 2012. .

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