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Doctrinal considerations regarding administrative easement definition

The Public Administration, in its function of satisfying the interests of the collective, and taking into account the principle of legality and the corresponding legal guarantees, often requires things of personal property for reasons of public utility or social interest. These cases include: compulsory expropriation, temporary occupation, limitations and administrative easements; all them legal institutions regulated by Administrative Law.

Administrative easements arise to respond to the needs of social existence. They have evolved from civil servitudes to an institution of Administrative Law. How many times it has become necessary to provide electrical or water services that the poles, towers or pipes are located on lands that are not public property? It is of public utility to receive an adequate electrical service and aqueduct service, and for this, administrative easements are indispensable. These easements allow to obtain advantages, for the benefit of the collective.

Several aspects of this legal institution have not yet achieved a uniform approach between the branches of Civil and Administrative Law. Those aspects include: conceptual delimitation, legal nature, fundamental characteristics of the institution, and its distinction with other related institutions, diversity of classification approaches, or the adequate manner of compensation. This situation creates confusion regarding the institution, which affects its theoretical, legislative and jurisprudential treatment and, as a consequence, affects legal certainty. This article discusses the approaches to the controversial definition of administrative easements."[1].

According to ALBALADEJO, the servitude consists of the real power over the property of others to make partial use of it. He adds that it is not possible a better delimitation of the concept because the power, object and content of these institution can include very different situations[2]. It is also recurrent to find that servitude is considered as a real, perpetual or temporary right of one or more persons over the property of others, with a certain right over its usefulness [3].

Previous definitions constitute a minimum reference of the long list of approaches about this institution from the Civil Law doctrinal perspective. Nonetheless, common elements can be appreciated. It is not possible to determine with complete precision a definition of easements, which allows us to identify them convincingly in relation to other legal institutions that also have an impact on property rights. 

There is no identity between civil and administrative easements. Although servitudes of public utility come from civil servitudes, the individuality of each is undeniable, especially because administrative easements have their cause in public utility or social interest, which permeates the characters and the legal regime Administrative procedures. 

JOUSSELIN is one of the first authors to note that easements of public utility are modifications to real property made in favor of public utility, as determined by laws and regulations. In such a case, the institution of public easements would contain the whole legal system of property, without recognizing distinctions between limitations, charges, obligations, temporary occupation or expropriation.[4]

For OTTO MAYER the definition is more restricted. It refers to the fact that public law easement is a partial legal power constituted on property in favor of a public company.[5]     

In contrast, BIELSA considers administrative easement a real right, constituted by a public entity (state, county or commune) on a private land, with the objective of serving the public use as an extension or dependence of the public domain. This conception finds several followers in the administrative doctrine, because they recognize in the administrative easements a real right over the other´s thing in order to serve the public interests, real right that ends up being part of the public domain.

An almost unanimous element in doctrine is the reference to the general interest as the cause for establishing administrative servitude. GARCINI recognizes this element expressly. Although it limits the conception of administrative easements to the burdens that can fall on properties originated not by the necessity of another private thing that is adjacent to her, but by the closeness of public things..[6]

For GARRIDO FALLA, closeness is not an essential element of administrative easements, but the partial subjection of the immovable to a use by the collective.[7]    

The above definitions show the diversity of approaches to administrative easements, which confirms the difficulty of uniformity. The elements that often converge are: they are recognized as a real right, are constituted on the property of others, and respond to public interests. 

These common elements are not enough to identify administrative easements in the juridical traffic. Its complexity is given by the lack of delimitation of its contours and to achieve a more suitable definition.

The administrative easement is the real right whose content includes the use or improvement of the thing property of other, for reasons of public utility or social interest, without it is indispensable reciprocity, or vicinity. For example, there is an administrative easement when the Public Administration in other people's property requires establishing pipes, posts or electric cables; or establishment the sign that identify the name of the streets. However, do not constitute servitudes, some figures historically conceived as such, for example: the prohibition to build beyond a certain height, or to build on the strip of roads and railways.

In summary, in order to qualify an easement as an administrative one, real use of the private property of other persons for reasons of public utility or social interest is required. 

[1] Díez Picazo, L. y Gullón, A. Sistema de Derecho Civil. Volumen III. Derecho de cosas y Derecho Inmobiliario Registral. Sexta Edición. Editorial Tecnos. SA. Madrid. 1997. Pág. 434.

[2] Albaladejo, M. Derecho Civil. Tomo III. Volumen segundo. Quinta edición. Editorial Bosch. Barcelona. 1983. Pág. 94.

[3] Véase Gatti, E – Alterin, J.H El derecho real. Elementos para una teoría general. Reimpresión. Abeledo-Perrot. Buenos Aires. 1998. Pág. 99.

[4] Citado por Gascón y Marín, J. Limitaciones del derecho de propiedad por interés público. Establecimiento tipográfico de Jaime Ratés. Madrid. 1906. Pág. 33.

[5] Mayer, O. Derecho administrativo alemán. Editorial De Palma. Buenos Aires. 1951. Pág. 272.

[6] Garcini, H. Derecho Administrativo. Editorial Pueblo y Educación. La Habana.1986. Pág.184.

[7] Garrido Falla, F. Tratado de Derecho administrativo, Vol. II, Thirteenth edition. Madrid. 2012. Pág. 284.

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Genetic Manipulation on Plants: Intellectual Property Issues.

Biotechnology and specifically, the plan genome manipulation is a matter that needs to be reconsidered by the juridical traditional frame, in order to adequate the norm to the new scientific advances. Intellectual Property recognizes patent rights on products which include biological material, as well as new vegetable varieties obtained, it could mean a limitation for the access to such class of product or plant variety. This work deals with some aspects of Biotechnology regarding to plant genomic, as well as the intellectual property´s legal issues in this matter.

Reference: Plants genetic manipulation: an approach from Intellectual property. Anisley Negrin Ruiz1, 2,3, Lazaro Pino Rivero4 Frontiers in Bioscience E5, 408-417, January 1, 2013

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New insights to understand the CoMFA and CoMSIA analysis within the framework of Density Functional Theory. Toward a generalized methodology.

Currently, the three-dimensional quantitative structure-activity relationship (3D QSAR) models have many applications; however due to the complexity to understand its results is necessary postulate new methodologies. In this sense, this work postulates a generalized version joining the quantum similarity field and chemical reactivity descriptors within the framework of density functional theory.

 

This generalized methodology can be applied to understand the biological activity on a molecular set taking a reference compound. In this sense, this methodology allows study the CoMFA and CoMSIA results in term of quantum similarity and chemical reactivity (J 2015 J. Mol. Model. 21, 156). In this form, is possible study steric and electrostatic effect on local substitutions. Considering that these methodologies can be used when the receptor is known or even when it is not known.

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METHODOLOGY FOR DESIGNING AN AGRICULTURAL COMMODITY LOGISTICS INFORMATION SYSTEM

This project is born from the needs of Chontla Municipality which is located in Veracruz, México to allow small agricultural producers to have a tool for making decisions about their commercialization and production planning. It is proposed to design and validate statistically a measurement instrument in the form as a survey applicable to small agricultural producers. The results obtained will be used to design the logistics and management indicators that will serve as a strategic resource to empower the municipality and achieve a substantive contribution in the agricultural commodities information systems, thus contributing to local economic development. It is proposed to apply the Checkland systemic methodology, data statistical analysis and software development methodologies.

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Prediction of mRNA expression in cow’s milk using mRNA secondary structures and Machine Learning classifiers

The mRNA molecules expressed in cow’s milk are important molecular biomarkers for different physiological and pathological conditions in cattle. The prediction of the quantity that a specific mRNA type could be expressed in cow’s milk is a challenging theoretical task. The current study presents for the first time several different Machine Learning models to predict the mRNA expression using the mRNA secondary structure fragments. This unique methodology is based on a dataset of experimental mRNA expression data. Each mRNA molecule has a specific secondary structure represented as a string that can be used to read all the possible mRNA secondary structure fragments. This information is used as input for the Machine Learning methods from Weka software in order to obtain classification models that can predict low, medium and high expression of new mRNA types in the cow’s milk. The mRNA expression levels have been measured with High Throughput Screening techniques. The initial features included the counting of the mRNA secondary structure fragments for each expressed mRNA. The model features were transformed in frequencies and the expression levels were converted into low and high classes. In order to reduce the high number of possible features, a feature selection method has been applied. Thus, the best classification model was obtained with BayesNet method and is based on 24 features and 4067 cases. The model has the true positive rate for the low mRNA expression class of 0.78 (average true positive rate of 0.66). Further studies are needed improve the current results, using datasets with different feature sets and more advanced Machine Learning methods.

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Computational study of aromatic compounds inhibiting Trypanosoma cruzi glyceraldehyde 3-phosphate dehydrogenase

Chagas disease is caused by the protozoan Trypanosoma cruzi and is widely distributed throughout Latin America. Because it is a pathology neglected by the pharmaceutical industry and existing drugs have low efficacy and several side effects, interest in new drugs has been increasing. Due to the necessity of the discovery of new active compounds, the aim of this work was to relate the biological activity of natural and semi-synthetic aromatic compounds that inhibit glyceraldehyde 3-phosphate dehydrogenase enzyme. Molecular descriptors such as HOMO-LUMO frontier orbitals, partition coefficient (LogP), water solubility (LogS) and ionization potential, were calculated by molecular modeling, in addition to performing a molecular docking simulation to obtain a better molecular view of the interaction of the aromatic compounds with the active site of the enzyme. It was observed that the compounds involved in the study interacted attractively with the enzyme, in accordance with experimental studies, and had adequate solubility for good pharmacokinetics. It was also possible to relate the pharmacological activity of some compounds with the energy of the LUMO orbital. The study showed that the methodology used in this work can be used to understand the interaction of active compounds with their respective targets, saving time and resources.

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Molecular Docking study of the flavonoids quercetin and artemetin front the angiotensin-converting enzyme

Phenolic compounds, such as flavonoids, have aroused great scientific interest due to their diverse pharmacological activities, such as antioxidant, anti-inflammatory, anticancer and antihypertensive, among others. Several studies suggest the mechanisms responsible for the antihypertensive activity of flavonoids, and among them is the inhibitory activity of the angiotensin-converting enzyme (ACE). Thus, the objective of the present study was to perform a molecular docking study of flavonoids quercetin and artemetin against ACE, aiming at a better understanding of the interaction of these flavonoids with the enzyme. The crystallographic structure of the enzymatic target ACE was obtained from the Protein Data Bank database [PDB: 1UZE]. The molecular docking study was performed using Autodock 4.0 software. Gasteiger charge and polar hydrogens needed for the power calculations were added to the enzyme, with the water molecules removed. The grid was positioned in the catalytic region of the enzyme with dimensions on the X-, Y- and Z-axis at 32 Å 30 Å and 38 Å, respectively, spacing 0.375 Å. The Lamarckian Genetic algorithm was chosen to search for the best conformations with 100 runs for each binder. During the search, the enzyme was held rigid and the ligands were kept flexible. Both artemetin and quercetin interacted with the active site of the enzyme attractively. With docking energy at -6.89 kcal/mol, artemetin was more stable in complex with the active site of the enzyme ACE, whereas quercetin presented docking energy at - 6.63 kcal/mol. Both ligands interacted by hydrogen bonds with amino acids GLU 384, TYR 520, HIS 513, HIS 353, GLN 281, LYS 511 and the Zn ion. The study showed that the methodology used in the present study can be well used for the understanding of the interaction of pharmacologically active compounds with target enzymes, saving time and resources.

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Control measures in the countries sending remittances and financial impact on the countries receiving them (Mexico and The United States)

Permanent migratory flows in OECD[1] countries have increased for the third consecutive year, according to preliminary data of 2016. In that year, around 5 million people emigrated on a permanent basis to countries of the OECD, a figure well above the previous maximum, observed in 2007 before the economic crisis.

 In 2016 the employment rates of the migrant population of OECD countries remained relatively stable at 67.4%, which represents an increase of one percentage point compared to the previous year.[2]

 The movement of people from one place to another is a phenomenon that has existed throughout the history of the world, which has brought a series of benefits for both, the country of origin and the country of destination. Remittances are the main economic source that in the last ten years have benefited thousands of families that depend on their relative residing in another country to meet their needs.

 The main items that remittances cover are: food, health, housing and education.

 These money transfers play a key role in the Mexican economy, since Mexico is the main recipient of remittances in Latin America. Today, more than a million Mexican households receive remittances from relatives living abroad, according to the information of the central bank of Mexico (Banxico). The total amount of family remittances in May of this year is 2,586.425023 million dollars.[3]

 There is no doubt that the United States is the main sending country of remittances, and Mexico the largest receiving country; followed by Guatemala, El Salvador and the Dominican Republic, among others.[4]

 The United States intentions to cut money transfers off or impose a tax on remittances has become a matter of concern to people who send money to their families in Mexico and could even have a great impact on the Mexican economy.

Mexicans residing in the United States as well as their relatives in Mexico live in a constant state of uncertainty. Indeed the United States’ measures could make frequent money transfers complicated and more expensive.

 Juan José Ling, an expert on the topic and chief economist of BBVA Bancomer, foresees an important rise in remittances sent to Mexico, at least in the short term. The increase may be motivated by the fear that Donald Trump carry out the threats made against mexican migrants during his campaign trail, including the halt of remittances. [5]

 Since April 2016, the campaign staff of the current president of the United States, Donald Trump, assured that the construction of a border wall could be paid by cutting a portion of remittances off to Mexico, taxing money transfers, or by raising the fees for visas.[6]

 On February 7, the Republican congressman from Alabama, Mike Rogers, announced that he would introduce an initiative to create a law to compel migrants to pay a tax of 2 percent in remittances, to cover the cost of the wall ordered by Trump.

 Control measures implemented by financial institutions generate profits for the countries sending remittances at the expense of migrants who religiously send money to their families. Some of these measures are fees and limits for money transfers. Nevertheless, recipient countries are mostly benefit from these remittances since these incomes help mainly to the alleviation of poverty.

 In case taxes are added to remittances, some measures must be taken: Firstly, the receiving families should anticipate the changes by looking for investment opportunities in their own country; thus contributing to the economic development of Mexico. Secondly, the Mexican government must guarantee the proper use of remittances by implementing a productive process that could create employments, therefore a sustainable economic and social development.

 On the other hand, to open of a retirement savings account, called Afore in Mexico, is also recommended because it could be a productive way to take advantage of remittances, suggested Carlos Marmolejo, vice-president of operations of the national commission for the retirement savings system (CONSAR).

Mr. Mamolejo explained that one of the most important projects of this commission in 2017, is that in June a part of the remittances sent by migrants may be deposited in the Afore that they once had in Mexico or in one of a relative. He recalled that the intention is that a part of the 25 billion dollars a year sent Mexican migrants to the country be used to finance their retirement.[7]

According to the Mexico’s central bank and the organism in charge of protecting and defending consumers of financial services (CONDUSEF)[8], the best way to send money is   the service “Directo a Mexico” that charges only five dollars regardless the transfer’s amount. This option is convenient, secured and offers the best currency exchange.

[1] The Organization for Economic Cooperation and Development (OECD) is an intergovernmental organization that brings together 34 countries committed to market economies and democratic political systems, which together represent 80% of world GDP.

[2] OECD (2017), International Migration Outlook 2017, OECD Publishing.

[3]Bank of Mexico 2017 Table Summary Income for family remittances consultation July 12, 2017 http://www.banxico.org.mx/SieInternet/consultarDirectorioInternetAction.do?accion=consultarCuadro&idCuadro=CE81

[4] Maldonado, Rene; Cervantes, Jesus. Remittances to Latin America and the Caribbean in 2015-2016, Accelerating growth. Center for Latin American Monetary Studies (CEMLA), Mexico City.

[5] The Universal, Copyright Grupo de Diarios Amà © rica-GDA / El Universal / Mexico. January 28, 2017, Mexico City

[6]Vlex Global, report written by Claudia Guerrero, February 13, 2017. Migration and Remittances Yearbook 2016

[7]Vlex Global, report written by Jessika Becerra, December 21, 2016

[8] National Commission for the Protection and Defense of Users of Financial Services

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Ocotea quixos essential oil: A systematic review about the ethno-medicinal uses, phytochemistry and biological activity.

In the Ecuadorian Amazon region, Ocotea quixos is a well-known as well as an important plant used as a spice and as folk medicine ingredient. Besides the traditional knowledge, only a few bioprospecting and pharmacological experiments have been carried out and some promising findings have been done. Essential oil from calices (OQCO) and from leaves (OQLO) have been investigated furthermore showing a remarkable difference. In the case of floral calyx oil the main components were trans-cinnamaldehyde and methylcinnamate while the leaves essential oil presented β-caryophyllene, cinnamyl acetate, sabinene, geranial and finally trans-cinnamaldehyde. Both essential oils have shown to possess useful biological activities, as antiplatelet, antithrombotic, anti-inflammatory, antioxidant, antifungal and antimicrobial activities. These findings open new research prospects and promising applications as functional fragrances for both oils.

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Contamination of soils in homestead

The term pesticide is a compound word that includes all chemicals used to destroy or control pests. In agriculture, herbicides, insecticides, fungicides, nematicides and rodenticides are used. A key factor in the Green Revolution has been the development and application of pesticides to combat a wide variety of insects and herbaceous pests that would otherwise reduce the volume and quality of food production. The use of pesticides coincides with the chemical age, which has transformed society since the 1950s. In places where intensive monoculture is practiced, pesticides are the usual method of pest control. Unfortunately, the benefits of chemistry have been accompanied by a number of harms, some of them so serious that they now pose a threat to the long-term survival of important ecosystems as a result of predator-prey relations and biodiversity loss. In addition, pesticides can have important human health consequences.

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