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Record W2603622038 · doi:10.54648/erpl2016060

Trust as a Legislative Challenge: Bipolar Relation vs Quasi-Corporate Status? Basic Trust Models in Legal Practice, Theory, and Legislation

2016· article· en· W2603622038 on OpenAlexaboutno aff
Karsten Schmidt

Bibliographic record

VenueEuropean Review of Private Law/Revue européenne de droit privé/Europäische Zeitschrift für Privatrecht · 2016
Typearticle
Languageen
FieldSocial Sciences
TopicLegal principles and applications
Canadian institutionsnot available
Fundersnot available
KeywordsCzechMandateLegislatureExpress trustGermanTransparency (behavior)LawTrust lawLegal practicePolitical scienceLaw and economicsCivil codeBusinessLegislationSimple (philosophy)SociologyEpistemology

Abstract

fetched live from OpenAlex

Trust is a multifaced and enigmatic legal construction. The recent reform of trust law in the Czech Republic is based on a very demanding legal concept, obviously linked with the “fiducie” model in the Law of Québec. In contrast, the legal community in Germany has to cope with trust issues on the basic of very few and simple Civil Code provisions under the law of obligations. This concept has, however, has proved to be fruitful producing three elementary types of trust constructions: (a) simple bipolar mandate agreements, (b) trust agreements in the benefit of third persons, and (c) complex trust organisations serving as quasi-legal bodies. The Czech trust law, recently enacted in ss. 1400 et seqq., is appropriate for the third (most complicated) type c of trust construction. It may, however, fall short as far as simple trust agreements (a, b) are concerned. The German law, on the other hand, has to cope with a noticeable drawback regarding type c: the lack of transparency of trust based quasi-entities.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.007
metaresearch head score (Gemma)0.010
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: Theoretical or conceptual
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.010
Threshold uncertainty score0.065

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0070.010
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0010.001
Bibliometrics0.0020.002
Science and technology studies0.0030.038
Scholarly communication0.0100.016
Open science0.0010.003
Research integrity0.0050.005
Insufficient payload (model declined to judge)0.0030.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.031
GPT teacher head0.301
Teacher spread0.270 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations2
Published2016
Admission routes1
Has abstractyes

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Same venueEuropean Review of Private Law/Revue européenne de droit privé/Europäische Zeitschrift für PrivatrechtSame topicLegal principles and applicationsFrench-language works237,207