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Insolvenzanfechtung: Keine Gläubigerbenachteiligung bei Ablösezahlung gegen Forderungsverzicht
(2016)
Schwerpunkt einer vorinsolvenzlichen Sanierung ist i.d.R., dass einzelne Gläubiger gegen Teilzahlungen auf ihre Forderungen verzichten und somit dem Unternehmen den notwendigen finanziellen Freiraum für einen Turnaround geben. Die Motivation der Gläubiger für einen Verzicht ist dabei auch die Überlegung, dass eine quotale Befriedigung im Rahmen eines Insolvenzverfahrens oft wesentlich geringer ausfallen würde als die durch den Vergleich realisierte Teilzahlung. Das Risiko, im Falle der Insolvenz eine Teilzahlung im Rahmen der Insolvenzanfechtung aber wieder zurückgewähren zu müssen, macht einen Forderungsverzicht weniger attraktiv. Mit Urteil vom 28.01.2016 hat der BGH nun entschieden, dass eine Insolvenzanfechtung mangels Gläubigerbenachteiligung ausscheidet, wenn der in der Teilzahlung liegende Vermögensverlust durch den damit verbundenen Verzicht auf die Restforderung voll ausgeglichen wird. Im Folgenden wird untersucht, ob dieses Urteil als Blaupause für eine anfechtungsfeste Restrukturierung einzelner Verbindlichkeiten dienen kann.
Self-aeration is traditionally explained by the water turbulent boundary layer outer edge intersection with the free surface. This paper presents a discussion on the commonly accepted hypothesis behind the computation of the critical point of self-aeration in spillway flows and a new formulation is proposed based on the existence of a developing air flow over the free surface. Upstream of the inception point of self-aeration, some surface roughening has been often reported in previous studies which consequently implies some entrapped air transport and air–water flows coupling. Such air flow is proven in this study by presenting measured air velocities and computing the air boundary layer thickness for a 1V:2H smooth chute flow. Additionally, the growth rate of free surface waves has been analysed by means of Ultrasonic Sensors measurements, obtaining also the entrapped air concentration. High-speed camera imaging has been used for qualitative study of the flow perturbations.
Operational Modal Analysis (OMA) is a promising candidate for flutter testing and Structural Health Monitoring (SHM) of aircraft wings that are passively excited by wind loads. However, no studies have been published where OMA is tested in transonic flows, which is the dominant condition for large civil aircraft and is characterized by complex and unique aerodynamic phenomena. We use data from the HIRENASD large-scale wind tunnel experiment to automatically extract modal parameters from an ambiently excited wing operated in the transonic regime using two OMA methods: Stochastic Subspace Identification (SSI) and Frequency Domain Decomposition (FDD). The system response is evaluated based on accelerometer measurements. The excitation is investigated from surface pressure measurements. The forcing function is shown to be non-white, non-stationary and contaminated by narrow-banded transonic disturbances. All these properties violate fundamental OMA assumptions about the forcing function. Despite this, all physical modes in the investigated frequency range were successfully identified, and in addition transonic pressure waves were identified as physical modes as well. The SSI method showed superior identification capabilities for the investigated case. The investigation shows that complex transonic flows can interfere with OMA. This can make existing approaches for modal tracking unsuitable for their application to aircraft wings operated in the transonic flight regime. Approaches to separate the true physical modes from the transonic disturbances are discussed.
We investigate the suitability of selected measures of complexity based on recurrence quantification analysis and recurrence networks for an identification of pre-seizure states in multi-day, multi-channel, invasive electroencephalographic recordings from five epilepsy patients. We employ several statistical techniques to avoid spurious findings due to various influencing factors and due to multiple comparisons and observe precursory structures in three patients. Our findings indicate a high congruence among measures in identifying seizure precursors and emphasize the current notion of seizure generation in large-scale epileptic networks. A final judgment of the suitability for field studies, however, requires evaluation on a larger database.
Given the strong increase in regulatory requirements for business processes the management of business process compliance becomes a more and more regarded field in IS research. Several methods have been developed to support compliance checking of conceptual models. However, their focus on distinct modeling languages and mostly linear (i.e., predecessor-successor related) compliance rules may hinder widespread adoption and application in practice. Furthermore, hardly any of them has been evaluated in a real-world setting. We address this issue by applying a generic pattern matching approach for conceptual models to business process compliance checking in the financial sector. It consists of a model query language, a search algorithm and a corresponding modelling tool prototype. It is (1) applicable for all graph-based conceptual modeling languages and (2) for different kinds of compliance rules. Furthermore, based on an applicability check, we (3) evaluate the approach in a financial industry project setting against its relevance for decision support of audit and compliance management tasks.
This summer, RoboCup competitions were held for the 20th time in Leipzig, Germany. It was the second time that RoboCup took place in Germany, 10 years after the 2006 RoboCup in Bremen. In this article, we give an overview on the latest developments of RoboCup and what happened in the different leagues over the last decade. With its 20th edition, RoboCup clearly is a success story and a role model for robotics competitions. From our personal view point, we acknowledge this by giving a retrospection about what makes RoboCup such a success.
Ground or aerial robots equipped with advanced sensing technologies, such as three-dimensional laser scanners and advanced mapping algorithms, are deemed useful as a supporting technology for first responders. A great deal of excellent research in the field exists, but practical applications at real disaster sites are scarce. Many projects concentrate on equipping robots with advanced capabilities, such as autonomous exploration or object manipulation. In spite of this, realistic application areas for such robots are limited to teleoperated reconnaissance or search. In this paper, we investigate how well state-of-the-art and off-the-shelf components and algorithms are suited for reconnaissance in current disaster-relief scenarios. The basic idea is to make use of some of the most common sensors and deploy some widely used algorithms in a disaster situation, and to evaluate how well the components work for these scenarios. We acquired the sensor data from two field experiments, one from a disaster-relief operation in a motorway tunnel, and one from a mapping experiment in a partly closed down motorway tunnel. Based on these data, which we make publicly available, we evaluate state-of-the-art and off-the-shelf mapping approaches. In our analysis, we integrate opinions and replies from first responders as well as from some algorithm developers on the usefulness of the data and the limitations of the deployed approaches, respectively. We discuss the lessons we learned during the two missions. These lessons are interesting for the community working in similar areas of urban search and rescue, particularly reconnaissance and search.
In the field of biotechnology and molecular biology, the use of small liquid volumes has significant advantages. In particular, screening and optimization runs with acceptable amounts of expensive and hardly available catalysts, reagents, or biomolecules are feasible with microfluidic technologies. The presented new microfluidic system is based on the inclusion of small liquid volumes by a protective shell of magnetizable microparticles. Hereby, discrete aqueous microreactor drops with volumes of 1–30 μL can be formed on a simple planar surface. A digital movement and manipulation of the microreactor is performed by overlapping magnetic forces. The magnetic forces are generated by an electrical coil matrix positioned below a glass plate. With the new platform technology, several discrete reaction compartments can be moved simultaneously on one surface. Due to the magnetic fields, the reactors can even be merged to initiate reactions by mixing or positioned above surface-immobilized catalysts and then opened by magnetic force. Comparative synthesis routes of the magnetizable shell particles and superhydrophobic glass slides including their performance and stability with the reaction platform are described. The influence of diffusive mass transport during the catalyzed reaction is discussed by evaluation finite element model of the microreactor. Furthermore, a first model dye reaction of the enzyme laccase has been established.
Application of the optical flow method to velocity determination in hydraulic structure models
(2016)
The Saturnian moon Enceladus with its extensive water bodies underneath a thick ice sheet cover is a potential candidate for extraterrestrial life. Direct exploration of such extraterrestrial aquatic ecosystems requires advanced access and sampling technologies with a high level of autonomy. A new technological approach has been developed as part of the collaborative research project Enceladus Explorer (EnEx). The concept is based upon a minimally invasive melting probe called the IceMole. The force-regulated, heater-controlled IceMole is able to travel along a curved trajectory as well as upwards. Hence, it allows maneuvers which may be necessary for obstacle avoidance or target selection. Maneuverability, however, necessitates a sophisticated on-board navigation system capable of autonomous operations. The development of such a navigational system has been the focal part of the EnEx project. The original IceMole has been further developed to include relative positioning based on in-ice attitude determination, acoustic positioning, ultrasonic obstacle and target detection integrated through a high-level sensor fusion. This paper describes the EnEx technology and discusses implications for an actual extraterrestrial mission concept.
Schalung und Gerüste
(2016)
Systemschalungen und Systemgerüste haben den Baustellenbetrieb in vielen Bereichen sehr vereinfacht. Dennoch sind Kenntnisse in diesen Feldern für eine erfolgreiche und effektive Bauleitung unverzichtbar. In diesem Kapitel werden Hinweise und Empfehlungen für die Bemessung und Einsatz von Schalungen, Trag- und Arbeitsgerüsten für den Baustellenbetrieb gegeben.
Engineers are of particular importance for the societies of tomorrow. The big social challenges society has to cope with in future, can only be mastered, if engineers link the development and innovation process closely with the requirements of people. As a result, in the frame of the innovation process engineers have to design and develop products for diverse users. Therefore, the consideration of diversity in this process is a core competence engineers should have. Implementing the consideration of diverse requirements into product design is also linked to the development of sustainable products and thus leads to social responsible research and development, the core concept formulated by the EU.
For this reason, future engineers should be educated to look at the technical perspectives of a problem embedded in the related questions within societies they are developing their artefacts for. As a result, the aim of teaching engineering should be to prepare engineers for these requirements and to draw attention to the diverse needs in a globalized world.
To match the competence profiles of future engineers to the global challenges and the resulting social responsibility, RWTH Aachen University, one of the leading technical universities in Germany, has established the bridging professorship “Gender and Diversity in Engineering” (GDI) which educates engineers with an interdisciplinary approach to expand engineering limits. The interdisciplinary teaching concept of the research group pursues an approach which imparts an application oriented Gender and Diversity expertise to future engineers. In the frame of an established teaching concept, which is a result of experiences and expertise of the research group, students gain theoretical knowledge about Gender and Diversity and learn how to transfer their knowledge into their later field of action.
In the frame of the conference the institutional approach will be presented as well as the teaching concept which will be introduced by concrete course examples.
This paper describes the results and methods used during the 8th Global Trajectory Optimization Competition (GTOC) of the DLR team. Trajectory optimization is crucial for most of the space missions and usually can be formulated as a global optimization problem. A lot of research has been done to different type of mission problems. The most demanding ones are low thrust transfers with e.g. gravity assist sequences. In that case the optimal control problem is combined with an integer problem. In most of the GTOCs we apply a filtering of the problem based on domain knowledge.