Zeitschriftenartikel: „Pre-Contract Stage“

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CRETU, Georgeta, und Camelia SPASICI. „THE LEGAL NATURE OF ”PRE-CONTRACTUL OBLIGATIONS”:CONDITIONS OF VALIDITY IN THE CONSUMER CONTRACT“. Jurnalul de Studii Juridice 15, Nr. 3-4 (20.12.2020): 30–42. http://dx.doi.org/10.18662/jls/15.3-4/73.

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This paper aims to briefly analyze the legal nature of “the pre-contractual obligations” regarding the information, counselling and safety elements that are specific to the consumer legislation. From the perspective of consumerist regulations, “the pre-contractual obligations” occur during the formation of the contract stage although in the civil contract the obligations of the parties designate the effects of the contract. In these circumstances, the following question arises: are “the pre-contractual obligations” laid down in the Consumer Code conditions of validity or effects (obligations) of the contract? This dispute is a part of the harmonization process of the institutions that are specific to the legislation of consumption with those of the contract as laid down in the Civil Code (the ordinary law in the matter). The paper is structured in four parts: “Introduction”, “The Stages of the Civil Contract: the Conditions of Validity, Conclusion, Effects and Termination”, “The Pre-Contractual Obligations as Laid Down in the Consumer Code” and “The Legal Character of the Pre-Contractual Obligations.” This legal undertaking ends with conclusions.

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Ji, Cong, Jasper Mbachu und Niluka Domingo. „Factors influencing the accuracy of pre-contract stage estimation of final contract price in New Zealand“. International Journal of Construction Supply Chain Management 4, Nr. 2 (31.12.2014): 51–64. http://dx.doi.org/10.14424/ijcscm402014-51-64.

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Establishing and prioritising the factors that may influence the final contract price when responding to a call for tenders is crucial for proper risk analysis and reliable forecasting; it could make or mar the ability to achieve expected profit margin in an era of lump sum fixed price contracts where clients often contest variation claims. In New Zealand, these factors have not been researched; hence estimators rely only on judgement to ‘guess-estimate’ in their price forecasting. This study aimed to fill the knowledge gap by investigating the priority factors. 150 responses from professional members of the New Zealand Institute of Quantity Surveyors were analysed using multi-attribute method. Results showed thirty-seven factorswhich could influence the final contract price; the three most influential being poor tender documentation, complexity of design & construction, and completeness of project information. Other factors relating to project, client and contractor characteristics, design consultants and tendering conditions, estimating practice and external factors were reported. Concordance analysis indicated high level of agreement amongst survey participants in the rank-ordering of the relative importance of the identified factors. The findings could assist quantity surveyors to prepare more reliable contract price estimates at the pre-contract stage. It would also improve construction-stage cost control.

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Gardiner, Avery W. „Reproductive Health: Massachusetts Court Holds Contracts Forcing Parenthood Violate Public Policy“. Journal of Law, Medicine & Ethics 28, Nr. 2 (2000): 198–200. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00018.x.

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On March 31, 2000, the Massachusetts Supreme Judicial court ruled that a contract awarding custody of frozen pre-embryos to the wife upon divorce was unenforceable because it violates public policy. This is the first reported case to address a contract between the clinic and the parties where the contract would have awarded the pre-embryos to one of the gamete providers. The decision in A.Z. v. B.Z. 431 Mass. 150 (2000) differs from decisions in the two other courts of last resort deciding related cases where enforcement of contracts was supported. This case represents an important development in the legal doctrines associated with frozen pre-embryos as it explicitly differs from the other courts’ decisions in addressing pre-embryos at the same developmental stage.

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Rahayu, Sang Ayu Putu. „PRINSIP HUKUM DALAM KONTRAK KERJASAMA KEGIATAN USAHA HULU MINYAK DAN GAS BUMI“. Yuridika 32, Nr. 2 (24.08.2017): 333. http://dx.doi.org/10.20473/ydk.v32i2.4774.

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The main issues elaborated in this legal research are the legal principles of tender during a pre-contractual stage and the principles of contract law on Cooperation Contract known as Production Sharing Contract (PSC) based on Laws Number 22 Of 2001 Concerning Oil and Gas. The type of this research is normative study and the approach of this research are conceptual approach, statute approach, and case approach. There are two results in this research. Firstly, in the process of tender during a pre-contractual stage of Cooperation Contract, the principles of responsive competition, transparency and the principle of accountability must be applied. The principle of responsive competition is the most important to be implemented since the tender process produces a competition to get a working area. In addition, the tender process of Cooperation Contract is also related to the principles of transparency and accountability that plays to protectthe interests ofthe state and to get a competent contractor.Secondly, in formation and performance of the Cooperation Contract, the principle of proportionality sharing should be emphasized, especially when formulating the proportion of production sharing. Cooperation Contract is also related to the principle of transparency that plays an important role on state revenues from the upstream oil and gas business activities, because a transparent process will result in optimal outcomes. Finally, in Cooperation Contract, the principles of responsive competition, transparency, accountability, and the principle of proportionality sharing should be clearly stated in the rules and legal norms.

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Kullolli, Dr Brunela. „Confidentiality - A Two-Appeal Principle“. European Journal of Social Sciences 1, Nr. 3 (29.11.2018): 53. http://dx.doi.org/10.26417/ejss.v1i3.p53-60.

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This article analysis relates to the creation of conditions for the conclusion of the contract.This is the moment when the negotiating parties determine whether there will be a contract or not. This is the stage that in the best case is finalized with the contract signing.Known as the pre-contractual stage, it is considered as the foundation of the contractual relationship.Conduct in good faith at the stage of entering into a contract would also avoid causing potential damages and liability".- The first part gives , of Completion of the contract in good faith, is a legal requirement under the Civil Laë tradition, but unlike the requirement for pre-contractual trust, finds place in the Common Law tradition.In this part of the study, the detailed treatment of the manner of performance of the contract will be set aside, focusing mainly on the obligations that dictate its fulfillment in good faith and the liability incurred in the event of its absence . The second part is concentrated, Contract Interpretation. The third part will be treated as a brief and comparative overview of the common law of Civil Law in the interpretation of the contract, taking into account the main interpretative criteria, to underline the main differences between them. Among all the criteria, the focus will be on trust, which is sanctioned as a special criterion of interpretation by the Civil Law countries. The fourth part analysis the validity of the contract.In this last part of the chapter, I will try to clarify the confusion created between the rules of contract validity and the rules of conduct, as well as the role and impact of the breach of the trust principle in the validity of the contract. Conclusions .Regarding the situations that arise for the damage that comes to the parties from non-fulfillment of obligations and breach of the principle of good faith during the contract's formation, it is necessary to clarify how the type of damage that came during the pre-contractual phase and which interest has failed to realize one of the parties. In fact, this is a genuine duty of the court which, as the case may be, must specify exactly: the responsibility of the parties, the interest that has been violated, the type of damage that has been caused.Keywords: contract law ,internal law ,contractual relation,internal contract interpretation, civil law

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Mapar, Mahsa, Mohammad Javad Jafari, Nabi-allah Mansouri und Sara Maheronnaghsh. „Proposing an Index to Determine the Contract Level at the Pre-Contract Stage from the Viewpoint of Health, Safety and Environment (HSE)“. International Journal of Occupational and Environmental Safety 3, Nr. 1 (05.04.2019): 41–52. http://dx.doi.org/10.24840/2184-0954_003.001_0004.

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The level of contractor’s HSE is a major concern in outsourcing of the works for large organizations. In each tender a rational level of HSE holding by the contractors is recommended to reduce the project costs. By investigating the classification procedure of the contracts available in reliable manuals and models at international level, 6 main criteria were selected for determining the contract level from the viewpoint of HSE. Also, an indicator, called "contract separation" was proposed by weighting the criteria. Initial weight of the main criteria along with their scoring in this indicator was determined by applying sub-criteria characteristics, namely "specialized workforce", "man-day required for meeting the criteria", "required technology", and "impact of criterion on planning the next steps of the contract". Then, by preparing a questionnaire and applying the experts' opinion, the final weight of the criteria was specified, based on which all the contracts of Shahid Tondgouyan Oil Refinery Company in Tehran were divided into four levels, namely (1) advanced, (2) moderate, (3) basic, and (4) exempted from the initial HSE assessment. Results of the present study showed that the operational risk level had the highest impact percentage on determining the level of contract compared with other criteria, which indicates that regardless of other criteria, in case the level of contract risk is high, some special HSE measures should be planned for that contract according to the advanced contracts. Also, cost of the contract had the lowest weight; although cost of the contract is one of the most effective criteria in the contract classification, it cannot by itself represent the magnitude of the contract from the HSE perspective and its impact must be considered along with other criteria associated with HSE in order to determine the contract level.

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Chi, Yang, und Xu Hong. „Managing Professional Promotion Mechanism for Rural Teachers at the Pre-service Stage“. IRA International Journal of Education and Multidisciplinary Studies 17, Nr. 3 (30.07.2021): 122. http://dx.doi.org/10.21013/jems.v17.n3.p2.

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Rural teachers' pre-service stage professional promotion mechanism refers to a series of rule-based systems of incentives, constraints and guarantees implemented to promote rural teachers' professional growth before they enter into the profession. At present, although the pre-service stage professional promotion mechanism of rural teachers in China has various forms and fruitful contents, the effectiveness of its implementation is very limited. This paper argues that the enrolment mechanism of orientation and priority for rural children, the training mechanism of public funding and contract flexibility, and competition for entry into the countryside, with the compilation of the post, are the current effective mechanisms to promote the professional growth of rural teachers at the pre-service stage.

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Pratama, Bagus Yoga, Ibrahim R und Desak Putu Dewi Kasih. „PERANAN NOTARIS DALAM PEMBUATAN PERJANJIAN BUILD OPERATE AND TRANSFER (BOT)“. Kertha Semaya : Journal Ilmu Hukum 9, Nr. 1 (12.12.2020): 1. http://dx.doi.org/10.24843/ks.2020.v09.i01.p01.

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Penelitian ini bertujuan untuk menganalisis tentang perkembangan hukum mengenai build operat and transfer (BOT) terkait tahapan dalam proses pembuatan perjanjiannya dan peranan Notaris dalam pembuatan Akta BOT. Jenis penelitian ini adalah penelitian yuridis normatif dengan menggunakan pendekatan perundang-undangan. Sumber bahan hukum yang digunakan terdiri dari bahan hukum primer dan sukunder. Mengenai tehnik penggumpulan bahan hukum menggunakan tehnik bola salju dan metode analisis yang digunakan adalah analisis deskriptif. Hasil dari penelitian ini adalah bahwa dalam pembuatan perjanjian BOT antara pihak Badan Usaha Milik Negara (BUMN) dengan pihak swasta harus melalui beberapa tahap, yakni tahap awal kontrak (prakontrak), tahap kontrak dan tahap selesai kontrak (pasca kontrak). Adapun peranan Notaris pada pembuatan perjanjian BOT adalah sebagai pihak yang ditengah atau netral untuk memberikan saran kepada pihak untuk menuangkan keinginannya dalam bentuk perjanjian. This study aims to analyze the legal developments regarding the making of build operat and transfer (BOT) in the stages of making the agreement and the notary business in making it. This type of research is a normative juridical research using a statutory approach. The resource of legal material is used consists of primary and secondary legal materials. The technique of collecting legal materials using snowball techniques and the analytical method used is descriptive analysis. The results of this research are: first, in making BOT agreements between State-Owned Enterprises (BUMN) and the private sector, it must go through several stages, the initial stage of the contract (pre-contract), the contract stage and the contract completion stage (post-contract). The role of the notary in making the BOT agreement is as a middle or neutral party to provide suggestions to parties to express their wishes in the form of an agreement.

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Ali, Jabir, und Sushil Kumar. „Understanding the contract structure for mango and empirical analysis of its determinants“. British Food Journal 117, Nr. 8 (03.08.2015): 2161–81. http://dx.doi.org/10.1108/bfj-12-2014-0435.

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Purpose – The purpose of this paper is to analyze the structure of contractual arrangements in mango orchards and factors affecting the mango contract design in India. Design/methodology/approach – The study is based on personal structured questionnaire survey of 83 contractors in one of the major mango growing areas in India. A snowball sampling approach was adopted to select suitable respondents for the study. Descriptive statistics have been computed to understand the contractor’s response on contract attributes. Factor analysis was used to categorize the contractors’ responses on various attributes of the mango contract. Further, a logistic regression model has been developed to determine the factors affecting the contract decisions. Findings – The study identifies nine aspects of mango contracting covering orchard owner, orchard and contract management characteristics. Further, a logistic regression model has been developed to assess the factors affecting the contractor’s decision on the time of entering into mango contracting, i.e. pre-flowering or post-flowering stage. Regression analysis results clearly indicate that contractors who prefer pre-flowering contracts pay significantly higher attention to contract management attributes. On the other hand, those contractors who normally enter in contract once the mango trees have flowered are more likely to pay attention to orchard-related features. Practical implications – Specifically, the results have implications for contract terms, contract efficiency and effectiveness and overall performance. Finally, the study provides suggestions for a future research agenda to analyze mango production contracts. Originality/value – Though contracting in mango growing is a common phenomena, there is limited analysis on identifying the key contract attributes and factors affecting the contract structure.

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Yin, Yi Lin, und Peng Juan Li. „Study on Risk Allocation and Management Performance Measurement of Construction Project“. Applied Mechanics and Materials 638-640 (September 2014): 2346–50. http://dx.doi.org/10.4028/www.scientific.net/amm.638-640.2346.

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Recently, risk allocation (RA) has become a research focus as a pre-variable for its damaging to the improvement of project management performance (PMP), but the related measured operations were absence. Based on the theory of incomplete contract, firstly, this paper mapped the initial contract,renegotiation and contract efficiency into the whole process of project RA, constructed a three-stage theoretical models including initial risk allocation (IRA) for contracting , project management performance (PMP) and risk reallocation for contract performance, and depicted their measuring dimensions. Secondly, this paper developed RA measure scale based upon questionnaire design and empirical analysis, and the reliability and validity were analyzed. The research guided significance for contractual arrangements for the project RA and exploring relevance to other variables.

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Kurniawan, Fredy, Stephen Ogunlana und Ibrahim Motawa. „Stakeholders’ expectations in utilising financial models for public-private partnership projects“. Built Environment Project and Asset Management 4, Nr. 1 (28.01.2014): 4–21. http://dx.doi.org/10.1108/bepam-04-2012-0015.

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Purpose – The purpose of this paper is to explore stakeholders’ expectations in utilising PPP financial models in order to ensure that each stakeholder understands the expectations of others before negotiating and reaching contract agreement by all the stakeholders. Design/methodology/approach – Five common sets of 40 expectations have been identified through a systematic research approach, and their relative significances were verified based on pilot studies in India and the UK and expert opinion solicited worldwide through a structured questionnaire survey. The survey responses were evaluated by using statistical analyses. Findings – The most important stakeholders’ expectations in utilising PPP financial models were identified at five different stages in a project. They are bankable (at the pre-proposal stage), assessment of project's ability to carry senior debt (at the contract negotiation stage), sensitivity analysis for key commercial issues (at the finance-raising stage), debt service evaluation towards cost overrun and other adverse events (at the construction stage), and assurance of secure operational cash flow (at the operation stage). Although some of the most important expectations are agreed on by all stakeholders, the disagreement of most important expectations should also be considered by the other stakeholder(s) in order to achieve effective and efficient negotiations. Originality/value – The paper draws attention to stakeholders’ expectations in utilising a financial model that is arguably overlooked in evaluating PPP projects. It does so in order to speed up the negotiation process as a means of minimising cost and time expenditures on PPP contract negotiation.

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,, Rida Halimah, und Pranoto ,. „ANALISIS PERBANDINGAN KEKUATAN MENGIKAT PRA KONTRAK DALAM HUKUM KONTRAK DI INDONESIA DENGAN HUKUM KONTRAK DI EROPA KONTINENTAL“. Jurnal Privat Law 7, Nr. 1 (02.02.2019): 55. http://dx.doi.org/10.20961/privat.v7i1.30100.

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Abstract This article aims to determine the Comparison of the Binding Strength of Pre-Contract in Contract Laws in Indonesia with Contract Laws in European Countries. This research is prescriptive normative legal writing using the source of legal materials, whether in the form of primary legal materials and secondary legal materials. The technique of collecting legal materials in this research is by way of literature study through the collection of legislation, books, and other supporting documents. In the writing of this law, the authors use case approach, comparative approach and conceptual approach and using the technique of legal source analysis by syllogistic method through deductive thinking pattern. Based on the results of the research that the authors did, it was found that the contract law in Indonesia related to the pre-contract arrangement is still unclear while in Europe it is clearer and more assertive, Indonesia tends to still follow the classical theoretical view that good faith should be applied at the stage of contract implementation, countries in Europe have embraced the modern contract theory’s view that good faith must already exist in the pre-contract stage. Pre-contract is not specifically regulated in Indonesian legislation, especially in the Civil Code the absence of regulation on pre-contract making the binding of preband contracts vague, there is a prominent difference in the jurisprudence of pre-contract. The results of this study suggest that the law of Indonesia more firmly in regulating the pre-contract should refer to European countries because Indonesia and Europe have in common that is the civil law law system. Thus, although Indonesia does not specifically have written rules in legislation but Indonesia can expressly decide on pre-contract based on the principles of justice and trust. Keyword: Good Faith; Classical Theory; Modern Theory; Pre-contract.Abstrak Artikel ini bertujuan untuk mengetahui Perbandingan Kekuatan Mengikat Pra kontrak Dalam Hukum Kontrak Di Indonesia Dengan Hukum kontrak di Negara-negara Eropa. Penelitian ini merupakan penulisan hukum normatif yang bersifat preskiptif dengan menggunakan sumber bahan-bahan hukum, baik yang berupa bahan hukum primer dan bahan hukum sekunder. Teknik pengumpulan bahan hukum dalam penelitian ini adalah dengan cara studi kepustakaan melalui pengumpulan peraturan perundang- undangan, buku, dan dokumen lain yang mendukung. Dalam penulisan hukum ini, penulis menggunakan pendekatan kasus, pendekatan komparatif dan pendekatan konseptual serta menggunakan teknik analisis sumber hukum dengan metode silogisme melalui pola pemikiran deduktif. Berdasarkan hasil penelitian yang penulis lakukan, ditemukan bahwa Hukum kontrak di Indonesia terkait pengaturan pra kontrak masih belum jelas sedangkan di eropa sudah lebih jelas dan lebih tegas, Indoesia cenderung masih mengikuti pandangan teori klasik bahwa itikad baik harus diterapkan pada tahap pelaksanaan kontrak sedangkan pada negara-negara di Eropa sudah menganut pandangan teori kontrak modern yakni itikad baik harus sudah ada pada tahap pra kontrak.. Pra kontrak tidak diatur secara khusus dalam peraturan perundang-undangan di Indonesia, khususnya dalam Kitab Undang-Undang Hukum Perdata (KUH Perdata) tidak adanya pengaturan mengenai pra kontrak membuat kekuatan mengikat pra kontrak menjadi samar, terdapat perbedaan yang menonjol dalam yurisprudensi mengenai pra kontrak. Hasil penelitian ini menyarankan agar hukum Indonesia lebih tegas dalam mengatur pra kontrak sebaiknya mengacu pada negara-negara Eropa karena Indonesia dan Eropa mempunyai kesamaan yakni menganut sistem hukum civil law. Dengan begitu meskipun Indonesia tidak secara khusus memiliki aturan tertulis dalam perundang-undangan namun Indonesia bisa secara tegas memutuskan mengenai pra kontrak dengan berlandaskan asas keadilan dan kepercayaan. Kata Kunci: Itikad Baik; Teori Klasik; Teori Modern; Pra kontrak

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Snell, Darryn, David Schmitt, Audra Glavas und Larissa Bamberry. „Worker stress and the prospect of job loss in a fragmented organisation“. Qualitative Research in Organizations and Management: An International Journal 10, Nr. 1 (09.03.2015): 61–81. http://dx.doi.org/10.1108/qrom-03-2014-1210.

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Purpose – The purpose of this paper is to advance research on job loss-related stress through a critical realism framework which considers the interplay between organisational context and personal agency and its implications for worker stress in the pre-lay-off stage. Design/methodology/approach – The paper adopts a qualitative case study approach and considers two groups of workers confronted with the prospects of job loss in Australia’s power generation industry – permanent employees working for power stations and workers employed by associated contractors. Field research and semi-structured face-to-face interviews were conducted with 35 power industry workers including power station employees and contract workers. Findings – The research shows permanent employees expressing higher levels of stress than contract workers. The different emotional responses expressed by the two groups are accounted for by differences in organisational circumstances and the conditioning of personal agency within these organisational contexts. Research limitations/implications – One of the implications is that “vulnerable” workers are better prepared for plant closure and less prone to stress. Additional research involving different types of industries, organisational forms, and workforces and involving different stages of the job loss experience, however, is needed to more full advance the understanding of the complexities between organisational structure, worker agency, and the stress implications. Practical implications – This study assists the authors in better understanding worker emotional experience in the pre-lay-off stage. These findings have important implications for workers, unions and social support agencies and how they can appropriately approach, prepare and assist different categories of workers confronted with job redundancy situations. Social implications – This study assists the authors in better understanding worker emotional experience in the pre-lay-off stage. The study has implications for the design and implementation of assistance packages for displaced workers. Originality/value – Unlike other studies which focus on the lay-off, unemployment or re-employment stage of job loss, this study focuses on the pre-lay-off stage. Conceptually, the study departs from the positivist paradigm which dominates much of the stress literature and adopts a nuanced approach inspired by critical realist understandings of the structure-agency relationship.

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Asiedu, Richard Ohene, Nana Kena Frempong und Gabriel Nani. „Parametric time overrun estimation of building projects“. Journal of Financial Management of Property and Construction 21, Nr. 3 (07.11.2016): 253–68. http://dx.doi.org/10.1108/jfmpc-10-2015-0037.

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Purpose Time overruns are commonplace within the construction industry. These result in deception because project managers critically assess the economic and financial viability of a project before implementation. Forecasting the likelihood of time overruns will not only lead to a reconsideration on the decision to build but also help put in place the necessary control measures – exactly what this research achieved. Design/methodology/approach The paper argues that rather than depending on the critical failure factors that are unknown at the pre-contract stage to forecast the likelihood of occurrence, it will be more useful to rely on project attributes that are known before contract signing. A multiple linear regression analysis is used for the model development based on ten independent variables. Findings About 86.6 per cent of all the projects experienced time overruns. The mean time overrun is 106.5 per cent. Initial contract sum, initial duration, gross floor area, contractor class D2K2, competitive tendering, sole sourcing and single-storey buildings explained about 44.7 per cent of the variations within time overruns, with a mean absolute percentage error of 60.7 per cent. Research limitations/implications The predictive accuracy of the model can, in practice, be tested after the completion of a project by comparing the actual project schedule with the planned schedule. Any disparity in the expected outputs should result in a reassessment of the significant independent variables to improve the forecasting abilities of the model. Practical implications The model is expected to be very useful at the pre-contract stage when detailed designs are unavailable. As a decision support system, it will help the practitioners and decision-makers make informed decisions while minimizing the time and resources spent to arrive at these decisions. Originality/value This research presents a unique opportunity to forecast the likelihood of time overruns within the building sector based on project attributes that are known before the contract-signing phase.

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Diputra, I. Gst Agung Rio. „Pelaksanaan Perancangan Kontrak dalam Pembuatan Struktur Kontrak Bisnis“. Acta Comitas 3, Nr. 3 (29.04.2019): 495. http://dx.doi.org/10.24843/ac.2018.v03.i03.p13.

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In business activities in Indonesia, the contract is a basic framework that is used as a frame of relations for economic actors. Contract may give rise to rights and obligations for the parties to make the contract. Thus the contract is very important in doing business in Indonesia. This condition serves as background of this research in frame of disclosing (1) How the stages to design business contract?; and (2) How to create a contract business structure? The research usesa type of normative legal research with a conceptual and legal approach. Analysis of legal materials collected in this research performed by a descriptive, interpretative, evaluative and argumentative analysis. The research result indicated (1) The stages to design contract onsisting of pre-contract stage, contract signing phase and post-contract stage. In the making of an agreement or contract, the parties to observe some very basic principles in the making of such contract. The principles are to understand the terms of the validity of an agreement, and the principles and elements of an agreement; (2) In designing good and correct contracting of business contracts, it is necessary precision and accuracy of the parties making an agreement or contract. In addition must meet procedural requirements that meet subjective and objective requirements. A good contract must be clear and detailed, concerning the subject, its object and the obligations of the parties and the sanctions imposed on the parties, as well as the clarity of procedures and procedures for the implementation of sanctions, and not contrary to all legal norms relating to the contract. In addition, additional requirements which contain safety clauses for the interest of the parties are also required. Dalam kegiatan bisnis di Indonesia, kontrak merupakan kerangka dasar yang digunakan sebagai bingkai dari hubungan bagi para pelaku ekonomi. Kontrak dapat menimbulkan hak dan kewajiban bagi para pihak yang membuat kontrak tersebut. Dengan demikian kontrak sangat berperan penting dalam berbisnis di Indonesia. Kondisi ini melatarbelakangi penelitian ini dalam rangka mengetahui (1) Bagaimana tahapan perancangan kontrak bisnis? dan (2) Bagaimana pembuatan struktur kontrak bisnis?. Penelitian ini mempergunakan jenis penelitian hokum normatif dengan pendekatan konsep dan undang-undang. Analisis bahan hokum dilakukan secara deskriptif, interpretatif, evaluatif dan argumentatif analisis. Hasil penelitian menunjukkan (1) Tahapan perancangan kontrak terdiri dari tahap prakontrak, tahap penandatangan kontrak dan tahap pasca kontrak. Pihak-pihak yang mrlakukan suatu perjanjian harus melihat prinsip yang menjadi dasar pada kontrak yang dibuat. Prinsip yang dimaksud seperti paham akan unsur dari perjanjian, asas dari perjanjian serta syarat sahnya suatu perjanjian; (2) Perlu cermat dan teliti oleh pihak-pihak yang melakukan suatu kontrak/perjanjian dalam merancang pembuatan struktur kontrak bisnis yang baik dan benar. Selain itu harus memenuhi syarat prosedural yaitu memenuhi syarat subjektif dan objektif. Sebuah kontrak yang baik harus jelas dan terperinci, menyangkut subjeknya, objeknya serta kewajiban para pihak beserta sanksi yang dibebankan terhadap para pihak, serta kejelasan cara dan prosedur pelaksanaan sanksi, serta tidak bertentangan dengan seluruh norma hukum yang terkait dengan kontrak. Selain itu diperlukan juga persyaratan tambahan yang berisi klausul pengaman untuk kepentingan para pihak.

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Tambunan, Santonius. „MEKANISME DAN KEABSAHAN TRANSAKSI JUAL BELI E-COMMERCEMENURUT KITAB UNDANG-UNDANG HUKUM PERDATA“. Badamai Law Journal 1, Nr. 1 (01.03.2016): 180. http://dx.doi.org/10.32801/damai.v1i1.257.

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The title ofthis studyis themechanismand thevalidity of thetransactione-commerce in terms ofArticle1320Indonesian Civil Law. The research method usedin this studyis the kind ofnormativeresearchthatexaminesthe norms, principles and legaldoctrinesrelating tothe issues raised. Thetype ofresearchthat researchers usein this studyare the type ofresearch on thelevel ofhorizontalsyncisthe norminterms of theInformation and Electronic Transaction Act withthe provisionsof Article1320Indonesian Civil Law.Offer and acceptance are the stages of pre online buying and selling contracts in e-commerce. In this process the good faith of the parties shall take precedence in the transaction. The momentum of the sales contract e-commerce can not be separated from the pre-contract stage. Although the mechanism is different transactions, but in general the contract e-commerce trading has occurred since the purchaser or consumer to send a message of acceptance of the products on offer to the seller (merchant). This suggests that the momentum of buying and selling contracts e-commerce more closely at the theory of acceptance (ontvangstheorie).Subjective terms in the transaction e-commerce are consent of the individuals who are bound thereby and capacity to conclude an agreement. While the objective terms are a specific subject and an admissible cause. Information and Electronic Transaction Act is a lexspecialis provisions of Article1320Indonesian Civil Law. However, in this Act only regulates consent of the individuals who are bound thereby and a specific subject, while capacity to conclude an agreement and an admissible cause has not been accommodated. Therefore, capacity to conclude an agreement and an admissible cause, can refer to the Civil Code as its lexgeneralis. Keywords: E-commerce, Sale and PurchaseTransaction, Mechanism, Validity

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Plecka, Przemysław, und Krzysztof Bzdyra. „The Software Cost Estimation Method Based on Fuzzy Ontology“. Foundations of Management 6, Nr. 2 (01.12.2014): 21–30. http://dx.doi.org/10.1515/fman-2015-0008.

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Abstract In the course of sales process of Enterprise Resource Planning (ERP) Systems, it turns out that the standard system must be extended or changed (modified) according to specific customer’s requirements. Therefore, suppliers face the problem of determining the cost of additional works. Most methods of cost estimation bring satisfactory results only at the stage of pre-implementation analysis. However, suppliers need to know the estimated cost as early as at the stage of trade talks. During contract negotiations, they expect not only the information about the costs of works, but also about the risk of exceeding these costs or about the margin of safety. One method that gives more accurate results at the stage of trade talks is the method based on the ontology of implementation costs. This paper proposes modification of the method involving the use of fuzzy attributes, classes, instances and relations in the ontology. The result provides not only the information about the value of work, but also about the minimum and maximum expected cost, and the most likely range of costs. This solution allows suppliers to effectively negotiate the contract and increase the chances of successful completion of the project.

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Tetuko, Bondan Bayu. „THE IMPLICATIONS OF THE EXISTENCE OF THE ALLEGED CRIMINAL ACTS OF CORRUPTION TOWARDS THE IMPLEMENTATION OF THE CONSTRUCTION CONTRACT“. Hang Tuah Law Journal 2, Nr. 2 (31.10.2018): 146. http://dx.doi.org/10.30649/htlj.v2i2.66.

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Construction contracts are civil relations, and is an agreement, principle principle in Book III Civil Code, and in construction contracts are generally used for the achievement of common goals. Fulfilling the needs of goods and services is an important part of governance, In connection with this the emergence of negative implications on the problem of the neglect of construction services in the process constrained indications of corruption. Contract cancellation stage in legal doctrine in Indonesia is only limited to contract and pre contract phase but also possible in the implementation phase by considering the principle of presumption of innocence as well as the principle of legal certainty, the implementation of construction contracts should proceed accordingly without having to override the legal process that runs from parties that are indicated to be corrupt. In the event that the construction contract is carried out in accordance with the basic principles of government procurement of goods / services that are efficient, effective, open and competitive, transparent, fair and accountable, in order to achieve development goals equally and in accordance with the mandate of the constitution of the Republic of Indonesia.

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Carpenter, Frank. „Construction Noise Prediction at the Planning Stage of New Developments“. Building Acoustics 3, Nr. 4 (Dezember 1996): 239–49. http://dx.doi.org/10.1177/1351010x9600300403.

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Construction noise prediction during the planning of new developments is recommended in BS5228, to identify where adjustments may be made to reduce noise from the works to acceptable levels. The standard includes a set of deterministic prediction methods, which it suggests may be used for this purpose. However, there seems to be little evidence that they are so used, probably because of the precise data and comprehensive application required to provide useful results. These data requirements are examined, in conjunction with the timing of the generation of information in pre-contract activities, to show that the level of detail necessary is not available. The various calculations involved, and the complexity of the construction process, are described briefly to illustrate the prohibitive amount of work that may be necessary for comprehensive application. The paper concludes that deterministic methods are not effectively usable in this context, and suggests some areas for study that may be helpful.

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Faraji, Amir, Maria Rashidi, Pegah Khadir und Srinath Perera. „A Risk Analysis‐Best Worst Method Based Model for Selection of the Most Appropriate Contract Strategy for Onshore Drilling Projects in the Iranian Petroleum Industry“. Buildings 11, Nr. 3 (05.03.2021): 97. http://dx.doi.org/10.3390/buildings11030097.

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The pre-project planning phase has a significant impact on the achievement of project objectives because during this stage, major decisions including involving contract strategies are made with a high degree of uncertainty. Studies show that the contract type can play a unique role in the achievement of project success. On the other hand, drilling projects can be considered as one of the most critical types of projects in the petroleum industry. In this research, a novel risk based best-worst method (risk-BWM) is proposed for solving the issue of selecting the best contract strategy. A three level methodology was designed; firstly, the risk breakdown structure (RBS) of drilling projects was created in four levels including one heading in level 0, eight main areas of risk in level 1, 34 sub-areas of risk in level 2, and finally, 217 risk items in level 3. Secondly and on the basis of BWM, the weights of risk factors were determined as the selection criteria and consequently the best and the worst criteria were specified. Finally, using pair-wise comparisons between six types of drilling prevalent in contracts, the most appropriate contract type was proposed. The contribution of this study is the development of a generic RBS for drilling projects and application of the risk factors for the first time for the selection of contract type using the BWM method, which has the potential of being adapted for other types of underground projects.

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Egorova, Olga. „Vehicle insurance: prospects of judicial dispute resolution“. SHS Web of Conferences 94 (2021): 04005. http://dx.doi.org/10.1051/shsconf/20219404005.

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In the Russian Federation, the vehicle insurance sector is gaining more and more prevalence and importance, which is due not only to the annually increasing number of road accidents occurring, but also to the digitalization paradigm of the entire Russian society. Any interested person who has suffered damage has the intention to restore his rights, including property rights, which is not always possible at the pre-trial stage of the development of a vehicle insurance conflict. Despite attempts to legislatively reform the pre-trial procedure for resolving disputes in cases arising from the vehicle insurance contract aimed at increasing guarantees of the rights of consumers of financial services, the judicial procedure for resolving such disputes does not lose its relevance. The judicial protection of the consumer financial services rights reveals the issue of court interpretation of legal texts, in particular, the rules of insurance and the vehicle insurance contract concluded by the consumer of financial services with the insurer. In the texts of such agreements, financial organizations specify the types of insurance events that do not fall under the signs of an insured event, which is the basis for compensation for damage caused. The correctness of the consideration and resolution of the dispute actually depends on the correct interpretation of these legal texts.

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Putri, Bunga Nurwiyatin. „WEDDING TRADITION OF SUNDA CULTURE IN ISLAMIC LAW PERPECTIVE“. SHAKHSIYAH BURHANIYAH: Jurnal Penelitian Hukum Islam 5, Nr. 2 (06.07.2020): 143–62. http://dx.doi.org/10.33752/sbjphi.v5i2.1631.

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This article is the result of a qualitative field research. This article discusses a series of Sundanese traditional marriages from the perspective of Islamic law. The research location is in Caringin Village, Tegal Panjang Village, Sucinarja District, Garut Regency. This study concludes that the series of Sundanese traditional wedding ceremonies are not in conflict with fiqh law. The series consists of a) pre-marriage stage; b) stage of the marriage contract; and c) post-marriage contract stage. The three sets of Sundanese marriage traditions are in harmony with the law of fiqh. This argument is built by analyzing the three series with the jurisprudence of the four schools of thought, istihsan bi maqasid al-shariah, isthsan bi al'urf, and the text of the argument. Keywords: Sundanese traditional marria, Islamic law, urf, maqasid shari’ah Abstrak Artikel ini adalah hasil penelitian kualitatif lapangan. Artikel ini mendiskusikan rangkaian pernikahan adat Sunda dengan perspektif hukum Islam. Lokasi penelitian berada di kampung caringin desa tegal panjang kecamatan sucinarja kabupaten garut. Penelitian ini menyimpulkan bahwa rangkaian upacara pernikahan adat sunda semuanya tidak bertentangan dengan hukum fiqih. Rangkaian itu terdiri a) tahap pra nikah; b) tahap akad nikah; dan c) tahap pasca-akad nikah. Ketiga rangkaian tradisi pernikahan sunda selaras dengan hukum fiqih. Argument ini dibangun dengan menganalisis ketiga rangkaian tersebut dengan fiqih empat mazhab, istihsan bi maqasid al-shariah, isthsan bi al’urf, serta dalil nas. Kata Kunci: pernikahan adat Sunda, hukum islam, ‘urf, maqasid shari’ah

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Graboviy, Petr, und Vitaly Berezka. „Risk modeling at the pre-investment phase of nuclear powerplant construction on the international market“. Real estate: economics, management, Nr. 1 (17.05.2021): 59–69. http://dx.doi.org/10.22337/2073-8412-2021-1-59-69.

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Involvement in the construction of nuclear power plants worldwide is a promising direction for developing the re-search and technological potential of engineering and general contracting companies in Russia. Nevertheless, Russian companies, involved in the construction of nuclear power plants (NPPs) abroad, need to adapt to foreign jurisdictions, their requirements and rules applied to the construction of hazardous industrial facilities, as well as unique social, economic and physical environments. In this regard, international activities, performed by Russian companies, are associated with uncertainty and risks that require the study and systematization of risk factors and development of risk management models. The statistical data, covering the recent ten-year period, illustrates the level of uncertainty and problems arising in this area. Over 60 % of nuclear reactors worldwide are built with a delay in construction. The consequences of such delays boost project costs. Major international corporations, implementing nuclear power plant construction projects abroad, consider the insufficient pre-project study of project organization and management issues at the stage of entering into an EPC (M) contract to be the risk factors arising in the pre-investment phase. Risk management modeling is considered as the main element of the system designated for managing the organizational and economic reliability of the pre-investment phase of NPP construction in the international market. It includes: (a) structuring a multiparametric risk factor space based on four sources, including, on the part of the customer, the EPC (M) contractor, the contract and the external environment; (b) a pre-investment risk management model, applicable to NPP construction abroad, to be based on the overall project risk P(rt1); (c) a mathematical model for selecting a project implementation option based on the multicriterial optimization of the future-oriented project plan-schedule.

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Hernoko, Agus Yudha. „ASAS PROPORSIONALITAS SEBAGAI LANDASAN PERTUKARAN HAK DAN KEWAJIBAN PARA PIHAK DALAM KONTRAK KOMERSIAL / The Principle Of Proportionality As The Basis Exchange Rights And Obligations Of The Parties In The Commercial Contract“. Jurnal Hukum dan Peradilan 5, Nr. 3 (29.11.2016): 447. http://dx.doi.org/10.25216/jhp.5.3.2016.447-466.

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Dalam kontrak komersial, perdebatan “semu” mengenai “keadilan dan keseimbangan” yang berujung pada “ketidakadilan dan ketidakseimbangan” posisi para kontraktan pada dasarnya tidak relevan lagi untuk diungkapkan. Hal ini didasari pertimbangan bahwa dalam kontrak komersial posisi para pihak diasumsikan setara, baik pada tahap proses negosiasi (pre-contractual phase), pembentukan kontrak (contractual phase) maupun pelaksanaan kontrak (post contractual phase). Sementara itu, hasil pertukaran kepentingan para kontraktan dianggap adil apabila berlangsung secara proporsional. Proporsionalitas pertukaran hak dan kewajiban dalam kontrak komersial tidak menuntut hasil yang selalu seimbang-sama (equilibrium-matematis), oleh karenanya perbedaan hasil dianggap adil dan diterima secara wajar apabila proses pertukaran hak dan kewajiban berlangsung proporsional. Penerapan asas proporsionalitas dalam seluruh mata rantai proses kontraktual pada dasarnya merupakan perwujudan doktrin “keadilan berkontrak” yang dianut dan dikembangkan dewasa ini. In commercial contracts, the debates about 'fairness and balance' that led to the 'injustice and imbalance' position of the parties basically irrelevant to be disclosed. It is based on the consideration that the positions of the parties in commercial contracts is similar on the stage of the negotiation process (pre-contractual phase), the formation of the contract (contractual phase) and the execution of the contract (post-contractual phase). Meanwhile, the results of the exchange of the interests of the parties considered fair if it lasts proportionally. The proportionality of exchange of rights and obligations undercommercial contracts do not demand results that are always balanced and same (equilibrium-mathematically), therefore the differences in the results are considered fair and reasonably acceptable if the exchange process of the rights and obligations stay proportional. Application of the principle of proportionality in the whole chain of contractual process is basically a manifestation of the doctrine of "fairness of contract" adopted and developed today.

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Kordana, Kevin A., und David H. Blankfein Tabachnick. „THE RAWLSIAN VIEW OF PRIVATE ORDERING“. Social Philosophy and Policy 25, Nr. 2 (02.06.2008): 288–307. http://dx.doi.org/10.1017/s0265052508080278.

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The Rawlsian texts appear not to be consistent with regard to the status of the right of freedom of association. Interestingly, Rawls's early work omits mention of freedom of association as among the basic liberties, but in his later work he explicitly includes freedom of association as among the basic liberties. However, freedom of association would appear to have an economic component as well (e.g., the right to form a firm). If one turns to such “private ordering” (e.g., contract, partnership, and corporate law), we find a similar ambiguity in the Rawlsian texts, as well as sharp divisions in the contemporary literature on Rawlsianism. This ambiguity has engendered widespread confusion over the scope of the two principles of justice—leading to the contemporary dispute over the breadth of what Rawls calls the “basic structure” and the question of whether the principles of justice are properly understood to govern private ordering. There is significant disagreement over the breadth of Rawls's basic structure—one aspect is whether the principles of justice apply to the private law. In a controversial passage in Political Liberalism Rawls addresses this question. This passage has, however, led commentators to reach divergent conclusions. We argue that this disagreement is explained by an instructive confusion in the passage over the distinction between what we characterize as “pre-institutional” and “post-institutional” freedom (vis-á-vis contract and property). The passage, we argue, illicitly shifts from invoking the post-institutional sense of “freedom” to the pre-institutional sense, thereby causing significant though understandable disagreement. Rawls's lapse into the pre-institutional conception of “freedom” provides interpretive grounds for the narrow understanding of the basic structure. If Rawls, however, had invoked the sense of “freedom” to which he is entitled at this stage of his theory—the post-institutional conception—such disagreement need not have arisen.

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Walimuni, Piumi Chethana, Aparna Samaraweera und Lalith De Silva. „Payment mechanisms for contractors for better environmental hazard controlling in road construction projects“. Built Environment Project and Asset Management 7, Nr. 4 (14.09.2017): 426–40. http://dx.doi.org/10.1108/bepam-11-2016-0069.

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Purpose There is a growing concern that contractors can be motivated for environmental protection through effective fund allocation and proper payment mechanisms. However, an in-depth analysis of environmental hazard-controlling methods and related payments to the contractor in road construction in Sri Lanka is not much popular among the extant literature. Thus, the purpose of this paper is to explore different payment mechanisms that are being used with environmental hazard-controlling methods, to achieve better control in such hazards in Sri Lankan road construction projects. Design/methodology/approach This research was approached through a mixed research method. Initially, hazard-controlling methods and relative payment mechanisms for the contractor were identified through three exploratory case studies using interviews, observations and document survey. Next, the relative effectiveness of payment mechanisms for contractors for better environmental hazard controlling was identified through a questionnaire survey with a sample of 45 professionals involved in 15 road construction projects. Findings Based on the findings, a comprehensive list of environmental hazard-controlling methods was derived. Furthermore, four types of payment mechanisms were identified: (A)-payments, where a unit price was assigned; (B)-payments, where a provisional sum was established in the contract; (C)-payments, where fixed amounts (lump sums) were assigned in the contract and (D)-payments made along with some main work item in the contract. Relative effectiveness of these four mechanisms for better control of environmental hazards was varied for each hazard-controlling method being practiced in a road construction project. Originality/value These findings would be more beneficial for consultants, project managers, bidders and estimators in the pre-contract stage. This is by identifying cost items for environmental hazard controlling and selecting relatively more effective payment mechanisms to motivate contractors for better control of environmental hazards during project execution.

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Kratenko, M. V., und O. J. Luik. „Modern Concept of Indemnity Insurance and Prospects for Its Implementation in Russian Law“. Вестник Пермского университета. Юридические науки, Nr. 50 (2020): 762–86. http://dx.doi.org/10.17072/1995-4190-2020-50-762-786.

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Introduction: the division of insurance into indemnity insurance and insurance of fixed sums is as common in European legal doctrine as the differentiation between property and personal insurance in Russian law. The article investigates the functions and main features of indemnity insurance and modern trends in legal regulation of this type of insurance. Purpose: to demonstrate the evolution of the compensation insurance model, caused, among other things, by the penetration of the pro-consumer approach in insurance law; to assess the current state of Russian legislation on insurance contract and the proposals for its reform (formulated in Draft revision of Chapter 48 of the Civil Code) from the perspective of the indemnity insurance model. Methods: the authors apply a comparative legal research method to the legislation and doctrine of Russia, Estonia and other EU member states, model acts of insurance law (Principles of European Insurance Contract Law[1]), and also use methods of retrospective analysis. Results:the authors conclude that the indemnity insurance model is still based on long-established principles (necessity of insurance interest, good faith, etc.), although their interpretation may change over time. In addition, the strengthening of pro-consumer ideas has a significant impact on contractual relationship in indemnity insurance: the standard of requirements to the policyholder (insured person) and his liability for breach of contractual duties have been softened, while the level of requirements to the insurer as a professional subject is increasing. This is reflected in formalization of the information duty of the policyholder at the pre-contractual stage, replacement of the all-or-nothing principle by the principle of proportionality when imposing sanctions on the policyholder, including mandatory testing for the causal link between the breach of contract and materialization of risk or increase in damage. It is concluded that the Russian legislation on insurance contract requires a conceptual reform, including through the consistent introduction of the proportionality principle in all cases when sanctions are applied to the policyholder.

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Sukačić, Marko. „Dvojbena pravna narav kupnji na pokus“. Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, Nr. 3 (2020): 1207–27. http://dx.doi.org/10.30925/zpfsr.40.3.10.

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The paper deals with the sale on approval of horses and mules shown in D.19,5,20 pr.- 1 (Ulpianus libro 32 ad edictum) and the existing theories on the legal position of the parties in the source. The first part of the paper sets out principium of D.19,5,20, where Ulpian quotes Labeo, and his description of the sale on approval of horses, concluded between the seller and the acrobatic rider – desultor, with a detailed analysis of the interpretations of relevant romanists. The principium is analyzed with the reference to dominant theories: theses on the suspensive and/or resolutive condition pactum displicentiae, on the innominate contract, and on pre-contractual acts. This is followed by an analysis of Ulpian’s sequel in the first paragraph of D.19,5,20 with a quotation of Mela, where he describes the sale on approval of mules, which are stolen during the test period, with Ulpian’s quote of Mela’s dilemma and of comparison with his own. Next part of the paper contains theories and interpretations of the legal nature of the relationship between the parties and the stage of contract. In conclusion, author presents his own position on the both presented situations, the legal nature of the relationship between the parties, and finally on the legal problem raised by Ulpian in the cited sources.

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Południak-Gierz, Katarzyna. „Consequences of the Use of Personalization Algorithms in Shaping an Offer – A Private Law Perspective“. Masaryk University Journal of Law and Technology 13, Nr. 2 (30.09.2019): 161–88. http://dx.doi.org/10.5817/mujlt2019-2-2.

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Personalization mechanisms in consumer e-commerce allow for the adjustment of the time, form and manner of contact, the way of concluding the contract and the availability and content of the offer. Subsequently concluded agreements can be seen as a new phase of development of the consumer transaction model – secondary individualization replaces standardization. The possibility of concluding contracts on a massive scale is retained, but with added granularity and flexibility that mimic the individualisation of transactions. Special provisions for personalized contracts are missing on the EU level and within the Polish legal system.The starting point is an analysis of the reaction of the traditional private instruments of Polish law towards the personalization of offers – case law and doctrinal approach towards the concept of a standard contract and an individually negotiated one are examined. Next, the pre-contractual stage is investigated – the personalization process is explored from the perspective of unfair practices regulation, and the legal basis for the personalization process in the context of the GDPR is discussed. While Polish national law focuses on combating the undesired results of personalization, the EU initiatives aim at granting ex-ante protection. The mechanism in directive 2005/29/EC is being supplemented with an information protection mechanism (consent requirement). The limitations of this model are identified and some alternative solutions are proposed.

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Hills, William, I. L. Buxton und Robert G. Maddison. „Design for Steelwork Production During the Concept Design Phase“. Journal of Ship Production 6, Nr. 03 (01.08.1990): 151–63. http://dx.doi.org/10.5957/jsp.1990.6.3.151.

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Methods of improving the level of pre-contract design definition and the quality of information relating to steelwork are described. This information is combined with a comprehensive database of manufacturing process information to provide a system for estimating the work content of the main structural steelwork of ships such as roll-on/roll-off vessels. Procedures are described which facilitate consistent estimates to be made while minimizing data-handling requirements and increasing the flexibility of the method at the concept design stage. Applications are described which demonstrate the use of the system in investigations which examine the variation of factors which influence labor cost. The factors examined include the effect of changing midship block breakdown and length of productive day. Suggestions are made as to how the system can be used to assess the importance of those factors which may improve overall yard production efficiency and assist in the planning function.

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Муратова, Ольга, und Olga Muratova. „PRE-CONTRACTUAL RELATIONS IN INTERNATIONAL COMMERCIAL TURNOVER: SPECIFICITY AND TENDENCIES OF LEGAL REGULATION“. Journal of Foreign Legislation and Comparative Law 3, Nr. 3 (10.07.2017): 69–76. http://dx.doi.org/10.12737/article_593fc343b94613.23365582.

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The article is devoted to analysis of specifics and trends of legal regulation of pre-contractual relations in international commercial turnover. The emergence of disputes arising from pre-contractual relations, the recognition of the doctrine of culpa in contrahendo, which appeared in the late nineteenth century and helped to establish the Institute that meets the needs of the international commercial turnover in the XXI century. The determining factor in the formation of the new Institute of pre-contractual relations of the Russian civil law are the successes of the foreign national codifications of private law and the unification of international private law in the European Union in the framework of non-governmental organizations: International Institute for the Unification of Private Law (UNIDROIT), the Hague conference on private international law, etc. These achievements prefaced the inclusion in the civil code provisions on pre-contractual relations by putting the question of formal recognition of their existence as an independent Institute of the civil law on the legal consequences occurring as the result of unfair behavior at the pre-contractual stage. The author also draws attention to the complexity of the recognition of those or other actions of potential contractors of the existence of pre-contractual relations, which raises the question of whether their formalization through written fixation. In addition, the author considers the problem of implementation in the Russian legislation the principle of autonomy of will of parties to select the law applicable to pre-contractual relations. At the end the author comes to a conclusion that the most suited to modern commercial reality is an approach, according to which the principle of autonomy of will of the parties is a fundamental criterion for determining the law applicable to pre-contractual relations. The choice of such rights must be granted to the parties pre-contractual relations, as the conclusion of the main contract or after its conclusion (for example, if you have any pre-contractual dispute).

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Heinze, Eric. „‘Were it not against our laws’: oppression and resistance in Shakespeare's Comedy of Errors“. Legal Studies 29, Nr. 2 (Juni 2009): 230–63. http://dx.doi.org/10.1111/j.1748-121x.2008.00114.x.

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The Comedy of Errors, always loved on the stage, has long been deemed less substantial than Shakespeare's ‘mature’ works. Its references to private and public law have certainly been noted: a trial, a breached contract, a stand-off between monarchical and parliamentary powers. Yet the play's legal elements are more than historical curios within an otherwise light-hearted venture. The play is pervasively structured by an array of socio-legal dualisms: master–servant, husband–wife, native–alien, parent–child, monarch–parliament, buyer–seller. All confront fraught transitions from pre-modern to early modern forms. Those fundamentally legal relationships fuel character and action, even where no conventionally legal norm or procedure is at issue. ‘Errors’ in the play serve constantly to highlight unstable and shifting relationships of dominance and submission. Law undergoes its own transition from feudal–aristocratic to commercial forms. Through a theatrical framing device, it thereby re-emerges to remind us that those dualisms, even in their new incarnations, will remain squarely within law's ambit.

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Khodeir, Laila, und Youhansen Salahel Dine. „The Impact of Integrating Occupational Safety and Health into the Pre-Construction Phase of Projects: A Literature Review“. Academic Research Community publication 2, Nr. 3 (18.12.2018): 173. http://dx.doi.org/10.21625/archive.v2i3.357.

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Construction is a high-risk industry owning to several accidents that take place in construction sites. Fatalities and workplace injuries are a major issue. Construction managers concentrate on profitability as far as cost, quality, and time are concerned. Unless experts end up mindful of safety-related issues, development tasks can never reach their targets. The main aim of this paper is to review the literature that highlights the result of the implementation of occupational health and safety practices in construction sites. The research examines the impact of the implementation on the number of accidents in construction sites and the precautions that should be taken into consideration starting from the pre-construction stage. Previous research suggested that early introduction of occupational safety & health management systems (OHSMS) and elements within the project implementation is an important asset in decision-making. It aims toward the abatement of occupational hazards in the workplace. The paper explores through a literature review the root causes of construction accidents and factors causing risks in construction sites. The research explains OSHMS, and its effects, and how they can be integrated into the pre-construction stage in projects. The impact of the implementation of occupational health and safety practices at construction sites will be discussed as well. The study concluded that due to implementing OHSMS, there is a significant reduction in accidents. In order to improve security and health, safety measures should be included starting from the preparation of contract documents. It is recommended that the managers of top construction companies commit more to safety and health procedures. There is a need to provide funding for the regulatory body that oversees health and safety in the construction industry.

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Amayreh, Osama Ismail Mohammad, Izura Masdina Mohamed Zakri, Pardis Moslemzadeh Tehrani und Yousef Mohammad Shandi. „The Principle of Good Faith in the Palestinian Civil Code Draft and Its Role in Maintaining Economic Contractual Equilibrium at the Pre-Contracting Phase“. Journal of Politics and Law 12, Nr. 3 (23.08.2019): 113. http://dx.doi.org/10.5539/jpl.v12n3p113.

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The jurisprudential and judicial legal trend tends to apply the principle of good faith at the pre-contracting phase as one of the most substantial principles governing this phase, since it is inconceivable that the parties are to negotiate in bad faith, and then must implement the contract in good faith, in accordance with the traditional legal rule that “fraud spoils everything it touches”. However, the Palestinian legislature has ignored enacting legal provisions obliging the parties to abide by the principle of good faith in the pre-contracting phase causing a legislative deficiency in the legislative remedies of the subject of good faith in the pre-contracting phase. This paper seeks to prove that replacing a provision that requires good faith in negotiations with the provisions of tort liability causes many legal problems. To prove this, the legal provisions should be analysed which would also include determining the definition of the principle of good faith, and the function of that principle in achieving contractual equilibrium and the legal basis for this principle at the stage of negotiation which should also be analysed. Moreover, a comparative analytical approach with the French civil code is used to illustrate the Palestinian legislative deficiencies and the need to legislate a legal article which obligates the negotiating parties to behave in good faith, as this has become an unavoidable reality that should be dealt with to contribute to the stability of civil and commercial transactions. As such, the legal article should also specify the compensation to be claimed.

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Fathullah. „Pandangan Hukum Islam tentang Denda Akibat Pembatalan Pinangan (Khitbah) oleh Pihak Perempuan“. Asy-Syari’ah : Jurnal Hukum Islam 5, Nr. 2 (15.06.2019): 151–63. http://dx.doi.org/10.36835/assyariah.v5i2.119.

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Khitbah or application or proposal is a preliminary or pre-marriage period between a man and a woman, as a first step before the two carry out the marriage contract, so that each knows the candidate. The sermon itself must still be answered “yes” or “no”. If it has been answered “yes”, then be the woman as “makhtubah” or the woman who is officially applied. In connection with this engagement in society there is a habit at the time of its implementation, the prospective bridegroom gives a gift such as jewelry, money, food and produce as a sign that someone really intends to continue the marriage stage. the consequences of giving the prize are different from giving in the form of dowry Giving a grant that is not halal withdraws the grant, if he gives a grant voluntarily (charity), not for compensation. While the grantor who still has the right to withdraw the grant, if the grant is given in return for something that will be received, but he does not get it. Keyword: Islamic Law, Khitbah, Islamic Law

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Gideon Musau, Enock. „Procurement Performance Practices and Waste Management in Textile Manufacturing Firms in Nairobi City County“. International Journal of Managing Value and Supply Chains 11, Nr. 4 (30.12.2020): 1–13. http://dx.doi.org/10.5121/ijmvsc.2020.11401.

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Waste management in Kenya’s urban centers is becoming a momentous task considering the country’s desire for a middle income industrial economy. The National Environment Management Authority (NEMA) is concerned with the growing rate of waste generation that does not match the rate of collection. Among the industrial sectors that are poised to play a significant role in realization of the middle income industrial status is the textile sector. However, this is a sector that contributes to high volumes of waste generation in Kenya. Yet, it is envisaged that adoption of waste-sensitive procurement could be the panacea to waste management in the sector. The purpose of this study was therefore to investigate the effect of procurement performance practices on waste management in textile firms in Nairobi City County. This study was grounded on the positivist research paradigm in adopting the ex-post facto research design, to interrogate the direct effects of the three procurement practices on waste management. Cochran’s ample size formula was used to decide on a sample size of 142 employees. Stratified and simple random sampling techniques were used to draw the required sample of employees from the respective textile firms. Data were collected using a structured questionnaire comprising of four sections in line with the four constructs under study. Multiple regressions analyses were run to test the postulations made. The study confirmed that textile firms under investigation were not emphasizing more on waste prevention and minimization when procuring materials. This was deemed to be serious considering that supplierprequalification, invitation to tender, and contract structure were all found to be significant and positive predictors of waste management in the textile firm’s context. The conclusions made from the study findings were that; textile firms in Nairobi City County were facing the challenge of waste management due to their laxity in emphasizing waste-sensitive procurement practices. The firms however stand to gain by leveraging upon supplier pre-qualification, invitation of bids, and contract structure that are centric to waste generation. The findings of this study contribute to the theory and practice of waste management by showing that, waste is best managed at the procurement stage. This therefore implies that textile and waste management stakeholders have the onus of coming up with waste management parameters which, supplier pre-qualification, invitation to tender, and contract structure processes should aim at. Future studies should take into account other procurement practices that can be engaged to prevent and minimize waste. Moreover, there may be need to expand the geographical scope of the firms in order to boost external validity

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Gnanlet, Adelina, und Hyun-cheol Paul Choi. „Impact of non-homogenous distributor's preferred allocation on shortages in hospitals“. Management Decision 52, Nr. 3 (13.05.2014): 624–41. http://dx.doi.org/10.1108/md-04-2013-0224.

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Purpose – Hospitals procure high volumes of medical supplies through large distributors in order to leverage economies of scale. However, when shortages hit, hospitals incur high penalty costs by purchasing from secondary markets. In this paper, the authors counter the hospital's typical purchasing strategy that a collaborative relationship with a large, Tier I medical supply distributor is beneficial under all conditions. The paper finds that during shortages the more beneficial strategy is for the hospital to add a medium-sized, Tier II distributor who offers a transactional relationship and is willing to provide a “preferred allocation” in return for a pre-committed annual purchase contract. The paper aims to discuss these issues. Design/methodology/approach – The authors assume availability of order volume to be a stochastic process and formulate the problem as a two-stage stochastic programming model, with optimal allocation in the second stage. The authors analyze the first-stage objective function using full-factorial numerical experimentation and perform a complete search for optimal volume mix. In addition, the model accounts for purchasing relationship, shortage cost, and varying price discount schedules. Findings – Under no shortage situation, hospitals purchase its entire order volume from Tier I distributor. However, during shortages, for any increase in preferred allocation from the Tier II distributor, hospitals purchase high volumes from the Tier II distributor except when preferred allocation and availability is high. The paper finds that the average cost savings for the use of preferred allocation is 16.14 percent. Originality/value – Existing purchasing literature focusses on the benefit of using single/multiple homogenous distributors under all conditions. In this paper, the authors examine the benefit of using non-homogenous distributors under conditions of shortage when one of them is willing to provide preferred allocation under varying price discount schedules.

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Qonitun, Umu. „The Effect Of Massage Effleurage On Pain Intensity And Length Of Labor I In The Normal Inpartu In Tuban District“. Jurnal Midpro 12, Nr. 1 (30.06.2020): 105. http://dx.doi.org/10.30736/md.v12i1.187.

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The labor process is characterized by a physiological pain that is pain that occurs when the muscles contract in an effort to open the cervix and push the baby's head towards the pelvis. Effleurage is a slow massage of the abdomen or other body parts during contractions, warm compresses are actions to meet the needs of a sense of comfort, reduce pain.The method used is experimental analytic with pre-experimental design (Static-group comparation design). The population of all normal delivery mothers in the first active phase in the Delima Midwife in the District of Tuban was 46 people, a large sample of 18 respondents using systematic random sampling. Data collection instrument comparative pain scale observation sheet. Analysis of research using the t-Test (Independent t-Test).Statistical test results show the effect of massage effleurage on the intensity of first stage active labor pain in normal delivery mothers in Delima Midwives in Jadi Village, Tuban District with p value massage effleurage 0.03 while the effect of massage effleurage on the duration of first stage active labor in normal birth mothers in normal birth mothers Delima Village Midwife Becomes Tuban District with a p value of 0.04.Based on the results show that massage effleurage can be used as a method in dealing with labor pain in the first phase of active phase so that the delivery process becomes more comfortable, for this research it can be used as an additional reference for health workers, educational institutions and further researchers to deliver labor to the public.

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Masik, Mariya Zinovievivna. „FEATURES OF RISK MANAGEMENT AFTER REALIZING PPP PROJECTS“. UKRAINIAN ASSEMBLY OF DOCTORS OF SCIENCES IN PUBLIC ADMINISTRATION 1, Nr. 12 (14.02.2018): 179–90. http://dx.doi.org/10.31618/vadnd.v1i12.90.

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The article is devoted to the clarification of the peculiarities of risk management during the implementation of PPP projects. The author identifies a set of risks for a private partner, business risks of PPP projects and the main risks associated with the protests of the public, as well as public and international organizations. The typical risks of PPP projects are presented, including force majeure, political risks, profitability risks, operational, construction, financial risks, and the risk of default. The world experience of sharing risks between the partners is presented. Also named are the main methods for assessing the risks of PPP projects. It has been determined that the conditions on which the parties should reach agreement in order for the contract to be concluded are essential. Risk management can be implemented within the framework of the essential conditions for the allocation of risks. However, the provisions of the law provide for the allocation of only those risks identified by the results of an analysis of the effectiveness of the PPP project. Legislation does not directly determine how risks can be allocated to the risks identified during the pre-contract negotiations (or even at a later stage), but not taken into account in the analysis of efficiency. For example, suggestions on the terms of the partnership agreement as part of the bidding proposal may include suggestions on risk management mechanisms. There are no definite and can not be fully defined possible ways of managing risks in view of their specificity for a particular project. For this purpose, it is advisable to provide for a period of familiarization with the draft tender documentation and the possibility of making changes to it based on the findings received from potential contestants. It is also advisable to foresee cases in which it is possible to review certain terms of the contract without a competition. It is substantiated that the law does not restrict the possibility of foreseeing specific terms of an agreement on the implementation of the PPP project or to conclude additional (auxiliary) contractual instruments (for example, an investment agreement). At the same time, when laying down conditions not provided for by law, it is necessary to take into account the scope of competence of the state partner. Also, in order to ensure the principle of equality of conditions, the state partner should provide such additional conditions in the tender documentation.

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O’Connell, M. J., S. Paik, G. Yothers, J. P. Costantino, J. W. Cowens, K. M. Clark, J. Baker, J. Hackett, D. Watson und N. Wolmark. „Relationship between tumor gene expression and recurrence in stage II/III colon cancer: Quantitative RT-PCR assay of 757 genes in fixed paraffin-embedded (FPE) tissue“. Journal of Clinical Oncology 24, Nr. 18_suppl (20.06.2006): 3518. http://dx.doi.org/10.1200/jco.2006.24.18_suppl.3518.

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3518 Background: As an initial step in developing abetter method of assessing prognosis following potentially curative surgery for colon cancer, we performed an exploratory gene identification study. Methods: RNA was extracted from three 10-micron sections of the FPE tumor tissue obtained at the initial diagnosis from 353 patients entered between 1977 and 1984 into the surgery-only or surgery-plus BCG arms of NSABP C-01/C-02. Expression was quantified for 757 cancer-related and reference genes with RT-PCR. Results: Blocks from 270 patients were evaluable after pre-specified exclusions: 128 were stage II and 142 were stage III. All patients had ≥ 5-year follow up. In univariate Cox proportional hazard analyses, 148 genes exhibited a nominally significant (unadjusted p-value <0.05) linear association with recurrence-free interval (RFI) (7 genes p≤0.001, 66 genes 0.001<p<0.01; 75 genes 0.01≤p<0.05). False discovery rate calculations suggest that about 25% of the 148 genes are expected to be false positives. Higher expression was associated with shorter RFI for 118 genes including SERPINB5, DUSP1, AKT3, TIMP1, ANXA2, RHOB (p≤ 0.001) and with longer RFI for 30 genes including BRCA1 (p≤0.001). The relationship between gene expression and RFI was similar for stage II and stage III patients for 143 of the 148 genes found to be significant. The largest cluster of genes is functionally related to extracellular matrix remodeling. The magnitude of the hazard ratios is similar to that observed in the early Oncotype DX studies in breast cancer and should allow clinically useful separation into low/intermediate/high risk groups. Conclusions: Quantitative RT-PCR assay of FPE colon cancer tissue can be used to identify large numbers of genes associated with RFI in patients with stage II and III colon cancer. If these results are confirmed by additional studies in progress, this technique has promise to improve selection of colon cancer patients for adjuvant chemotherapy. Funded in part as a collaborative arrangement under contract between the NSABP Foundation, Inc., and Genomic Health, Inc. [Table: see text]

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Ardyo, Bebeto. „Formulasi Pengaturan Tahapan Pra Kontrak dalam Proses Pembentukan Kontrak di Indonesia“. JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, Nr. 02 (12.06.2020): 84–93. http://dx.doi.org/10.24123/yustika.v22i02.2406.

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The increasement of human needs in society goes hand in hand with the development of technology. To meet these needs, there must be interaction between people which sometimes has the potential to cause disputes. That’s why a contract is needed. The existence of a contract guarantees legal certainty regarding protection of the rights of the parties and also the obligations that they must fulfill. There are several stages of contract formation which consist of pre-contract and agreement between the parties. According to the system in the Book III of Indonesia’s Code of Civil Law, consensus is the base for the formation of contract that means once the agreement has reached between the parties then a contract is formed. Indonesia’s Code of Civil Law doesn’t yet regulate pre-contract stages of contract formation, even though these stages are equally important. The regulation of pre-contract stages are usually set in the common law system, but along with the times, the regulation of pre-contract stages should also be regulated in the civil law system. As a comparison, Het Nieuw Burgerlijke Wetboek (New Civil Code of Netherlands) has already regulated that pre-contract stages, although the Netherlands is a country that implements civil law system. The pre-contract stages are very important to be regulated in Indonesia because there are many potential pre-contractual issues. This paper aims to formulate the outline of what needs to be regulated in the pre-contract regulations. Keywords : Interaction, Contract, Formation, Civil Code

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Simma, Bruno. „FOREIGN INVESTMENT ARBITRATION: A PLACE FOR HUMAN RIGHTS?“ International and Comparative Law Quarterly 60, Nr. 3 (Juli 2011): 573–96. http://dx.doi.org/10.1017/s0020589311000224.

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AbstractThe protection of foreign investment by way of treaties and arbitration has recently suffered attacks on its legitimacy. The article turns on human rights concerns in this context and analyses what legal mechanisms and arguments can be employed to ease the tension between investment protection and human rights. Harmonization in this regard finds two key entry points: first, at the inter-State level of investment agreements, and secondly, at the intra-State level of the foreign investment contract. At the first level, human rights considerations, particularly concerning economic and social rights, can be brought to bear by way of their systematic integration qua treaty interpretation. The article subjects this inroad to close scrutiny but concludes that, while it possesses considerable merits and has attracted a certain attention (albeit still more in the academic world than in that of arbitration practice), it remains an approach ex post, possibly leaving excessive discretion to arbitrators. Thus, at the second level, already at the pre-investment stage, efforts should be made to recast investors' “legitimate expectations” under foreign investment contracts by including a “human rights audit” as part of the due diligence to be conducted by the investor and the host State, to survey the host State's human rights treaty commitments and domestic methods for implementing these commitments. The primary objective of this audit would thus be to fully include the prospective host State's international obligations as part of the body of applicable law and thus create a better map of the landscape of an investor's “legitimate expectations”.

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Dumas, Agnes, Ines Maria Vaz Duarte Luis, Thomas Bovagnet, Antonio Di Meglio, Mayssam El-Mouhebb, Sandrine Pinto, Cecile Charles et al. „Return to work after breast cancer: Comprehensive longitudinal analyses of its determinants.“ Journal of Clinical Oncology 37, Nr. 15_suppl (20.05.2019): 11564. http://dx.doi.org/10.1200/jco.2019.37.15_suppl.11564.

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11564 Background: The interplay between breast cancer (BC) late effects, psychosocial and work-related factors in return to work (RTW) is not well understood. Previous reports were retrospective and did not combine all these features. Methods: We used data of a French prospective cohort study (CANTO, NCT01993498) of stage I-III BC patients (pts) including detailed clinical data of 1,874 pts working at diagnosis (dx) and ≥5 years younger than legal retirement age. The outcome was non-RTW 2 years after dx. Multivariable regressions were conducted to identify correlates of non-RTW. First, we examined the independent effect of treatments, toxicities (Common Toxicity Criteria Adverse Events), and patient reported outcomes (EORTC BR23 and FA12; Hospital Anxiety and Depression Scale) collected shortly after end of primary treatment. Then, in a restricted sample of 1,003 pts with working conditions (WC) information available, we fitted models to account for detailed pre-dx WC including type of contract, working hours, strenuous postures, supportive environment, degree of autonomy and perception of work. All models were adjusted for age, stage, marital status, socioeconomic status and comorbidities. Results: Two years after dx, 21% of pts did not work. Adjusted odds of non-RTW were increased among pts treated with combinations of chemotherapy (CT) and trastuzumab (TR) (e.g. OR of CT-TR = 2.20 [95% CI 1.24-3.88] and OR of CT-TR-hormonotherapy (HT) = 1.72 [1.13-2.63] vs. treated only with CT-HT), who had severe arm morbidity (OR = 1.73 [1.27-2.36] vs. no), severe emotional fatigue (OR = 1.55 [1.03-2.32] vs. no), anxiety (OR = 1.51 [1.02-2.23] vs. no), or depression (OR = 2.23 [1.27-3.94] vs no). In addition, we also found that the odds of non-RTW were increased among pts who had shift working hours (OR = 2.23 [1.32-3.76] vs. no), who did not work in a supportive environment before dx (OR = 2.24 [1.44-3.50] vs. supportive) and who perceived their job as boring (OR = 3.57 [1.71-7.46] vs. not boring). Conclusions: More than 1/5 of pts did not RTW 2 years after dx, with treatment (trastuzumab), clinical, psychological and work-related factors being associated with job reintegration. Multidisciplinary strategies are needed to support BC survivors.

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Lehenchuk, Serhii, Iryna Vyhivska und Olena Hrytsak. „The development of institutional and methodological framework for accounting of collateral operations in credit unions“. Herald of Ternopil National Economic University, Nr. 1(91) (01.01.2019): 209–18. http://dx.doi.org/10.35774/visnyk2019.01.209.

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The article demonstrates a need for research into the issues of improving accounting of collateral operations in credit unions. This research paper sets out a number of unresolved issues and discussion points relevant to accounting of collateral operations, especially those linked to various types of collateral and activities of credit unions. In response to corporate scandals, some possible ways to improve the conceptual and methodological framework of accounting are identified. The authors demonstrate how further methodological advances in accounting depend on applying individual elements of accounting method to its main constituents. The study has found that it is advisable to add a set of documents for executing and registering collateral operations to the order on accounting policy. Based on the view that collateral is a way to ensure that the borrower meets his obligations to the credit union, it is proposed to change the name of off-balance sheet account 06 from “Guarantees and security received” to “Enforcement of obligations received”. The authors have developed a sample of working chart of accounts for recording collateral operations in credit unions by analytical accounts, which makes it possible to obtain detailed information. The article provides an analysis of specific features of accounting of collateral operations in credit unions and gives evidence of how procedures are performed in line with the standards of international financial reporting. It is offered to change the name of account 437 “Provision of warranty obligations” to ”Provision of contract obligations”. The study notes that a revaluation of collateral objects with high level of volatility, which are used for getting loans from credit unions, should occur on a regular basis. Using an invention patent as an example, it is shown how to calculate the cost of collateral at the pre-contractual stage. It is also specified how to make up inventories of collateral object in credit unions.

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M. Elsawi, Ahmed. „The civil liability of the consortium members for the individual mistake of one member“. International Journal of Engineering & Technology 7, Nr. 2.13 (15.04.2018): 272. http://dx.doi.org/10.14419/ijet.v7i2.13.12677.

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Nowadays, the various forms of contractual agreements have spread between the different contracting companies for the purpose of executing the huge international contracts which require the synergy of all efforts. This has led to the appearance of new forms of cooperation between the international contractors, called the "Consortium Agreement", which is a kind of special partnership entered into for the purpose of executing a certain project, and ends at the completion of this project, without the constitution of a separate entity for the parties of this consortium. Nonetheless, many and various legal implications result from this consortium, some of which may be attributed to the subordination relationship between this agreement and the international contract of construction; while other legal implications might be attributed to the Consortium Agreement itself. The main problem in this regard may arise, if the consortium members did not agree on the accurate determination of the civil liability for each party, whether it was during the pre-contractual stage, or during the contract's execution; as well as the specific determination of the consortium members' liability towards the employer for the individual mistake of one member, especially in light of the multiple parties and the unity of purpose. In this regard, the liability may take one of the following two forms: first, to consider all members of the consortium as joint partners before the employer; second, to adopt the personal liability of each member separately, thus, each member shall be liable only for the part assigned to him. Hence, we will try here to answer a major question regarding the liability of the consortium members for the individual error of one member towards each other or towards the employer, taking into consideration the special nature of the Consortium Agreement.

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Saidu, Ibrahim, W. Shakantu, A. Adamu und I. Anugwo. „A BESPOKE APPROACH FOR RELATING MATERIAL WASTE TO COST OVERRUN IN THE CONSTRUCTION INDUSTRY“. Journal of Construction Business and Management 1, Nr. 1 (18.04.2017): 39–52. http://dx.doi.org/10.15641/jcbm.1.1.63.

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The problems of material waste and cost overruns are common in the construction industry. These problems occur at different stages of a construction project, from planning, design to project completion. The argument on how to eliminate cost overrun has been on-going for the past 70 years as on-site wastage of materials leads to increase in the final project cost. This paper examines the relationship between the causes of material waste and those of cost overrun at the pre-contract and post-contract stages of a project. The desktop methodological approach was firstly adopted in comparing the causes of material waste and those of cost overruns from the literature, in order to determine the possible relationship. Subsequently, interviews were purposively conducted with construction professionals within Abuja, Nigeria, in order to verify the literature based information. The result reveals that all the causes of material waste also cause cost overrun at the pre-contract and the post-contract stages of a project. 96.88% and 81.81% of the causes of cost overrun also cause material waste at the pre-contract and post-contract stages respectively. Other causes which are not related are mostly, the micro-economic and macro-economic factors. These results are not different from those of the interviews conducted with professionals and summarised in the tick box. It was also found that to achieve Effective Construction Material Waste Management (ECMWM) for any construction project, material waste must be controlled at its sources and causes, and at different stages of a project. Based on these findings, it can be concluded that effective management of material waste would translate into a reduction in the level of project cost overrun. The study recommends that construction-project managers, as well as the construction practitioners should encourage the management of material-waste causes, as it has the potential to minimise cost overrun for projects.

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Hotidou, Ariadni, Charalambos Kartsios, Ioanna Sakellari, Panagiotis Kaloyiannidis, Athanasios Fassas und Achilles Anagnostopoulos. „Obtaining Patient Informed Consent (IC) for Hematopoietic Cell Transplantation. How Much Information Is Enough?.“ Blood 104, Nr. 11 (16.11.2004): 2189. http://dx.doi.org/10.1182/blood.v104.11.2189.2189.

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Abstract Introduction: Importance of the IC process emerges from the respect of individual autonomy and the right to self-determination. Beyond being informed, consent involves evaluating, making and signifying a decision. Hematopoietic cell transplantation (HCT) is a complex therapeutic option of “last resort” requiring patients’ full understanding and approval. Candidates shall sign detailed documents describing potentially lethal complications and percentages of survival and cure, before HCT. Objectives-Methods: One hundred twenty post-HCT patients were studied after giving IC. They answered a questionnaire and participated in semi-structured interviews focusing on their experience of consent process. Our aim was to evaluate: a) patients’ comprehension, perception and impact of the IC process, b) the degree to which they assimilated purposes, risks and benefits of transplantation, c) factors influencing patients’ decision to proceed with HCT, d) patient’s psychological status at the time of giving IC. Results: IC was considered as an important medico-legal aspect of HCT by 82% of the population. The transition from informal verbal agreement to a formal written contract implied an important psychological impact for the patient. Significant distress occurred by detailed descriptions of potential side effects and mortality. The awareness of only hope of cure centered patient’s attention negatively on numeric data regarding death risks and survival. Discordance was showed between pre-HCT expectations and actual outcomes. Consent process failed to prepare patients for the post-HCT difficulties of recovery. Patients indicated insufficient provision of information regarding the impact of HCT in their quality of life. Patients made the decision to undergo HCT prior to possessing any substantial knowledge of risks and benefits of the procedure. Decision was largely based on positive outcome expectation. HCT was valued as a cure and therefore this belief determined their decision. Degree of comprehension depended on age, emotional resources, educational level, familial relationships and physician’s personality. Conclusions: Despite patients’ claim to understand important information regarding HCT (treatment risks, side effects, outcome probabilities) IC resulted in confusion and anxiety. Considerable distress occurred by detailed descriptions of potential side effects and mortality. Numeric data was proven useless and seriously altered the physician-patient interaction. Providing details of risks and benefits during the IC process may have little impact on the patients’ decision-making. Patient’s life-threatening illness and limitations on treatment options alter the voluntary nature of their decision. IC has little significance to the patient in terms of his autonomous decision to proceed with treatment. Patient’s continuing education is critical and can help HCT candidates to accept what to expect at different stages of treatment. Comprehensiveness of HCT information is a cognitive, emotional and relational procedure demanding appropriate approach to be successful. Providing information is required at every stage of the HCT procedure and has great importance for the development of a trusting relationship with doctors. Accurate counseling empowers patients to make informed decisions. The findings of the present study give implications for clinical practice and for further research.

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Sood, Muhammad. „Mechanism of Business Contract Drafting in Supporting Economic Activities“. Unram Law Review 4, Nr. 2 (27.10.2020): 193–204. http://dx.doi.org/10.29303/ulrev.v4i2.124.

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The development of business contracts in supporting economic activities, especially in the trade sector, is inseparable from developments in the field of law. Thus, economic actors should understand the contract design method. This article aims to analyze the regulations of business contracts both nationally and internationally, and analize the mechanism of business contract draftingin supporting economic activity. This article is sourced from the results of normative legal research; therefore the method of approach used is the legal approach and conceptual approach. The results of the study indicates that the legal sources which form the basis for regulating business contracts include national law as regulated in Article 1457-1540 of the Civil Code; contract documents; international agreements in the field of contract; court decisions regarding business contracts; and doctrines in the field of contract law. The business contract mechanism includes 3 stages, namely: 1) Pre contractual includes: negotiations on the delivery, delivery and payment of goods; risk of loss if there is a default and procedure for resolving contractual problems; make a Memorandum of Understanding as an initial guideline for the understanding of the parties; Feasibility study concerning the prospects of business contracts made by the parties; 2) Contractual or contractual arrangements include, writing the initial manuscript, revising the manuscript, exchanging draft contracts, revising and writing the final manuscript, and signing of the contract. 3) Contract contractual or contract completion where the parties are responsible for providing guarantees or guarantees that the agreed contract is executed and completed properly. Understanding the mechanism of contract design will facilitate business activities carried out by the parties.

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Afegbua, Salami Issa. „Politics-Administration Interface and Sustenance of Public Service Ethos in South-West Nigeria“. Africa’s Public Service Delivery and Performance Review 4, Nr. 1 (01.03.2016): 172. http://dx.doi.org/10.4102/apsdpr.v4i1.110.

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This work examined politics-administration interface and the sustenance of public service ethos in Southwest Nigeria. Public servants and political functionaries in Southwest Nigeria are constantly in a struggle to fix each other in their pre-conceived mould of mental judgment which invariably breeds mutual suspicion, apprehension and setting the stage for conflict which is likely to impact negatively on the performance of public servants in Southwest Nigeria. The article identified the factors influencing the interface of public servants and political office holders in Southwest Nigeria. It also determined the influence of the interface between on public service ethos and finally examined the efforts made towards sustaining public service ethos in Southwest Nigeria. In carrying out this work, primary and secondary data were used. In the case of primary data, survey was carried out and questionnaire was used to elicit information from respondents in the Southwest geo-political zone of the country. Purposive random sampling techniques were adopted to determine the target respondents. The study has a sample of five hundred and thirty-five (535), which constitute 50 percent of the total population figure of 1070. The findings revealed amongst others, that the synergy between political functionaries and public office holders is often characterized by both conflict and cooperation. In addition, there are certain factors influencing the interface of public servants and political office holders in Southwest Nigeria, these factors include: contract awards, consideration in the appointment of top civil servants etc. The study therefore, recommends the need for Southwest Nigeria to strengthen politics-administration interface in such a way that the public services in that region will be more productive. There is also the need for government in the Southwest to clarify the respective roles of political office holders and public servants. The principles and ethos governing the roles and responsibilities of political office holders and public servants should be clearly spelt out. The study concludes that despite the commendable efforts made by public service in Southwest Nigeria, lack of strict adherence to ethical values has made it difficult for such interface to enhance compliance with standard ethical practic The article therefore recommends, amongst others, the need to strengthen politics-administration relations in Southwest Nigeria. Moreover, government in the Southwest geo-political zone of Nigeria should organize retreats on a regular basis for both political functionaries’ and public officials on the need to uphold the ethics and principles of the service as well as adhere to their respective codes of conduct for public officers.

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Anggraeny, Isdian, Tongat Tongat und Wardah Dinnar Rahmadanti. „URGENSI PELAKSANAAN TAHAPAN PERSIAPAN PENYUSUNAN KONTRAK OLEH PELAKU BISNIS DALAM MENGKONTRUKSI HUBUNGAN BISNIS“. Yurispruden 3, Nr. 1 (31.01.2020): 1. http://dx.doi.org/10.33474/yur.v3i1.5013.

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ABSTRACT Hypothetically-theoretical, almost certainly, without adequate understanding of the business relations agreement will not go well. So, every business person must understand the agreement. Departing from such needs, this article presents two fundamental issues as a material discussion. First, What are the elements that business people must consider in the preparation phase of the business contract? Secondly, What is the urgency of implementing a contract planning preparation phase by business people? Through normative and juridical studies, the explanation is obtained as follows. Business contracts are conducted through the following phases: Pre-contracted stages, contractual stages, and post-contractual phases. As an effort to make an ideal, systematic, and safe contract for the parties, it is necessary to maturation in the preparation phase of the contract drafting. The Implementation of the preparation phase of the business contract is very important so that the contract can be held accountable legally and can be understood by the parties.Keywords: Contract planning, business people, business relationships ABSTRAK Secara hipotetis-teoretis, hampir dapat dipastikan, tanpa ada pemahaman yang memadai tentang perjanjian hubungan bisnis tidak akan berjalan dengan baik. Sebegitu urgennya, maka setiap pelaku bisnis harus memahami tentang perjanjian. Berangkat dari kebutuhan yang demikian, tulisan ini menyajikan dua masalah pokok sebagai bahan pembahasan. Pertama, apa saja unsur-unsur yang harus diperhatikan oleh Pelaku Bisnis dalam tahapan persiapan kontrak bisnis? Kedua, apa urgensi pelaksanaan tahapan persiapan perancangan kontrak oleh Pelaku Bisnis? Melalui kajian secara yuridis normatif, diperoleh paparan penjelasan seperti berikut. Kontrak bisnis dilakukan melalui tahapan seperti berikut: tahapan pra kontratual, tahap kontraktual, dan tahap pasca-kontraktual. Sebagai upaya membuat kontrak yang ideal, sistematis, dan aman bagi para pihak maka perlu pematangan dalam tahap persiapan penyusunan kontrak. Pelaksanaan tahapan persiapan penyusunan Kontrak bisnis sangat penting agar kontrak yang dibuat bisa dipertanggungjawabkan secara hukum dan dapat dipahami oleh para pihak.Kata kunci : perancangan kontrak, pelaku bisnis, hubungan bisnis

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