Academic literature on the topic 'Administrative contracts validity'
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Journal articles on the topic "Administrative contracts validity"
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Almajali, Mohmmad Husien, Mohammad Basheer Arabyat, Faisal Tayel Alqudah, and Mohamed F. Ghazwi. "Cases of Nullity of Administrative Contract Compared to Civil Contract under the Jordanian Legislation." International Journal of Religion 5, no. 1 (February 9, 2024): 725–31. http://dx.doi.org/10.61707/hd5yz160.
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This article examines the degree of effect of the theory of nullity in Jordanian civil law on administrative and civil contracts and the utmost key cases of nullity of the administrative contract as compared to civil contract. The descriptive and analytical research approach is adapted to achieve the research objectives. In carrying out its activity, the administration resorts to several diverse and numerous means and actions, and these actions may be physical or legal actions. Legal actions may be unilateral actions, which are called administrative decisions, or they may be two-sided, meaning an agreement, which is what, is called contracts, whether these contracts are concluded between persons of public law and between a person of public law and one of the persons of private law. The administrative contract does not differ in its work from other contracts if it is concluded by simply exchanging the expression of their wills between the two parties, taking into account the specific conditions stipulated by the law for its conclusion. In its formation, it is necessary that its pillars be present, which are the administration element, the place element, and the cause element. It is also necessary that the conditions for its validity be met, which is that the will of its two parties is free from any defects of consent that may taint it. Towards the end, results and recommendations are properly incorporated.
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Peng, Sha. "Invalidity of Contracts in Violation of Mandatory Provisions of Public Law: Judicial Practice in China." Academic Journal of Management and Social Sciences 5, no. 2 (November 30, 2023): 167–69. http://dx.doi.org/10.54097/ajmss.v5i2.35.
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Researchers have always favored how mandatory provisions of public law affect the validity of contracts. After the implementation of China's Civil Law, how to recognize the invalidity of contracts that violate the mandatory provisions of public law has also been hotly debated by the theoretical and practical circles. From the perspective of the Civil Law, which fully respects the concept of private law autonomy, and from the perspective of assuming the validity of a contract as a prerequisite for the application of the law in practice, a contract that violates the mandatory provisions of public law shall, in principle, be presumed to be valid. In determining whether a contract that violates the mandatory provisions of laws and administrative regulations is null and void, it is necessary to carefully analyze whether the legislative purpose of the mandatory provisions will lead to the nullity of the contract, and at the same time, pay attention to the distinction between the mandatory provisions that result in the nullity of the contract and those that result in the contract not coming into effect, being of pending validity, or being voidable. Contracts that violate the mandatory provisions of local laws and regulations or administrative rules may be invalid because they violate public order and morals, but they are not invalid because they are "against the law".
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Kang, Ji Eun. "A study on conflict of interest in the process of concluding a public procurement contract: Focusing on recent French case law issues." Korea Association for Corruption Studies 28, no. 3 (September 30, 2023): 161–86. http://dx.doi.org/10.52663/kcsr.2023.28.3.161.
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The Act on the Prevention of Conflict of Interest prohibits public officials from pursuing private interests in connection with the performance of their duties. The Act aims to ensure fair performance of duties, and to secure the public's trust in public administration. It was enacted and went into effect on May 19, 2022. It is not easy to find precedents in comparative law for regulations regarding conflict of interest situations. In particular, defining and determining the scope of conflict of interest involves evaluation and judgment on very comprehensive issues, such as procurement contracts. Conflicts of interest in public procurement are an area in which violations of public official duties, criminal punishment, administrative sanctions, civil suits for damages, and issues of contract validity can be complexly connected, and a systematic review of legal principles related laws and regulations.
In France, regulations on conflict of interest were established relatively late, but judgements established a specific precedent for conflict of interest in the area of procurement contracts. Administrative court's strong will to comply with the principle of open and fair competition was revealed in that it confirmed that if a conflict of interest is recognized through judgement, it can lead to termination of concluded contract. French law cases can give a reference in relation to case analysis and precedent issues regarding the situations of conflict of interest. This paper examine French regulations on conflicts of interest focusing on public procurement contracts, and discuss the resolution of legal disputes regarding compliance with the obligation to open and fair competition in the process of concluding public procurement contracts.
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Buzescu, Gheorghe. "Procedure of public acquirement." Ars Aequi 12 (April 13, 2023): 382–91. http://dx.doi.org/10.47577/10.1234/arsaequi.12.1.242.
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The public procurement contract is an administrative contract, that is, an "agreement of will between a public authority in a position of legal superiority, on the one hand, and other legal subjects, on the other hand, through which the satisfaction of an interest is sought generally, by providing a public service, carrying out a public work or enhancing the value of a public good, subject to a regime of public power.The legal regime applicable to administrative contracts borrows certain characters from private law (e.g. validity conditions) but is distinguished by two essential elements: on the one hand the inequality of the parties and, on the other hand, the fact that the authority does not have a freedom of will similar to the contractual relationship in private law.
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Bakulina, Irina, and Dmitry Kirillov. "Ban on Sham in Administrative Law: Problems of Validity." Legal Concept, no. 4 (December 2022): 95–99. http://dx.doi.org/10.15688/lc.jvolsu.2022.4.13.
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Introduction: in 2016, administrative liability was introduced for violating the ban on the registration of sham accounting objects in the accounting registers, including sham transactions (hereinafter, referred to as the “ban on sham”). For more than five years, these elements have not found any targeted analytical understanding in the professional scientific and legal books, nor reflected in the practice of administrative offenses. Meanwhile, the “ban on sham” creates problems, preventing bona fide organizations from implementing the principle of freedom of contract, forcing them to distort their will in the form of refusing to conclude unnamed contracts, simplifying business relations, incurring the costs of auditing sham, etc. These circumstances have predetermined the purpose of the study – to identify the reasons for the lack of reaction of legal science and practice to the “ban on sham”, to assess its validity. Methods: dialectics, conceptual analysis, and the comparative legal method. Results: the common reasons for inattention to the “ban on sham” are the mega-branch, and therefore, unclear for most legal scholars, nature of the basic concept of “sham accounting objects”; the complexity of proving violations of the “ban on sham”. Special reasons for such inattention are the contradiction between the absence of a ban on sham transactions and the punishability of actions to include transactions in the accounting registers; the identification of sham transactions and sham accounting objects in the legislative documentation; the possibility of qualifying violations of the “ban on sham” by related sets of facts. The legal groundlessness of the introduction of the “ban on sham” is shown. An approach to the correction of the legislation is proposed. The scope of application of the results is administrative, financial, civil, constitutional law, legal research, law enforcement, and lawmaking. Conclusions: the amendments to the legislation on accounting and the abolition of the “ban on sham” are required.
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Henry Aspan. "STRATEGI PEMERINTAH DALAM MENEKAN WANPRESTASI DALAM PENGADAAN KAPAL." Public Service and Governance Journal 4, no. 1 (May 30, 2023): 83–92. http://dx.doi.org/10.56444/psgj.v4i1.809.
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The sale and purchase of ships carried out by institutions with Indonesian citizenship and foreign countries must pay attention to various basic principles regulated by the government. These basic principles are used and must be established for the preparation of a contract so that the parties avoid things that can harm both the seller and the buyer in terms of administration in government. The administration of buying and selling ships is included in the class of buying and selling goods whose legality of ownership must be in accordance with the standards set by the government. When buying and selling or procurement contracts are regulated based on international private law which contains several theories related to the preparation of an agreement or contract. If a ship purchase agreement does not fulfill one of the administrative elements set by the government, the agreement is considered invalid or canceled. The validity of an agreement that has been made by the parties according to Gunawan Wijaja, namely the agreement must contain validity, both the validity of which is questioned by one of the parties or other matters. In implementing the sale and purchase agreement of ships between Indonesia and foreign countries, it must be by the provisions of the sale and purchase agreement that has been determined, which can refer to agreements in international private law. It is hoped that the government of both Indonesia and foreign countries can make a wise decision in determining the cancellation of an agreement by examining or exploring further the causes of the cancellation of the sale and purchase agreement.
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Kim, Jae Hyung. "A Dialogue between Public and Private Law." Korean Association of Civil Law 105 (December 31, 2023): 3–36. http://dx.doi.org/10.52554/kjcl.2023.105.3.
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The legal domain has traditionally been segmented into public and private law. Private law is rooted in the principle of private autonomy that is premised on individual liberty. Conversely, public law centers on the adininistration and regulation of public authority. Despite these distinctions, public and private law overlap significantly in their research topics, methodologies, and goals. As such, collaboration and mutual learning between these spheres are crucial. Consequently, establishing a platform for dialogue among scholars from both fields is deemed valuable.
This paper delves into the criteria that differentiate public from private law, examining their interrelation through constitutional and civil law, alongside administrative and civil law. It scrutinizes the nexus between public and private law, with a focus on Supreme Court precedents concerning personality rights, the third party effect (Drittwirkung) of fundamental rights in private relationships, interpretations of law in alignment with the Constitution, the analogy of private law regulations to public contracts or public law contracts, the validity of a contract contravening administrative regulations, the liability for state compensation for unlawful administrative conduct, and the demarcation of jurisdiction between civil and administrative proceedings. Public and private law have evolved in tandem, influencing each other. Their dem邱ation is more a product of historical development and relativity than a priori or theoretical constructs. Recent Supreme Court rulings demonstrate an increasing interplay between public law, including constitutional provisions, and the interpretation and application of civil law, and vice versa. In this scenario, promoting an active dialogue between scholars of public and private law is anticipated to substantially enhance both disciplines, as well as the legal system as a whole.
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Kilinkarov, Vladimir Vital'evich, and Bulat Askarovich Ponomarev. "The civil Nature of public-private Partnership Agreements." Юридические исследования, no. 2 (February 2023): 44–54. http://dx.doi.org/10.25136/2409-7136.2023.2.38640.
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The subject of the research is the legislation and law enforcement practice regarding the legal nature of the public-private partnership agreement and the concession agreement. The authors intend to prove the civil law nature of these agreements; therefore, they review dominant theories on the relevant issue in the doctrine of legal science. The first group of scientists refers these agreements to private-public contracts, the second - to administrative, the third - to private law. The analysis of the legislation confirms the validity of the third group’s point of view. The paper also examines the practice of judicial and administrative authorities, which testifies to the dispositive nature of legal relations arising between private and public partners.
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Arianto, Iqbal Aji, and Sri Sudiartri. "Persepsi Pegawai Kantor Desa terhadap Penggunaan Jasa Bank Syariah:." VISA: Journal of Vision and Ideas 3, no. 1 (September 18, 2022): 1–12. http://dx.doi.org/10.47467/visa.v3i1.1239.
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The goal of this study was to discover why employees of the Laut Dendang village office choose to use the services of a sharia bank, and what factors influence their knowledge and attitudes. Field research using a qualitative approach is what this type of study is called. Employees at the Laut Dendang village office served as data sources for this study. Data collection is done by observation, interviews, and documentation, while data processing and analysis procedures are done in four stages: data reduction, data presentation, conclusion drafting, and data validity verification. The study's findings revealed that employees at the Laut Dendang village office have a positive attitude toward using Islamic banks, as evidenced by the employees' knowledge that Islamic banks are free of usury and that Islamic banks have contracts and profit sharing systems, making them less burdensome and harmful to those who have made the contract. Employees benefit from Islamic banks' knowledge and attitude toward their services, as well as cheaper administrative costs. Employees at the Laut Dendang village office primarily use traditional banking services as long-term savings.
Keywords: Perception, Employees, Islamic Bank
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Arianto, Iqbal Aji, and Sri Sudiartri. "Persepsi Pegawai Kantor Desa terhadap Penggunaan Jasa Bank Syariah:." VISA: Journal of Vision and Ideas 2, no. 3 (September 18, 2022): 1–12. http://dx.doi.org/10.47467/visa.v2i3.1239.
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The goal of this study was to discover why employees of the Laut Dendang village office choose to use the services of a sharia bank, and what factors influence their knowledge and attitudes. Field research using a qualitative approach is what this type of study is called. Employees at the Laut Dendang village office served as data sources for this study. Data collection is done by observation, interviews, and documentation, while data processing and analysis procedures are done in four stages: data reduction, data presentation, conclusion drafting, and data validity verification. The study's findings revealed that employees at the Laut Dendang village office have a positive attitude toward using Islamic banks, as evidenced by the employees' knowledge that Islamic banks are free of usury and that Islamic banks have contracts and profit sharing systems, making them less burdensome and harmful to those who have made the contract. Employees benefit from Islamic banks' knowledge and attitude toward their services, as well as cheaper administrative costs. Employees at the Laut Dendang village office primarily use traditional banking services as long-term savings.
Keywords: Perception, Employees, Islamic Bank
Dissertations / Theses on the topic "Administrative contracts validity"
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Nguewo, nono youta Ferdi. "L'ordre public contractuel en droit administratif." Electronic Thesis or Diss., Université de Montpellier (2022-....), 2022. http://scd-proxy.univ-brest.fr/login?url=https://bibliotheque.lefebvre-dalloz.fr/isbn/9782247234509.
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L'étude de l'ordre public contractuel en droit administratif, qui était nécessaire compte tenu de l'absence de recherche doctorale sur ce thème majeur du droit des contrats, permet d'aboutir à plusieurs conclusions qui sont intéressantes à la fois pour la notion et pour le droit administratif lui-même. S'agissant d'abord de l'ordre public contractuel, son examen en droit administratif confirme que la notion ne peut être définie, mais seulement identifiée, le critère permettant d'effectuer cette identification étant l'automaticité de la sanction attachée à la règle. S'agissant ensuite du droit administratif, l'inscription de l'ordre public contractuel parmi les notions cardinales de ce droit a contribué au perfectionnement du droit et du contentieux des contrats administratifs. Le maniement de la notion permet au juge administratif de moduler le traitement des causes d'invalidité, d'orienter la théorie générale du contrat administratif, mais aussi, parfois, de se démarquer du juge judiciaire en retenant une conception singulière de l'ordre public contractuelThe study of the contractual public order in administrative law, which was necessary given the lack of doctoral research on this major theme of contract law, leads to several conclusions that are interesting both for the notion and for administrative law itself. With regard first to contractual public order, its examination in administrative law confirms that the concept cannot be defined, but only identified, the criterion allowing this identification to be made being the automaticity of the sanction attached to the rule. With regard to administrative law, the inclusion of contractual public order among the cardinal notions of this law has contributed to the improvement of the law and litigation of administrative contracts. The handling of the concept allows the administrative judge to modulate the treatment of the causes of invalidity, to direct the general theory of the administrative contract, but also, sometimes, to stand out from the judicial judge by retaining a singular conception of the contractual public order
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Clerc, Ludivine. "La validité des contrats administratifs." Avignon, 2007. http://www.theses.fr/2007AVIG2014.
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Le contrat administratif est une norme concrète de droit public, issu d'un accord de volontés (être), qui impose un commandement (devoir être). Il s'agit d'une norme individuelle dont les conditions de validité formelle diffèrent de celles des contrats de droit commun. En effet, le contrat administratif étant entouré d'actes unilatéraux, la légalité de ses actes "périphériques" constitue une condition de validité du contrat administratif. A fortiori, l'ouverture du recours pour excès de pouvoir à une catégorie spécifique de contrats conforte la thèse selon laquelle la validité du contrat est soumise à la légalité. Au demeurant, le juge administratif privilégie une "lecture administrative" de la jurisprudence érigeant l'ordre public contractuel en condition de validité. Il ne se réfère que ponctuellement aux dispositions de l'article 1108 du Code civil. Cette singularité du contrat administratif tend à remettre en cause une théorie générale des obligations, malgré l'ingérence de l'unilatéralisme dans le droit commun des contratsThe public service contract is a concrete norm of public law, stemming from an agreement of will (being), which imposes a commandment (duty-being). It is about an individual norm the conditions of formal validity of which postpone from those contracts of common law. Indeed, the public service contract being surrounded with one-sided acts, the legality of its acts "peripherals" constitutes a condition of validity of the public service contract. All the more, the opening of the appeal for abuse of power to a specific category of contracts consolidates the thesis according to which the validity of the contract is subjected to the legality. However, the administrative judge privileges a "administrative reading" of the case law setting up the contractual law and order as condition of validity. He refers only punctually to the provisions of the article 1108 of the civil Code. This peculiarity tends to question a general theory of the obligations, in spite of the premature intervention of the unilateralism in the common law of contracts
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Douteaud, Stéphanie. "La stabilisation des contrats de l'administration par le juge de la validité." Thesis, Pau, 2017. http://www.theses.fr/2017PAUU2030/document.
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En une décennie, le Conseil d’État a profondément modifié les termes de la contestation juridictionnelle des contrats des personnes publiques. À une politique de stabilisation formelle de la chose contractée, agissant sur l’accès au juge du contrat, a succédé une politique de stabilisation matérielle. Le recul du principe d’irrecevabilité des conclusions d’annulation dirigées contre le contrat s’est accompagné d’une rigidification du prononcé de l’annulation. La mise en évidence d’une irrégularité propre à justifier la disparition rétroactive du contrat de l’acte a été volontairement compliquée.Chaque étape de l’instance est affectée par le phénomène de stabilisation. À tous les moments de l’examen du contrat, des techniques juridictionnelles sont susceptibles d’écarter le risque d’annulation rétroactive de l’acte. En cela, la stabilisation est transversale.La doctrine a maintes fois souligné ses manifestations au stade de la sanction du contrat. Dorénavant, en présence d’une irrégularité, le juge du contrat dispose de pouvoirs de sanction différenciés et adaptés à la gravité du vice. En conséquence, le contrat vicié n’est plus nécessairement exposé à l’annulation. Les pouvoirs de sanction qui autorisent un maintien partiel ou total du contrat irrégulier sont caractéristiques de la stabilisation palliative. Mais le conditionnement du régime de l’action contentieuse affecte également l’examen juridictionnel stricto sensu. Le droit de critique du contrat s’exerce à présent dans un périmètre plus réduit qu’auparavant. C’est ainsi que d’autres procédés juridictionnels agissent sur la caractérisation de l’irrégularité. Ils ont pour effet de repousser la déclaration d’irrégularité. Dans cette perspective, la stabilisation est préventive.L’ouvrage propose une étude d’ensemble du phénomène stabilisateur. Suivant la chronologie du procès fait au contrat, la stabilisation préventive est appréhendée avant la stabilisation palliative du contratWithin a decade, the Conseil d’Etat deeply changed the terms of the judicial complaints towards public persons’ contracts. A policy of substantive stabilization replaced a former policy of formal stabilization of the res contracted – which was influencing the access to the judge of the contract. The decline of the rule of inadmissibility of the claims for anulment towards the contract came together with a tensioning on the anulment sentencing. The claim for an irregularity justifying the contract retroactive disappearence has been intentionally complicated.Each step of the proceedings is impacted by the phenomenon of stabilization. At each moment of the contract examination, judicial techniques are likely to eliminate the risk of retroactive anulment of the contract. This shows that the stabilization is transversal. Legal doctrine showed many times those occurrences at the step of the penalty on the contract. From now on, facing an irregularity, the judge of the contract may use some powers of penalty, quite different and adapted to the seriousness ouf the irregularity. Thus, the irregular contract is not necessarily supposed to be anulled. Powers of penalty that allow a partial or global maintenance of an irregular contract are typical examples of a palliative stabilization. But the conditioning of the legal action system also impacts the strictly speaking judicial examination of the contract. The right to contest the contract may now be exercised in a more reduced scope. In this way, other legal processes act on the charcaterisation of the irregularity. The serve to reject the statement of irregularity. From this perspective, this is a preventive stabilization.This work provides an overview study of the stabilization phenomenon. Regarding the timeline of the contract trial, the preventive stabilization will is first presented, before the palliative one
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Labazée, Sophie. "La validité des conventions entre personnes publiques au regard du droit de l'action administrative." Pau, 2002. http://www.theses.fr/2002PAUU2002.
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Phénomène initialement marginal, le recours au procédé contractuel dans les relations entre personnes publiques s'est véritablement généralisé à compter des années 1980. Bien évidemment, le phénomène n'a pas été sans susciter l'intérêt de la doctrine, qui n'a pas manqué d'y consacrer de nombreuses thèses, y compris dans la période la plus récente. Mais alors que ces dernières envisageaient l'ensemble des problèmes posés par ces contrats, la pratique a progressivement fait apparaître un problème central, méritant un approfondissement particulier : celui de la validité des conventions concernées. Il faut dire que cette dernière semble aujourd'hui particulièrement menacée ; car alors que l'aptitude des personnes publiques à contracter entre elles est déjà limitée par les règles touchant à leur compétence, la légalité de telles initiatives est également conditionnée par le respect du droit de la concurrence qui, en ce domaine, s'est fait toujours plus contraignant ces dernières annéesPhenomenon initially marginal, resulting to the contractual process in the relations among public persons became really widespread from the 1980. Naturally, the phenomenon did not miss to arouse the interest of the doctrine, which did not miss to dedicate numerous theses to it, most recently. But while these last ones envisaged all the problems set by these contracts, the practice made gradually appear a central problem, deserving a particular deepening : that of the validity of the agreements concerned. It is necessary to say that the latter seems particularly threatened today ; because, as the capacity of the public persons to contract is already limited by the rules linked to their competence, the legality of such initiatives is also conditioned by the respect for the right of the competition which, in this domain, has become more and more constraining, these last years
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Guilbaud, Thomas. "Le contentieux des tiers au contrat administratif." Thesis, Paris 1, 2016. http://www.theses.fr/2016PA01D056.
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Le contentieux des tiers au contrat a connu depuis la décision Tropic travaux signalisation des changements profonds. Chaque année ou presque est intervenue une évolution, dont la dernière, l’arrêt Département de Tarn-et-Garonne, a ouvert à tous les tiers un recours de pleine juridiction contre le contrat. Cependant, afin de ne pas remettre en cause de manière exagérée la sécurité juridique des parties au contrat, le juge applique de multiples restrictions qui conduisent souvent à l’absence d’annulation du contrat, voire à l’absence de toute sanction.Les présents travaux permettent de dresser un état des lieux du droit positif, en particulier sur le maintien, certes limité, du recours pour excès de pouvoir. Ils envisagent ensuite des améliorations du contentieux des tiers au contrat. Celles-ci passent par une unification des voies de recours. Il est proposé de créer un recours précontractuel ouvert à tous les tiers y ayant un intérêt, et un recours contractuel, dont la recevabilité sera plus limitée. Il est par ailleurs envisagé de généraliser aux nouveaux recours un pouvoir de sanction pécuniaire, aujourd’hui réservé au seul référé contractuel. Ce pouvoir permet en effet de concilier la sécurité juridique des parties et le respect de la légalité pour les tiers au contrat. Il devrait être utilisé pour sanctionner les vices de pure forme, le juge ne disposant pas actuellement de pouvoir adéquat, sans remettre en cause l’acteThe field of litigation by third parties to contracts has been undergoing major changes since the Tropic travaux signalisation decision was handed down. New developments have occurred almost on a yearly basis – the latest of which, the Département de Tarn-et-Garonne decision, has allowed third parties to fully challenge contracts. At the same time, in an attempt to limit the risks involved for the legal certainty expected by the contracting parties, courts apply multiple restrictive filters, which often results in the contract not being quashed, or even in the absence of any sanction.The paper contains an overview of the current state of applicable rules, with a particular emphasis on the continued - albeit limited - use of the traditional action for misuse of authority (recours pour excès de pouvoir). If then considers possible improvements to litigation by third parties to contracts. These improvements go through a unification of the existing actions. Our proposal is to create a pre-contractual action that would be available to any interested third party, along with a contractual action whose admissibility would be more limited. It is also envisaged to extend to these new actions the power to impose financial penalties that is currently limited to contractual fast-track challenges (référés contractuels). Indeed, this sanction allows a conciliation between the legal certainty expected by the contracting parties and the respect of the principle of legality pursued by third parties. Its use should target mere formal defects, as courts currently lack an adequate power in this case, without setting aside the contracts
Books on the topic "Administrative contracts validity"
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Chunyan, Ding. Contract Formation under Chinese Law. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198808114.003.0002.
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This chapter discusses the law on contract formation in Chinese law which largely follows the UN Convention on Contracts for the International Sale of Goods and the UNIDROIT Principles of International Commercial Contracts. An objective approach is adopted in determining the parties’ intentions but exceptions are allowed where parties have not accurately expressed their true agreement, the contract is a sham, or one party’s intentional false expression is known to the other. For a contract to be binding, its ‘essential elements’ must be agreed (names of the parties, subject matter, and quantity); other terms may be agreed by the parties after the conclusion of the contract or, failing that, determination by the court. In reality, however, courts use soft laws and the nature of the contract, to augment what is required. A purported acceptance which makes a ‘non-material’ alteration to the content of the offer can bind the offeror unless the offeror timely rejects it, but there is little scope for non-materiality. Nevertheless, even a materially varied acceptance can bind if the original offeror’s performance amounts to acceptance where the usage of transaction or the express terms of the offer allows acceptance by conduct. Furthermore, courts show willingness to recognize an acceptance by conduct of performance beyond these two situations. There is no general requirement of form for a valid contract, although exceptionally, laws or administrative regulations may require writing or approval/registration. There is no general requirement of consideration; gratuitous contracts are enforceable. However, the latter attract far less legal force than onerous contracts. An offer is irrevocable only if it is an option or if the offeree reasonably believes the offer is irrevocable and has made preparations for the performance of the contract. An acceptance takes effect only when it arrives. A late acceptance that is not attributed to the offeree is ineffective unless the offeror gives timely notice of its intention to ratify the acceptance. Electronic means of communication are treated in the same way as paper-based communications with specific rules to determine the time and place of contract formation and the validity of electronic signature. Reliance-based pre-contractual liability may be imposed, on the basis of the requirement of good faith, in the circumstances including negotiating with no intention of concluding a contract, intentional concealment of material facts, or breach of confidentiality.
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Paul, Torremans. Part VI The Law of Property, 30 Immovables. Oxford University Press, 2017. http://dx.doi.org/10.1093/law/9780199678983.003.0030.
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This chapter examines the choice of law rules governing immovables. There are a range of circumstances in which the English courts may have jurisdiction (either under common law or European Union rules) over cases which require the determination of legal issues relating to foreign immovable property. These include cases where the question of title arises incidentally in a personal claim against a defendant, or in the administration of a trust, will or divorce over which the English courts have jurisdiction, or in the context of a claim for trespass over foreign land. This chapter first considers the law of the situs rule before discussing specific issues relating to choice of the law applicable to immovables, focusing in particular on the capacity to take and transfer immovables, formalities of alienation, essential validity of transfers, and contracts.
Book chapters on the topic "Administrative contracts validity"
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Kötz, Hein. "The Control of Unfair Contract Terms." In European Contract Law. Oxford University Press, 2017. http://dx.doi.org/10.1093/oso/9780198800040.003.0008.
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Where the overall validity of a contract is not in doubt, a party may be allowed to rely on the invalidity of one of its clauses because it has not become part of the contract or is found to be ‘inappropriate’, ‘unreasonable’, ‘unfair’, contravenes ‘good faith’ or in some other way ‘grossly disadvantages’ a party. Some legal systems allow the judge to strike down such clauses only where they have been preformulated by one party and thus form part of its ‘standard terms of business’. Judicial control may also be limited to cases where the clause disadvantages a ‘consumer’. The chapter discusses the purposes of the judicial control of such clauses and the reasons on which their ‘unfairness’ may be based. In a final section the chapter deals with the preventive control of such clauses by way of criminal sanctions, group actions, and administrative controls.
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Cordelli, Chiara. "Legitimizing Administrative Discretion." In The Privatized State, 82–116. Princeton University Press, 2020. http://dx.doi.org/10.23943/princeton/9780691205755.003.0004.
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This chapter argues that the rationale for a democratic state is to curb a form of subjection to the merely unilateral and legislative will of others. It describes bureaucratic unilateralism, which is the just and effective administration of the modern state risks that reproduce the problem within the state itself by demanding the delegation of a form of quasi-legislative discretion to administrators. It also shows how bureaucratic unilateralism in the privatized state is unavoidably transferred to private actors. The chapter argues the solution or mitigation of bureaucratic unilateralism through the direct application of certain standards of legitimation directly to the exercise of quasi-legislative, administrative discretion. It discusses the requirements of standards, which imply that the delegation of relevant discretion be validly authorized by a democratic and indicate a neat separation between contract and office in order to support officeholders' commitment to implement the law.
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Shukor, Siti Fazilah Abdul, and Farahdilah Ghazali. "Understanding the Impacts of the Non-Compete Clause in Employment Contracts From the Perspective of the Sustainable Development Goals." In Advances in Public Policy and Administration, 116–29. IGI Global, 2024. http://dx.doi.org/10.4018/979-8-3693-0390-0.ch006.
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With the effect of the Covid pandemic, people lost their jobs, and it magnified the rate of workforce turnover in the labour market. It has caused difficulty for employees to find new jobs because the non-compete clause has been incorporated into the employment agreement. The purpose of inserting the clause is to protect the employer's business interest, however, it also gives some difficulties to employees to proceed with new employment. The validity of the non-compete clause in the employment agreement seems reasonable for the employer, however it seems to be a restrictive measure for the employees. The chapter intends to review the impact of non-compete clauses in employment contracts in Malaysia. Besides, the chapter also intends to review the cases related to a non-compete clause in Malaysia and provide legal protections to protect the best interest of both employers and employees. Lastly, this study focuses on promoting decent work opportunities as well as productive employment for all.
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Vaz, Juliana Aparecida, Elder Vicente de Paulo Sobrinho, and Ana Claudia Granato Malpass. "Evaluation and Validation of a software for the inspection of public contracts." In Themes focused on interdisciplinarity and sustainable development worldwide. Seven Editora, 2023. http://dx.doi.org/10.56238/tfisdwv1-123.
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The search for acceleration and technological innovation in public administration services has gained more and more space. In this aspect, the objective of the present article was to develop and validate a customized support software for the inspection of public contracts, for a Federal University of the State of Minas Gerais. This software, Fiscalito Ti Conecta, was developed using a No Code platform that does not require the presence of a computing professional. For the evaluation and validation of the software, with the local target audience, validation was carried out by local judges with usability tests of the developed software, as well as the application of a questionnaire, whose scale used was the Likert Scale. The software was developed to be used as a support tool in the fiscal routine, in the training of the server and also as a means of communication with the community regarding the outsourced services existing at the Universidade Federal do Triângulo Mineiro. During the evaluation of the usability of the software, the local judges pointed out changes to better adapt the software, which were accepted and carried out. After the modifications, the judges locally validated the software, which was registered at the same institution with the institution's Technological Innovation Center.
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D'Rosario, Michael, and Carlene D'Rosario. "Beyond RoboDebt." In Research Anthology on Decision Support Systems and Decision Management in Healthcare, Business, and Engineering, 1512–38. IGI Global, 2021. http://dx.doi.org/10.4018/978-1-7998-9023-2.ch072.
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Automated decision support systems with high stake decision processes are frequently controversial. The Online Compliance Intervention (herewith “OCI” or “RoboDebt”) is a system of compliance implemented with the intention to facilitate automatic issuance of statutory debt notices to individuals, taking a receipt of welfare payments and exceeding their entitlement. The system appears to employ rudimentary data scraping and expert systems to determine whether notices should be validly issued. However, many individuals that take receipt of debt notices assert that they were issued in error. The commentary on the system has resulted in a lot of conflation of the system with other system types and caused many to question the role of decision of support systems in public administration given the potentially deleterious impacts of such systems for the most vulnerable. The authors employ a taxonomy of Robotic Process Automation (RPA) issues, to review the OCI and RPA more generally. This paper identifies potential problems of bias, inconsistency, procedural fairness, and overall systematic error. This research also considers a series of RoboDebt specific issues regarding contractor arrangements and the potential impact of the system for Australia's Indigenous population. The authors offer a set of recommendations based on the observed challenges, emphasizing the importance of moderation, independent algorithmic audits, and ongoing reviews. Most notably, this paper emphasizes the need for greater transparency and a broadening of criteria to determine vulnerability that encompasses, temporal, geographic, and technological considerations.
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D'Rosario, Michael, and Carlene D'Rosario. "Beyond RoboDebt." In Research Anthology on Cross-Disciplinary Designs and Applications of Automation, 236–62. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-6684-3694-3.ch013.
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Automated decision support systems with high stake decision processes are frequently controversial. The Online Compliance Intervention (herewith “OCI” or “RoboDebt”) is a system of compliance implemented with the intention to facilitate automatic issuance of statutory debt notices to individuals, taking a receipt of welfare payments and exceeding their entitlement. The system appears to employ rudimentary data scraping and expert systems to determine whether notices should be validly issued. However, many individuals that take receipt of debt notices assert that they were issued in error. The commentary on the system has resulted in a lot of conflation of the system with other system types and caused many to question the role of decision of support systems in public administration given the potentially deleterious impacts of such systems for the most vulnerable. The authors employ a taxonomy of Robotic Process Automation (RPA) issues, to review the OCI and RPA more generally. This paper identifies potential problems of bias, inconsistency, procedural fairness, and overall systematic error. This research also considers a series of RoboDebt specific issues regarding contractor arrangements and the potential impact of the system for Australia's Indigenous population. The authors offer a set of recommendations based on the observed challenges, emphasizing the importance of moderation, independent algorithmic audits, and ongoing reviews. Most notably, this paper emphasizes the need for greater transparency and a broadening of criteria to determine vulnerability that encompasses, temporal, geographic, and technological considerations.
Conference papers on the topic "Administrative contracts validity"
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Widhiantono, M., Achmad Busro, and Ery Priyono. "Juridical Review of Validity of the Gross Split Sharing Contract Agreement in Oil and Gold Business Activities." In 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.17-7-2019.2303329.
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Klopp, Adam, Jack Schultz, and Ali Tajaddini. "Passenger Vehicle Characterization, Modeling, Validation, and Sensitivity Analysis." In 2018 Joint Rail Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/jrc2018-6194.
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As part of the vehicle qualification process, the Federal Railroad Administration (FRA) currently requires in its track and passenger equipment safety standards that a validated vehicle model be used to demonstrate safe dynamic vehicle response to allowable track geometry variations. Transportation Technology Center, Inc. (TTCI) was contracted by FRA to characterize, model, and analyze a high speed passenger vehicle in order to provide guidance related to the vehicle qualification process. The overall objective of the project was to evaluate methods required to demonstrate the validity of a vehicle dynamics model project and investigate how different input parameters affect the accuracy of the model. The project consisted of four main tasks: (1) characterize a high speed passenger vehicle; (2) develop a mathematical model of the vehicle using measured parameters; (3) validate the mathematical model using on-track tests; and (4) conduct a sensitivity analysis of the vehicle model to determine the critical parameters. FRA tasked TTCI with applying the testing and modeling methodology to FRA’s DOTX 216 geometry car. Specific parameters were identified that needed to be measured in order to develop a dynamic vehicle model of the car. A characterization test regime was outlined and performed to determine the necessary mass, stiffness, and damping characteristics, and the measured parameter values were used to create a mathematical model of the vehicle using TTCI’s NUCARS®* dynamic modeling software. A series of on-track validation tests were performed on different tracks at the Transportation Technology Center (TTC) using the DOTX 216 car to facilitate model validation efforts. The model was then used to simulate the on-track testing regime conducted at TTC. Model validation was evaluated using displacement, acceleration, and wheel/rail force measurements. Results from the simulations and test data were compared using multiple methods to demonstrate the validation of the DOTX 216 model. TTCI also conducted a parameter sensitivity analysis using the validated model to assess its sensitivity to changes in different parameter values and to identify the most critical parameters for simulating passenger vehicles. The testing, modeling, and model validation methodology described in this work provide a practical example of developing a validated vehicle model for use in the vehicle qualification process.
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Beavers, J. A., C. S. Brossia, and R. A. Denzine. "Development of Selective Seam Weld Corrosion Test Method." In 2014 10th International Pipeline Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/ipc2014-33562.
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Selective seam weld corrosion (SSWC) of electric resistance welded (ERW) pipelines has been identified as a potential risk to pipeline safety. Due to recent pipeline failures, where seam weld defects may have played a significant role, the National Transportation Safety Board called upon the Pipeline and Hazardous Materials Safety Administration (PHMSA) to conduct a comprehensive study to identify actions that can be used by operators to eliminate catastrophic longitudinal seam failures in pipelines. Battelle contracted Kiefner and Associates, Inc. and Det Norse Veritas (U.S.A.) Inc. (DNV GL) with the objective to assist PHMSA in addressing this issue. The objective of one of the tasks performed by DNV GL was to develop a reliable, rapid, non-destructive, field-deployable test method that can quantify SSWC susceptibility on operating pipelines containing ERW seams. For this effort, two different, field deployable, non-destructive methods were evaluated in laboratory testing. The methods were validated using a standard destructive test for assessing SSWC susceptibility. One method was based on measurement of the local potential difference between the seam weld and the adjacent base metal while the second was based on differences in the corrosion kinetics between the seam weld and the base metal. The method that is based on corrosion kinetics was found to be most effective in identifying SSWC susceptible pipe steels. It utilizes a barnacle cell to conduct linear polarization resistance measurements on small, selected areas of the pipe (e.g., the weldment or base metal). Additional laboratory as well as field-testing is planned to further validate the test method.
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Eshraghi, Shaun, Kristine Severson, David Hynd, and A. Benjamin Perlman. "Finite Element Analysis of the Passenger Rail Equipment Workstation Table Sled Test." In ASME 2018 International Mechanical Engineering Congress and Exposition. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/imece2018-87751.
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Fixed workstation tables in passenger rail coaches can pose a potential injury hazard for passengers seated at them during an accident. Tables designed to absorb impact energy while minimizing contact forces can reduce the risk of serious injury, while helping to compartmentalize occupants during a train collision. The Rail Safety and Standards Board (RSSB) in the U.K. issued safety requirement GM/RT2100, Issue 5 [1] and the American Public Transportation Association (APTA) in the U.S. issued safety standard APTA PR-CS-S-018-13, Rev. 1 [2] with the goals of setting design and performance requirements for energy-absorbing workstation tables. The U.S. Department of Transportation, Federal Railroad Administration (FRA) Office of Research, Development and Technology directed the Volpe National Transportation Systems Center (Volpe Center) to evaluate the performance of the Hybrid-III Rail Safety (H3-RS) anthropomorphic test device (ATD), also known as a test dummy, in the APTA sled test in order to incorporate a reference to the H3-RS in the safety standard. The Volpe Center contracted with the manufacturer of the H3-RS, Transport Research Laboratory (TRL), in the U.K. to conduct a series of sled tests [3] with energy-absorbing tables, donated by various table manufacturers. The tables were either already compliant with the RSSB table standard or were being developed to comply with the APTA table standard. The sled test specified in Option A of the APTA table standard involves the use of two different 50th percentile male frontal impact ATDs. The H3-RS and the standard Hybrid-III (H3-50M) ATDs performed as expected. The H3-RS, which features bilateral deflection sensors in the chest and abdomen, was able to measure abdomen deflections while the H3-50M, which features a single sensor measuring chest compression, was not equipped to measure abdomen deflection. This study attempts to validate a finite element (FE) model of the APTA 8G sled test with respect to the thorax response of the H3-RS and H3-50M. The model uses a simplified rigid body-spring representation of one of the energy absorbing tables tested by TRL. The FE models of the H3-RS ATD and the H3-50M ATD were provided by TRL and LSTC, respectively. Results from the sled tests and FE simulations are compared using data obtained from the chest accelerometer, the chest and abdomen deflection sensors, and the femur load cells. Using video analysis, the gross motion of the dummies and table are also compared. Technical challenges related to model validation of the 8G sled test are also discussed. This study builds on previous analyses conducted to validate the abdomen response of the H3-RS FE model, which are presented in a companion paper [4].
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Carolan, Michael, Benjamin Perlman, and David Tyrell. "Crippling Test of a Budd Pioneer Passenger Car." In 2012 Joint Rail Conference. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/jrc2012-74087.
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This research program was sponsored by the Federal Railroad Administration (FRA) Office of Research and Development in support of the advancement of improved safety standards for passenger rail vehicles. FRA and the Volpe National Transportation Systems Center (Volpe Center) have conducted a research program to develop alternative methods for demonstrating occupied volume integrity (OVI) of passenger rail cars using a combination of testing and analysis. Previous publications have addressed the planning and progress of a series of tests intended to examine the collision load path through the occupant volume of passenger cars equipped with crash energy management (CEM) systems. This program has included an elastic 800-kip buff strength test, two quasi-static tests that loaded a passenger car to its ultimate (crippling) capacity, and corresponding finite element (FE) analyses of each test. This paper discusses the two crippling tests and the companion FE analyses. One alternative method for evaluating OVI moves the applied loads from the line of draft to the collision load path. This alternative methodology also permits a combination of testing and analysis to be used to demonstrate the car’s OVI, in contrast to the conventional methodology (as prescribed in existing FRA regulations) which only permits testing. The alternative methodology was adopted as the recommendations developed by the Railroad Safety Advisory Committee’s (RSAC) Engineering Task Force (ETF) in its “Technical Criteria and Procedures for Evaluating the Crashworthiness and Occupant Protection Performance of Alternatively-Designed Passenger Rail Equipment for Use in Tier I Service.” The research program was undertaken to verify the efficacy of using a combination of elastic testing and plastic analysis to evaluate the OVI of a passenger car loaded along its collision load path as prescribed in the ETF report. Earlier in this research program an elastic test of a Budd Pioneer car was used to validate an FE model of the car, per the ETF’s procedures. This model was then modified to reflect the condition of the car in its crippling test configuration. The model was used to simulate the crippling behavior of the car, following the ETF’s procedures. Two Pioneer cars were then tested to crippling to provide additional data to validate the FE model and the proposed alternative OVI evaluation. Because the test cars used in this research program were equipped with CEM systems, the alternative evaluation loads were placed at the locations where the energy-absorbing components attached to the occupant volume. During both crippling tests, loads were measured at each energy-absorber support location on the live and restrained ends of the car. Additional instrumentation used in the second crippling test included strain gages on the major longitudinal structural members, displacement transducers at each load location, and vertical, lateral, and longitudinal displacement transducers on the underframe of the car. The results of the FE analysis compare favorably with the results of the crippling tests. In particular, the crippling loads are consistent between the tests and analysis: crippling loads for the first and second cars tested were 1.15 and 1.19 million pounds respectively, and the pre-test FEA estimated a crippling load of 1.19 million pounds. The research program has established a technical basis for the alternative OVI requirements and methodology.
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Young, Bruce A., Steve Nanney, Brian Leis, and Jennifer M. Smith. "Overview of a Comprehensive Study to Understand Longitudinal ERW Seam Failures." In 2014 10th International Pipeline Conference. American Society of Mechanical Engineers, 2014. http://dx.doi.org/10.1115/ipc2014-33226.
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In response to the National Transportation Safety Board (NTSB) Recommendation P-09-1, the Department of Transportation (DOT) Pipeline and Hazardous Material Safety Administration (PHMSA) initiated a comprehensive study to identify actions that could be implemented by pipeline operators to eliminate longitudinal seam failures in electric resistance weld (ERW) pipe. This study was contracted with Battelle, working with Kiefner and Associates (KAI) and Det Norske Veritas (DNV) as subcontractors. The purpose of this paper is to provide an overview of the project with focus on the study objectives, results, and on-going work. Phase I of the project consisted of four major tasks aimed at understanding the current state of the issues. Task 1 analyzed the databases gathered and qualified in five interim reports that dealt with 1) the failure history of vintage ERW seams, including flash-weld (FW) pipe and selective seam-weld corrosion (SSWC); documented in two subtask 1.4 reports, 2) the effectiveness of in-line inspection (ILI) and hydrotesting, and experience with predictive modeling, documented in subtask reports 1.2 and 1.3 and 3) literature concerning SSWC documented in subtask 1.5 report. Task 2 addressed experimental studies designed to better characterize the failure of ERW/FW seams and quantify the resistance of such seams (Subtask 2.1–2.3 and 2.6 reports) and their response to pressure (Subtask 2.4 and 2.5 reports). Task 3 considered aspects related to SSWC with four separate reports from subtask 3.1–3.4. Task 4 focused on integration of the other tasks, trending, and analysis. Phase II has been initiated and consists of five tasks with the following objectives relevant to the ERW and FW process: 1) develop and optimize viable hydrotest protocols for ERW/FW seam defects 2) improve the sensors, interpretive algorithms, and tool platforms in regard to ILI and In-the-Ditch-Methods (ITDM) to better ensure structural integrity with optimized detection and sizing, 3) bridge gaps in defect characterization in regard to types, sizes, shapes, and idealizations. The goal of this subtask is to increase pipeline safety through improvements in the tools needed to implement both ILI and hydrotesting, 4) validate existing models and, where gaps preclude validation, refine or develop models needed to assess and quantify defect severity for cold welds, hook cracks, and selective seam weld corrosion (SSWC) (the primary threats) for failure subject to loadings that develop both during hydrotests and in service, and 5) develop a digitally based framework to support integrity management of seam welds with enough flexibility to benefit from the experience embedded in the stopgap protocol. To date, this study has led to seventeen (17) reports. These publically available reports are located on the PHMSA website: http://primis.phmsa.dot.gov/matrix/PrjHome.rdm?prj=390. Based on the work completed during Phase I, gaps identified in the context of the NTSB Recommendation P-09-1 were supported by the historic records. Additionally, recent improvements in related technologies and integrity management practices point to the practical utility and viability of PHMSA’s current approach to manage the integrity of the U.S. pipeline.