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Seibert, Guilherme. "Os contratos de EPC : entre tipicidade e atipicidade." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2017. http://hdl.handle.net/10183/170681.
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O presente trabalho analisa a qualificação do tipo social do contrato de EPC (Engineering, Procurement and Construction) na ordem jurídica brasileira em face do tipo legal do contrato de empreitada. Investiga-se, portanto, a existência de identidade ou diferença entre ambos os tipos a fim de que se possa dar ao EPC a devida qualificação jurídica. Para isso, no Capítulo I, são apresentados os caracteres gerais dos contratos de construção, com foco na delimitação do espaço normativo específico ocupado pelo contrato de empreitada. No Capítulo II, apresenta-se o Contrato de EPC. São delineadas suas principais características gerais para que, em um segundo momento, possa-se aprofundar a análise a partir do emprego do método tipológico. Por fim, no Capítulo III, demonstra-se a forma como o regulamento dos contratos atípicos mistos em geral é construído para, posteriormente, analisar-se a formação do regulamento do EPC em seus principais pontos.The present work analyzes the qualification of the social type of the EPC Contract (Engineering, Procurement and Construction) in the Brazilian legal order in consideration with the legal type of the works and supply contract. It is therefore investigated the existence of an identity or difference between the two contractual types in order to give the EPC the appropriate legal status. For this purpose, in Chapter I the general characteristics of construction contracts are presented, focusing on the delimitation of the specific normative space occupied by the works and supply contract. In Chapter II, the EPC Contract is presented. Its main general characteristics are presented so that, in a second moment, one can deepen the analysis using the typological method. Finally, Chapter III demonstrates the way in which the regulation of mixed atypical contracts in general is constructed, so that it can be analyzed the formation of the EPC regulation in its main points.
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Pasco, Cosmópolis Mario. "Los contratos temporales: exposición y crítica." Pontificia Universidad Católica del Perú, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/116777.
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Temporary contracts: exposition and criticThe contract of term or fixed term or determined period constitutes one of the most frequent modalities of so-called atypical contracting. EfrénCórdova, in his famous presentation at XI World Congress of the International Society for Labor Law and Social Security (Caracas 1985), noted that, being typical the contract celebrated between an employer and a worker, to be executed to full time at the center of work and for an indefinite atypicalperiod, comes to be one that lacks any of these attributes, this is: (i) in which involves more than one employer, or (ii) the journey is partial or doesn’t fit to traditional parameters of eight hours per day and forty-eight a week at most, or (iii) performs out the usual local, or (iv) is for adefined time. It is about these lasts that is dedicated the present article.El contrato a término o plazo fijo o de duración determinada constituye una de las modalidades más frecuentes de la llamada contratación atípica.Efrén Córdova, en su célebre ponencia en el XI Congreso Mundial de la Sociedad Internacional de Derecho del Trabajo y de la Seguridad Social (Caracas 1985), señaló que, siendo típico el contrato celebrado entre un empleador y un trabajador, para ser ejecutado a jornada completa en el centro de trabajo de aquel y por tiempo indefinido, atípico viene a ser aquél quecarece de alguno de esos atributos, esto es: (i) en el que participa más de un empleador, o (ii) la jornada es parcial o no se ajusta a los parámetros clásicos de ocho horas por día y cuarenta y ocho a la semana como máximo, o (iii) se desempeña fuera del local habitual, o (iv) es por tiempo definido.Es a estosúltimos que está dedicado el presente artículo.
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Sancho, Calderón Diego. "Selection of contract type in construction contracts: Lump-Sum, Target-cost and Cost-plus contracts." Thesis, Blekinge Tekniska Högskola, Institutionen för industriell ekonomi, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:bth-14823.
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The construction contract is a document which governs the business relationship of Contractor and Employer for the duration of a construction project. However, the selection of the contract type for the project tends to be performed too shallowly. The present thesis aims to analyse how the contract type is chosen among the three paradigmatic contracts considered here: lump-sum contracts, target-cost contracts and cost-plus contracts. The basis of the study is a case study performed on Project X, a large mine construction project in Western Europe. The relevant literature to the subject was reviewed, mainly the principal-agent theory, literature on risk allocation and on contract selection. After identifying several factors which may influence the contract selection in the literature and in a preliminary interview, a survey was conducted to assess their relative influence in general and in particular for the Project X. The survey was responded by a small sample of highly qualified and experienced managers. and was complemented with in-depth interviews with the majority of them. Some research on the project and on contract documents of the NEC standard contract was also performed in order to provide a context of the characteristics of Project X. The findings of the three sources made it possible to confirm the influence on the selection of the contract type of many of the factors proposed. It was possible to shortlist a small number of factors which influenced the most the selection of the contract type for Project X. These were the preferred risk allocation by the parties, the ability to adapt the contract to scope changes, the knowledge of each contract type by the contracting parties, the improvement of the project delivery by the contract type and the aim to enhance cooperation between the parties. Factors not present in previous research were also discovered, such as the different financial costs of the contract types and the requirement of financial information by the funders of the parties. The very different opinions of the respondents to the survey and interviews regarding the selection of the contract type confirm that the parties should consider in more detail that complex process, because by now the parties are not really sure why they are choosing a certain contract type. Further research should be performed in the future to analyse the factors which influenced the contract type selection in other projects. The projects could also be analysed during their whole duration. Other contract types or variants of the three contract types studied in this thesis could also be added to the analysis.
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Mallmann, Frederico Baptista. "Parâmetros para a interpretação do contrato de shopping center no direito brasileiro : atipicidade e coligação contratual." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2018. http://hdl.handle.net/10183/185048.
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Esta dissertação apresenta um estudo a respeito da interpretação do contrato de cessão remunerada de espaço para instalação de loja em shopping center, denominado como “contrato de shopping center”, visando à estipulação de parâmetros hermenêuticos que auxiliem na busca do seu conteúdo. Para isso, procede-se, em primeiro lugar, à devida caracterização deste contrato, em seus aspectos econômico-negociais e jurídicos, que são decisivos para o desenvolvimento do estudo quanto à sua interpretação. Em especial, manifesta relevância o estudo da sua qualificação jurídica, que parte das duas principais discussões percebidas na doutrina e na jurisprudência nesse tocante, a respeito da tipicidade ou atipicidade do contrato e da presença de coligação contratual nesta relação negocial. Expostas as características de cada categoria, compreende-se que o contrato de shopping center é um contrato atípico misto, que apresenta coligação com outros, para a consecução da finalidade socioeconômica do empreendimento. Tal qualificação tem repercussões na interpretação deste contrato, uma vez que atrai a consideração de fatores específicos no processo hermenêutico, em conjunto com a aplicação das normas legais sobre a interpretação dos contratos (arts. 112, 113 e 423 do Código Civil). Assim sendo, com base na doutrina e na análise de precedentes jurisprudenciais, especialmente sobre o contrato de shopping center, estabelece-se que o intérprete desse contrato deve observar a incidência das referidas normas legais sob a perspectiva de tal qualificação contratual, que atrai os seguintes parâmetros interpretativos: pela sua atipicidade mista, a preeminência das disposições contratuais estipuladas pelas partes em face dos modelos legais típicos, considerando a relevância dos usos e costumes na definição desse sentido, mediante o tipo socialmente formado, e a possibilidade de aplicação de tais modelos legais típicos, se não contrariar o significado próprio do contrato; pela presença de coligação contratual, a “ampliação” do material interpretativo, impondo a consideração dos demais contratos vinculados na interpretação do contrato coligado, e a maior relevância da função socioeconômica supracontratual exercida pelos contratos em conjunto para a definição do conteúdo do contrato na coligação.This dissertation presents a study on the construction of the contract for the lease of premises for retail stores in shopping centers - named “shopping center contract” - in order to establish hermeneutic parameters that assist in the definition of its content. For that we will first characterize such contract according to its economic, trading and legal aspects, which are decisive for the development of the study concerning its construction. In special, the study of its legal qualification reveals importance in that matter: this qualification is grounded on two major debates perceived in the jurisprudence and in the case law in this subject - the characterization of the contract as “typical” or “atypical” and the presence of linked contracts in this business relationship. Once the features of each of these categories are exposed, we can understand the “shopping center contract” as a “mixed atypical contract”, which is linked to other contracts for the achievement of the socioeconomic purposes of the enterprise. Such legal qualification has bearing in the construction of the shopping center contract, as it draws the consideration of specific elements in the hermeneutical process, along with the application of statutory rules for the construction of contracts (articles 112, 113 and 423 of the Brazilian Civil Code). Therefore, based on the jurisprudence and on the analysis of case law, specially surrounding the “shopping center contract” in Brazil, we can establish that the legal interpreter of this contract must abide by the application of the aforementioned statutory rules under the perspective of such legal qualification, which by its turn casts construction parameters into consideration. These are: due to its nature as a mixed atypical contract, the preeminence of the contractual terms agreed upon by the parties vis-à-vis the typical statutory legal standards, considering also the importance of the customary practices in the definition of its content, through the socially formed contractual type, in addition to the possibility of the application of such typical statutory legal standards when they are not conflicting with the contract’s own meaning; and, due to the presence of linked contracts, the “enlargement” of the subject matter to be construed, which imposes the consideration of the remaining linked contracts in the interpretation of the contract at hand, and the superior relevance of the socioeconomic function of the union of all linked contracts for the definition of a contract’s content within its group.
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Ackerman, David T. "International contracts a quantitative analysis of transnational contract formation." Honors in the Major Thesis, University of Central Florida, 2011. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/8.
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Globalization is the promise of the future, and it presents, quite literally, a world of opportunities not available in the past. International collaborations in science, research, and business now enjoy increased probabilities of success, in part, because of the advance in technology and the possibility of instantaneous communications. The convenience, simplicity and affordability of technology are helping to make the world accessible to almost everyone. With new availability of international concerns and the growth of global partnerships in all areas of interest, an increased need arises for agreements that memorialize collaborators' commitments, responsibilities and obligations. There is a corresponding concern that the agreements be enforceable across national and international lines should anything go wrong. There is no collaboration, partnership or venture that will not be touched in some way by the law. Whose law governs and how rules and regulations of different nations will be applied are of escalating concern. Empirically examining the state of international contract law is the overarching focus of my research. Adopting a research methodology involving both quantitative and qualitative techniques, I am investigating whether any consistency exists between attorneys of different practice sectors (academic, government, corporate and private) considering choice of law, enforcement of contract provisions, and the inclusion of preventative measures of international contracts. My results contribute to the future success of international collaborations of all concerns by empirically identifying the need for increased education on various dispute resolution options, as well as the effect cultural awareness has on the drafting of international contracts.ID: 030476559; System requirements: World Wide Web browser and PDF reader.; Mode of access: World Wide Web.; Accepted in partial fulfillment of the requirements for honors in the major in Legal Studies.; Thesis (B.A.)--University of Central Florida, 2011.
B.S.
Bachelors
Health and Public Affairs
Legal Studies
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Edwards, John Hairston. "Contract administration of Department of Defense environmental restoration contracts." Thesis, Monterey, California. Naval Postgraduate School, 1992. http://hdl.handle.net/10945/25788.
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Edwards, John Hairston. "Contract administration of Department of Defense environmental resoration contracts." Thesis, Massachusetts Institute of Technology, 1992. http://hdl.handle.net/1721.1/45733.
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Bomprezzi, Chantal <1990>. "Implications of Blockchain-Based Smart Contracts on Contract Law." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2021. http://amsdottorato.unibo.it/9654/1/bomprezzi_chantal_tesi.pdf.
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Smart contracts are the most advanced blockchain applications. They can also be used in the contractual domain for the encoding and automatic execution of contract terms. Smart contracts already existed before the blockchain, but they take advantage of the characteristics of that technology. Namely, the decentralised and immutable characters of the blockchain determine that no single contracting party can control, modify, or interrupt the execution of smart contracts.
As every new phenomenon, blockchain-based smart contracts have attracted the attention of institutions. For example, in its Resolution of 3 October 2018 on distributed ledger technologies and blockchain, the European Parliament has
stressed the need to undertake an in-depth assessment of the legal implications,starting from the analysis of existing legal frameworks. Indeed, the present research thesis aims to verify how blockchain-based smart contracts fit into
contract law. To this end, the analysis starts from the most discussed and relevant aspects and develops further considerations. Before that, it provides a detailed description and clarifications about the characteristics, the functioning, and the development of the technology, which is an essential starting point for a high-level quality legal analysis. It takes into considerations already existing rules concerning the use of technology in the life cycle of contracts, from vending machines to computable contracts, and verifies its applicability to blockchain-based smart contracts.
The work does not limit to consider the mere technology, but some concrete scenarios of adoption of blockchain-based smart contracts in the contractual domain. Starting from the latter, it focuses on the implications of blockchain-based
smart contracts on contract formation, contract performance, and applicable law and jurisdiction.
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ATZEI, NICOLA. "From behavioural contracts to smart contracts." Doctoral thesis, Università degli Studi di Cagliari, 2019. http://hdl.handle.net/11584/261568.
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The notion of contract in computer science has been associated with several fields and application. The term of contract programming was firstly conceived in 1986 by Bertrand Meyer in connection with the design of the Eiffel programming language. The idea was that software systems collaborate on the basis of mutual obligations and benefits.
The widespread of distributed application and the interaction with third party services brought to the adoption of contracts in defining software behaviours. In such settings, contracts are important for correctly designing, implementing, and composing distributed software services. They can be used at different levels of abstraction and with different purposes, e.g. to model the possible interaction patterns of services, with the typical goal of composing honest services which guarantee deadlock-free interactions, or to model Service Level Agreements (SLAs), specifying what has to be expected from a service, and what from the client.
Recently, the notion of smart contracts was introduced in 1997 by Nick Szabo to describe agreements between two or more parties that can be automatically enforced without a trusted intermediary. With the advent of distributed ledger technologies, led by Bitcoin and Ethereum, smart contracts are rendered as computer programs under the control of a peer-to-peer network that creates and executes them. Moreover, smart contracts control valuable assets. In recent years several attacks were carried on against organization and platforms, leading to huge money losses.
Formal models have always been paramount in abstracting complex and elaborated realities and providing solid bases to enable formal reasoning about problems. While this aspects were largely considered for behavioural contracts, they are still a novelty for smart contracts. Moreover, domain-specific languages (DSLs) are crucial in simplifying the adoption of new technologies and help developers in avoiding common mistakes.
This thesis presents the application of formal methods and DSLs both to behavioral contracts and smart contracts.
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Rodríguez, García Gustavo Manuel. "The desorientaded aerialist: Evolutionary dynamics of contract clauses in predisposed contracts and the poor quality myth of consumer contracts." Pontificia Universidad Católica del Perú, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/116512.
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The standard-form agreements, pejoratively labeled as “adhesion contracts”, have bad reputation. A significant number of academics and most of consumer protection authorities often believe that the absence of negotiation and the preponderance of rights and benefits assigned to suppliers (versus costs, obligations or limitations imposed to consumers) show a kind/ sort of abuse against an alleged weak party of the consumption relationship. In this article, Professor Rodríguez García states that the skeptic and hostile vision regarding the standard-form agreements is wrong and is based on a poor understanding of the incentives and purposes that this type of contractingfulfills. On the contrary, the author intends to state that the control of clauses included in consumption contracts is prejudicial to consumers. Therefore,this is a control type that should be removed from the legal system.Los contratos predispuestos - peyorativamente conocidos como «contratos de adhesión»— tienen mala fama. Una buena porción de académicos y un mayoritario sector de las autoridades de protección al consumidor suelen creer que la ausencia de negociación y la preponderancia de derechos o beneficios asignados al proveedor (versus los costos, obligaciones o limitaciones impuestos al consumidor) revelan una suerte de abuso en contra de una presunta parte débil de la relación de consumo. En este artículo, el profesor Rodríguez García sostiene que la visión hostil o escéptica respecto de los contratos predispuestos es equívoca y se funda en una comprensión pobre de los incentivos y fines que este tipo de contratación desempeña. Por el contrario, el autor pretende poner de manifiesto que el control de las cláusulas contenidas en contratos de consumo perjudica al consumidor y que, por tanto, es una forma de control que debería ser eliminada del sistema legal.
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Yigit, Muhammet Alper. "Contract Management Behavior Of Turkish Construction Companies In International Contracts." Master's thesis, METU, 2009. http://etd.lib.metu.edu.tr/upload/12610374/index.pdf.
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Contract management starts with the contract negotiations and lasts until the end of the contract, and is the process that covers three fundamental functions required to compensate the goals of the projectRelationship Management, Project Delivery, and Administration of the contract. This thesis focused on investigating contract management behavior of Turkish construction companies in international projects. A survey was composed and interviewed with professionals for investigating the contract management behavior of contractors. The survey aimed to investigate
factors influencing contractors&rsquo
behaviors, key success factors for contract management, company contract management organizations, claim issues, and conflict and dispute resolution behavior of firms. 51 companies participated to the survey. The survey results revealed that Turkish contractors consider contract management to be significant for success at international markets. Contractors are aware of the need for a continuous contract management application although this rate cannot be achieved in practice. Considering awareness as a driving factor for improvement it can be estimated that in future Turkish contractors will be managing their contracts in more efficient, organized and systematic ways than today. Results revealed that
contract management behaviors are mostly affected by the risk and complexity of the project, regular contract process is the most impactful process on the success, and change order requests of the owners are the most frequent reasons of claims. According to respondents contract management can reduce number of conflicts and disputes.
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Cantuarias, Salaverry Fernando, and Deville José Luis Repetto. "Arbitration; Multi-Contract; Group of Contracts; Arbitration Agreement; Complex Arbitrations." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123856.
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The globalized world demands increasingly complex contractual operations. In that context, businesses have implemented multiple related contracts with the aim of achieving a common goal.In this paper, the authors analyze the complex situation of the arbitration regarding multiple contracts. Through the review of relevant case-law, the various solutions that characterize arbitration between multiple contracts are described. Finally, the authors address the overlap of non-signatory parties in the context of multiple contracts.El mundo globalizado exige operaciones contractuales cada vez más complejas. En ese contexto, los negcios han implementado multiples contratos conexos con el objetivo de conseguir un fin común.En el presente artículo, los autores analizan la compleja situación del arbitraje en el contexto de múltiples contratos. A través de la revisión de la jurisprudencia relevante, se describen las diversas soluciones que caracterizan un arbitraje frente a múltiples contratos. Finalmente, los autores abordan la superposición de partes no signatarias en el contexto de múltiples contratos.
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Zeng, Shuo. "Topics of Principal-Agent Contracts: Contract Analysis and Pooling Principals." Diss., The University of Arizona, 2015. http://hdl.handle.net/10150/577498.
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Consider companies who rely on revenue generating equipment that fails from time to time. Assume that a company owns one unit of equipment, whose maintenance and repair services are outsourced to a qualified service provider. We assume that the company (the principal) outsources the maintenance and repair services using performance based contracts. Such contractual relationships fall into economics' principal-agent framework. The owners of the revenue generating units are referred to as principals, and the service provider as the agent. We address the following questions: What are the optimal contracting strategies for a principal and an agent? Can the agent benefit from pooling the service demands from multiple principals? This dissertation contains two main bodies of work contained in chapters 2-7 and chapters 8-13 respectively. In the first part of this dissertation (chapters 2-7) we examine the contractual options between a single principal and a single agent. The contractual options of a principal and an agent are modeled as a Markov process with an undetermined time horizon. For a risk neutral principal we identify the conditions under which a principal contracts with a risk-neutral, risk-averse, or risk-seeking agent and derive the principal's optimal offer and the agent's service capacity response. In essence, we provide an extensive formulating analysis of principal-agent contracts given any exogenous parameter values. That is, we derive mathematical formulas for the optimal contract offers and the agent's optimal service capacity. It turns out that a small number of formulas cover a large spectrum of principal-agent conditions. In the second part of this dissertation (chapters 8-13), in a counter distinction to the vast literature in economics on principal-agent contractual interplay and its predominant concern with the principal, here we focus on the agent. In the case of performance based service contracts it is known that the principal extracts all the economic surplus and the agent breaks even. But this is not the case for an agent of good standing contracting with multiple principals. We show that an agent who contracts a collection of principals with interdependent failure characteristics does better than break-even - such an agent realizes a profit rate that is convexly increasing in the number of principals. The corresponding cooperative game assessing each principal's contribution to the agent's profit is convex and its easily computable Louderback's value seems always to be in its core. In chapter 14 we present the outline of a future study that compares several different options of contract structure faced by the principal and the agent, because the optimal contracting strategies for the principal and the agent may not necessarily be the same under different contract structures. We discuss briefly the agent's and the principal's behavior under different forms of performance based contract, which serves as a starting point for future extensions of this dissertation. To summarize, this dissertation provides practical mathematical results and important managerial insights into the principal-agent contract in equipment repair services industry.
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Araujo, Paula Miralles de. "Contratos Built to Suit.: qualificação e regime jurídico." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-09122015-140803/.
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O objetivo desta dissertação é apresentar uma análise profunda sobre os contratos built to suit ou contratos de locação nos contratos de construção ajustada. Para tanto, parte-se do exame das peculiaridades, obrigações e dos deveres inerentes a esse modelo contratual. A partir daí, com base na teoria dos contratos atípicos, busca-se apresentar as variáveis e os critérios que podem nortear sua qualificação e, como consequência, a definição das regras a ele aplicáveis. Pretende-se também apresentar o exame do contrato no contexto de conexão negocial no qual ele normalmente se insere na prática jurídica. As conclusões dessa análise serão, ao final, examinadas à luz da Lei do Inquilinato, especialmente das alterações incluídas pela Lei nº. 12.744, de 19 de dezembro de 2012.The purpose of this essay is to present an in-depth assessment of built to suit contracts or lease agreements in adjusted construction contracts. To that end, this essay will first analyze the particularities, obligations and duties that are inherent to that contractual type. Subsequently, based on the unregulated contracts doctrine, this essay will seek to present the variables and criteria that may serve as guidelines to qualify those contracts and, accordingly, to unveil the rules applicable to them. This paper will also examine those contracts in their business context from a legal practice perspective. Lastly, the conclusions of this assessment will be considered in light of the Brazilian Tenancy Law, and more specifically of the amendments brought by Law No. 12,744, of December 19, 2012.
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Liu, Jinhe. "Four essays in contracts and industrial organizations /." View abstract or full-text, 2005. http://library.ust.hk/cgi/db/thesis.pl?ECON%202005%20LIU.
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Poon, Kan-young, and 潘根濃. "The bidding behavior of contractors in private and public sector construction projects." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2011. http://hdl.handle.net/10722/193476.
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This study investigates the behavior of contractors when submitting bids under different institutional arrangements. Construction projects under the private and public sectors in Hong Kong operate under two distinct contractual and bidding arrangements giving different degrees of risk and uncertainty to the contractors. First, private sector projects in Hong Kong invariably adopt conditions of contracts that shift more risk to the contractor. A typical example is private sector projects do not normally allow fluctuation adjustments, thereby shifting the risks of future increase in prices of construction resources to the contractor. Public sector construction projects include fluctuation clauses for projects of duration over 21 months (Later extended to all contracts via Circular DEVB(PS)107/3 dated 18 July 2008). Second, it is common practice for private sector clients to negotiate with the contractors after they have submitted their bids. Although in some cases, private sector clients may also simply accept the lowest tender, bidders would normally anticipate that they are likely to negotiate with them after the bids are opened. This practice, however, is not allowed in public sector projects. For reasons of public accountability, Government tendering procedures do not allow changes to the bid price after the tenders have been submitted and the time for return lapsed (except for specifically approved cases). This requirement basically bars any price negotiation as in the case of private projects. We conjecture that these two differences in institutional arrangements have significant impact on bidders’ behavior, which would be characterized by the distribution and pattern of the submitted bid prices.
Based on records of bid prices for 105 contracts tendered during the period 1997 and 2007, we found that public sector bids are more skewed to the left (or have a longer tail towards the left) than private sector bids, ceteris paribus. This means that low bids for public sector projects are more scattered than those of private sector projects. This result is consistent with the hypothesis that bidders attempt to hide their true bid prices by submitting higher bids when the client is not bound to accept the lowest tender.
The empirical results also suggest that the bid-spread, as defined by the percentage difference between the lowest and second lowest bid, is higher when post tender negotiation is prohibited. Bidders would tend to submit more aggressive bids for public sector projects, knowing that they would not have a second chance to adjust their bid prices at a later stage. This suggests a higher probability of winner’s curse for public sector projects.
For private sector projects that do not include fluctuation clauses, the bid-spread is also affected by the expected risk of future increase in the prices of construction resources. When such risk is high, bidders will become more cautious when submitting their bids and thus resulting in a lower bid-spread.
The bid distributions for public sector project have thicker tails on both ends compared to those of private sector projects due to its prequalification system and the practice of acceptance of the lowest bid. The empirical evidence in this study confirms this. In addition, market conditions, number of bidders, contract size and the proportion of prime cost and provisional sum as a percentage of the contract sum are also important determining factors of biding behavior.
The results of this study show that institutional arrangements matters in determining bidding behavior. Previous studies that attempt to estimate the distribution of bid prices for construction projects have largely ignored the importance of institutional arrangements, which may therefore lead to biased results. The results of this study contribute to our understanding of bidder’s behavior when bidding for construction projects under different institutional arrangements. The understanding will be useful in handling bidding exercises for new construction projects and the advancement of studies on bidding strategy models.published_or_final_version
Real Estate and Construction
Master
Master of Philosophy
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Azeredo, João Fábio Azevedo e. "Reflexos do emprego de sistemas de inteligência artificial nos contratos." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-12122014-150346/.
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O presente trabalho analisa os efeitos jurídicos do uso de sistemas de inteligência artificial na formação dos contratos eletrônicos, bem como a aplicabilidade dos institutos do erro e do dolo civil a essas modalidades de contrato. Por se tratar de tecnologia que permite extremo grau de independência do sistema em relação à sua programação original, será investigado se a chamada declaração de vontade eletrônica, realizada por meio de uso dessa tecnologia, possui alguma especialidade e quais as conseqüências jurídicas da sua adoção.This dissertation analyzes the legal effects of the use of artificial intelligence systems in the formation of contracts, as well as the applicability of the institutes of error and deceit in such contracts. Because this technology allows for an extreme degree of independence of the system in relation to its original programming, it is investigated whether statements issued with the use of such technology have any specificity and what are the legal consequences of its adoption.
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Reiche, Sonje. "Contract renegotiation under asymmetric information : on the foundations of incomplete contracts." Thesis, London School of Economics and Political Science (University of London), 2001. http://etheses.lse.ac.uk/1634/.
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The dissertation explores the effect of limited contractual commitment on the form of contracts and studies its welfare implications. The main focus is on foundations of incomplete contracts. The thesis studies to what extent incompleteness of contracts can be linked to contract renegotiation. Particular emphasis is put onto explaining the absence of a contract from a relationship. Chapter 1 reviews the literature on contract renegotiation and incomplete contracting. Chapter 2 is based on a version of the hold-up problem. It shows that contracts that are vulnerable to renegotiation cannot provide better investment incentives than no contract. The main driving force is that investment, although beneficial from a total surplus point of view, has an ambivalent effect on the investing party's payoff. It increases the benefit of an efficient action and decreases the benefit of an inefficient action. An example is investment into human capital, such as additional job training. It increases personal satisfaction in a challenging job but may also increase the frustration from a job that consists only of repetitive tasks. If an exact job description is not feasible ex-ante and if the non-investing party has all the bargaining power ex-post, contracts cannot compensate for the cost of investment. Chapter 3 formalizes the intuition that contracting involves a cost because a contract constitutes a less flexible status quo for ex-post bargaining than no contract. For this, asymmetric information is introduced. With asymmetric information contracting is potentially costly because an inefficient outcome is not necessarily undone by an ex-post bargain. For example, during the renegotiation of the contract between General Motors and Fisher Body, the latter adopted a cost intensive production technology in order to convince its partner to renege on the former agreement. In the model of this chapter, parties weigh the benefit of a contract against lost flexibility. If these effects are similar, no contract is written. The possibility that a contract might be strictly dominated by no contract is explored in chapters 4 and 5. Such a strict dominance result is interesting because it is a more forceful advocate for the incomplete contract assumption. Chapter 4 contains a version of the durable good monopoly model with no discounting but costly contracting. These could be writing or legal costs. Early contracting is less costly than late contracting which highlights the idea that bargaining at a deadline is more costly. But also, early contracting suffers from the ratchet effect because it releases information. The main result says that the costs of the ratchet effect outweigh the cost savings, even if initial contracting costs are of order of magnitude smaller than late contracting costs. The seller strictly prefers to offer no contract. In chapter 5, a sequential screening model endogenizes the fixed contracting cost. The buyer is privately informed about one part of the good's value but ignores the second part, which is revealed later. Early contracting is beneficial because it suffers less from asymmetric information than does late contracting. Nevertheless, if uncertainty with respect to the first variable is greater than uncertainty with respect to the second variable, the seller cannot take advantage of this fact and he strictly prefers to wait. Moreover, if this is not the case, contracts are partially incomplete because they are not conditioned on the second variable. Finally, the thesis reports the new effect that all contracts are renegotiated in equilibrium. This is in contrast to the renegotiation proofness principle, which states that in models of contracting with renegotiation one can restrict attention to renegotiation proof contracts.
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Halvosen, Rick D. "Economic efficiency in transit service contracts : the role of contract structure." Thesis, Massachusetts Institute of Technology, 1993. http://hdl.handle.net/1721.1/12399.
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Chan, Kit-bong. "A study of contract management process and performance for outsourcing contracts." Click to view the E-thesis via HKUTO, 2009. http://sunzi.lib.hku.hk/hkuto/record/B42555243.
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Poyton, David Andrew. "Electronic contracts." Thesis, Aberystwyth University, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.440163.
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Ferguson, Mary Anne. "Unjust contracts." Thesis, University of Southampton, 1988. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.255822.
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Assad, Pour Marco. "I Contratti di matrimonio nel regime giuridico del l’Iran." Doctoral thesis, Universitat Autònoma de Barcelona, 2019. http://hdl.handle.net/10803/669389.
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La tesi dottorale fatta sotto la direzione della Prof.a Dr.a Maria del Carmen Gete Alonso y Calera si intitola “I Contratti di matrimonio nel regime giuridico dell’Iran”. In questo lavoro che è stato elaborato in lingua italiana, si sono utilizzate varie fonti di diverse lingue e da vari paesi, istituzioni e università.
Si è presentato un sistema legale islamico di tipo sciita che è l’unico vigente nel mondo che si applica in Iran.
Lo studio è diviso in sei capitoli
Nel primo capitolo si fa una presentazione ed approssimazione al diritto antico e vigente sul sistema legale in Iran e le fonti legali esistenti.
Il secondo capitolo è dedicato generalmente e particolarmente al contratto di matrimonio nel diritto di famiglia, le varietà del contratto di matrimonio come il matrimonio permanente o classico, il matrimonio breve e temporaneo e la poligamia.
Nel terzo capitolo è indirizzato alle capacità e gli ostacoli che le parti incontrano per poter incontrarsi in un contratto matrimoniale.
Nel quarto si parla del contenuto della relazione matrimoniale e dei diritti ed i doveri di ciascuno dei coniugi.
Nel quinto capitolo si è studiata la terminazione del contratto matrimoniale per scioglimento del contratto per vari motivi come il difetto, la supremazia e la violazione.
Nel sesto ed ultimo capitolo si continua ancora con la terminazione del contratto di matrimonio nel senso di divorzio con le sue differenti varietà.
L’obiettivo di tale lavoro è stato presentare un sistema legale molto differente in occidente e specialmente in Spagna in ordine di poter effettuare uno studio comparato tra i due sistemi giuridici, trarne le differenze, le priorità ed i difetti che potrebbero creare nuove idee da proporre ed applicare per i suoi lettori, in ordine di evolvere le leggi ed i sistemi legali vigenti.This doctoral thesis which has been investigated under the supervision of Prof. Dr. Maria del Carmen Gete Alonso y Calera is titled "Marriage contracts in the juridical regime of Iran”. This study is conducted in Italian language, and various sources of different languages were applied. In this respect, the contribution of different countries, institutions and universities was of great importance. A Shiite type Islamic legal system was introduced which is the only one in the world that applies in Iran. The study is divided into six chapters In the first chapter there is a presentation and approximation to the ancient law in force on the legal system in Iran and the existing legal sources. The second chapter is generally and particularly devoted to the marriage contract in family law, the varieties of the marriage contracts such as permanent or classical marriage, short and temporary marriage and polygamy. In the third chapter, it addresses the capabilities and obstacles that the parties encounter in meeting a marriage contract. The fourth chapter is mainly about the content of the marriage relationship and of the rights and duties of each of the spouses. In the fifth chapter the termination of the marriage contract by termination of the contract was studied for various reasons such as defect, supremacy and violation. In the sixth and final chapter the marriage contract in the sense of divorce is still discussed with its different varieties. The objective of this work was to present a very different legal system in the West and especially in Spain in order to be able to carry out a comparative study between the two legal systems, to draw on the differences, priorities and defects that could create new ideas to propose, and apply for its readers, in order to evolve the laws and the legal systems in force.
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Grimonprez, Benoît. "De l'exigibilité en droit des contrats /." [Paris] : LGDJ, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/517149613.pdf.
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Williams, Gail Antoinette. "Contract as organisation : an economic analysis of the joint contracts tribunal's standard form of building contract 1980." Thesis, University of Newcastle Upon Tyne, 1992. http://hdl.handle.net/10443/624.
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The objective of this thesis is to consider whether the institutionalist hypothesis that the choice of organisational form functions to limit the transaction costs of organising productive activities explains a major standard-form contract which is used in building production. I approach this task by demarcating three models of contract which represent different points along a "contracting continuum". Each of the three governance structures - classical contract, relational contracting and the firm - represents a distinct patterning of resource co-ordination and each generates its own configuration of transaction costs. Thus the contracting continuum provides a basis for comparing the cost-reducing strengths and weaknesses of governance structures that vary with respect to their characterisation of relations between economic actors, and of the form and substance of both planning and implementation of decisions. The second part of the thesis focuses on the standardform building contract and its location along the contracting continuum. This part of the thesis addresses the question of "transactional fit" between the building contract and the activity which it purports to regulate. The analysis proceeds by identifying sources of transaction costs in the context and in the practices of building production and examining the governance implications of the contractual responses to such costs. 11 In its conclusions the thesis attempts to evaluate the contribution of institutional analysis our understanding of legal conceptions of contract. By using an industry-wide standard-form contract as a focus, I hope to illustrate some of the strengths and also the limitations of this approach. Building contracts have received little academic attention in the UK., and transaction cost analysis of governance structures is a young science which has been pursued with more enthusiasm by economists than by lawyers. As yet there has been little attempt to relate substantive aspects of the lawyer's understanding of contract to the "new institutional economics". It is hoped that this thesis will make a contribution to that exercise.
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López, Mora Mª Eugenia. "Los contratos de concesión a la luz de la Directiva 2014/23/UE del Parlamento y del Consejo, de 26 de febrero de 2014, relativa a la adjudicación de contratos de concesión: retos y novedades." Doctoral thesis, Universitat de Barcelona, 2017. http://hdl.handle.net/10803/665674.
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El presente trabajo tiene como finalidad el estudio de la nueva Directiva 2014/23/UE, del Parlamento Europeo y del Consejo, de 26 de febrero de 2014, relativa a la adjudicación de contratos de concesión (DOUE L núm. 94 de 28.3.2014), en especial, el análisis de las novedades que introduce respecto de las Directivas de tercera generación, así como las repercusiones que tendrá respecto a la actual regulación de la figura concesional de nuestro ordenamiento jurídico.
Hasta el momento la regulación de los contratos de concesiones a nivel comunitario se limitaba al ámbito de aplicación, publicidad y subcontratación y normas aplicables a las concesiones de obras mientras que las concesiones de servicio quedaban excluidas de las directivas salvo el cumplimiento de los principios del Tratado de Funcionamiento de la Unión Europea. La principal razón por la que las concesiones de servicios quedaban fuera de la normativa de contratación pública europea se debía al diferente tratamiento jurídico que éstas tenían en los Derechos nacionales así como en la necesidad de dotar las autoridades contratantes de un margen de flexibilidad a estas figuras contractuales.
Por estas razones ha existido un problema de configuración conceptual en la delimitación de los contratos de concesiones y contratos públicos (especialmente en el ámbito de los servicios) del que se han hecho eco las propias instituciones comunitarias al existir un riesgo de inseguridad jurídica relacionado con las divergentes interpretaciones de los principios del Tratado por los legisladores nacionales y por las diferencias entre la regulación de las legislaciones de los diferentes Estados miembros.
Uno de los principales objetivos de Directiva es precisamente la necesidad de instaurar un marco jurídico adecuado, equilibrado y flexible en el ámbito de la adjudicación de concesiones que garantice a todos los operadores económicos de la Unión un acceso efectivo y no discriminatorio al mercado y que afiance la seguridad jurídica.
La correcta depuración de los contornos del contrato de concesión respecto a otras figuras contractuales no es una cuestión meramente dogmática, sino que resulta de especial interés práctico. El aspecto clave de la Directiva es la vinculación de la existencia del contrato de concesión a la efectiva transferencia al concesionario del riesgo operacional. La delimitación del riesgo operacional es fundamental a la hora de interpretar en nuevo concepto de contrato de concesión de la Directiva, su anclaje en la concepción tradicional del riesgo y ventura de las concesiones de nuestro ordenamiento así como las afectaciones que produce respecto al contrato de concesión de servicios públicos y al contrato de gestión de servicios públicos.
Por todo ello, es necesario el análisis de los principales rasgos caracterizadores del contrato de concesión tal y como está concebido en la Directiva, el estudio del concepto, alcance e impacto del riesgo operacional y, en consecuencia, la necesidad de depurar conceptualmente la figura del contrato de concesión frente a otras figuras contractuales tal y como están reguladas en nuestro ordenamiento jurídico.
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Younesi, Hamid. "Preserving the contractual equilibrium of international petroleum contracts : a relational contract analysis." Thesis, University of York, 2017. http://etheses.whiterose.ac.uk/18874/.
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The viability of long-term investment contracts is dependent on the effective and efficient distribution of risk and reward between the parties, while retaining the potential for flexibility in the face of future pressures for alteration. Petroleum contracts as long-term state contracts have complex economic and legal aspects, and their performance depends upon a durable relationship between the investor, whether foreign or domestic, and the host government. Such contracts cannot be seen as discrete commercial transactions or isolated agreements. Hence, the sustained contractual relationship for petroleum transactions is based on the ability to accommodate changing expectations in changing circumstances, and on the ongoing balance and adjustment of contractual rights and obligations in changed framework. International energy investment agreements are very vulnerable and exposed to a range of actions or inactions by public authorities (government or state agencies) which could considerably affect the profitability of a project. Amongst the principal reasons for the risk of expropriation is that the host state seeks to obtain a greater share of the return from a successful operation, by raising taxes or tightening other provisions in the investment contract without necessarily taking over ownership of the investment or to drive the investor out of business. As a result, the business relationship between the foreign oil company and host government resembles a model of an ‘obsolescing bargain’, (OBM). The thesis explores the role of the contractual equilibrium and bargaining positions and their interactions with contractual clauses in a relational model of relationship to reduce and manage risk of expropriation in international energy investment transactions. The thesis examines the classical and the relational theories of contract and their response to contractual obligations, and then suggests an adaptive contractual mechanism to maintain the equilibrium of the contract in order to protect the contracting parties’ interests and resolve disputes.
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Nguyen, Duc Anh. "Improving Public-Private Partnership Contracts through Risk Characterization, Contract Mechanisms, and Flexibility." Diss., Virginia Tech, 2017. http://hdl.handle.net/10919/78275.
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Public-private partnerships (PPPs) have become a significant global phenomenon and governments are utilizing them more frequently to deliver projects that satisfy increasing societal demands in infrastructure sectors such as highways. Compared to traditional project delivery approaches, PPPs are long-term contracts between the public and the private sectors, where the private sector is engaged in more project tasks and accepts more risks. However, due to their long-term and complex nature, PPP contracts face many issues. Consequently, each project's contract becomes vital to project success because it: allocates risks, governs project relationships, and can align parties' interests. This dissertation examined 21 project contracts in the US highway PPP market to investigate risk allocation; contract designs and risk sharing mechanisms; and revenue risk guarantees. Using a content analysis framework, the allocation of 31 risks associated with highway PPPs was determined. These risks were mostly transferred to the private sector or shared between public and private parties, and project context had a significant influence on risk allocation. Assessment of contract designs indicated that the public sector imposes extensive monitoring and retains a majority of the decision rights to preclude opportunistic actions by the private sector; further, risk sharing mechanisms were complex and largely dependent on resolution during project implementation, which likely increases ex post transaction costs. Finally, revenue guarantees, commonly structured as standard options to mitigate revenue risk, were redesigned to incorporate exotic option features; quantitative analysis revealed that exotic structures can better serve chief PPP stakeholders' interests through increased robustness and flexibility.Ph. D.
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Sieke, Marcel. "Supply chain contract management a performance analysis of efficient supply chain contracts." Köln Kölner Wiss.-Verl, 2008. http://d-nb.info/989792722/04.
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Gardner, Christopher P. "Balancing government risks with contractor incentives in performance-based logistics contracts." Wright-Patterson AFB : Air Force Institute of Technology, 2008. http://handle.dtic.mil/100.2/ADA480398.
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Thesis (M.S. in Operations Research) --Air Force Institute of Technology, 2008.Title from title page of PDF document (viewed on Aug 7, 2008). "AFIT/GLM/ENS/08-02" Includes bibliographical references.
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Hallstrom, Jason Olof. "Design Pattern Contracts." The Ohio State University, 2004. http://rave.ohiolink.edu/etdc/view?acc_num=osu1090010266.
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TAPANELLI, Pietro. "Cloud computing contracts." Doctoral thesis, Università degli Studi di Camerino, 2014. http://hdl.handle.net/11581/401831.
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Cloud computing services are ubiquitous: for small and large companies the phenomenon of cloud computing is nowadays a standard business practice. This work would compile an analysis about the contractual issues related to the different services provided by all IT services provider. There are faced not only legal topics strictly connected to the personal data protection because, as the thesis will show, there are several legal acts provided by European Union, Italy (and from all EU's member states) and data protection authorities (both nation and international) that discipline the entire data protection topic in the cloud computing era. The legislation over cloud computing contracts, on the contrary, is totally absent and only the contractual instrument can be used to point out and specify duties and obligations between the contractual cloud parties, but the problem to find the proper legal discipline is not easy to solve. This work analyze the state of the art and provide a possible solution in order to find the legal discipline of cloud computing contracts, especially using the theory of ''connected contracts''.
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Marquardt, Gerdis. "Economic analysis of contract choice, feelings of entitlement and contract enforcement in relationships governed by incomplete contracts." Thesis, University of Edinburgh, 2017. http://hdl.handle.net/1842/23573.
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The first chapter of this thesis considers a contractual principal-agent relationship in an unstable environment. The players are uncertain whether repeated interaction is possible. I examine the role that the deliberate choice of an incomplete (non-verifiable and unenforceable) contract plays in signalling stability and trust. In this model, contractors may privately observe shocks that force them to end the relationship after the current period. Complete (verifiable) contracts, which are assumed to be feasible, ensure cooperation in compliance with the contract. With incomplete contracts, the players make themselves vulnerable to exploitation by their partners. But if cooperation occurs notwithstanding, the contractors update their beliefs about each other’s willingness to interact again. When the agent observes that her partner and herself are able to continue the relationship, she undertakes a non-contractible, mutually beneficial investment. The second chapter is based on the theory by Hart and Moore (QJE, 2008) that regards contracts as reference points for feelings of entitlement. Parties’ ex post performance depends on whether they receive what they feel entitled to, which is assumed to be the best possible outcome permitted by the contract. Consequentially, there exists a trade-off between contractual flexibility (agreement on a price interval) and rigidity (agreement on a single price). Hart and Moore do not analyse the role that third party contract enforcement plays for parties’ feelings of entitlement, shading on performance and contract choice. I demonstrate that Hart and Moore’s results rely on a number of assumptions that can be challenged when incorporating litigation into the model. They assume that trade is voluntary but renegotiation is prohibited. I argue that either trade is voluntary but renegotiation is possible or courts compel parties to trade according to the contract. In the former scenario, fixed price contracts may not act as reference points and the parties feel entitled to the best possible outcomes from renegotiation. In the latter scenario, contracts may act as reference points because of the option of contract enforcement. However, potential flexibility incorporated in the contract is lost. The third chapter provides an experimental examination of the effect of contract enforcement on contractors’ reference points for feelings of entitlement. Previous experiments by Fehr, Hart and Zehnder (AER 2011) analyse and support the theory by Hart and Moore (QJE, 2008) that contracts are reference points. Both theory and experiments ignore the role of contract enforcement for contractors’ feelings of entitlement. I replicate and confirm Fehr, Hart and Zehnder’s baseline experiment. I also run an additional treatment in which buyers can offer sellers more or less favourable prices than specified in the contract, whereas sellers can request enforcement of contracts as written. I find that contract enforcement matters, without being invoked, for sellers’ punishment behaviour through feelings of entitlement. Without explicit contract enforcement, flexible contracts (agreement on a price range instead of a single price) leave sellers feel entitled to the best possible price permitted by the contract. However, buyers rarely offer such a price which leads to disappointment and punishment. With the option of contract enforcement, sellers feel entitled to the price which the court would enforce, even if it is equally unfavourable than in the no court treatment. The presence of the court provides an outside validation for which prices are reasonable and thereby limits disappointment and punishment.
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Rohenkohl, Caio Eduardo. "A evolução da teoria contratual e os seus reflexos na teoria do risco : a hipótese do risco econômico imprevisto como integrante autônomo do conteúdo do contrato." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2017. http://hdl.handle.net/10183/164123.
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O trabalho estuda a evolução da teoria geral dos contratos e os seus reflexos na teoria do risco contratual, tendo como ponto de partida o direito contratual clássico do século XIX e o paradigma da autonomia da vontade. No novo direito contratual do século XX em diante, a análise toma como fio condutor as obras de Emilio Betti e de Karl Larenz, dentro do que se pode considerar o novo paradigma do direito contratual: a regulação e a satisfação de interesses privados mediante critérios de autonomia e heteronomia. O objetivo específico desse estudo é verificar a hipótese de que a teoria atual tenha (ou não) enfrentado o problema econômico dos riscos imprevistos dentro da idéia de "economia interna do contrato", tratando o risco econômico imprevisto como um integrante do conteúdo do contrato com autonomia diante da prestação. O caminho percorrido pelo trabalho identifica que o direito contratual tem sua estrutura teórica construída sobre uma concepção formalista de contrato, segundo a qual essa figura jurídica é uma entidade com existência própria, a qual está centrada na noção jurídica-formal de "obrigação de prestar". Mesmo que, com a evolução do direito contratual, tal estrutura tenha passado a contar com uma função a ser desempenhada na vida real, o trabalho conclui que a teoria continua sem tratar adequadamente o risco econômico imprevisto, porque tal função permanece limitada pela noção jurídico-formal de "obrigação de prestar".This dissertation studies the evolution of contract law theory and its influences on the legal theory of contractual risk. It begins with the classic theory of the 19th century and the will theory paradigm within it; from the 20th century onwards, the main analysis is based on the works of Emilio Betti and Karl Larenz, alongside with the new paradigm that pursues concrete interests through the combination of private autonomy and private heteronomy. The specific purpose of this study is to test the hypothesis that the current theory may have (or may have not) dealt with the economic problem of unforeseen risks by utilizing the idea of economic balance of contract, insofar as to consider the unforeseen economic risk as an autonomous factor in the content of contracts. The research identifies that the theoretical structure of contract law is built over a formalist conception of contract, according to which the contract is an entity with selfexistence, one that is exclusively centered on the notion of "duty to pay". Although the evolution of contract law has given a function to this structure to perform in society and between parties to a given contract, the dissertation concludes that the current theory is still limited by the notion of "duty to pay", and that the unforeseen economic risk has not yet been provided with an adequate legal treatment.
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MILANEZ, Alysson Filgueira. "Fostering design by contract by exploiting the relationship between code commentary and contracts." Universidade Federal de Campina Grande, 2018. http://dspace.sti.ufcg.edu.br:8080/jspui/handle/riufcg/1681.
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Capes
Embora contratos no estilo de programação por contratos (DBC) tragam precisão para expressar o comportamento do código, desenvolvedores são resistentes ao seu uso. Há várias razões para isto, tais como a dificuldade na produção de contratos ou o trabalho de manter os contratos consistentes com o código em evolução. Por outro lado, Javadoc é uma abordagem comumente usada para documentar programas Java. Mesmo assim, comentários Javadoc não servem para a checagem automática de conformidade devido à ambiguidade inerente à linguagem natural. Neste trabalho, procuramos minimizar a distância entre contratos e Javadoc, estimulando a adoção de DBC a partir de duas contribuições principais; primeiro, propomos uma extensão ao sistema de tags do Javadoc (CONTRACTJ DOC) para possibilitar a integração de contratos na notação de comentários; então, propomos uma abordagem para geração de contratos a partir de comentários em linguagem natural (CONTRACT SUGGESTOR). Nós realizamos três avaliações: primeiro, avaliamos a aplicabilidade e a compreensibilidade de CONTRACTJ DOC. Como resultados, detectamos inconsistências entre a documentação Javadoc e o código fonte. A maioria dos contratos que escrevemos foram checagens de valores limítrofes para parâmetros e repetições de expressões de retorno de métodos. Além disso, a legibilidade dos comentários percebida pelos desenvolvedores não diferiu significativamente entre as abordagens, o que é promissor, dado que contratos são usualmente classificados como difíceis de ler. Segundo, avaliamos a qualidade dos contratos gerados por CONTRACT SUGGESTOR verificando a taxa de falsos positivos gerados. Como resultado, são gerados mais contratos corretos para non-null do que para relational, devido a quantidade de instâncias de comentários para cada propriedade. Por fim, realizamos estudos de caso com JMLOK2 e C ONTRACTOK – CONTRACTOK é uma extensão da abordagem de J MLOK2 para o contexto C#/Code Contracts. Primeiro, usamos JMLOK2 para verificar os contratos gerados automaticamente por CONTRACT SUGGESTOR; depois usamos as ferramentas para verificar 24 sistemas de código aberto (12 para cada ferramenta). As ferramentas detectaram 188 não-conformidades, sendo 72 problemas de pós-condição e 61 de invariante; as causas prováveis mais comuns foram Pré-condição fraca (91) e Erro de código (56). Com isso, objetivamos motivar a adoção de DBC como forma de aprimorar o projeto dos programas, e por consequência, sua qualidade geral.
Contracts in Design by Contract style bring about preciseness for expressing the code behavior; however, developers are resistant to their use. There are several likely reasons for this, such as the trouble to conceive good, useful contracts, or the burden of maintaining contracts consistent with the evolving code. On the other hand, Javadoc is a common way of documenting Java programs. Nevertheless, Javadoc comments do not serve to an automated conformance checking due to ambiguity issues inherent to the natural languages. In this work, we try to minimize the distance between contracts and Javadoc, fostering DBC adoption by means of two main contributions; first, we propose an extension to the Javadoc tagging system (C ONTRACTJD OC) for allowing the integration of contracts into the comments notation; then, we propose an approach for automatically generating contracts based on natural language code commentary (CONTRACTSUGGESTOR). We perform three evaluations: first, we evaluate the applicability and comprehensibility of C ONTRACTJD OC. As results, we detected inconsistencies between the documentation available by means of Javadoc comments and the source code. The majority of the contracts we could write from the comments remains between common-case and repetitive with the code. Moreover, developers’ impression about the readability of comments did not differ significantly, which is promising, as contracts are usually regarded as hard to read – one reason for its non-adoption. Then, we evaluate the quality of contracts generated by CONTRACTSUGGESTOR by analyzing the false positives rate. As result, the approach generates more correct contracts for non-null than for relational, due to the number of comment instances for each property. Finally, we perform case studies with J MLOK2 and C ONTRACTOK – C ONTRACTOK is an extension of JMLOK2 for C#/Code Contracts context. First, we used J MLOK2 for conformance checking the contracts automatically generated; then, we run the tools over 24 open-source systems (12 with each tool). The tools detected 188 nonconformances. From those, 72 are postcondition and 61 are invariant problems; with respect to likely causes manually established, Weak precondition (91) and Code error (56) are the most commons. With this, we aim to promote DBC adoption as a way for improving the design of the projects, and consequently, their quality in general.
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Pak, Sim Tess. "The moderating effects of causality orientations on psychological contract breach outcome relationship /." Click to view the E-thesis via HKUTO, 2007. http://sunzi.lib.hku.hk/hkuto/record/B38587919.
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Shapro, Stephen R. "The allocation of contractor environmental remediation costs to Department of Defense contracts." Thesis, Monterey, Calif. : Springfield, Va. : Naval Postgraduate School ; Available from National Technical Information Service, 1995. http://handle.dtic.mil/100.2/ADA300186.
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Palaneeswaran, Ekambaram. "Contractor selection systems for design-build projects." Thesis, Hong Kong : University of Hong Kong, 2000. http://sunzi.lib.hku.hk/hkuto/record.jsp?B22582150.
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Nait, Hammou Amal. "Performance of incentive contracts in highway PPP projects in Brazil." reponame:Repositório Institucional do FGV, 2014. http://hdl.handle.net/10438/11886.
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Private-Public Partnerships (P.P.P.) is a new contractual model institutionalized in 2004 that could be used to remedy to the infrastructure deficit in Brazil. In a context of a principal and agent relation, the public partner goal is to give incentives to the private partner in the contract so that their interests are aligned. This qualitative research presents the findings of an empirical study examining the performance of incentive PPP contracts in Brazil in the highway sector. The goal is to explain how the contracting parties can align their interests in an environment of asymmetric information. Literature identified the factors that can influence PPP design and efficient incentive contracts. The study assesses the contribution of these factors in the building of PPP contracts by focusing on the case of the first and only PPP signed in the highway sector in Brazil which is the MG-050. The first step is to describe the condition of the highway network and the level of compliance of the private partner with the contract PPP MG-050. The second step is to explain the performance of the private partner and conclude if the interests of both partners were aligned in contractual aspects. On the basis of these findings and the analysis of the contract, the study formulates suggestions to improve the draft of PPP contracts from the perspective of the incentive theory of contracts.
A parceria público-privada é um novo modelo contratual institucionalizado em 2004 que pode ser usado para remediar o déficit em infra-estrutura no Brasil. No contexto de uma relação principal-agente, o objetivo do parceiro público é dar incentivos contratuais ao parceiro privado para que os interesses de ambossejam alinhados. Essa pesquisa qualitativa apresenta os resultados de um estudo empírico que examina o desempenho dos contratos de PPPS com incentivos no Brasil no setor das rodovias. O objetivo é explicar como os contratados podem alinhar seus interesses num ambiente de informação assimétrica. Literatura identificou os fatores que podem influenciar o desenho das PPPs e dos contratos com incentivos eficientes. Esse estudo avalia a contribuição desses fatores no desenho dos contratos de PPPs focando no caso do primeiro e único contrato PPP assinado no setor de rodovias no Brasil, o PPP MG- 050. O primeiro passo é descrever a condição da rede de rodovias no Brasil e o nível de cumprimento do parceiro privado com o contrato PPP MG-050. O segundo passo é explicar o desempenho do parceiro privado e concluir se os interesses dos dois parceiros foram alinhados em aspectos contratuais.Com base nesses resultados e na análise do contrato, o estudo formula sugestões para melhorar o desenho dos contratos de PPPs apoiando-se na teoria dos incentivos em contratos.
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Voigt, Janina. "Improving Object Oriented Software Contracts." Thesis, University of Canterbury. Computer Science and Software Engineering, 2011. http://hdl.handle.net/10092/5339.
Full textAbstract:
Industrial-scale software is commonly very large and complex, making it difficult and time-consuming to develop. In order to manage complexity in software, developers break systems into smaller components which can be developed independently.
Software contracts were first proposed several decades ago; they are used to explicitly specify the interfaces between software components to ensure that they work together correctly. Software contracts specify both the responsibility of a client using a service and of the component providing the service. The advantage of contracts is that they formalise what constitutes correct interactions between software components. In addition, they serve as documentation, as well as a basis for test cases, and help clarify correct use of inheritance. However, despite their usefulness, software contracts are still not widely used in mainstream software engineering.
In this work, we aim to develop a new software contract tool which we hope will help increase the use of software contracts. We start our work by evaluating existing software contract technologies and uncover a range of inconsistencies and shortcomings. We find that there are disagreements surrounding even some of the most basic aspects of software contracts. Using the lessons learned from our analysis of existing tools, we design a new contract tool, PACT. We describe in detail the formal semantics and typing of PACT and develop a first implementation of our tool. Finally, we discuss the advantages of PACT over existing tools, including its rigorous separation of interfaces and implementations, its rich inheritance semantics, and its support for flexible and expressive definition of contracts.
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Camén, Carolina. "Using contracts to manage services : A study of contracts in public transport." Doctoral thesis, Karlstads universitet, Avdelningen för företagsekonomi, 2011. http://urn.kb.se/resolve?urn=urn:nbn:se:kau:diva-7236.
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Contracts play a key role in many business to business relationships. Service organisations are no exception. Despite a growing interest of services and how services are managed, research on how to use contracts to manage services has been surprisingly sparse in service research. The overall aim of this thesis is to contribute to a deeper understanding of using contracts to manage services in business-to-business relationships. Contract theories together with concepts from service research are used to enrich and understand how contracts are used to manage services and thus make contributions to service research. The thesis will give an empirically grounded understanding of managing services through contracts. The thesis consists of six separate papers, all based on data gathered from contractual relationships between contractors and service providers. The results are based on studies of authentic contracts which are not the case in most previous studies. The methods used for gathering and analysing data involve case studies, content analysis of authentic contracts, interviews and document studies of the public transport sector in Sweden which is an empirically rich area for studying contracts. The three main contributions of this dissertation are; firstly, an extended understanding of how contracts are used to manage the prerequisites for service quality for the parties involved. It was found that the concept service quality is brought forward on three interdependent managerial levels; from a detailed operational level, to a systemic oriented strategic level, and also a visionary rhetorical level each specifying the prerequisite for the services. To manage the prerequisites, the contracts rely on three identified means; laws and regulations, standards and measurements and economical incentives. Secondly, the detailed contents and rigidity of the contracts bring forward an inflexible and asymmetric relationship, where the parties are restricted in their activities. Here the contracts become a substitute for trust and commitment instead of supporting the development of trust and commitment. Finally, the thesis deepen the understanding of the role of contracts in governing services, from being a static abbreviator to a dyadic market based relationship, to becoming a dynamic tool for developing and sustaining a value creating and value driven collaborative network.
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Loring, Jane A. "Changing employment contracts, changing psychological contracts and the effects on organisational commitment." Thesis, Curtin University, 2003. http://hdl.handle.net/20.500.11937/414.
Full textAbstract:
Changing workplace conditions have resulted in psychological contracts becoming more transactionally oriented. The current study addresses the question of how the `new' psychological contract affects organisational commitment. In particular, it seeks to analyse the relationship between the form of the psychological contract (relational/transactional) and type of organisational commitment (affective, continuance, normative).Data were collected from 210 randomly selected participants using the Psychological Contract Scale (PCS), and the Measure of Affective, Continuance and Normative Commitment Scale (MACNCS). The Career Commitment Scale (CCS) and the Positive and Negative Affect Schedule (PANAS) were administered and information gathered regarding overall job satisfaction, age, gender, contract type, position held, industry sector and length of employment.The major findings from this study is that there are positive relationships between relational psychological contracts and affective commitment (â = .653, p < .05), continuance commitment (â = .222, p < .05) and normative commitment (â = .476, p <.001), and a negative relationship between transactional psychological contracts and affective commitment (â =148, p < .05), after controlling for various background and employment characteristics. This research increases the understanding of how employees commit to an organisation during times of unstable and changing employment conditions.
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Loring, Jane A. "Changing employment contracts, changing psychological contracts and the effects on organisational commitment." Curtin University of Technology, School of Psychology, 2003. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=14208.
Full textAbstract:
Changing workplace conditions have resulted in psychological contracts becoming more transactionally oriented. The current study addresses the question of how the `new' psychological contract affects organisational commitment. In particular, it seeks to analyse the relationship between the form of the psychological contract (relational/transactional) and type of organisational commitment (affective, continuance, normative).Data were collected from 210 randomly selected participants using the Psychological Contract Scale (PCS), and the Measure of Affective, Continuance and Normative Commitment Scale (MACNCS). The Career Commitment Scale (CCS) and the Positive and Negative Affect Schedule (PANAS) were administered and information gathered regarding overall job satisfaction, age, gender, contract type, position held, industry sector and length of employment.The major findings from this study is that there are positive relationships between relational psychological contracts and affective commitment (â = .653, p < .05), continuance commitment (â = .222, p < .05) and normative commitment (â = .476, p <.001), and a negative relationship between transactional psychological contracts and affective commitment (â =148, p < .05), after controlling for various background and employment characteristics. This research increases the understanding of how employees commit to an organisation during times of unstable and changing employment conditions.
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Mgweba, Asiphe. "A revised role of good faith in the law of contract and employment contracts." University of the Western Cape, 2019. http://hdl.handle.net/11394/7033.
Full textAbstract:
Magister Legum - LLMGood faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has and continues to acquire a meaning wider than mere honesty or the absence of subjective bad faith. It is an objective concept that includes other abstract values such as justice, reasonableness, fairness and equity. There is competition between the two underlying values or cornerstones of the law of contract, namely that of sanctity of contract (pacta sunt servanda) and fairness.
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Müller, Markus L. "Essays on political contracts /." [S.l.] : [s.n.], 2009. http://e-collection.ethbib.ethz.ch/show?type=diss&nr=18240.
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Liessem, Verena. "Incentive contracts for politicians." [S.l. : s.n.], 2003. http://deposit.ddb.de/cgi-bin/dokserv?idn=968807429.
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Dessi, Roberta. "Essays on labour contracts." Thesis, University of Cambridge, 1996. https://www.repository.cam.ac.uk/handle/1810/251597.
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Miller, Thomas Wright. "Land use contracts revisited." Thesis, University of British Columbia, 1990. http://hdl.handle.net/2429/30011.
Full textAbstract:
The changes to the British Columbia Municipal Act repealing land use contracts in 1978 by Bill 42, and the subsequent amendments leading up to Bill 62 in 1985 and Bill 30 in 1987 have been both dramatic and comprehensive in their effect on land development and the approval process. Since the repealing of land use contracts and in spite of the new amendments, B.C. planning legislation has been increasingly criticized among developers, planners, and local governments for the lack of development agreement provisions and adequate flexibility in the municipal approval process.
This thesis investigates the possibility of reintroducing land use contracts as a development agreement control in the context of current planning practices. A literature review of the evolution of municipal planning control in B.C. is conducted to provide background information for a theoretical and practical evaluation of the current system of controls in comparison to the former system of land use contracts. The theoretical evaluation is based on measuring both systems against normative criteria, whereas the practical evaluation is comprised of a local government/development industry survey and several case studies.
The following conclusions are made in this research:
- Land use contracts were introduced in response to a growing need among local governments for some legitimate legislative means of entering into development agreements with developers to require developers to assist in providing the municipal services associated with their development.
- Local government support for the land use contract was based on the ability to regulate design, ensure regulation performance, and to enter into off-site servicing and amenity agreements.
- The development industry was initially supportive of land use contracts because they offered unlimited flexibility during negotiations and the certainty of a legal contract immune to future zoning changes. Developers eventually withdrew their support for land use contracts complaining of large scale downzoning, lengthy approval delays and excessive impost fees. Many of these allegations are dispelled in this research, but the real weakness of the land use contract was that it was difficult to amend and could be used extensively to replace zoning, effectively "fettering" future council's planning powers.
- In the absence of the land use contract, many municipal governments are continuing with a land use contract practice, but without a legislative or in some instances legal basis.
- The theoretical analysis, survey and case studies determine that the current planning legislation is adequate for the most part. There is a need however, for a land use contract mechanism to accommodate mixed use, comprehensive or complicated developments. This type of control was determined to be superior in accommodating these types of projects to the current approach of using a variety of planning mechanisms. Generally there is support among local governments and the development industry in B.C. for new land use contract legislation as long as it is more clearly defined to avoid the mistakes of its use in the 1970's.
On the basis of this analysis, the study recommends that land use contract reintroduced but in a much more controlled and limited way.Applied Science, Faculty of
Community and Regional Planning (SCARP), School of
Graduate
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Ishihara, Akifumi. "Essays on relational contracts." Thesis, London School of Economics and Political Science (University of London), 2011. http://etheses.lse.ac.uk/345/.
Full textAbstract:
This dissertation contains three essays on self-enforcing implicit contracts in economic transactions and politics. Chapter 2 studies a repeated agency model with two tasks where the agent has private information on the first task and there is no verifiable performance signal for the second task. The equilibrium level of the first task is determined so as to guarantee the credibility of the relational contracts to provide incentives for the second task. It implies interesting economic results including non-monotonic relation between the discount factor and the total surplus, social desirability of unverifiability, and implications for organization design. Chapter 3 studies a model of political contribution of dynamic common agency where state-contingent agreements must be self-enforced. First, we investigate the punishment strategy for supporting the self-enforcing mechanism. The most severe punishment strategy on the principals takes the form of a two-phase scheme in general. Second, we characterize the payoff set of the equilibria on which the same decision is chosen by the agent through implicit agreements and examine whether it can achieve the same payoff as in the standard static menu auction model. It implies that there could be an equilibrium outcome in a static menu auction that cannot be supported in our model for any discount factor. Chapter 4 studies repeated political competition with policy-motivated citizen candidates. The dynamic relationship could cause strategic candidacy in two-candidate competition, such as in circumstances where two candidates stand for election and one of them has no chance to win. The candidate can choose her implementing policy depending on the set of the rival candidates in the election and the rival candidate actually has an incentive to stand even with no chance to win since it can induce policy compromises from the winning candidate.
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Brown, Jennifer Lesley Brown. "Contracts in Classical Athens." Thesis, Royal Holloway, University of London, 2008. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.499170.
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This dissertation looks at the nature, role, use and evolution of contracts in classical Athens, the legal provisions relating to their use and the remedies, both formal and informal in the case of non-compliance. It begins by examining and evaluating the evidence available to support the study. Chapter 2 then establishes that the concept of contractual agreements was known to the Athenians and used in a variety of fields. Via a comparison with other legal systems and the use of oratory it identifies the key criteria that define an Athenian view of a contract. In Chapter 3, the laws relating to contracts and their operation are drawn together: we note the absence of caveats and prescription, and the special procedures for maritime contracts. An examination of the language and structure of contracts (Chapter 4) reveals a lack of technical language and a high degree of convergence between contracts for differing purposes, concluding that contracts were normal in every day life. Chapter 5 looks at the capacity of individuals to enter contracts, the differences between theory and practice and whether the modem concept of agency operated in practice in such circumstances, even if not defined as such by the Athenians themselves. The evolution of written contracts and the reasons for using written or unwritten contracts are examined in Chapter 6, Chapter 7 discussing the security and storage needs of written documents. The final chapter (8) examines sanctions for breach of contract. These encompass the standard legal methods and informal sanctions which require no recourse to law: the latter act as forces for compliance, drawing on the bonds that bind together 'closed' societies whose trading existence depends on a high degree of trust and integrity. The thesis concludes by drawing together the findings and suggesting areas for further study.