Journal articles on the topic 'Contractual adjustment'
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1
Oxelheim, Lars, Clas Wihlborg, and David Lim. "Contractual price rigidities and exchange rate adjustment." International Trade Journal 5, no. 1 (September 1990): 53–76. http://dx.doi.org/10.1080/08853909008523707.
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Tot, Ivan. "Rizik unovčenja objekta leasinga u ugovoru o operativnom leasingu motornog vozila." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 38, no. 1 (2017): 303–35. http://dx.doi.org/10.30925/zpfsr.38.1.10.
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The subject of the research in this paper are automotive operating lease contracts in the Croatian business practice. The provisions of the general terms and conditions for operating lease contracts of the Croatian leasing companies are being analysed, particulary those relating to the rights and obligations of the parties to the contract after the operating lease contract was terminated and the motor vehicle returned to the lessor. The existence of three contractual models of the automotive operating lease contract in the Croatian business practice is established, which vary with regard to the assignment and the distribution of the residual value risk. Those contractual models are being compared with the two most common contractual models of automotive lease contracts in the Austrian and German business practice: the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment. On the basis of the results of this comparison, applicability of the legal solutions, developed in the Austrian and German jurisprudence and legal literature regarding the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment, to the automotive operating lease contract within the framework of Croatian law, is being examinded.
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Anchishkina, O. V. "Analysis of relations in the state sector of Russian public procurement." Voprosy Ekonomiki, no. 10 (October 20, 2018): 106–26. http://dx.doi.org/10.32609/0042-8736-2018-10-106-126.
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The paper deals with a special sector of public procurement — G2G, in which state organizations act as both customers and suppliers. The analysis shows the convergence between contractual and administrative relations and risks of transferring the negative factors, responsible for market failures, into the administrative system, as well as the changing nature of the state organization. Budget losses in the sector G2G are revealed and estimated. There are doubts, whether the current practice of substitution of market-based instruments for administrative requirements is able to maintain integrity of public procurement in the situation of growing strategic challenges. Measures are proposed for the adjustment and privatization of contractual relations.
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Yan, Bin, and Qing Hua Zhao. "Influence Analysis to Beneficial Period and Pricing of Hydraulic Project Based on Risk Allocation." Advanced Materials Research 594-597 (November 2012): 2963–67. http://dx.doi.org/10.4028/www.scientific.net/amr.594-597.2963.
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The public department and the private investor is the commonly contractual subjects of the chartered operating project. Risk sharing idea is an important manifestation to contract justification. The public department determines the compensate degree to private investor through controlling the project’s beneficial period or the chartered operating price. Aim at part of the risk loss that the public department should undertake after risk events had happened; two flexible process models were studied. The adjustment to project beneficial period or product purchasing price was put forward in allusion to this kind of risks. Case study manifested that the adjustment method is feasible.
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Jo, Teoh Ming, Siti Salwa Mohd Ishak, and Zul Zakiyuddin Ahmad Rashid. "Overview of the Legal Aspects and Contract Requirements of the BIM Practice in Malaysian Construction Industry." MATEC Web of Conferences 203 (2018): 02011. http://dx.doi.org/10.1051/matecconf/201820302011.
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Legal, contractual issues and the absence of appropriate protocols have been ranked as critical barriers associated with the implementation of Building Information Modelling (BIM). As to date, these issues are under studied and there is lack of framework addressing legal and contractual measures ensuring contract best practice in BIM project setting and legal environment in Malaysia. This research attempts to review legal issues and two common local standard forms of contract in order to highlight provisions to suit BIM practice. The potential legal issues that were drawn from literature review are ownership of BIM model, intellectual property rights, level of development of the model, model management, allocation of risk, and schedule of deliverables. Appropriate adjustment or inclusion of the clauses or the contract contents is proposed, it could then be made to fit BIM practice.
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Xue, Yong, and Xinyi Yun. "The optimal performance target of valuation adjustment mechanism agreement with real options perspective." PLOS ONE 17, no. 11 (November 21, 2022): e0277509. http://dx.doi.org/10.1371/journal.pone.0277509.
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The valuation adjustment mechanism (‘VAM’) agreement has recently been widely adopted in venture capital investment in emerging markets. The VAM agreement endows venture capital institutions a contractual right to reevaluate invested startup contingent on preset performance targets, which is crucial for the effectiveness of the VAM agreement by deeply affecting the strategy and fate of the startup. Motivated by exploring a rational performance target setting, this paper: 1)Firstly, extracts a general structure of the VAM agreement by cases analysis;2) Secondly, adopts a real options methodology to derive the option value held by venture capital institutions and how the pre-determined performance target affect the payoff of venture capital institutions;3)Thirdly, derives the expected time to achieve the given performance target and the behavior choice of entrepreneurs of startups; 4)Finally, by maximizing the contractual value of venture capital institutions with the participation constraints of the entrepreneur, derives the optimal performance target setting. The result finds that the option value of the VAM agreement is positively related to the performance target. It may partially explain why venture capital institutions tend to dominate overly high targets from a real options perspective. We also confirm the incentive effect of the VAM agreement that entrepreneurs tend to exert their best effort. Furthermore, the derivation of the optimal performance target shows that it is an increased function of the agreement period and a subtractive function of project risk. This paper contributes to the literature on contingent payment mechanisms and provides practical implications for the VAM agreement design.
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Garcia Fuentes, Mateo. "Distressed Mergers and Acquisitions: Price Adjustment Mechanisms in the Context of Distress." Business Law Review 43, Issue 4 (July 1, 2022): 155–63. http://dx.doi.org/10.54648/bula2022023.
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In crisis contexts, distressed Mergers and Acquisitions (M&A) arise as viable options for companies under severe financial pressure seeking to avoid bankruptcy. However, distressed M&A transactions are accompanied by multiple complexities that turn the process of merging or acquiring a financially distressed company or asset into a risk-driven business activity. The impossibility to conduct a thorough due diligence due to pressing time constraints, the lack of extensive warranty and indemnity protection, and the impact of these two factors on the target’s valuation, constitute core features of distressed M&A transactions. Circumstances that can be addressed by means of opting for the appropriate pricing mechanism that best adjusts to the characteristics of the deal. However, the available pricing mechanisms might not suffice per se. Therefore, parties should consider the inclusion of additional contractual resources to mitigate the identified risks and challenges. Otherwise, instead of reducing the risk exposure from a distressed target, a failed M&A that does not properly address the particularities that come along with doing business in contexts of distress might consequently put the acquirer under great pressure. Corporate Governance, Corporate Social Responsibility, CSR, Directors’ Duties, Equator Principles, ESG, Greenwashing, Risk Management, SDG, Sustainable Banking, Sustainability Reporting
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Sutcliffe, Jonathan, and Jonathan Blaney. "Arbitration of LNG Price Review Disputes." BCDR International Arbitration Review 7, Issue 1 (June 1, 2020): 133–48. http://dx.doi.org/10.54648/bcdr2021019.
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Price review arbitration remains a prevalent feature of the Liquefied Natural Gas (LNG) industry. Contractual pricing schemes may require periodical adjustment to realign them with prevailing commercial realities or market conditions. Price review clauses may provide for the review and potential revision of the contract price, by agreement, at specific times and on the occurrence and fulfillment of certain conditions.Where agreement cannot be reached, disputes will often be settled by international arbitration. Some of the more commonly seen characteristics of price review clauses are explored below, together with the associated processes by which parties may seek to agree revision of the contract price, and failing agreement, the referral of that dispute to arbitration.
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Noyoo, Ndangwa. "Structural adjustment programmes in Sub-Saharan Africa in the 1980s and 1990s." RBEST Revista Brasileira de Economia Social e do Trabalho 4 (November 20, 2022): e022012. http://dx.doi.org/10.20396/rbest.v4i00.16536.
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The paper discusses the World Bank’s and International Monetary Fund’s Structural Adjustment Programmes (SAPs) in Sub-Saharan Africa in the 1980s and 1990s. Most countries in this region did not demonstrate autonomy in regard to national economic management and public policy processes, but acquiesced to the economic austerity prescriptions of the international financial institution, which were supposed to have resuscitated their economies. The paper seeks to provide some insights pertaining to how multilateral financial agencies engaged national governments, not as partners in a contractual relationship, but as servile actors. This situation was not mutually beneficial to both parties as interventions in local economies through financial injections had not resulted in easier repayment of loans by Sub-Saharan African governments. However, conditionalities tied to loans resulted in the erosion of social policies and social rights in Sub-Saharan Africa in the said period. Instead of shoring up economies of the countries in the region, SAPs had helped to weaken or even implode them. SAPs also eroded the social policy gains which were attained in the decade of independence in this region. The paper’s main contention is that Sub-Saharan African countries should bolster their institutions, policy-making mechanisms, and not make the same mistakes they did during that period, if they want to develop and be prosperous this century.
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Caldarelli, Gioia. "Unilateral Modification of Long Term Contracts: American Change of Terms Clauses and Italian Ius Variandi from a ‘Relational’ Point of View." European Review of Contract Law 17, no. 1 (March 12, 2021): 37–53. http://dx.doi.org/10.1515/ercl-2021-0002.
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Abstract This article analyses the compromise required between certainty and flexibility in long-term contracts, which would appear to be intrinsically linked to the adoption of adjustment tools. The allocation of rights and risks at the beginning of a contract may include the enforceability of clauses which empowers one party to unilaterally amend the original terms of the contract. On the one hand, a right granted by a change of terms clause, if properly exercised, may allow both parties to obtain the most from a long-term contract. On the other, it is essential to provide limitations so as to avoid the result that this contractual dexterity gives an unfair advantage to one party to the detriment of the weaker party.
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SCHERER, MATTHIAS, and THORSTEN SCHULZ. "EXTREMAL DEPENDENCE FOR BILATERAL CREDIT VALUATION ADJUSTMENTS." International Journal of Theoretical and Applied Finance 19, no. 07 (November 2016): 1650042. http://dx.doi.org/10.1142/s0219024916500424.
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Recognizing counterparty default risk as integral part of the valuation process of financial derivatives has changed the classical view on option pricing. Calculating the bilateral credit valuation adjustment (BCVA) including wrong way risk (WWR) requires a sound model for the dependence structure between three quantities: the default times of the two contractual parties and the derivative/portfolio value at the first of the two default times. There exist various proposals, but no market consensus, on how this dependence structure should be modeled. Moreover, available mathematical tools depend strongly on the marginal models for the default times and the model for the underlying of the derivative. In practice, independence between all (or some) quantities is still a popular (over-)simplification, which completely misses the root of WWR. In any case, specifying the dependence structure imposes one to model risk and even within some parametric model one typically obtains a considerable interval of BCVA values when the parameters are taken to the extremes. In this work, we present a model-free approach to identify the dependence structure that implies the extremes of BCVA. This is achieved by solving a mass-transportation problem using tools from optimization.
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Bondar, O. A., V. Yu Medyanyk, V. O. Pokolenko, N. S. Bushuyeva, and M. S. Mudra. "Methodical basis of formation of digital space performance of contractual construction works." Ways to Improve Construction Efficiency 1, no. 47 (January 29, 2021): 64–78. http://dx.doi.org/10.32347/2707-501x.2021.47(1).64-78.
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A system of adaptive methodology is proposed, which is formed with the help of applied tools of construction organization and targeted organizational-technological and administrative development for the implementation of large-scale construction projects through the format of a special development company. On the basis of step-by-step modeling, scenario-simulation and stochastic adjustment, subsequent multicriteria evaluation (according to 4 criteria) of the toolkit subsystem, the final index-priority of one alternative to the MBDP cycle organization is determined in relation to another. and KFOR) on technological, functional and cost characteristics of the MBDP cycle, in which the organization of construction is the most complex in terms of functional and technical content, and the preparatory phase (including the formation of an effective administrative structure) is most responsible for the targeted use of resources for project product formation, with preset parameters. The results of the study were transformed into a system of application software modules "BIM-modules of construction organization for MBDP". This set of programs (as a result of its implementation in construction practice) creates a scientific and applied means of training, organizational and technological, content-functional and administrative support of the MBDP cycle corresponding to modern needs of the construction market and the system of construction development. The scientific and theoretical value of the study is that for the first time from the standpoint of modern realities of the construction market of Ukraine and the requirements of development in housing construction, developed a methodology for construction as part of a single cycle of administration managed by a temporary enterprise-special development company. A fundamental change in the tools of construction organization has been implemented, in which the advantages of organizational and technological models of updated type and content are combined with the capabilities of BIM-technologies, structural reengineering, which ultimately provides reliable preventive (before or at the beginning of the project implementation cycle) structural decisions on the basis of stage-by-stage, multicriteria examination of decisions, with possible detection of influence of these decisions on final results of the project both for the customer, the developer, and for the organizations-executors.
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Kucharski, Bartosz. "Civil Law Consequences of the Non-Adjustment of an Insurance Product by the Distributor to the Demands and Needs of a Customer." Prawo Asekuracyjne 3, no. 100 (September 15, 2019): 18–35. http://dx.doi.org/10.5604/01.3001.0013.5730.
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According to the author, only in certain situations may the non-adjustment of insurance products to the demands and needs of the customer lead to the invalidity of insurance contract terms, or be remedied by the interpretation thereof in favour of the customer. Thus, the basic legal remedy which can be used by the customer in such case is to claim damages from the distributor. As a rule, distributors assume contractual liability based on the presumption of fault: in the case of brokers arising from brokerage contract, and in case of other distributors from obligations specified in the provisions of the Insurance Distribution Act. Insurers bear tortious non-fault liability for the activities of their dependent agents. Basically, clients may claim full damages according to the so called “difference theory”. In many cases however the damages will be restricted to the value of the overpaid insurance premium.
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Alizadeh, Zeinab, Hamidreza Roohafza, Awat Feizi, and Nizal Sarrafzadegan. "Association of shift work with depression and anxiety in middle-aged adults: a large cross-sectional study among Iranian industrial manufacturing employees." Journal of Public Mental Health 19, no. 4 (August 12, 2020): 291–300. http://dx.doi.org/10.1108/jpmh-12-2019-0103.
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Purpose This study aimed to examine the association of shift work with depression and anxiety in a large sample of formal and contractual employees of a mill steel company, Isfahan, Iran. Design/methodology/approach This cross-sectional study was performed in 2014 among 3,060 formal and contractual employees of a mill steel company Isfahan, Iran, randomly selected from 16,000 people. Data gathering was done by some validated Iranian version of self-administered questionnaires including, International Physical Activity – Short Form, Effort–Reward Imbalance, Hospital Anxiety and Depression Scale. Logistic regression was used as the main statistical method. Findings The results showed individuals in the rotating shift compared with day shift had a higher risk of depression (OR: 1.43; 95% CI: 1.12–1.84). Whereas after adjustment for various confounders, this relationship was not significant (OR: 1.19; 95% CI: 0.81–1.76). Anxiety was not associated with shift work, both in crude and adjusted models (OR: 1.08; 95% CI: 0.81–1.44) and (OR: 0.90; 95% CI: 0.67–1.19), respectively. Research limitations/implications Owing to the cross-sectional design of this study, cause–effect relationships could not be inferred from our findings. All the data used in the present analysis were collected by self-administered questionnaires. Practical implications Although our findings did not show significant association between shift work and mental health, further studies are suggested for obtaining informative data worldwide in this regard among workforce particularly among industrial employees. Originality/value Few studies have addressed the effects of shift work on mental health among industrial employees worldwide, and there is no study in developing countries.
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Fuglinszky, Ádám. "Legal Transplants: Snapshots of the State of the Art and a Case Study from Central Europe – Post Transplantation-adjustment of Contractual Liability in the New Hungarian Civil Code." European Review of Contract Law 16, no. 2 (June 5, 2020): 267–99. http://dx.doi.org/10.1515/ercl-2020-0014.
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AbstractStrict contractual liability, foreseeability and non-cumul in the new Hungarian Civil Code are a living laboratory of legal transplantation. After an introduction (I) an overview is provided on the state of the art on legal transplants in seven theses (II). A case study follows next (III), sorted into three categories: ‘full legal transplants’ (comparative analyses took place both before and after the transplantation); ‘limping legal transplants’ (no a priori comparative considerations took place but the comparative toolbox is used in interpreting the new rules) and ‘surprising legal transplants,’ based on the spontaneous intuitions of the legislator having resulted in rejection and/or conversion into a ‘legal irritant’. The conclusions (IV) verify the significance of comparative analyses both in the pre- and post-transplantation phase.
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Голопич, Т. П., and І. М. Голопич. "Legal Aspects of the Social Regulator of Contractual Relations in Labor Law of Ukraine." Law and Safety 80, no. 1 (March 19, 2021): 130–38. http://dx.doi.org/10.32631/pb.2021.1.18.
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Legal aspects of the social regulator of contractual relations in labor law of Ukraine have been revealed. The concept of social partnership and social dialogue as a legal regulatory mechanism of collective relations has been studied. Legal regulation of labor conditions at different levels, through agreements, reflecting the will and interests of the parties to the agreement, has been analyzed.
It has been found out that the personal nature of work, the definition of the specific labor function, duration of working time, remuneration of labor, etc., shall be reflected in a contractual relationship, which requires new forms of relationship between a state, an employer and an employee. Such new forms are acts of social partnership representing the interests of employees, employers, and the state in general. Special attention in this process has been paid to the collective agreement, wherein the interests of the labor collective and the employer are reconciled. The significance of the collective agreement is enhanced in the context of the market economy transformation and the development of new forms of management.
Based on international experience it has been proved that problems of economic and public life are addressed optimally, if the orientation is implemented not towards the confrontation, but towards the achievement of social compliance, adjustment of social partnership on the principles of cooperation between employers and employees, which are realized in forms of negotiations, the conclusion of collective agreements and collective arrangements, coordination of draft regulatory and legislative acts and consultation in decision-making by social partners at all levels.
It has been defined that social partnership is implemented by means of social dialogue, as a set of coordination procedures of interests of association of employees, employers and the state. Social dialogue helps to provide social harmony and stability in the society, it addresses diverse social and economic problems; it is the universal mean of collective relations for each country, it takes into account its traditions and particularities, and it is based on the significant practical experience of real cooperation.
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Barkin, Solomon. "The Flexibility Debate in Western Europe: The Current Drive to Restore Managements' Rights Over Personnel and Wages." Articles 42, no. 1 (April 12, 2005): 12–45. http://dx.doi.org/10.7202/050283ar.
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Managements' drive for the removal of contractual and govemmental restraints on their control of the work force is rationalized in Western Europe as necessary to achieve greater internal and external competitiveness. In support of this view the OECD substituted the advocacy of a flexible manpower policy (including wage policy) under the euphorie title of 'positive adjustment policy' for the prior program of an active manpower policy promoted during the sixties and early seventies. The soundness of the arguments for this change in policy has been questioned by internal research findings as well as reports by consultants and special expert groups appointed by the organization. These studies call for a package of policies and measures negotiated between management and unions to realize the ultimate ends of manpower mobility and job security. The free labor market cannot by itself serve as the mechanism for realizing these goals. Employment security and not segmentation of the work force should be the objective of joint policy making.
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Karanikić-Mirić, Marija. "The subsequent difficulty of performance in contract law." Pravo i privreda 58, no. 4 (2020): 25–54. http://dx.doi.org/10.5937/pip2004025k.
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This paper purports to clarify the notion and the legal consequences of the subsequent difficulties in performance of a bilateral contract, which occur due to an unforeseeable change in circumstances under which the contract was concluded. A part of the paper deals with the conditions for invoking the change in circumstances pursuant to Serbian and comparative contract law. In addition, the paper attempts to distinguish subsequent difficulties in performance from the different types of impossibility, such as impossibility to fulfil the purpose of transaction, objective impossibility of performance, subjective impossibility of performance, practical impossibility, and economic impossibility. The difficulties in performance occur after conclusion of the contract and are assessed in relation to what the promisor knew, or was obliged to know at the time of conclusion. If a contract becomes excessively difficult to perform, but not impossible, the promisor would not be discharged on that account, but may be able to seek termination, or judicial adjustment of the contract. In contrast, the subsequent impossibility of performance may lead to contract termination, but cannot be the grounds for judicial adjustment of the contractual content. The subsequent difficulty in performance of a contract is not easily distinguished from the so-called practical impossibility. The performance is deemed to be practically impossible if it would be contrary to reason, good faith, or the principles of fair trade to require the debtor to perform as initially agreed.
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Rott, Peter. "The Adjustment of Long-Term Supply Contracts: Experience from German Gas Price Case Law." European Review of Private Law 21, Issue 3 (May 1, 2013): 717–45. http://dx.doi.org/10.54648/erpl2013040.
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Abstract: Long-term contracts make it difficult for the contracting partners to foresee and to integrate the future development into the contract. One way to deal with this uncertainty is to provide a legal right to price adjustment; another is to include contractual terms to the same effect. Both mechanisms are present in German law related to gas supply, and both mechanisms have given rise to large-scale litigation triggered by massive price increases in the past years. This article focuses on the judicial control of unilateral price determination by the gas supplier. It shows that courts mainly exercise procedural control, looking at the transparency of the conditions for price increases, whereas they do not enter into the calculation of the adequate or fair price. Résumé: Dans les contrats à long terme, il est difficile pour les parties contractantes de prévoir et d'intégrer les développements futurs dans le contrat. Une façon de faire face à cette incertitude est de prévoir un droit légal à l'ajustement de prix, une autre façon consiste à inclure des clauses contractuelles ayant le même effet. Ces deux mécanismes existent en droit allemand en matière de fourniture de gaz et ces deux mécanismes ont donné lieu à un accroissement du nombre de litiges dû aux fréquentes augmentations de prix durant ces dernières années. Le présent article analyse le contrôle judiciaire de la fixation unilatérale du prix par le fournisseur de gaz. Il indique que les cours et tribunaux exercent principalement un contrôle procédural, examinant la transparence des conditions d'augmentations de prix, sans toutefois intervenir dans le calcul du prix juste ou adéquat. Zusammenfassung: Langzeitverträge erschweren es den Vertragsparteien, künftige Entwicklungen vorherzusehen und in den Vertrag zu integrieren. Ein Weg, mit dieser Unsicherheit umzugehen, sind gesetzliche Preisanpassungsrechte, ein anderer besteht in vertraglichen Preisanpassungsklauseln. Beide Mechanismen finden wir im deutschen Recht der Gasversorgungsverträge, und beide Mechanismen waren wegen der erheblichen Gaspreiserhöhungen der vergangenen Jahre Gegenstand einer Vielzahl gerichtlicher Verfahren. Dieser Aufsatz befasst sich mit der gerichtlichen Überprüfung einseitiger Preisbestimmungen durch den Gasversorger. Er zeigt, dass Gerichte sich auf Verfahrensfragen und Transparenz fokussieren, wohingegen eine echte Überprüfung des angemessenen oder fairen Preises unterbleibt.
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Lorenz, Werner. "Reform of the German Law of Breach of Contract." Edinburgh Law Review 1, no. 3 (May 1997): 317–44. http://dx.doi.org/10.3366/elr.1997.1.3.317.
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This paper, first presented on 21 October 1995 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the proposed reforms of German law in this area. The paper first surveys some of the problems of the existing law, highlighting its lack of a unitary concept of breach, gaps with regard to liability for breach of pre-contractual duties and contract modification owing to change of circumstances, difficulties arising from the special treatment of sales contracts and contracts for work and labour, and the mutual exclusivity of rescission and damages. Many difficulties arise from the operation of the law of prescription in the field. It is observed that the Vienna Convention on International Sales of Goods was ratified by Germany in 1991, making it desirable for reform to be consistent with the Convention. The reform proposals put forward in 1992 include a unitary concept of breach, modification of the fault principle, priority for specific implement, adjustment of the rules on termination to permit cumulation with damages and restitution, and changes with regard to the law of sales and contracts for work and labour. If implemented these will bring the German Civil Code into line with case-law developments as well as those in the international law of sales.
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Bazaliieva, L. V. "Trust Marketing in the Stakeholder Network: Mechanism, Sources and Process of Forming Trust Relationships." Business Inform 6, no. 521 (2021): 305–11. http://dx.doi.org/10.32983/2222-4459-2021-6-305-311.
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The presented publication is aimed at determining the mechanism and sources of formation of trust relationships in the stakeholder network and closer defining the content of the process of their formation. The article defines the most significant sources of formation and strengthening of trust relations at the microeconomic level, which are: openness and availability of information; solving social problems; ability of each participant in the relationship to express their interests and influence the decision-making; integrity, honesty and competence of managers; clear feedback; stability of contractual relations and partnerships; high reputation and developed organizational culture of companies. Trust in the stakeholder network has a mechanism of occurrence, which consists of an aggregate of trust states of participants in relationships and processes by which these states are formed in them. Determining the sources of trust and the mechanism of its occurrence in the stakeholder network gives grounds for the development and adjustment, if necessary, of the process of establishing and developing trust relationships between network members. The incentive, cognitive, instrumental, practical and final stages of the process of formation of trust relations in the stakeholder network are also allocated, which makes it possible to structure the process of trust formation in the system of relations between the company and stakeholders and harmonize it with the stakeholder analysis and management process.
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Południak-Gierz, Katarzyna. "Consequences of the Use of Personalization Algorithms in Shaping an Offer – A Private Law Perspective." Masaryk University Journal of Law and Technology 13, no. 2 (September 30, 2019): 161–88. http://dx.doi.org/10.5817/mujlt2019-2-2.
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Personalization mechanisms in consumer e-commerce allow for the adjustment of the time, form and manner of contact, the way of concluding the contract and the availability and content of the offer. Subsequently concluded agreements can be seen as a new phase of development of the consumer transaction model – secondary individualization replaces standardization. The possibility of concluding contracts on a massive scale is retained, but with added granularity and flexibility that mimic the individualisation of transactions. Special provisions for personalized contracts are missing on the EU level and within the Polish legal system.The starting point is an analysis of the reaction of the traditional private instruments of Polish law towards the personalization of offers – case law and doctrinal approach towards the concept of a standard contract and an individually negotiated one are examined. Next, the pre-contractual stage is investigated – the personalization process is explored from the perspective of unfair practices regulation, and the legal basis for the personalization process in the context of the GDPR is discussed. While Polish national law focuses on combating the undesired results of personalization, the EU initiatives aim at granting ex-ante protection. The mechanism in directive 2005/29/EC is being supplemented with an information protection mechanism (consent requirement). The limitations of this model are identified and some alternative solutions are proposed.
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Marinicheva, Anna Yu. "Selected issues in the organisation of prosecutorial oversight of the legality of procurement activities as exemplified by the practice of the Tomsk Oblast Prosecutor's Office." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 43 (2022): 132–39. http://dx.doi.org/10.17223/22253513/43/11.
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Organization of prosecutorial supervision over the legality of procurement involves: collecting, analysis and processing of information on the state of procurement activities in a particular region; developing goals and objectives of prosecutorial supervision in procurement activities; planning work on the direct supervision of the state of legality, including conducting prosecutorial checks (scheduled, unscheduled); implementation of materials and results of conducted inspections and supervision activities; adjustment of the existing prosecutorial. One important aspect of the organizational activities of the Prosecutor's Office in overseeing the legality of the implementation of state and municipal contracts is to ensure proper interaction with public authorities and local authorities exercising powers in this area. The main forms of interaction are: Exchange of relevant information by the agencies concerned. In turn, prosecutors inform public authorities about the state of lawfulness, fight against crime and offences in the field of protection of entrepreneurs' rights in the implementation of state and municipal contracts. Proactively informing the prosecutor's office on the facts of revealing corruptogenic provisions in the legal acts regulating relations in the contractual sphere. Joint participation in preparation of regulatory legal acts concerning observance of entrepreneurs' rights in implementation of state and municipal contracts at the level of regional and local representative bodies. Participation of prosecution authorities in meetings of public authorities, local authorities, committees, working groups, as well as coordination, inter-agency meetings of heads of law enforcement agencies and authorities. The author declares no conflicts of interests.
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Panero, Federico Jorge. "El asesoramiento como característica principal del notariado latino y como eficaz garantía de equilibrio contractual. Análisis a la luz de la legislación de consumo y del Código Civil y Comercial de la Nación. /." Revista de Derecho Notarial y Registral │Universidad Blas Pascal, no. 6 (2019) (April 7, 2020): 101–15. http://dx.doi.org/10.37767/2362-3845(2019)007.
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1.-La protección a los ciudadanos en los actos, contratos y negocios de máxima trascendencia constituye la esencia de la función pública notarial.
2.-El asesoramiento notarial es una eficaz herramienta de los Estados para garantizar un adecuado equilibrio en las relaciones contractuales entre particulares, en especial dentro del marco de las relaciones de consumo.
3.-Reconocido en forma expresa en el art. 301 del CCCN, el asesoramiento constituye un deber funcional del notario que debe cumplimentar con imparcialidad activa y sustancial en los ámbitos protocolar y extra protocolar.
4.-Los Colegios Notariales deben coadyuvar en el ejercicio imparcial de la labor asesora del notario, propiciando:
a. La realización obligatoria de una audiencia previa de asesoramiento en el marco de los contratos de consumo y de los contratos celebrados por adhesión a cláusulas generales predispuestas;
b. La modificación de los denominados “contratos tipo” o “contratos formularios”, para su ajuste a la nueva legislación civil y comercial que se sancionara bajo el paradigma protectorio y de eficaz defensa de los consumidores;
c. La restauración del arancel de orden público como eficaz medida para resguardar la imparcialidad del notario y brindar seguridad a los requirentes del servicio público notarial.
ABSTRACT:
1.-The protection of citizens in acts, contracts and businesses of maximum importance constitutes the essence of the notarial public function.
2.-The notarial advice is an effective tool of the States to guarantee an adequate balance in the contractual relations between individuals, especially within the framework of the relations of consumption.
3.-Recognized expressly in art. 301 of the CCCN, the advice is a functional duty of the notary that must be filled with active and substantial impartiality in the protocol and extra protocol.
4.-Notary Associations must contribute in the impartial exercise of the advisory work of the notary, promoting:
a. The mandatory performance of a prior advisory hearing in the context of consumer contracts and contracts concluded by adhering to general provisions provided;
b. The modification of the so-called “type contracts” or “forms contracts”, for their adjustment to the new civil and commercial legislation that will be sanctioned under the protective paradigm and effective defense of consumers;
c. The restoration of the public order tariff as an effective measure to safeguard the impartiality of the notary and provide security to the notaries of the notary public service.
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Ziadé, Roland, and Andrew Plump. "Changed Circumstances and Oil and Gas Contracts." BCDR International Arbitration Review 7, Issue 1 (June 1, 2020): 193–224. http://dx.doi.org/10.54648/bcdr2021022.
Full textAbstract:
Actors in the Oil & Gas sector frequently have the experience and foresight to include price adjustment and similar self-regulating clauses in their long-term contracts. It has long been the case in the MENA region that this, coupled with other factors such as the type and size of the companies in the sector and the applicable business and legal cultures, has limited the number of disputes requiring third-party adjudication, notably via international arbitration. However, as the COVID-19 pandemic has entered a second calendar year and continues to roil the world economy and upend established patterns and relationships, it is timely to review the legal landscape in MENA countries in respect of force majeure, hardship and related legal doctrines concerning the potential effects of changed conditions on contracts.This is particularly relevant as a number of these national laws treat the authority of a judge or arbitrator to potentially adjust a contract to maintain or restore its economic equilibrium in the face of unforeseen changed circumstances as a matter of public policy. It is also revealing to see how arbitral tribunals have in fact dealt in the past with other situations of changed conditions affecting Oil & Gas sector contracts in the MENA region and consider the potential implications for emerging and potential disputes, including those which may emerge from disruptions secondary to the COVID-19 pandemic. This review brings into stark relief the vital importance of effective and resilient contractual mechanisms and of careful attention to the choice and significance of the national law to govern such contracts.
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Mozgova, Anna. "Testing heat supply networks for heat losses." E3S Web of Conferences 274 (2021): 08003. http://dx.doi.org/10.1051/e3sconf/202127408003.
Full textAbstract:
The scope of operations of the branch where the survey was carried out is: transmission and distribution of heat and heating medium to consumers through heat supply networks, maintaining the proper quality and amount of thermal power and heating medium supplied, ensuring contractual activities with heat consumers, as well as control of compliance with the consumption regimes stipulated by contracts, ensuring payments from consumers for supplied heat and heating medium, development and implementation of measures ensuring maximum efficiency of heat supply activities. The purpose of the work performed is to determine the actual heat losses through the thermal insulation of the surveyed heating networks and to compare them with normative values. The article presents an analysis of materials on the heat supply system; test findings for actual heat losses in a heat supply pipeline; calculation of actual heat losses for each section and their adjustment to average annual operating conditions of the given heat supply network; comparison of calculation results with normative characteristics. The test findings are used in developing the output performance for the «Heat Loss» indicator and in setting of norms for operating heat losses. The heat supply source for the heat pipeline is the CHP-plant. The pipelines are routed above ground on high and low supports, as well as in crawl ways. The thermal insulation of the pipelines is mainly made of 50 mm blankets of mineral wool and is typical for heat supply networks. In overhauls of heat supply networks, polyurethane foam is partly used as thermal insulation.
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Mazhorina, M. V. "The Right to Choose Non-Law: How to Open Pandora’s Box with Lex Voluntatis." Lex Russica, no. 12 (December 23, 2021): 9–21. http://dx.doi.org/10.17803/1729-5920.2021.181.12.009-021.
Full textAbstract:
The autonomy of the will of the parties (lex voluntatis) is one of the central institutions of private international law that, in the context of proliferation of non-legal subject matter, multiplying sources of non-state regulation, and also due to the conceptualization of the institution of “rules of law” in the practice of world arbitrations, acquires a new methodological meaning and requires its rethinking. The paper examines the institution of the autonomy of the will of the parties from different angles: as a principle of conflict of laws, as a substantive law institution, and as a mechanism for legitimizing the norms of non-state regulation. The autonomy of the will of the parties today acquires a visible potential of a legal basis for the construction of a special, possibly “hybrid,” regulatory regime for cross-border private law, for mainly contractual relations, it becomes a form of expression of the right to choose non-law. Interpreting the autonomy of the will through the prism of the substantive law theory and in the context of admitting the choice of non-state regulation as the applicable law can pose a serious risk both for the parties to cross-border agreements and for the law-enforcer in terms of conflicting law and non-law. The author concludes that acknowledgement that the institution of autonomy of the will authorizes the right to choose non-law, in fact, means that a fragmented legal space, which itself differs significantly from state to state, can collide with a rapidly scalable, even more heterogeneous non-state array of norms emanating from non-state actors. This state of the normative superstructure can be characterized as a conflict of law and non-law and requires the development and adjustment of an appropriate methodology of private international law.
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Martínez Villar, Pedro María. "El sector de la construcción en la provincia de León a lo largo del periodo 1990-2013 = The construction industry in the province of León during the period 1990-2013." Pecvnia : Revista de la Facultad de Ciencias Económicas y Empresariales, Universidad de León, no. 2013/14 (December 15, 2014): 65. http://dx.doi.org/10.18002/pec.v0i2013/14.3717.
Full textAbstract:
<p class="Formatolibre">El sector de la construcción a lo largo del periodo 1990-2013 ha protagonizado un papel fundamental en el desarrollo de la provincia de León al haber contribuido a mejorar la posición competitiva provincial, así como las condiciones de vida de los ciudadanos al haber proporcionado elementos de bienestar básicos para la sociedad.</p><p class="Formatolibre">El comportamiento sectorial de la construcción a lo largo de los años analizados, a grandes rasgos y salvando ciertas particularidades, ha replicado el ciclo económico vivido a nivel nacional. De esta forma, el sector de la construcción leonés ha participado de la etapa de recuperación de la crisis anterior de 1992-1993 durante los años 1995-1999. A partir del año 2000 y hasta el 2009 el sector vive una intensa fase expansiva, llegando a aportar el 12,62% del PIB provincial y el 14% del empleo. A partir del 2010, y con casi 18 meses de retraso respecto al inicio de la crisis a nivel nacional, el sector empezó a mostrar alarmantes signos de debilidad, experimentando una intensa y duradera depresión que ha afectado al nivel de output de otros sectores que tienen un elevado grado de dependencia de la construcción.</p><p class="Formatolibre">A pesar de la intensa crisis sufrida por este sector desde 2007, la actividad constructora sigue siendo importante para el conjunto de la economía provincial, puesto que el 17,36% del total de las empresas leonesas tienen actividad directa con la construcción y sigue aportando cifras próximas al 10% del VAB provincial y en términos de empleo el sector sigue dando empleo a 15.200 trabajadores en la provincia de León. En este sentido, es necesario indicar que la crisis, además de haber expulsado a un notable número de trabajadores del sector, ha causado un deterioro importante de la calidad contractual de las nuevas incorporaciones, incrementándose la temporalidad y una reducción notable de los salarios como principales características de ajuste del mercado de trabajo sectorial.</p><p class="Formatolibre">The construction industry over the period 1990-2013 has carried out a fundamental role in the development of the Province of Leon, as it has contributed to the improvement of its competitive position and living conditions of its inhabitants and has provided wellness infraestructure, basic to society.</p><p class="Formatolibre">The performance of the construction industry over the years analyzed has broadly, and saving certain peculiarities, replicated the economic cycle experienced nationwide. Thus, the construction industry of the province of Leon has participated in the recovery phase of the previous crisis of 1992-1993 during the years 1995-1999. From 2000 and until 2009 the industry faced an intense upswing, reaching 12.62% contribution to the provincial GDP and 14% of employment. It was on 2010, almost 18 months later than the beginning of the nationwide crisis, when the sector began to show worrying signs of weakness, experiencing an intense and lasting depression that has affected the production and output level of other sectors that have a high degree of dependence on construction industry.</p><p class="Formatolibre">Despite the intense crisis experienced by the sector since 2007, construction activity remains important for the entire provincial economy. Forasmuch as 17.36% of the total of Leon companies have direct activity with construction and its industry continues to provide figures close to 10% of the provincial VAB in terms of employment and the sector still employs 15,200 workers in the province. In this sense, the fact remains that the crisis not only has driven a significant number of workers out of the sector, but it has also caused a significant deterioration of the contractual quality of the new jobs, and resulting in a significant reduction in wages as major characteristics of work sector market adjustment.</p>
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Martínez Villar, Pedro María. "El sector de la construcción en la provincia de León a lo largo del periodo 1990-2013 = The construction industry in the province of León during the period 1990-2013." Pecvnia : Revista de la Facultad de Ciencias Económicas y Empresariales, Universidad de León, Monog (December 15, 2014): 65. http://dx.doi.org/10.18002/pec.v0imonog.3717.
Full textAbstract:
<p class="Formatolibre">El sector de la construcción a lo largo del periodo 1990-2013 ha protagonizado un papel fundamental en el desarrollo de la provincia de León al haber contribuido a mejorar la posición competitiva provincial, así como las condiciones de vida de los ciudadanos al haber proporcionado elementos de bienestar básicos para la sociedad.</p><p class="Formatolibre">El comportamiento sectorial de la construcción a lo largo de los años analizados, a grandes rasgos y salvando ciertas particularidades, ha replicado el ciclo económico vivido a nivel nacional. De esta forma, el sector de la construcción leonés ha participado de la etapa de recuperación de la crisis anterior de 1992-1993 durante los años 1995-1999. A partir del año 2000 y hasta el 2009 el sector vive una intensa fase expansiva, llegando a aportar el 12,62% del PIB provincial y el 14% del empleo. A partir del 2010, y con casi 18 meses de retraso respecto al inicio de la crisis a nivel nacional, el sector empezó a mostrar alarmantes signos de debilidad, experimentando una intensa y duradera depresión que ha afectado al nivel de output de otros sectores que tienen un elevado grado de dependencia de la construcción.</p><p class="Formatolibre">A pesar de la intensa crisis sufrida por este sector desde 2007, la actividad constructora sigue siendo importante para el conjunto de la economía provincial, puesto que el 17,36% del total de las empresas leonesas tienen actividad directa con la construcción y sigue aportando cifras próximas al 10% del VAB provincial y en términos de empleo el sector sigue dando empleo a 15.200 trabajadores en la provincia de León. En este sentido, es necesario indicar que la crisis, además de haber expulsado a un notable número de trabajadores del sector, ha causado un deterioro importante de la calidad contractual de las nuevas incorporaciones, incrementándose la temporalidad y una reducción notable de los salarios como principales características de ajuste del mercado de trabajo sectorial.</p><p class="Formatolibre">The construction industry over the period 1990-2013 has carried out a fundamental role in the development of the Province of Leon, as it has contributed to the improvement of its competitive position and living conditions of its inhabitants and has provided wellness infraestructure, basic to society.</p><p class="Formatolibre">The performance of the construction industry over the years analyzed has broadly, and saving certain peculiarities, replicated the economic cycle experienced nationwide. Thus, the construction industry of the province of Leon has participated in the recovery phase of the previous crisis of 1992-1993 during the years 1995-1999. From 2000 and until 2009 the industry faced an intense upswing, reaching 12.62% contribution to the provincial GDP and 14% of employment. It was on 2010, almost 18 months later than the beginning of the nationwide crisis, when the sector began to show worrying signs of weakness, experiencing an intense and lasting depression that has affected the production and output level of other sectors that have a high degree of dependence on construction industry.</p><p class="Formatolibre">Despite the intense crisis experienced by the sector since 2007, construction activity remains important for the entire provincial economy. Forasmuch as 17.36% of the total of Leon companies have direct activity with construction and its industry continues to provide figures close to 10% of the provincial VAB in terms of employment and the sector still employs 15,200 workers in the province. In this sense, the fact remains that the crisis not only has driven a significant number of workers out of the sector, but it has also caused a significant deterioration of the contractual quality of the new jobs, and resulting in a significant reduction in wages as major characteristics of work sector market adjustment.</p>
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Cornelius, S. "Die matigende rol van die waardes onderliggend aan die grondwet in die Suid-Afrikaanse kontraktereg." Tydskrif vir die Suid-Afrikaanse Reg 2022, no. 4 (2022): 660–71. http://dx.doi.org/10.47348/tsar/2022/i4a3.
Full textAbstract:
With the adoption of the interim constitution in 1993, much was made of the transformative function which the new constitution, and more particularly, the bill of rights, would fulfil. There were calls to reform the law of contract, whether by means of codification, piecemeal legislation or judicial reform. This contribution focuses on judicial reform of the law of contract and the apparent lack of change since the advent of the new constitutional dispensation. The search for a means to mitigate the strict application of the law of contract is not new. The Romans found that strict application of the law of contract could sometimes lead to unfair results. Eventually, Roman law developed a remedy, known as the exceptio doli, to mitigate the strict application of the law of contract. The courts in South Africa, from the outset, had to deal with instances where strict application of the law of contract would apparently lead to harsh results. To this end, the courts also turned to the Roman exceptio doli, but eventually, the appellate division ruled in Bank of Lisbon and South Africa Ltd v De Ornelas (1988 3 SA 580 (A)) that the exceptio doli is not part of the South African law of contract. Since then, and particularly since the advent of the new constitutional dispensation, parties have sought to rely on the values underlying the constitution, good faith, reasonableness and equity, in an attempt to seek redress from what they viewed as the harsh effects of the law of contract. Some trends began to develop: firstly, in some instances, judges displayed a shocking lack of knowledge of the law of contract; secondly, parties or the courts sometimes unnecessarily invoked the constitution when the common law of contract would have produced the same result; thirdly, a clear pattern of conservative majority and liberal minority opinions emerged in judgments of the courts; and lastly, the courts have tended to follow an all-or-nothing approach to matters dealing with contracts. However, in a minority opinion in Beadica 231 CC v Trustees, Oregon Trust (2020 5 SA 247 (CC)), Froneman J proposed a more nuanced approach in terms of which contractual matters can be resolved by proportionate adjustment of the contract. This kind of approach has been followed in Germany and it is proposed that the German concept of ergänzende Vertragsauslegung can guide the courts in South Africa to give greater effect to the values underlying the constitution, good faith, reasonableness and equity.
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Masten, Scott E. "Adaptation, adjudication, and private ordering: Contractual Relations through the Williamson Lens." Journal of Institutional Economics 18, no. 2 (October 26, 2021): 283–96. http://dx.doi.org/10.1017/s1744137421000722.
Full textAbstract:
AbstractWilliamson's legacy will be permanently, and deservedly, linked with the theory of the firm. As important, however, is his contribution to our understanding of contracting. My aim here is to describe Williamson's conception of contracting, how it differs from other approaches to contracting, and some implications of that approach for contract design and enforcement. I argue that Williamson's ‘process orientation’ – in which the main dimension along which contracts vary is the extent to which contract adjustments are effected through court ordering versus private ordering – provides alternative interpretations of some conventional contract terms but also sheds light on some otherwise puzzling contractual phenomena.
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Song, Yijun, Yatong Li, Chuan Xia, Mingzi Zhang, Nanze Yu, Jiuzuo Huang, Xiao Long, and Xiaojun Wang. "Use of Tissue Expansion and Serial Z-plasty for Release of Neck Postburn Scar Contracture." Journal of Burn Care & Research 40, no. 6 (July 27, 2019): 966–71. http://dx.doi.org/10.1093/jbcr/irz134.
Full textAbstract:
Abstract Z-plasty is widely employed in plastic surgery and its mainly functions include elongation along the axis of the scar, dispersal, and realigning the scar within the lines of minimal tension. It is especially useful to release linear-scar contracture, yet difficult for wide scars. Here, we described a technique of tissue expansion followed by serial Z-plasty for several cases of severe postburn scar contracture. In this procedure, first, full expansion should be achieved in the tissues adjacent to the contracture by tissue expansion. Then, the serial Z-plasty technique with precise trimming and adjustment is performed with adequate tension-free skin to release the contracture. Over a period of 2 years from 2015 to 2017, this technique was employed in moderate or severe postburn scar contracture in four patients (1 male and 3 females) aged 14 to 40 years old. The size of contracture ranged from 5 to 27 cm in diameter. Improved appearance and excellent skin match was observed in our four patients. All patients healed uneventfully without any complications and no patient required revision surgery. The range of motion, short form-36 health survey and Vancouver Scar Scale indicated that this technique offered a durable skin coverage with satisfying appearance in these patients. Through the outcomes of our patients, tissue expansion followed by serial Z-plasty has a great potential to be a useful alternative for the treatment of scar contracture especially for contracture adjacent to cervical joints.
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Efroni, Zohar. "Gaps and opportunities: The rudimentary protection for “data-paying consumers” under new EU consumer protection law." Common Market Law Review 57, Issue 3 (May 1, 2020): 799–830. http://dx.doi.org/10.54648/cola2020693.
Full textAbstract:
Recent adjustments to consumer protection law have played a significant role in the strategic steps taken by the EU in attempts to adapt EU law to the digital economy and to the rising importance of data and data markets. The Directive on certain contractual aspects concerning the provision of digital goods and digital services stands out in its unequivocal recognition of business models that rely on data as contractual counter-performance and of the need to protect (also) consumers who “pay” with data instead of money. This article analyses the novel provisions of the Directive and assesses its impact specifically on data-paying consumers within the broader context of recent EU legislation in the area of consumer protection and data protection. The article identifies some gaps in the legislative scheme and possible opportunities for domestic laws and courts to fill these gaps for granting effective protection to such consumers.
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Diong, Joanna, and Robert D. Herbert. "Is Ankle Contracture After Stroke Due to Abnormal Intermuscular Force Transmission?" Journal of Applied Biomechanics 31, no. 1 (February 2015): 13–18. http://dx.doi.org/10.1123/jab.2014-0064.
Full textAbstract:
Contracture after stroke could be due to abnormal mechanical interactions between muscles. This study examined if ankle plantarflexor muscle contracture after stroke is due to abnormal force transmission between the gastrocnemius and soleus muscles. Muscle fascicle lengths were measured from ultrasound images of soleus muscles in five subjects with stroke and ankle contracture and six able-bodied subjects. Changes in soleus fascicle length or pennation during passive knee extension at fixed ankle angle were assumed to indicate intermuscular force transmission. Changes in soleus fascicle length or pennation were adjusted for changes in ankle motion. Subjects with stroke had significant ankle contracture. After adjustment for ankle motion, 9 of 11 subjects demonstrated small changes in soleus fascicle length with knee extension, suggestive of intermuscular force transmission. However, the small changes in fascicle length may have been artifacts caused by movement of the ultrasound transducers. There were no systematic differences in change in fascicle length (median between-group difference adjusting for ankle motion = -0.01, 95% CI -0.26–0.08 mm/degree of knee extension) or pennation (-0.05, 95% CI -0.15–0.07 degree/degree of knee extension). This suggests ankle contractures after stroke were not due to abnormal (systematically increased or decreased) intermuscular force transmission between the gastrocnemius and soleus.
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Blanton, Sarah, Samuel P. Grissom, and Lisa Riolo. "Use of a Static Adjustable Ankle-Foot Orthosis Following Tibial Nerve Block to Reduce Plantar-Flexion Contracture in an Individual With Brain Injury." Physical Therapy 82, no. 11 (November 1, 2002): 1087–97. http://dx.doi.org/10.1093/ptj/82.11.1087.
Full textAbstract:
Abstract Background and Purpose. Ankle plantar-flexion contractures are a common complication of brain injuries and can lead to secondary limitations in mobility. Case Description. The patient was a 44-year-old woman with left hemiplegia following a right frontal arteriovenous malformation resection. She had a left ankle plantar-flexion contracture of −31 degrees from neutral. After a tibial nerve block, an adjustable ankle-foot orthosis was applied 23 hours a day for 27 days. Adjustments of the orthosis were made as the contracture was reduced. The patient received physical therapy during the 27-day period for functional mobility activities and stretching the plantar flexors outside of the orthosis. Outcomes. The patient's dorsiflexion passive range of motion increased from −31 degrees to +10 degrees. Discussion. The application of an adjustable ankle-foot orthosis following a tibial nerve block, as an addition to a physical therapy regimen of stretching and mobility training, may reduce plantar-flexion contractures in patients with brain injury.
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Šolaja, Irina. "Authority of the Party Affected by the Changed Circumstances and Authorisations of the Court // Ovlašćenja strane pogođene promenjenim okolnostima i ovlašćenja suda." Годишњак факултета правних наука - АПЕИРОН 7, no. 7 (July 27, 2017): 286. http://dx.doi.org/10.7251/gfp1707286s.
Full textAbstract:
Investment in the economy is necessary and essential, and lack of personal funds are overcome by encouraging and attracting foreign investment. Business practice shows that all sophisticated investors and lenders insist on the so-called. pricing schemes, which are adaptable to changing circumstances during long-term contracts with successive or permanent fulfillment. Countries, where most of the international commercial lenders are located, consider that the Fixed Price Contract also includes the division of the business risk. However, per our law, a Fixed Price Contract is not also a redistribution of business risk, which means that in case of external events parties are required to fulfill their obligations. Why is this significant? If there are no contractual provisions, that regulate the contract adjustments related to the changed circumstances, then the used provisions are from the host country which legal terms are determined.
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Ncube, Douglas. "The Importance of Contract Farming to Small-scale Farmers in Africa and the Implications for Policy: A Review Scenario." Open Agriculture Journal 14, no. 1 (June 2, 2020): 59–86. http://dx.doi.org/10.2174/1874331502014010059.
Full textAbstract:
Introduction: Contract Farming (CF) has been largely believed to have the ability to promote the chances of Small-scale Farmers (SSFs) from less developed nations to participate in intensive agricultural production and lucrative export markets, thereby integrating them into the latest way of doing agri-business. Problem statement: A perennial issue of SSFs in Africa is a subsistence agricultural productivity due to lack of proper markets, credits and technology in recent years, aggravated by unstable prices of energy and food and lately by the global financial crisis. Methodology: The study is purely qualitative in nature, making use of secondary data (literature from journals, working papers, unpublished theses and other publications was analysed). The study reviewed CF definitions, the origins, evolution, models on CF, SSFs and CF, objectives, policy-issues and implications to conclusions and recommendations. Results: The study has shown that adjustments in agri-food systems globally are producing an increased new interest in CF as a supply-chain governance strategy. It has been established that small and medium size farmers in Africa are suppressed by market bottlenecks or unfairness, for example, restricted access to loan facilities, insurance and specialised agri-inputs at above-average costs. Conclusion: Government and the private sector must formulate contractual laws that will govern agricultural production and marketing agreements between agri-businesses and farmers in addition to establishing and strengthening contract-enforcing institutions to protect both parties contract from any contractual problems, for example, side marketing. Contract Farming brings out the best outcomes for farmers when they have sufficient bargaining power to negotiate the terms of the contract.
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Wu, Karl, Chih-Hung Chang, Ja-Wine Chen, and Sheng-Mou Hou. "DESIGN AND RATIONALE OF A NEW TYPE PROGRESSIVE STRETCHING STATIC ADJUSTABLE ELBOW SPLINT FOR POST-OPERATIVE REHABILITATION AFTER ELBOW TRAUMA OR SURGERY." Biomedical Engineering: Applications, Basis and Communications 19, no. 03 (June 2007): 165–69. http://dx.doi.org/10.4015/s1016237207000197.
Full textAbstract:
Among all the joints in the human body, the elbow joint is the one which most easily suffers from stiffness. Thus, a progressive stretching static adjustable elbow splint is necessary for a post-traumatic or post-operative situation in treating of elbow problems. We developed a new type of static adjustable elbow splint, which can provide flexion and extension in a wide range of motion. The splint also has a self-adjustable spiral rod. Patients can adjust the motion arc according to his tolerance, which may reduce the iatrogenic injury caused by forceful manipulation. The splint has two rotation hinges to provide self-adjustment of rotation center. We can apply this new type of splint for post-operative rehabilitation of elbow surgery, such as fracture-dislocation fixation, contracture release, arthroplasty and non-operative treatment of elbow injury.
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Prasetyono, TOH, and CR Andrian. "Dorsal pentagonal island flap to reconstruct post-burn interdigital web." Annals of The Royal College of Surgeons of England 101, no. 4 (April 2019): 290–96. http://dx.doi.org/10.1308/rcsann.2019.0003.
Full textAbstract:
Introduction This study reports the use of a dorsal pentagonal island flap for post-burn webbing contracture, in which the islanded flap is harvested from the burn scar tissue. Methods Fourteen dorsal pentagonal island flaps were harvested in seven patients with post-burn webbing. Each flap was selected by examining the scar tissue donor using a modified Vancouver scar scale. Modification from the basic design was made according to the density of the donor scar tissue and the metacarpophalangeal joint movement. Results All the flaps survived with normal abduction of the affected fingers. Modification of the flap design needed adjustment by assessing it through flexion and extension of the metacarpophalangeal joints. There was no incidence of web creep after two months to one year of follow-up. Conclusion Dorsal pentagonal island flap shows promising results as an alternative for reconstructing post-burn webbing.
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Alyakin, D. S. "Due Performance of Contractual Obligations in the Context of Amendments to the Civil Code of the Russian Federation." Journal of Law and Administration 18, no. 3 (October 18, 2022): 39–47. http://dx.doi.org/10.24833/2073-8420-2022-3-64-39-47.
Full textAbstract:
Introduction. The paper examines the structure of due performance of obligations, as well as analyses the principal amendments to the civil law regulation of the relevant relations.Materials and methods. The research material consisted of the Civil Code of the Russian Federation, jurisprudence, and scientific studies in the field of civil law. The methodological basis was composed of general scientific (analysis, synthesis, and analogy) and special legal methods (comparative-legal, formallogical, systemic, structural-functional methods, and method of interpretation).Research results. The author notes that the amendments to the Civil Code of the Russian Federation and their construction by the Plenum of the Supreme Court of the Russian Federation, despite their focus on ensuring the due performance of obligations and increasing the protection level of rights and legitimate interests of parties, have both advantages and disadvantages that require further study and revision. These amendments are considered in the context of the specific performance of an obligation in relation to the due subject, persons, method, date, venue.Сonclusion. The provisions on legal interest, differentiation between debt and payment currencies, alternative and optional obligations, additional requirements for performing an obligation to a due person, conditional performance of an obligation, possibility to set a date for performing an obligation which is linked to certain actions being performed by a party to a contract or concrete circumstances, date and venue of the performance of an obligation, which were included in the legislation, are well formulated. At the same time, it seems that the legal rules on the transfer of a creditor’s rights to a third party who performed the obligation instead of a debtor, performance of an obligation by a third party, partial performance of an obligation, early performance of an obligation require adjustments.
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MacWilliams, Bruce A., Sarada Prasad, Amy L. Shuckra, and Michael H. Schwartz. "Causal factors affecting gross motor function in children diagnosed with cerebral palsy." PLOS ONE 17, no. 7 (July 18, 2022): e0270121. http://dx.doi.org/10.1371/journal.pone.0270121.
Full textAbstract:
Background Cerebral palsy (CP) is a complex neuromuscular condition that may negatively influence gross motor function. Children diagnosed with CP often exhibit spasticity, weakness, reduced motor control, contracture, and bony malalignment. Despite many previous association studies, the causal impact of these impairments on motor function is unknown. Aim In this study, we proposed a causal model which estimated the effects of common impairments on motor function in children with spastic CP as measured by the 66-item Gross Motor Function Measure (GMFM-66). We estimated both direct and total effect sizes of all included variables using linear regression based on covariate adjustment sets implied by the minimally sufficient adjustment sets. In addition, we estimated bivariate effect sizes of all measures for comparison. Method We retrospectively evaluated 300 consecutive subjects with spastic cerebral palsy who underwent routine clinical gait analysis. Model data included standard information collected during this analysis. Results The largest causal effect sizes, as measured by standardized regression coefficients, were found for selective voluntary motor control and dynamic motor control, followed by strength, then gait deviations. In contrast, common treatment targets, such as spasticity and orthopedic deformity, had relatively small effects. Effect sizes estimated from bivariate models, which cannot appropriately adjust for other causal factors, substantially overestimated the total effect of spasticity, strength, and orthopedic deformity. Interpretation Understanding the effects of impairments on gross motor function will allow clinicians to direct treatments at those impairments with the greatest potential to influence gross motor function and provide realistic expectations of the anticipated changes.
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Ullate, Ane, Ignacio Arance, Miguel Virseda-Chamorro, Sonia Ruiz, Juliusz Szczesniewski, Carlos Téllez, Fabian Queissert, Juan F. Dorado, and Javier C. Angulo. "ATOMS (Adjustable Trans-Obturator Male System) in Patients with Post-Prostatectomy Incontinence and Previously Treated Urethral Stricture or Bladder Neck Contracture." Journal of Clinical Medicine 11, no. 16 (August 19, 2022): 4882. http://dx.doi.org/10.3390/jcm11164882.
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(1) Background: Male stress incontinence in patients with previously treated urethral or bladder neck stricture is a therapeutic challenge. The efficacy and safety of the adjustable trans-obturator male system (ATOMS) in these patients is unknown. (2) Methods: All patients with primary ATOMS implants in our institution between 2014 and 2021 were included. The outcomes of patients with previously treated urethral or bladder neck stricture (≥6 months before ATOMS implant) and stable 16Ch urethral caliber were compared to those without a history of stricture. The primary endpoint was the dry patient rate, defined as the pad test ≤ 20 mL/day, and complication rate, including device removal. The secondary variable was self-perceived satisfaction using the Patient Global Impression of Improvement (PGI-I) scale. Wilcoxon rank sum test, Fisher’s exact test and logistic regression were performed. (3) Results: One hundred and forty-nine consecutive patients were included, twenty-one (14%) previously treated for urethral or bladder neck stricture (seven urethroplasty, nine internal urethrotomy and five bladder neck incision). After ATOMS adjustment, 38% of the patients with treated stricture were continent compared to 83% of those without (p < 0.0001). After weighted matched observations using propensity score pairing, the proportion of continent patients without a previous stricture was 56% (p = 0.236). Complications occurred in 29% of the patients with stricture and in 20% of those without (p = 0.34). The severity of the complications was distributed evenly among the groups (p = 0.42). Regarding self-perceived satisfaction with the implant, 90% of the patients with stricture perceived the results satisfactorily (PGI-I 1–3) compared to 97% of the rest (p = 0.167). Stricture was associated with radiotherapy (p < 0.0001) and time from prostatectomy to implantation (p = 0.012). There was a moderate correlation between previous stricture and the severity of incontinence, both evaluated according to the 24-h pad test (Rho = 0.378; p < 0.0001) and the ICIQ-SF questionnaire (Rho = 0.351; p < 0.0001). Multivariate analysis for the factors predictive of failure after ATOMS adjustment revealed previous stricture (OR 4.66; 95% CI 1.2–18.87), baseline 24-h pad test (per 100 mL, OR 1.28; 95% CI 1.09–1.52) and final cushion volume (per mL, OR 1.34; 95% CI 1.19–1.55). This model predicted dryness with an AUC of 92%. After the PSMATCH procedure using a propensity score, the model remained unchanged, with the previous stricture (OR 8.05; 95% CI 1.08–110.83), baseline 24-h pad test (per 100 mL, OR 1.53; 95% CI 1.15–2.26) and final cushion volume (per mL, OR 1.45; 95% CI 1.17–2) being independent predictors and an AUC of 93%. (4) Conclusions: ATOMS can be used to treat male stress incontinence in patients with a history of stricture, although the effectiveness of the device is reduced. On the other hand, the security and perceived satisfaction were equivalent for both groups.
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Strom, Martin. "European Union Competition Law Developments in the Aviation Sector: July to December 2021." Air and Space Law 47, Issue 2 (March 1, 2022): 167–208. http://dx.doi.org/10.54648/aila2022011.
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The second half of 2021 has seen the aviation industry continue to grapple with the impact of the on-going Coronavirus (COVID-19) pandemic, as travel restrictions and similar adjustments have been required in a number of jurisdictions. Key developments included in this article include: – A number of addressees of the European Commission’s (the ‘Commission’) air cargo cartel case, which imposed significant fines on participating airlines, have lodged claims against the Commission seeking compensation as a result of the latter’s refusal to pay interest on fines imposed which the Commission repaid to airlines following the EU court’s annulment of the original cartel decision. – The Commission has closed its investigation into Amadeus and Sabre over their contractual terms governing the distribution of airline tickets in agreements between airlines and travel agents, citing insufficient evidence that the arrangement had restricted competition; and – The seismic impact of the on-going pandemic continues to give rise to a great number of State Aid notifications to various beneficiaries in the aviation sector, with a commensurate uptick in the number of legal challenges before EU courts. As with 2020, Ryanair has continued to be particularly active in challenging these measures. This article summarizes the main developments over the past 6 months and aims to provide the reader with an overview of each of these developments. aviation, airline, regulation, competition and anti-trust
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Skliar, Nadiia, Vitaliy Begma, and Oksana Vrublevska. "New challenges for the defense industrial enterprises of Ukraine in the conditions of the global pandemic." Revista Amazonia Investiga 10, no. 37 (March 5, 2021): 45–55. http://dx.doi.org/10.34069/ai/2021.37.01.4.
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The global COVID-19 pandemic has made significant corrections to international trade in many countries around the world. The article is devoted to topical issues of identifying new challenges that have arisen at entities of the defense industry of Ukraine in the context of the COVID-19 pandemic. Comparative analysis of forced changes in defense budgets of different countries and statistical analysis of industries that are connected by supply chains with enterprises of the defense industry of Ukraine, which suffer from the introduction of quarantine restrictive measures, proves restrictions on interstate trade, disruption of domestic and global supply chains and significant losses in the economy. This situation may have medium-term consequences for the country's defense budget, and the Ministry of Defense of Ukraine will be forced to apply optimization plans for effective measures of such a scale as modern sequestration. India, Thailand, and South Korea are identified as the most risk-sensitive counterparties of Ukrainian defense exporters due to the reorientation of finances to the priority segment of medicine to eliminate the consequences of the pandemic. To minimize the risk of non-performance of contractual obligations, it is recommended to review the basic terms of supply of goods under the contracts with risk-sensitive counterparties and make adjustments to force majeure clauses in regard to epidemics, as well as possible revise the contract's payment terms.
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Brooks, Charles N. "Measuring Hip Motion." Guides Newsletter 15, no. 6 (November 1, 2010): 2–3. http://dx.doi.org/10.1001/amaguidesnewsletters.2010.novdec01.
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Abstract Accurate measurement of hip motion is important in initial diagnosis, assessing progression over time, evaluating treatment outcomes, and rating impairments of this joint. In the AMA Guides to the Evaluation of Permanent Impairment (AMA Guides), Sixth Edition, range-of-motion (ROM) measurements are still a factor because the physical examination and other adjustment tables are used to select the grade and final rating. Further, ROM deficits may be used to derive a stand-alone rating when other tables refer the rater to motion impairment or if no diagnosis-based section is applicable for impairment rating. Hip motions generally are measured using a large goniometer, although an electronic inclinometer also may be used. Examiners must conduct tests in accordance with measurement instructions in the AMA Guides. From the standpoint of impairment rating, hip extension, at least beyond neutral, is irrelevant; if a patient does not have a flexion contracture of at least 10°, there is no extension impairment. Examiners should compare both extremities; active or voluntary motion is performed by the active contraction of the governing muscles and should be evaluated first. During this and other measurements, patients may have a tendency to extend or guard, thus producing an erroneously inflated measurement. Examiners must ensure that such behaviors do not occur and should record only the correct measurement.
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Kjærgaard Sørensen, Nicolai, and Ulla Steen. "The Fundraiser's Transfer of Personal Data from the European Union to the United States in Context of Crowdfunding Activities." Nordic Journal of Commercial Law, no. 2 (November 15, 2022): 21. http://dx.doi.org/10.54337/ojs.njcl.2.7545.
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European start-up companies must overcome more ‘transfer hurdles’ when personal data is transferred from the European Union to the US (United States of America) as part of crowdfunding campaign activities. Transfer of personal data is commonly not associated with (small scale) crowdfunding activities. However, the strict rules of the EU GDPR (European General Data Protection Regulation) on safeguarding personal data apply to all companies when data is transferred from the EU to the US - regardless the size of the business.
This article identifies exchange of personal data that takes place between primarily fundraiser and crowdfunding service provider in different steps of fundraising campaigns. The framework for rewardbased crowdfunding for goods production that is provided by the US based Indiegogo platform is used as example and context. The article highlights by way of example the obligations that must be met by European fundraisers as "data controllers" when personal data is transferred to Indiegogo. No easy solutions are provided by either European Union or national data protection authorities on how to establish an adequate level of personal data protection. Paradigms on how to secure transfer of personal data to third countries are available in form of so-called standard contractual clauses, but still conditions for transfer of personal data from Europe to the US are hard to comply with. Apart from entering into an inter partes agreement on use of standard contractual clauses with the crowdfunding platform provider, a European fundraiser must furthermore make a so-called "transfer impact assessment" to ensure that third party access to personal data is avoided. In the case of transfer of personal data from the EU to the US the fundraiser must consider using encryption of data as a "supplementary measure" to block third party access. Encryption of data is however not suitable for exchange of data in a dynamic crowdfunding campaign so other means for protection of data must be found and applied.
The reason and explanation for making data transfers from the EU to the US that hard for e.g., fundraisers are thus to be found at interstate level in the relation between the EU and the US. According to EU law, more specifically the GDPR and several of the provision of the Charter of Fundamental Rights of the European Union, US security legislation authorises a disproportionate access for US intelligence services to citizens' personal data. A solution on manageable transfer of personal data from the EU to the US may be found before the end of 2022, since a new TADP (Trans-Atlantic Data Privacy Framework) is currently being negotiated between EU and US at top politician level. However, the implementation of the TADP may take som time since the EU legislative framework needs adjustments to make the new transfer possibilities operational.
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Lange, Katharina, and Jörg Knieling. "EU Smart City Lighthouse Projects between Top-Down Strategies and Local Legitimation: The Case of Hamburg." Urban Planning 5, no. 1 (March 13, 2020): 107–15. http://dx.doi.org/10.17645/up.v5i1.2531.
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The concept of the smart city has become increasingly popular in recent years and a large number of cities globally follow smart city strategies. By awarding subsidies in the Horizon 2020 programme, the European Union (EU) has taken on an influential role in how smart city projects are conceived and implemented in European municipalities. Using the example of the smart city pilot project mySMARTLife in Hamburg, the purpose of this article is to examine the area of tension between strategically pursuing own objectives and adjustment to external provisions of the EU funding framework. In a qualitative single case study, the article analyses what implications the project mySMARTLife has on urban development practice and local governance arrangements in Hamburg. Examining current literature on smart cities from the perspective of multi-level governance and presenting the current state of research dealing with EU smart city projects, a theoretical framework is developed. The analysis reveals that, due to the EU funding framework, precise project contents are contractually defined at an early stage when local stakeholders have limited involvement in this process. Furthermore, the analysis shows that the EU smart city funding in the project mySMARTLife is more limited to the implementation of individual interventions than to a comprehensive smart city strategy. As a result, this article considers EU-funded smart city initiatives as experimental fields that enable cities to gain experiences that can be incorporated into local strategic development objectives.
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ZORINA, O. A., O. A. YURCHENKO, and O. V. PETRAKOVSKA. "Value Added Tax the Internet Trading: Features of Documentation, Accounting and Reporting." Scientific Bulletin of the National Academy of Statistics, Accounting and Audit, no. 1-2 (June 1, 2022): 21–31. http://dx.doi.org/10.31767/nasoa.1-2-2022.03.
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The scientific article reveals the peculiarities of documenting the value added tax calculations (hereinafter - VAT) in online commerce. The rules for filling in tax invoices and calculating adjustments to them in accordance with changes in the current tax legislation have been clarified.
The issues related to the recognition of VAT liabilities for e-commerce transactions are specified. It is determined that the sale of goods on full prepayment with the use of payment services takes place in three stages: the operation of acceptance by payment service funds from the buyer, which forms a corresponding electronic message of acceptance of funds; non-cash transfer operation by the payment service of funds received from the buyer to the seller's bank account; transfer of goods to the buyer. The basis for accrual of VAT liabilities is the contractual value of goods, while the bank's fee which is withheld by the acquirer automatically when crediting money to the account does not reduce the tax base.
Certain recommendations are offered to improve the method of accounting for the sale of goods on the terms of card prepayment and subsequent payment through the postal carrier for businesses whose main activity is Internet commerce. Analytical sections are considered to reflect in the accounting of VAT liabilities for transactions on the sale of goods through the online store on the card prepayment basis.
The method of compiling a VAT tax return in terms of identifying transactions for sale of goods in the context of online commerce needs to be improved. Based on this, the structure and rules of filling in the current VAT tax return were considered and recommendations for improving reporting indicators were proposed.
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Phang, Sock-Yong. "The convergence of water, electricity and gas industries: Implications for PPP design and regulation." Competition and Regulation in Network Industries 21, no. 4 (November 6, 2020): 380–95. http://dx.doi.org/10.1177/1783591720970340.
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In several countries that have privatised their utilities, power and water are separate industries regulated by sector-specific regulators. In a parallel development, desalination has become an important source of water supply in countries where there is a shortage of cheap and clean freshwater. Where the energy source is gas, the use of gas-fired power plants to supply electricity for desalination links the water, electricity and gas industries. We use the case of the financial collapse of an integrated water and power project to illustrate the problems that can arise from such convergence, and to draw lessons for firms, Public-Private Partnerships (PPPs) and regulators. A water company had successfully tendered to build a desalination plant for a water agency that would deliver an agreed volume of water per day for a 25-year period. The technology proposed was an integrated on-site power plant to supply electricity to the desalination plant as well as to the electricity grid. The business model was for profits from electricity sales to cross-subsidise water desalination costs. However, a combination of take-or-pay LNG contracts and low spot prices in a competitive electricity market led to deep operating losses. The reasons for the collapse of the business were neither technological nor operational but arose from failure to adequately manage the market risks arising from infrastructure convergence, competition, long-term rigid contractual arrangements and missing markets. The case highlights the importance of risk assessment at bidding stage and, in particular, the risks that a cross-subsidy can create. Viewed in this context, our recommendations are for regulatory convergence for converging infrastructure sectors, multi-sector risk assessments for PPP contracts, crafting flexible PPP contracts in anticipation of future adjustments, development of more liquid hedging markets and promoting competition where feasible in infrastructure sectors.
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Daga Cielo, Ivanete, and Marcia Carla Pereira Ribeiro. "CONTRATOS COMO MECANISMO DE GOVERNANÇA NA PRODUÇÃO DE BIOGÁS NA REGIÃO OESTE DO PARANÁ- BRASIL/CONTRACTS AS A GOVERNANCE MECHANISM IN BIOGAS PRODUCTION IN THE WESTERN REGION OF PARANÁ- BRAZIL." Informe GEPEC 26, no. 3 (November 21, 2022): 64–80. http://dx.doi.org/10.48075/igepec.v26i3.29807.
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O objetivo central do presente artigo é analisar os modelos contratuais existente para a geração de bioenergia através de dejetos da suinocultura na Região Oeste Paranaense. Como arcabouço teórico, utilizou-se o nível microanalítico da Nova Economia Institucional (NEI), abrangendo estrutura de governança e o papel dos contratos na coordenação dessa estrutura. Os dados empíricos, analisados de forma qualitativa, foram obtidos por meio da análise dos contratos e entrevistas realizadas com os gestores das usinas e produtores de suínos. Os principais achados apontam para ajustes nos modelos de negócios, passando de acordos informais para estruturas de governanças organizadas a partir de contratos formais, visando a mitigação de incerteza nas relações entre os agentes. Apontam também que setor possui alto potencial de desenvolvimento, mas que ainda carece da estruturação um ambiente institucional, capaz de mitigar as inseguranças jurídicas e incertezas existentes. Abstract: The main objective of this article is to analyze the existing contractual models for the generation of bioenergy through swine waste in the Western Region of Paraná. As a theoretical framework, the microanalytical level of the New Institutional Economics (NEI) was used, covering governance structure and the role of contracts in coordinating this structure. The empirical data, analyzed in a qualitative way, were obtained through the analysis of contracts and interviews carried out with the managers of the plants and swine producers. The main findings point to adjustments in business models, moving from informal agreements to governance structures organized from formal contracts, aiming at mitigating uncertainty in the relationships between agents. They also point out that the sector has high development potential, but that it still lacks the structuring of an institutional environment, capable of mitigating the existing legal insecurities and uncertainties.