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Journal articles on the topic 'Mutual obligation'

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Published: 4 June 2021

Last updated: 31 January 2023

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1

GOODIN, ROBERT E. "Structures of Mutual Obligation." Journal of Social Policy 31, no. 4 (October 2002): 579–96. http://dx.doi.org/10.1017/s004727940200675x.

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‘Mutual obligation’ is a deft political slogan. Morally, it evokes deep-seated intuitions about ‘fair reciprocity’ and the ‘duty of fair play’. It seems an easy slide from those intuitions to ‘mutual obligation’ policies demanding work-for-the-dole. That slide is illegitimate, however. There are many different ways to structure mutual obligation. Workfare policies, such as the Howard government's ‘Mutual Obligation Initiative’ in Australia, pick out only one among many alternative regimes that would answer equally well to our root intuitions about ‘fair reciprocity’. Other ways of structuring mutual obligations within social welfare policy are both more standard and more desirable.

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2

Fischer, John Martin, and Philip Soper. "Obligation and Mutual Respect." Yale Law Journal 95, no. 2 (December 1985): 437. http://dx.doi.org/10.2307/796358.

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3

Kowal, Emma. "Mutual obligation and Indigenous health: thinking through incentives and obligations." Medical Journal of Australia 184, no. 6 (March 2006): 292–93. http://dx.doi.org/10.5694/j.1326-5377.2006.tb00241.x.

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4

Burry, John N. "Mutual obligation and Indigenous health: thinking through incentives and obligations." Medical Journal of Australia 185, no. 3 (August 2006): 181–82. http://dx.doi.org/10.5694/j.1326-5377.2006.tb00519.x.

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5

Moss, Jeremy. "The Concept of Mutual Obligation." Professional Ethics, A Multidisciplinary Journal 8, no. 2 (2000): 5–22. http://dx.doi.org/10.5840/profethics20008213.

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6

Hong, Yooseon. "Interpretation of the Mutual Restraint Relationship of Six Relatives an Ideological Approach: Focusing on the Relationship between Husband and Wife, Father and Son, Mother-in-law and Daughter-in-law." Asia Cultural Creativity Institute 2, no. 2 (December 31, 2022): 75–89. http://dx.doi.org/10.54385/cbt.2022.2.2.75.

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The six relatives of Myeongrihak belong to each of the ten provinces, and they form a win-win and mutual restraint relationship. In Myeongrihak, a saju is interpreted based on the ten-star logic of the six relatives. However, it is not easy to interpret the reason for the formation of a mutual restraint relationship between relatives. For this reason, consequential interpretations are rampant. Against this background, this study attempts to reinterpret the reason why husband and wife, father and son, mother-in-law and daughter-in-law mutual restraint relationship as an ideological approach. Through this, the purpose of this study is to present consistent interpretation standards and to lay the foundation necessary for resetting the ten stars of each relative in social change. As a research method, the mutual restraint relationship between relatives was interpreted based on the ‘duty’ that social ideology requires of individuals. The results of the study are as follows. The wife was set up as a property between couples because, under patriarchal ideology, obligations such as giving birth to a son after marriage and raising parents-in-law were given. Therefore, a husband who controls a wife based on patriarchal ideology can be interpreted as a management entity. And the presence of a son between a father and a son imposes an obligation to raise the father as the head of the family. In a patriarchal society, if it is not implemented, the head of the household loses authority. Therefore, the son who imposes an obligation to raise the father is a manager, and the father is wealthy. In the relationship of a mother-in-law, the mother-in-law imposes obligations on her daughter-in-law through her son. Without a medium (son), the daughter-in-law’s obligation to foster is extinguished. Therefore, the mother-in-law is wealthy and the daughter-in-law is a manager. The results of this study are meaningful in establishing a consistent standard (obligation according to ideology) for the interpretation of the mutual restraint relationship.

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7

Biden, Joseph R. "Congress and the Courts: Our Mutual Obligation." Stanford Law Review 46, no. 6 (July 1994): 1285. http://dx.doi.org/10.2307/1229159.

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8

Moss, Jeremy. "THE ETHICS AND POLITICS OF MUTUAL OBLIGATION." Australian Journal of Social Issues 36, no. 1 (February 2001): 1–14. http://dx.doi.org/10.1002/j.1839-4655.2001.tb01310.x.

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9

Olejniczak, Adam. "Law of obligations in Poland: Selected issues." Pravovedenie 65, no. 1 (2021): 62–75. http://dx.doi.org/10.21638/spbu25.2021.104.

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The article provides a brief overview of the Polish law of obligations. In particular, the main sources of obligations are briefly presented, i. e., contracts, torts and unjust enrichment. Special attention is paid to mutual obligations, joint and several obligations, pecuniary obligations and obligations deriving from consumer contracts. The article discusses the legal instrument for concluding a contract such as preliminary contract, and also performance, discharge and remedies for breach of contract. In particular, the consequences of delay in the performance of an obligation and the types of such delay are considered. The author pays special attention to the issues of liability for non-performance of obligations, in particular, compensation for losses from non-performance. The article reveals the content of the pacta sunt servanda principle in Polish law and the existing exceptions to this rule. Such a method for the termination of an obligation is specifically considered, in addition to its performance, as a set-off. The author presents different measures that may discipline the parties to perform the obligation, such as contractual penalties and earnest money deposit. Finally, the article addresses the notion of damage, principles of liability and obligation to compensate. When describing the obligations from unjustified enrichment, special attention is paid to the fact that the loss of enrichment excludes its reclamation from the enriched person if he lost the enrichment without knowing about the obligation’s existence. In regard to tort law, it is emphasized that there are cases of innocent liability for causing harm in Polish law as an exception to the general rule. Only illegal actions or omissions can be qualified as guilty and entail responsibility. Polish law does not recognize the general obligation to refrain from causing harm. The culpability of misconduct is presumed. In some cases, the behavior cannot be recognized as illegal, even if it violates the general prohibition established by law. In particular, this concerns causing harm in the case of necessary defense, extreme necessity, permissible self-help and in a number of other cases.

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10

SAUNDERS, PETER. "Mutual Obligation, Participation and Popularity: Social Security Reform in Australia." Journal of Social Policy 31, no. 1 (January 2002): 21–38. http://dx.doi.org/10.1017/s0047279402006499.

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Mutual obligation – the idea that those who receive assistance in times of need should be required to ‘give something back’ – is the driving force behind the current social security reform agenda in Australia. After more than a decade of intense reform, the Australian Government is considering a reform blueprint based on the recommendations of a Welfare Reform Reference Group. These include proposals to increase mutual obligation requirements on the unemployed and that sole parents and disability support pensioners should be required to demonstrate some form of social or economic participation in return for receiving income support. Results from a national survey of public opinion are used to explore community views on a range of mutual obligation requirements for the unemployed. The analysis indicates that there is support for mutual obligation for the young and long-term unemployed, but not for others, such as the older unemployed, those caring for young children and those with a disability. Most people also see mutual obligation as implying action on the part of government to reduce unemployment and ease the plight of the unemployed.

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11

Grewal, Zareena. "The Obligation Is the Point." Anthropology of the Middle East 16, no. 1 (June 1, 2021): 70–91. http://dx.doi.org/10.3167/ame.2021.160105.

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This article examines how grassroots refugee-activists and ‘solidarians’ in Greece articulate a collectivist political vision and praxis of care through an expanding network of social obligation that upends narrow understandings of refugees’ ‘basic’ rights and moral obligations of care. The refugees draw on a wide range of universalising collectivist frames including Islamic, Anarcho-Marxist and Palestinian-liberationist frames to articulate visions of solidarity and nurture trust and mutual care amongst refugees.

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12

管靜怡, 管靜怡. "與有過失及醫療過失責任." 月旦醫事法報告 72, no. 72 (October 2022): 113–17. http://dx.doi.org/10.53106/241553062022100072008.

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13

Collard, Kim S., Heather A. D’Antoine, Barbara R. Henry, Gavin H. Mooney, Dennis G. Eggington, and Carol A. Martin. "“Mutual” obligation in Indigenous health: can shared responsibility agreements be truly mutual?" Medical Journal of Australia 182, no. 10 (May 16, 2005): 502–4. http://dx.doi.org/10.5694/j.1326-5377.2005.tb00012.x.

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14

Chegovadze, L. A., and T. V. Deryugina. "The Legal Nature of Payment for Unilateral Refusal to Fulfill an Obligation." Actual Problems of Russian Law 16, no. 9 (October 24, 2021): 57–65. http://dx.doi.org/10.17803/1994-1471.2021.130.9.057-065.

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The paper analyzes the possibility of unilateral refusal to fulfill an obligation through the payment of a monetary sum. The multidimensionality of the development of a legal relationship related to the fulfillment of an obligation is investigated in the context of the opportunity to use various legal remedies at each stage of a legal relationship. The paper shows the transformation of the legal statuses of the creditor and the debtor in the process of exercising rights and fulfilling obligations. It is substantiated that, depending on the stage of development of the legal relationship in mutual obligations, the creditor and the debtor alternately change their capabilities to demand performance and fulfill obligations. Failure to fulfill an obligation at any stage leads to the possibility of making claims for the protection of the right. It is indicated that the agreement in the contract of the obligation of the debtor to pay the creditor a certain amount of money in the event of refusal to perform the obligation does not change the legal nature of the obligation and does not make it monetary. It is proved that the refusal to fulfill the obligation becomes legally possible only after the fulfillment of the obligation to pay the counterparty a sum of money. The author establishes the legal nature of such a replacement in comparison with the novation of debt into a debt obligation. It is proved that a different interpretation of the law violates the balance of interests between the debtor and the creditor.

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15

Moss, Jeremy. "‘Mutual Obligation’ and ‘New Deal’: Illegitimate and Unjustified?" Ethical Theory and Moral Practice 9, no. 1 (February 2006): 87–104. http://dx.doi.org/10.1007/s10677-006-0595-1.

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16

Holdsworth, Louise. "The impact of mutual obligation for sole parents." Journal of Sociology 53, no. 3 (September 23, 2016): 607–21. http://dx.doi.org/10.1177/1440783316667639.

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Mutual obligation is located within a neoliberal socio-political framework of policies designed to structure an ordered and ‘disciplined society’ emphasising strong work-ethics and self-reliance. This article presents findings of three qualitative studies into welfare-recipient experiences under interventions allied to mutual obligation. The studies were of 14 (2000), 32 (2007) and 15 (2014–15) sole mothers in receipt of Centrelink payments. Participants voiced concerns over interventions targeting individuals predominantly already contributing in essential roles, fear of misdirected coercive punishments, increased stigmatisation, a lower real standard of living and unimproved prospects for suitable employment. The article explores past and present rhetoric and implementations of mutual obligation policies, and their impacts for people receiving welfare benefits. Ongoing critical analysis of such interventionist policies is essential to ensuring that the ostensible goals of addressing poverty and disadvantage are achievable and without excessive unforeseen consequences to society. Are they in the interests of social justice and stability?

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17

McClelland, Alison. "MUTUAL OBLIGATION AND THE WELFARE RESPONSIBILITIES OF GOVERNMENT." Australian Journal of Social Issues 37, no. 3 (August 2002): 209–24. http://dx.doi.org/10.1002/j.1839-4655.2002.tb01118.x.

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18

Yuzhanin, Nikolay V. "Auxiliary law enforcement actions of the creditor in obligations." Current Issues of the State and Law, no. 20 (2021): 792–99. http://dx.doi.org/10.20310/2587-9340-2021-5-20-792-799.

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We analyze some of the creditor’s law enforcement actions in obligations, which in the theory of civil law have become accepted to be called creditor obligations. We dispute the thesis that it is possible to classify as obligations those actions that help in the implementation of creditor’s subjective right and are part of the mechanism for its implementation. We provide an analysis of a number of creditor’s necessary actions, which act auxiliary to the basic action to implement the subjective right in obligation. We propose to abandon the concept of “obligation” in relation to those creditorial en-forcement actions, the failure of which entails sanctions that are not related to liability measures. We establish that in the obligation within the framework of mutual subjective rights and obligations, there are creditor actions that do not contain leading economic significance, but have an auxiliary nature, ensure the fulfillment of the main economic obligations arising in the basic commodity-money relationship. The creditor’s law enforcement actions include not only the acceptance of performance, but also other organizational actions of an actual nature, which, ultimately, are aimed at fulfilling the obligation by both parties. The non-fulfillment of the creditor's law enforcement actions does not entail direct responsibility for their non-fulfillment, only indirect possibilities of influencing the counterparty are established. The indirect means of influencing the creditor include the delay in fulfilling the obligation as a measure of operational impact.

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19

Fleischman, Tomaž, Paolo Dini, and Giuseppe Littera. "Liquidity-Saving through Obligation-Clearing and Mutual Credit: An Effective Monetary Innovation for SMEs in Times of Crisis." Journal of Risk and Financial Management 13, no. 12 (November 27, 2020): 295. http://dx.doi.org/10.3390/jrfm13120295.

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During financial crises, liquidity tends to become scarce, a problem that disproportionately affects small companies. This paper shows that obligation-clearing is a very effective liquidity-saving method for providing relief in the trade credit market and, therefore, on the supply-side or productive part of the economy. The paper also demonstrates that when used in conjunction with a complementary currency system such as mutual credit as a liquidity source the effectiveness of obligation-clearing can be doubled. Real data from the Sardex mutual credit system show a reduction of net internal debt of the obligation network of approximately 25% when obligation-clearing is used by itself and of 50% when it is used together with mutual credit. These instruments are also relevant from the point of view of risk mitigation for lenders, based in part on the information on individual companies that the mutual credit circuit manager can provide to banks (upon the circuit member’s request) and in part on the relief that liquidity-saving provides especially to NPL companies. The paper concludes by outlining recommendations for how even greater savings could be achieved by including the tax authority as another node in the obligation network.

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20

Glenn, Brian J. "Risk, Insurance, and the Changing Nature of Mutual Obligation." Law Social Inquiry 28, no. 1 (January 2003): 295–314. http://dx.doi.org/10.1111/j.1747-4469.2003.tb00996.x.

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21

Glenn, Brian J. "Risk, Insurance and the Changing Nature of Mutual Obligation." Law and Social Inquiry 28, no. 1 (2003): 295–314. http://dx.doi.org/10.1086/377805.

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22

Vernon, Richard. "States of Risk: Should Cosmopolitans Favor Their Compatriots?" Ethics & International Affairs 21, no. 4 (2007): 451–69. http://dx.doi.org/10.1111/j.1747-7093.2007.00118.x.

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Recent cosmopolitan thinking attempts to find a place for local (including national) attachment, but all of the proposals offered have been exposed to telling critique. There are objections to the claim that local obligations are only instances of cosmopolitan duty, and to the claim that we can give a moral justification to national societies as networks of mutual benefit. This article argues that it is not mutual benefit but mutual risk that grounds compatriot preference. While exposure to coercion as such does not track national boundaries, exposure to the risks of state abuse, political choice, and social conformity provide us with a reason to take our compatriots' interests seriously. The same argument, however, displays the limits of this reasoning, and also grounds a demanding obligation to aid other societies.

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23

Tofuaipangai, Siosiua, and Peter Camilleri. "Social policy, social work and fatongia: Implications of the Tongan concept of obligation." Aotearoa New Zealand Social Work 28, no. 1 (July 8, 2016): 60–67. http://dx.doi.org/10.11157/anzswj-vol28iss1id120.

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The dominance of Western social work discourse is slowly being challenged as voices from indigenous cultures are expressed. This paper examines the Moanan-Tongan concept of fatongia and considers how it might contribute to a re-examination of the English language concept of obligation in order to develop a more socially progressive perspective on social policy and social work. In countries with a neoliberal welfare state the concept of obligation has become a vexed issue between citizenry and the state. The neoliberal requirement to demonstrate certain behaviours in order to gain access to benefits has challenged the consensus of social rights that imbued traditional notions of state welfare. We argue that rights and obligations have became separated as the Western welfare state discourse has shifted from a rights agenda to an agenda of obligation. Fatongia is about obligation that is entered into freely: it involves the giving of a gift that is enjoyed and reinforces mutual obligations. It is reciprocal and symmetrical and leads to stronger sense of community. By comparison, obligation in Western discourse is asymmetrical, coercive, compulsory and oppressive. For social work practice, the concept of fatongia offers a new direction in which rights are broadened into duties, and responsibilities into gifts. The duality of obligation and rights under fatongia implies a web of relationships between people, families and communities. This offers social work practitioners a constructive and progressive narrative for relationship-based work with clients/service users, and a celebration of rights through doing duty.

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24

Butsan, Marharyta. "Performance of obligations in modern civil law." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 414–17. http://dx.doi.org/10.36695/2219-5521.1.2020.82.

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The article considers the notion of performance. Treaty obligations were the most common in the civil turnover. Their performance depends to a large extent the stability of the economy and society as a whole. Of particular importance are norms of civil legislation implementing the Treaty obligation. They are used daily in practical activities of legal entities and citizens. The performance of an obligation – it is always a process that takes some period of time and consists of a series of actions of the debtor and the creditor. Debtor proposes the execution, the creditor accepts it. The article studies scientific approaches with respect to conditions of contractual obligations. practice shows that most contracts are careless, do not contain the necessary conditions to realization of the interests of the parties, do not include measures to ensure contractual obligations. During the execution of such contracts often have complications, different interpretations by the parties to the same conditions, and as a result, there has been a massive failure by the parties of their responsibilities, resulting in numerous conflicts. The most important task of modern legal science and practice – the creation of legal mechanisms, allowing most effectively to ensure the proper performance of contractual obligations and to compensate the injured party for the loss caused by their failure or improper performance. Mechanism of performance of the obligation is the mutual interest of the parties. In determining the obligations a list of specific actions that the debtor is obliged to make in favor of the lender, is limited to the indication of the transfer of property, performance of work and payment of money. Undoubtedly, the parties rely on bilateral compliance with the obligations under the contract, but obviously there are cases when under any circumstances one of the parties does not fulfill its obligations. Performance of the obligation should also be understood as certain acts by the debtor (or refraining from doing,) that is the obligation of the debtor. In this regard, it should be noted that the lender has the right to demand fulfillment of the obligation, but the debtor is involved in such actions. Moreover, under proper performance to understand the performance of an obligation by an appropriate person at the appropriate time a particular person under equal circumstances. The real is the performance of specific obligations, which is reflected in the implementation of certain actions.

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25

Darr, Asaf. "The Mutual Weaving of Obligation Networks in Mass Industrial Markets." Current Sociology 55, no. 1 (January 2007): 41–58. http://dx.doi.org/10.1177/0011392107070133.

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26

Doyle, Jennifer. "The 'Third Way' and Mutual Obligation: Rethinking the Welfare State." AQ: Australian Quarterly 75, no. 3 (2003): 23. http://dx.doi.org/10.2307/20638178.

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27

Braithwaite, Valerie, Moira Gatens, and Deborah Mitchell. "IF MUTUAL OBLIGATION IS THE ANSWER, WHAT IS THE QUESTION?" Australian Journal of Social Issues 37, no. 3 (August 2002): 225–45. http://dx.doi.org/10.1002/j.1839-4655.2002.tb01119.x.

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28

Rowse, Tim. "MCCLURE'S ‘MUTUAL OBLIGATION’ AND PEARSON'S ‘RECIPROCITY’ - CAN THEY BE RECONCILED?" Australian Journal of Social Issues 37, no. 3 (August 2002): 263–76. http://dx.doi.org/10.1002/j.1839-4655.2002.tb01121.x.

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29

Schooneveldt, Simon. "Do Mutual Obligation Breach Penalties Coerce Compliance with Government Expectations?" Australian Journal of Social Issues 39, no. 2 (May 2004): 155–67. http://dx.doi.org/10.1002/j.1839-4655.2004.tb01169.x.

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30

McCausland, Ruth, and Marc Levy. "Indigenous Policy and Mutual Obligation: Shared or Shifting Responsibility Agreements?" Australian Journal of Social Issues 41, no. 3 (March 2006): 277–94. http://dx.doi.org/10.1002/j.1839-4655.2006.tb00016.x.

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31

Lafont, Cristina. "The Priority of Public Reasons and Religious Forms of Life in Constitutional Democracies." European Journal for Philosophy of Religion 11, no. 4 (December 20, 2019): 45. http://dx.doi.org/10.24204/ejpr.v11i4.3036.

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In this essay I address the difficult question of how citizens with conflicting religious and secular views can fulfill the democratic obligation of justifying the imposition of coercive policies to others with reasons that they can also accept. After discussing the difficulties of proposals that either exclude religious beliefs from public deliberation or include them without any restrictions, I argue instead for a policy of mutual accountability that imposes the same deliberative rights and obligations on all democratic citizens. The main advantage of this proposal is that it recognizes the right of all democratic citizens to adopt their own cognitive stance (whether religious or secular) in political deliberation in the public sphere without giving up on the democratic obligation to provide reasons acceptable to everyone to justify coercive policies with which all citizens must comply.

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32

Pesudovs, Andris. "The civil procedure principles as the essential basis for undisputed enforcement of obligations." SHS Web of Conferences 51 (2018): 01011. http://dx.doi.org/10.1051/shsconf/20185101011.

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Not always are a legal transaction and the legal consequences thereof limited to complete and voluntary fulfilment of the mutual obligations of the parties. In cases when a commitment has not been fulfilled, there is an option for a creditor to request for judicial protection in order to prove substantiality of his claim and to receive confirmation to his right to recover the debt in a form of court judgment. However, in the civil legal relationship such impairment of a right is possible which exists outside the dispute regarding the right. A debtor fails fulfilling his obligation and not denies doing it. In such circumstances, notwithstanding recognition of the debt, in order to achieve compulsory execution of the obligation, a document to be enforced is also needed. Provided the type of transaction allows establishing of such type of legal consequences, simplified procedural arrangements may be applied, and restricted principle of contest may result in the possibilities of procedural economy being exercised. Admissibility of such procedural possibility also inevitably activates the discussion regarding what the preconditions of the simplified procedure are and how the simplified procedure of establishing the debtor's obligation can be consistent with protection of his rights. The article focuses on the procedural legal principles, which are involved in the alternative to claim proceedings action of the expedited proceedings and the mutual coherency thereof. Attention is also paid to the form of the transaction and significance thereof in the simplified proceedings.

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33

Krasyukov, A. V. "Tax obligation fulfillment." Law Enforcement Review 5, no. 4 (January 6, 2022): 135–47. http://dx.doi.org/10.52468/2542-1514.2021.5(4).135-147.

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The subject. The article is devoted to the study of the mechanism of tax obligation fulfillment. The author established that there are several points of view in understanding the legal essence of the fulfillment of an obligation in Russia and abroad: 1) contractual theories (the general contractual theory, the theory of a real contract, the limited contractual theory); 2) the theory of target impact; 3) the theory of real impact.The purpose of the article is to determine the legal essence of tax obligation fulfillment, to study the concept of the tax obligation fulfillment, the mechanism for exercising subjective rights and obligations, and the criteria for the proper fulfillment of a tax obligation.The methodology. The author uses general and specific scientific methods of scientific research: observation, systemic-structural, dialectical, analysis, comparative jurisprudence and others.The main results, scope of application. There are two sides of the tax obligation fulfillment: legal and factual. From an actual point of view, the tax obligation fulfillment is a set of operations by its parties with the object of the obligation. As a result, the object of the obligation must pass from one owner to another. From a legal point of view, the tax obligation fulfillment always represents the realization of its content through the exercise of rights and the fulfillment of obligations.The author believes that the tax obligation fulfillment should not be equated with the fulfillment of the obligation to pay tax, since not every obligation is executed through the payment of tax. In this regard, a situation may arise when the obligation is properly fulfilled by the debtor, and the creditor does not receive the property grant (for example, if a loss is received at the end of the tax period).The mechanism of the implementation of subjective tax rights and the fulfillment of obligations is a certain system of legal means and algorithms of behavior that allow to determine the appropriate size of the claim of a public law entity on the taxpayer's property and ensuring the transfer of the monetary is equivalent to this economic benefit to the budget system. This mechanism is a set of algorithms for the behavior of subjects of tax liability, defined by law, using specific legal means. As such means, depending on the party of the tax obligation, the law provides, for example, a tax return, a requirement to pay tax, etc. The mechanism of exercising subjective rights and fulfilling obligations includes the following stages: 1) pre-implementation; 2) procedural implementation; 3) actual implementation; 4) protection of the violated right.The author identifies five criteria for the proper fulfillment of a tax obligation: 1) the proper subjects of execution; 2) the proper place; 3) the proper time; 4) the proper object; 5) the proper way.Conclusions. The legal essence of the tax obligation fulfillment can be characterized as a transaction between its parties, aimed to mutual termination and the emergence of the rights of its parties. In order to protect the rights of bona fide taxpayers the author proposes to enshrine in tax legislation a ban on contradictory behavior in the process of fulfilling a tax obligation.

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34

Guyvan, P. "The duration of the contract as a period of civil liability." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 164–69. http://dx.doi.org/10.24144/2307-3322.2022.70.23.

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This scientific article is devoted to the study of the current issue of the duration of the civil obligation and its relationship with the term of the contract. According to the current legislation of Ukraine, the subjective rights and obligations of the parties to contractual obligations are valid until terminated. Every obligation has its duration, and the term is its key characteristic and is included in the content of the obligation. This applies to both regulatory relations (intact) and security (those that arise and develop autonomously after the offense). The author argues that the duration of regulatory relations is determined by the parties to the contract, and it is during the contract that the creditor’s right and the debtor’s obligation must be exercised. After the expiration of a certain period (and the term is an essential prerequisite for the contractual obligation), the regulatory relationship is terminated. However, it is emphasized that the current legislation does not define the expiration of the term as a ground for termination of the obligation. This is its significant disadvantage. Specific proposals for the legal regulation of this issue are provided. The article analyzes the real relationship between the counterparties regarding the early termination of the contract. It may be terminated not only as a result of unilateral actions of the party, but also with the consent of the counterparties and as a result of other phenomena. The author proves that the contract ends with the termination of obligations contained in the contract. In other words, it is terminated due to exhaustion of conditions. An unfulfilled contract may also be terminated early. This is possible by mutual consent of the participants, or by the will of one counterparty, if provided by the agreement or established by law. The article examines in detail the grounds and mechanisms of these actions, special attention is paid to the termination of the contract as a sanction for improper compliance with its terms. Certain criteria for distinguishing the termination of the contract from the waiver have been critically assessed, primarily on the grounds of restitution consequences. Aspects that arise as a result of early termination of the contract are also considered: after the expiration of regulatory obligations may give rise to others - security. These obligations are related to the return of the performed (for example, the return of the leased thing), compensation for damages, performance in kind of counter-obligation, etc.

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35

Golecki, Mariusz Jerzy. "Causa as an element of the structure of a binding contract in the Spanish law." Nieruchomości@ III, no. III (September 30, 2022): 37–59. http://dx.doi.org/10.5604/01.3001.0015.9846.

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The Spanish Civil Code does not define the concept of a binding contract, although it contains the list of legal conditions on which its formation depends. As a rule, the conclusion of the contract depends upon the agreement of the parties, resulting in a binding obligation. However, this theory does not explain whether the relationship is causal or purposeful and, therefore, whether the contract is the basis for the obligation or vice versa. The problem is mainly the definition of the relationship between the binding contract and the obligation in a situation where, on the one hand, the causa is a necessary element for the validity of the contract (Article 1261 of the Spanish Civil Code) and, on the other hand, it is identified with the cause of the obligation (causa de obligación, under Article 1261(3) and Article 1274 of the Spanish Civil Code). The concept of causa is understood in a variety of ways in the Spanish law. As defined in Article 1274 of the Spanish Civil Code, it is applicable, in the case of mutual contracts, to the obligation of the other party in contract of a benefit-generating nature, to the service provided by one party in case of remunerating contracts, and to the donor's intention in case of donations. The paper contains an analysis of various types of causa and the relationship between the binding contract and the obligation understood as crucial for the scope and the essence of contractual obligations.

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Haryaningsih, Sri, and Antonia Sasap Abao. "Strategi Pembentukan Sikap Wajib Pajak Dalam Mewujudkan Program Electronic Filing (E-Filing) Di Kota Pontianak Dengan Pemahaman Menuju Era Ekonomi Digital." Reformasi Administrasi 7, no. 2 (September 30, 2020): 145–49. http://dx.doi.org/10.31334/reformasi.v7i2.1065.

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This study aims to determine what factors shape taxpayer attitudes in realizing the Electronic Filing (E-Filing) program. The characteristics of taxpayers that are reflected by cultural, social and economic conditions will dominate the behavior of taxpayers which is reflected in their level of awareness in paying taxes. The Compliance Attitude in implementing the Electronic Filing (E-Filing) program is certainly not formed by itself, but is formed by a process, in forming compliance, it must be preceded by the awareness of the taxpayer. There are several factors that influence people's attitudes in paying taxes are still low, namely: a. cultural and historical causes; b. lack of information from the government to the people c. Individual atmosphere (unable to operate the internet, lazy, no direct reward. Tax awareness is the willingness to fulfill its obligations, including being willing to contribute funds to the implementation of government functions by paying tax obligations. This obligation is carried out without any element of coercion from any party. those who have high awareness will carry out their tax obligations in accordance with the applicable tax regulations. That way the Self Assessment System can be implemented properly. In other words, the higher the level of taxpayer awareness, the higher the level of taxpayer compliance in paying. in the optimization of taxpayers to switch to using e-filing by enhancing the image of Good Governance which can lead to mutual trust between the government and the taxpayer community, so that tax payment activities will become a necessity and a willingness, not a obligation. Thus a pattern of relations between the state and society is created in fulfilling rights and obligations that are based on mutual trust. For the sake of realizing the Digital Economy in Indonesia

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Zhang, Yuchao, Ting Ren, and Xuanye Li. "Psychological contract and employee attitudes." Chinese Management Studies 13, no. 1 (April 1, 2019): 26–50. http://dx.doi.org/10.1108/cms-06-2017-0171.

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Purpose This paper aims to investigate the Chinese employment relationship under the framework of psychological contracts. The authors explored the effects of firm ownership (in terms of state-owned and private enterprises) and employment type (in terms of permanent and temporary employees) on employee perceptions of psychological contract. In addition, the associations between fulfilled psychological contract and various dimensions of employee attitudes were examined. Design/methodology/approach The authors adopted a questionnaire as the primary instrument to investigate the impact of firm ownership and employment type on psychological contract perceptions and outcomes. The analysis was based on a Chinese sample of a size of 363 employees. Findings The results indicate that state-owned employees overall reported fewer promises (employer under-obligation promised psychological contract), while private employees tended to have more promises (mutual high obligation, employer over-obligation and quasi-spot obligation promise-based psychological contract). Permanent employees reported high fulfillment (employer over-obligation, mutual high obligation and employer under-obligation fulfilled psychological contract). In contrast, temporary employees presented many promises (mutual high obligation promised psychological contract) and low fulfillment (quasi-spot fulfilled psychological contract). In general, firm ownership had weak effects on permanent and temporary employees’ perceptions of promise-based psychological contract, but no significant influence on fulfillment-based psychological contract. Moreover, psychological contract fulfillment was positively related to employees’ fairness perception and job satisfaction, while negatively related to the intention to quit. The authors failed to find comprehensive statistical support for the moderating effects of firm ownership or employment type. Originality/value The study contributes to the literature through a number of ways. First, instead of psychological contract breach, the authors use psychological contract fulfillment as a direct measure to examine the relationship between psychological contract and employees’ attitudes. Second, they investigate the effects of firm ownership on employment relationship under the psychological contract framework, enriching the institutional lens of the issue. Third, while majority of psychological contract studies concerning employment type concentrate on either permanent or temporary employees, the authors take both types into account. Fourth, they integrate perspectives of firm ownership and employment type. Finally, the authors perform the study in the Chinese context, which offers extra evidence to the body of psychological contract literature.

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Jaemoon Kwon. "The Mutual Obligation between Parents and Children: Coopertation, Respect, and Consideration." Journal of hongik law review 13, no. 1 (February 2012): 371–97. http://dx.doi.org/10.16960/jhlr.13.1.201202.371.

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Edwards, Jan. "Students researching their Subjectivities as Constructed by Australian 'Mutual Obligation' Policies." Critical Studies in Education 44, no. 1 (May 1, 2003): 23–44. http://dx.doi.org/10.1080/17508487.2003.9525875.

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Edwards, Jan. "Students researching their subjectivities as constructed by Australian ‘mutual obligation’ policies." Melbourne Studies in Education 44, no. 1 (May 2003): 23–44. http://dx.doi.org/10.1080/17508487.2003.9558590.

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Curran, Giorel. "Sustaining employment: mutual obligation, the environment and Work for the Dole." International Journal of Environment, Workplace and Employment 1, no. 3/4 (2005): 243. http://dx.doi.org/10.1504/ijewe.2005.007485.

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Naert, Frederik. "The European Union, Fisheries and ‘Due Regard’ in the EEZ: Some Reflections." International Journal of Marine and Coastal Law 34, no. 1 (February 18, 2019): 89–96. http://dx.doi.org/10.1163/15718085-23341043.

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Abstract This contribution addresses some particular aspects of fisheries and some specificities of the European Union (EU) in this field. The first section explains how institutional settings in the framework of which all states concerned can discuss mutual rights and obligations, including the ‘due regard’ obligation in the exclusive economic zone (EEZ), have been established in the field of fisheries. The second section presents two examples of situations in which the ‘due regard’ obligation has given rise to discussion: the negotiations on an Agreement to Prevent Unregulated High Seas Fisheries in the Central Arctic Ocean and discussions on Marine Protected Areas and other similar areas. In the third section, a few issues that are particular to the EU are identified, including the competences transferred to the EU and their external exercise by the EU and the impact of EU law on relations between Member States in their respective EEZs.

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Babaeva, Parvana Bayram. "General nature of legal regulation of constitutional legal relations." SCIENTIFIC WORK 62, no. 01 (February 8, 2021): 147–50. http://dx.doi.org/10.36719/2663-4619/62/147-150.

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Summary Constitutional legal norms are general rules of compulsory behavior established or sanctioned by the state for the purpose of protection and regulation of certain public relations. There are implemented through specific rights and obligations and provided by the coercive force of the state. Constitutional legal norms are general rules of coercive behavior established by the state for the purpose of protecting and regulating certain social relations. These are legal norms implemented through certain rights and obligations and provided by the coercive force of the state. The content of constitutional legal relations reflects the mutual rights and obligations of the parties. These rights and responsibilities are closely related. Traditionally, the obligation of one party is considered to correspond to some right of the other party. Key words: constitution, legal relationship, general character, regulation, normative

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Jiménez, Luis Arroyo. "Mutual Recognition in the Spanish Multi-level Administrative State." Review of European Administrative Law 13, no. 3 (October 15, 2020): 159–82. http://dx.doi.org/10.7590/187479820x16007576818889.

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Mutual recognition is a shorthand for the obligation of authorities of jurisdiction A to give effect to legal rules or acts passed by authorities of jurisdiction B. Thus, mutual recognition gives rise to cross-border effects of general or individual decisions. Such an obligation can arise from an agreement reached by those jurisdictions, or from a higher law that imposes it upon them. In this paper, I explore the role of mutual recognition between Spanish autonomous regions. The case of Spain is interesting from a comparative standpoint because regions enjoy important competences in the field of market regulation, the implementation of which can create risks in terms of market integration. These risks have traditionally been managed with the principles of cooperation and market unity. In 2013, the Spanish Parliament decided to go beyond that and passed a law establishing a region of origin rule. This was subsequently declared unconstitutional by the Constitutional Court, by virtue of the principle of regional autonomy under Article 2 of the Spanish Constitution. The story of Spain shows the scope, limits and constitutional problems of mutual recognition in a multilevel administrative State.

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Milanovic, Marko. "The Murder of Jamal Khashoggi: Immunities, Inviolability and the Human Right to Life." Human Rights Law Review 20, no. 1 (March 2020): 1–49. http://dx.doi.org/10.1093/hrlr/ngaa007.

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Abstract On 2 October 2018, Jamal Khashoggi, a dissident Saudi journalist residing in the United States of America, where he was a columnist for the Washington Post newspaper, was murdered in the Saudi consulate in Istanbul. This article analyses Khashoggi’s killing from the standpoint of the human right to life. It examines not only the obligation of Saudi Arabia to respect Khashoggi’s right to life, but also the obligations of Turkey and the United States to protect Khashoggi’s right to life from third parties, and to ensure respect through an effective investigation of his killing and mutual cooperation for the purpose of that investigation. It also looks at the extraterritorial scope of these various obligations. Finally, the article examines possible norm conflicts between state obligations under human rights law and their obligations under diplomatic and consular law, such as the inviolability of diplomatic and consular premises, agents and means of transportation.

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O’Halloran, David, Louise Farnworth, and Nikos Thomacos. "Australian employment services: Help or hindrance in the achievement of mutual obligation?" Australian Journal of Social Issues 55, no. 4 (November 6, 2019): 492–508. http://dx.doi.org/10.1002/ajs4.82.

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Sufriadi, Sufriadi, Neneng Patri Yuni, Jamaluddin Jamaluddin, and Maya Kasmita. "The Effectiveness of Communication Ethics in Achieving Learning Objectives at State Vocational High School 4 Makassar." Jurnal Office 5, no. 1 (July 30, 2019): 63. http://dx.doi.org/10.26858/jo.v4i2.9804.

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This study aims to determine the effectiveness of communication ethics in achieving learning goals at SMK Negeri 4 Makassar. This research is descriptive qualitative with a description of the focus on honesty, mutual understanding, obligation to care (well-being), confidentiality, and consequences. The number of informants in this study were five people consisting of principals, deputy principals, subject teachers, and two female students at Makassar State Vocational High School 4. The sample technique used was purposive sampling by sampling data sources based on certain considerations. Data collection was carried out by observation, interview, and documentation techniques. The results of the study showed that the ethics of communication in achieving learning objectives at SMK Negeri 4 Makassar were effective. This can be seen from the five aspects of behavioral guidance in building communication ethics, namely honesty, mutual understanding, obligation to care (well-being), confidentiality and consequences.

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Rollo, Toby. "Imperious Temptations: Democratic Legitimacy and Indigenous Consent in Canada." Canadian Journal of Political Science 52, no. 1 (August 22, 2018): 1–19. http://dx.doi.org/10.1017/s0008423918000343.

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AbstractCanadian courts and governments increasingly invoke principles of mutual consent and nation-to-nation negotiation as central to the goal of addressing colonial injustices in a democratic society. However, Canada continues to interpret its obligations according to the Crown's fiduciary obligation to merely consult and accommodate Aboriginal peoples on infringement of their rights. In this article, I argue that there are conceptual resources available within existing Canadian law and politics for reconstructing a democratic consensual resolution to the problem of Indigenous exclusion and dispossession. I demonstrate that meeting the basic threshold of mutual consent would first require Canadian institutions to abjure the imperious temptation to impose parochial standards of free, prior and informed consent. Second, the Crown would refuse to ensnare Indigenous communities in unconscionable bargains, agreements that they would not otherwise view as reasonable, fair or equitable. And finally, Canada would accept rights of jurisdiction over land rooted in vital relations of health and well-being, as well as a corollary right of refusal or veto over decisions deemed by affected parties to be unwanted.

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Harris, Patricia. "From relief to mutual obligation: welfare rationalities and unemployment in 20th-century Australia." Journal of Sociology 37, no. 1 (March 2001): 5–26. http://dx.doi.org/10.1177/144078301128756175.

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Gładziuk, Nina. "Podpisana i przypieczętowana. Apoteoza umowy w purytańskiej teologii federalnej." Civitas. Studia z Filozofii Polityki 12 (January 29, 2010): 175–92. http://dx.doi.org/10.35757/civ.2010.12.08.

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What is the Federal Theology, born in the 17th century in New England? The authoress presents the characteristics of the Puritan Federal Theology, emphasising the significance of the concept of Covenant, which binds a man to God and God to man, in the constituting of a community. The covenants entered into by people are acts of mutual debt raising and of undertaking a mutual obligation to discharge it. It is because a covenant ob-liga-tes that it brings forth a league.

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