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Journal articles on the topic 'Ordre public contractuel'
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1
FAUVARQUE-COSSON, BÉNÉDICTE, and FRANÇOIS ANCEL. "Is Renovating the General Law of Contracts Useful? The French Experience." Право України, no. 2019/03 (2019): 220. http://dx.doi.org/10.33498/louu-2019-03-220.
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The ordonnance of 10 February 2016 for the reform of contract law, of the general regime and of proof of obligations came into force on 1 October 2016. Further changes were made by the legislator in 2018. This reform modifies one of the most important part of the Code civil: the provisions on contracts and obligations The reform aims at giving more accessibility and clarity to French contract law, and it undeniably has already made it more attractive internationally. In this paper, we explain why, in an international world where contracting parties can chose the law applicable to their contract, we believe that a codified law is very important to overcome the void left by the contract and to resolve the difficulties that have arisen during its existence. Besides, it brings legal certainty, accessibility and visibility. We also explain why we think that a modern general law of contracts is a unique opportunity to propose a base of legal provisions considered as “minimal” and to affirm a specific legal policy. If it is clear, that practitioners and judges should not conceive contract law as the expression of a contractual public order (ordre public contractuel), it is sometimes difficult to know to what extent contracting parties can set aside some provisions of the governing law. Finally, we explain how, after having been for nearly two centuries the instruments of a certain legal nationalism, national codifications have become the cement of European private law. Indeed, the French contract law reform, which was built on the diversity of Europe, drew much inspiration from various European and international models. In turn, it has attracted a great deal of interest abroad, was translated into several languages and is extensively commented.
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Vincent-Jones, Peter. "The limits of contractual order in public sector transacting." Legal Studies 14, no. 3 (November 1994): 364–92. http://dx.doi.org/10.1111/j.1748-121x.1994.tb00509.x.
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Contract is playing an increasingly important part in the restructuring of the public sector in Britain in the 1990s. The direct providing role of the state is being reduced through the ‘contracting out’ of ancillary and core services in the NHS, central and local government, whilst the policy aim of increasing the efficiency of public sector management involves contract in the operation of internal markets, the creation of specialist agencies with clearly defined functions and responsibilities, the devolution of financial responsibility to budget-holding business units operating in internal trading relationships, and the exposure of internal workforces to private sector competition through compulsory competitive tendering (CCT). However, the widespread adoption of a common ‘language of contract’ to describe processes occurring in these different contexts disguises a variety of meanings and functions.
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THIND, AMARDEEP. "ANALYSIS OF HEALTH SERVICES USE FOR RESPIRATORY ILLNESS IN INDONESIAN CHILDREN: IMPLICATIONS FOR POLICY." Journal of Biosocial Science 37, no. 2 (March 16, 2004): 129–42. http://dx.doi.org/10.1017/s002193200300645x.
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Respiratory illness continues to be a leading cause of paediatric morbidity and mortality in Indonesia. The Indonesian government is moving towards a more managed care-based approach as it reforms its health care system following the 1997 financial crisis. In order to better design contractual relationships between the payor and different providers, there needs to be a better understanding of the patterns and predictors of health services utilization for respiratory illness. This study uses the Indonesia Demographic and Health Survey to study the determinants of private, public and non-formal provider utilization for respiratory illness. Multinomial logistic regression models for predicting use were constructed using the Andersen Behavioural Model as the conceptual framework. The findings indicate that age, household size, maternal education, religion, the asset index, location and illness severity play a role in determining use of private, public or non-formal providers. The results indicate that from a policy perspective, the Indonesian government needs be inclusive rather than exclusive in the choice of providers that are contracted by the managed care plans, in order to safeguard the health of the under-five population.
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Савельева, Мария Владимировна. "Invalidity of Transaction Disturbing Public Order and Morals: Problematic Issues of Legal Regulation." ЖУРНАЛ ПРАВОВЫХ И ЭКОНОМИЧЕСКИХ ИССЛЕДОВАНИЙ, no. 4 (December 15, 2019): 132–36. http://dx.doi.org/10.26163/gief.2019.16.30.020.
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В настоящее время особого внимания требуют ценностные оценки измерений и обобщений социальных перемен. Взаимосвязь права и морали нагляднее всего представляется в проблемных ситуациях, при этом споры в гражданско-правовой области о нарушении моральных и правовых требований могут относиться не только к деликтным обязательствам, но образовываться из договорных обязательств. Практическая реализация правовых и моральных требований в современном обществе является предметом исследования в настоящей статье. Автором исследуется природа понятия «нравственности» в современных зарубежных правопорядках и России. Анализируется правоприменительная практика при установлении границ морали и нравственности при договорных обязательствах. Конкретизируется значимость данной нормы для гражданско-правового регулирования права при установлении ограничений свободы договора и морали. In the modern context particular attention should be given to the value assessment of measurement and generalization of social changes. The relationship between rights and morality most vividly appears in challenging situations, wherein disputes in civil cases with regard to the breach of morality and rights related requirements might not only deal with delictum obligations but also can stem from contractual obligations. The article focuses on practical realization of legal and moral requirements in the modern society. The author examines the nature of «morality» in modern international and Russian rules of law. Particular attention is given to the analysis of law enforcement practice in the course of determining morality and ethics related boundaries in contractual obligations. The author elaborates on the essence of this legal norm for civil legal regulation of the right while placing limitation on the freedom of contract.
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Martiniello, Laura, Donato Morea, Francesco Paolone, and Riccardo Tiscini. "Energy Performance Contracting and Public-Private Partnership: How to Share Risks and Balance Benefits." Energies 13, no. 14 (July 14, 2020): 3625. http://dx.doi.org/10.3390/en13143625.
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Public private partnerships (PPPs) are a well-known instrument used worldwide by public administration (PA) to build public infrastructure using private knowhow and financial resources, and sharing risks. In recent years, PPPs have been widely adopted to develop energy efficiency projects between public and private sectors. In this context, a successful project requires a contractual arrangement based on energy performance contracting (EPC) that balances the interests of the two parties. This paper aims to answer two questions: how to share the benefits between the contractual parties and reach an optimal long-term contractual agreement; and which type of contract ensures a consistent risk transfer to the private partner, allowing the PA an “off balance” accounting treatment. The research questions are answered through the development of a mathematical equation able to calculate the optimal percentage of benefits sharing between partners in a long-term contractual agreement. The results are tested with a simulation based on a case study about the energy efficiency project of an Italian hospital. The paper is innovative because it provides suggestions to improve the EPC-PPP contractual structure and realize a balanced agreement between the public and private partners. Moreover, it analyzes the different allocation of risks in EPC contracts to identify the implication for the PA in terms of on-off balance accounting treatment in energy efficiency investment. We show how a successful long-term EPC-PPP can benefit from a mixed contractual structure in which profit-sharing percentage changes during the contract’s life to ensure the same net present value (NPV) to both public and private partners. This paper supports public decision making in order to choose contracts that are able to transfer energy and management risks. Moreover, it helps to understand the balance between public and private interests in a long-term EPC-PPP contract.
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Handayani, Mira, Yuslim Yuslim, and Ulfanora Ulfanora. "Legal Standing of Work Order (SPK) by the Existence of Agreement on the Procurement of Public Goods in the Education Office of Padang City." International Journal of Multicultural and Multireligious Understanding 6, no. 5 (October 19, 2019): 327. http://dx.doi.org/10.18415/ijmmu.v6i5.1090.
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Legal relation between user and provider, that occurs during the process of signing the agreement on the procurement of goods and services until the process of terminating the agreement, is called civil law relation which is specified as contractual relation. In the process of user and service user agreement, the government is represented by Budget User or Proxy or Commitment Officer (CO) or Procurement Official as an individual. Regarding this matter, the research problem is on how the legal standing of work order by the existence the public procurement agreement and on how the contractual relation between the Commitment Officer (CO) and the procurement of goods and services for the procurement of public goods at the Education Office of Padang City. This research employs empirical juridical approach. Based on the result of the research, it is found that the legal standing of work order, in addition to part of the contract, is also the decision of state administration in carrying out public authority in the form of procurement of goods and services which is violated through the state finance. In the meantime, the contractual relation of the parties is basically the same as the contract or agreement in general; the contract is binding on the parties such as laws in a lawful relationship and obligations.
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Ahlin, Janez. "Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests." Lex localis - Journal of Local Self-Government 6, no. 2 (September 2, 2009): 245–70. http://dx.doi.org/10.4335/52.
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The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding these contracts, and a special legal position of a public law entity as a holder of this public interest. Despite adoption of the new Public-Private Partnership Act in the legislative regulation of the concession contract that still remains variously regulated in previously adopted special provisions of sectoral laws, there are still some deficiencies and dilemmas that are more or less effectively dealt with in the contractual practice. For the legal positions that are classically civil at first sight, the legislator or court practice have laid down special modified rules of civil law in most developed countries. In the course of time, these rules became part of public law / administrative law. Thus, the French legal order has best developed the rules of the public contractual law and the legal institute of the administrative contract that the Slovenian administrative theoreticians try more and more to introduce also into our legal order.
KEY WORDS: • concession contract • concession partnership • public-private partnership • public interest • party equality principle • law of obligations
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Peng, Xiaoqi, Wenhua Hou, and Lin Wang. "The influence of contractual and relational governance on the sustainable performance of public-private partnership projects: Findings from PLS-SEM." Advances in Economics and Management Research 1, no. 3 (February 8, 2023): 314. http://dx.doi.org/10.56028/aemr.3.1.314.
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As a widely adopted model of infrastructure and public service provision, the goal of PPP projects is gradually shifting from traditional economic orientation to sustainable development orientation. During this process, contractual governance and relational governance are regarded as effective ways to improve the sustainable performance of PPP projects. This paper extends contractual governance (control, coordination, adaptation) and relational governance (trust, communication, reciprocity, and industry practices) to second-order constructs. On this basis, partial least squares structural equation model (PLS-SEM) is adopted to analyze the questionnaire data of 114 PPP project practitioners, aiming to study the influence of contractual and relational governance on the sustainable performance of PPP projects. The results of PLS-SEM verify the support effect of contractual and relational governance on sustainable performance, and the effect of relational governance is more significant. This paper enriches the governance mechanism of PPP projects from the perspective of sustainable development. At the same time, the research results can also help PPP project managers rationally use the governance mechanism of both contract and relationship to promote the project to achieve its sustainable performance.
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Tomić, Jovana. "In-house contracts in the European Union law." Megatrend revija 18, no. 2 (2021): 283–94. http://dx.doi.org/10.5937/megrev2102283t.
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After successful implementation of public procurement procedure, a purchaser concludes public contract with a selected bidder. If, according to the European union law and Republic of Serbia domestic law, the purchaser and the bidder are considered as "affiliated" subjects, they are not obliged to apply public procurement rules and the contract they are concluding in that case is being called in-house. In order to avoid invoking an in-house contractual relation in such a situations where public procurement rules should be applied, it is important to recognize characteristics of such a contractual relation. This work presents criteria for determining in-house contract according to the European union law. The aim of the author is for domestic purchasers and bidders to better understand norms that have been taken from European union law to new Law on Public Procurement of the Republic of Serbia, so that their proper implementation can be expected.
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Rogulenko, T. M., A. V. Bodyako, S. V. Ponomareva, and P. A. Pashkov. "Methodological support of the Estimated Efficiency of Public Procurement on a Contractual basis." Finance: Theory and Practice 27, no. 5 (October 19, 2023): 18–29. http://dx.doi.org/10.26794/2587-5671-2023-27-5-18-29.
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The subject of the study is the problems of institutional and methodological-legal regulation of the contract system of public procurement.The relevance of the problem is due to the fact that there have been changes in the structure and composition of forms of contract activity as a result of the 2017 adoption of amendments to Law No. 44 in the dynamics of the distribution of order placement procedures.The purpose of the study is to develop a scientific methodology for calculating the effectiveness of procurement activities on the basis of a comprehensive assessment of the effectiveness of public procurement on a contractual basis, plan-fact analysis, and the implementation of the principles of compliance control in public procurement management.The paper uses methods of statistical and comparative analysis, generalization, classification and valuation. The paper shows that the present disadvantages of institutional regulation of procurement processes have a negative effect on their effectiveness, requiring improved oversight of public procurements as well as analytical and methodological support. The authors suggested that the principles of compliance-control of public procurement management be applied on a contractual basis in order to increase the level of credibility and legality of activities conducted in procurement. The author’s vision of the content of the methods of calculating the performance of procurement activities on the basis of a comprehensive evaluation of the effectiveness of public procurements on a contract basis is presented. For the collection of data for plan-fact analysis, their systematization for further calculation of performance indicators of public procurement on a contractual basis, a specialized form “Data Summary for Plan-Fact Analysis of Procurement” is proposed. If the procurement proposals presented in the study are implemented, they will increase the efficiency of the Russian public procurement contract system, the responsibility of participants in it, and the professional competence of officials.
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Lukáčka, Peter, and Peter Kubolek. "Contractual terms and conditions in the context of the public procurement principles and legal competence of the Public Procurement Office in Slovakia." Bratislava Law Review 2, no. 2 (December 31, 2018): 119–26. http://dx.doi.org/10.46282/blr.2018.2.2.113.
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This article focuses particularly on identifying the limits of the problematic aspects of the formulation of the contract proposal or contractual terms and conditions as a part of the tender documents in the context of compliance with the principles of non-discrimination, economy and efficiency in public procurement. The authors concentrate on assessing the possibility of carrying out the supervision activities of the Public Procurement Office in reviewing the above mentioned categories of tender documents in order to ensure the fulfillment of the basic principles of public procurement.
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Janssen-Jansen, Leonie B., and Menno van der Veen. "Contracting communities: Conceptualizing Community Benefits Agreements to improve citizen involvement in urban development projects." Environment and Planning A: Economy and Space 49, no. 1 (September 28, 2016): 205–25. http://dx.doi.org/10.1177/0308518x16664730.
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Contractual agreements are becoming increasingly important for city governments seeking to manage urban development. Contractual governance involves direct relations between the local state and different public and private actors and citizens. Although abundant literature exists on public–private partnerships related to urban development projects, agreements made between citizens, interest organizations and market parties, such as Community Benefits Agreements remain under-explored and under-theorized. While it may seem that the state is absent from contemporary forms of contractual governance, such agreements remain highly intertwined with government policies. The central aim of this paper is to better conceptualize Community Benefits Agreement practices in order to build understanding of how contractual governance caters for direct end-user involvement in urban development, and to yield insights into its potential as to render development processes more inclusive. Based on academic literature in planning and law, expert interviews and several case studies in New York City, this paper conceptualizes end-user involvement in urban development projects and innovates within urban planning and governance theory through the use of two new concepts—project collectivity and the image of a fourth chair.
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Chalyі, Yu I. "Regimes of dispositivity in the legal regulation of contractual relations." Bulletin of Kharkiv National University of Internal Affairs 101, no. 2 (Part 2) (July 10, 2023): 72–83. http://dx.doi.org/10.32631/v.2023.2.38.
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It has been concluded that there is a need for further differentiation of the dispositivity regimes in the regulation of contractual relations. The contractual relationship "entrepreneur - entrepreneur" requires the highest possible degree of discretionary provisions of the legislation governing these relations, but the freedom of contract in such relations may be limited based on the need to maintain public order, public morality, restrain monopoly, protect third parties from negative externalities arising from certain types of economic activity.
In the legal regulation of contractual relations between entrepreneurs and consumers, discretion should be applied to a relatively minimal extent. In this regard, the legislator imperatively determines the terms of contracts on which the parties must reach an agreement; regulates sample (exemplary, typical) contracts; imposes pre-contractual obligations on entrepreneurs to fully inform consumers about the properties of products offered for sale; establishes general prohibitions on unfair contractual terms; provides consumers with certain guarantees regarding the conclusion, amendment and termination of contracts, etc.
The regime of regulation of contractual relations involving individuals who are non-entrepreneurs occupies a middle position between the two above legal regimes and provides for: establishment of a relatively smaller number of legal forms of contracts that may be concluded by citizens; determination of conditions mandatory for the conclusion of contracts in the legislation; consolidation of a general prohibition on unfair contractual terms; establishment of a wider list of contracts subject to notarisation; introduction of judicial control over compliance by the parties with the requirements of the law regarding the validity of contracts, etc. Such a differentiated approach allows establishing the most equitable regime for regulating contractual relations.
The boundaries of these legal regimes are difficult to fix in legislation in a certain stable state, and must be constantly adjusted by law enforcement practice.
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Kimoga, Joseph. "State-Public University Contractual Relationship Impact on Student’s Accessibility Rights: The Agency Theory Perspective." East African Journal of Education Studies 4, no. 1 (October 30, 2021): 48–60. http://dx.doi.org/10.37284/eajes.4.1.451.
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The state-public university contractual relationship constrains public universities to be driven by the state expected level of quality output of graduates. The relationship reduces institutional substantive and procedural autonomy in specific key areas like student admission. In order to achieve good results consonant to the state support, universities are directed to ensure strict scrutiny of those they admit. This locks out many qualifying students from accessing studies at state-funded institutions. This study uses the perspective of agency theory to assess the impact of state – public university contractual relationship on student’s accessibility rights. The interpretive phenomenological analysis enabled to appreciate data collected through self-administered questions given to seven participants in four public and regional universities. The analysis bases on parameters of selection and admission. The study recommends capital grant, national ranking of academic units, and policy imperatives for special interest groups as the means by which sub-Saharan higher education institutions can maximise students’ access rights
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Scherr, Kathrin Maria. "Public Liability for Administrative Acts under French Law." European Public Law 14, Issue 2 (June 1, 2008): 213–36. http://dx.doi.org/10.54648/euro2008016.
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This article examines the interplay between the concept of non–contractual liability under administrative law in France and the evolution of Member State liability under European Community law. It does so by exploring the development of the framework of public liability under French law. Starting from the basic principle of separation of courts under the French legal order, the article discusses the complex and yet decisive elements which led to the formation of State liability in France. Against this background, the article then provides a general reflection on how the initial one-sided influence of French law on the Community legal order has in fact been reversed, shifting from a unilateral to a mutually beneficial relationship between the Conseil d’État and the ECJ in recent years. Finally, the article seeks to unravel past and present problems of communication between the two Courts and offers a glimpse of the current and prospective relationship between the ECJ and the Conseil d’État.
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Kostecki, Dawid. "Administrative Law Values – Attempts at Methodological Order." Studia Iuridica Lublinensia 32, no. 5 (December 31, 2023): 239–48. http://dx.doi.org/10.17951/sil.2023.32.5.239-248.
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The appeals to values and the renaissance of axiological thought in the various legal dogmas naturally prompt a methodological order. The article is a voice in the debate on attempts to systematize values in administrative law. On the grounds of positive law, one usually reaches only to justify the thetic validity of norms. In administrative law, which concerns human beings, it is especially common to reach for the axiological basis of the validity of the law – hence the number of value classifications is considerable. The meanders of axiological reflection in administrative law are entering a higher level of complexity. The axiology of administrative law is very complex due to the great diversity of administrative law, and any typologies are contractual in nature. The doctrine is generating new catalogues of values. Each of them is threatened by a form of relativism. The author undertakes an analysis of the proposed classifications, pointing out the advantages and disadvantages of the various solutions. The purpose of the article is to present justifications for the separation and classification of values in administrative law and to confirm the relevance of axiological reflection within the framework of the legal dogma indicated. The main methods used in the text are formal-dogmatic and comparative.
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Qtaishat, Khaldoun Said Saleh. "Jurisdiction in Intellectual Property Disputes." Journal of Law and Sustainable Development 12, no. 1 (January 29, 2024): e2759. http://dx.doi.org/10.55908/sdgs.v12i1.2759.
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Objectives: This study seeks to highlight what international jurisdiction in intellectual property disputes is contractual or non-contractual, in order to identify problems related to the subject, including specific controls, and the extent to which the governing rules relate to public order. The scope of the research is limited to the relevant provisions of the Convention and of the law, indicating the position of the Iraqi and Egyptian legislature and referring to certain French and other laws. There are two types of disputes raised by intellectual property rights. The first is violations such as theft and others. The second is disputes arising from contractual relations and breaches of obligations by one of the parties to the relationship. Method: In this study, we will attempt to follow a scientific methodology based on the analysis and discussion of legal texts, jurisprudence and jurisprudence on the subject of the study in order to obtain a legal opinion and an integrated view of the subject. Result: Determining the jurisdiction of national courts in the settlement of intellectual property disputes is not a problem in the event of a national dispute but in the event that it includes a foreign element, the conflict of jurisdiction is problematic and is resolved through objective or personal controls. In the event that the parties agree to resolve the dispute by arbitration, the jurisdiction might be decided by determining the law applicable to the dispute or might be invoked through contract clauses, citizenship, or other controls. Conclusion: we consider that the development of laws and legislation protecting contractual and non-contractual intellectual property rights is very slow to keep pace with violations.
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Mišković, Maša. "Akti državnih organa kao viša sila u ugovorima o međunarodnoj prodaji nafte i gasa." Pravo i privreda 61, no. 3 (September 23, 2023): 802–20. http://dx.doi.org/10.55836/pip_23306a.
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This paper examines the effect of public authorities’ acts on performance of obligations in contracts for the international sale of oil and gas. The question arises as to whether such acts represent force majeure that the contracting parties can invoke in order to exempt themselves from the performance of contractual obligations and from contractual liability. This question is analysed through arbitral awards and court decisions in disputes that have arisen on this issue since 1970s. The issue has become particularly relevant since April 2022, when the Decree on the transition to payment for natural gas in rubles had been adopted. Particular attention has been drawn to the fact that the first arbitral award has already been issued, in which abovementioned Decree, as an act of a public authority (president of the state), is qualified as force majeure. The answer to the question of whether the acts of public authorities represent force majeure in contracts for the international sale of oil and gas is not unequivocal, as it depends on the circumstances of each specific case.
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Hitoum, Mesaoud. "The Specificity of the Arbitration Agreement in Contracts Concluded by Public Moral Persons in the Field of International Economic Relations [In Arabic]." Milev Journal of Research and Studies 8, no. 2 (December 31, 2022): 286–304. http://dx.doi.org/10.58205/mjrs.v8i2.104.
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Peoples have known the arbitration system since ancient times, and it was initially limited to resolving existing disputes or that could arise in private contractual and non-contractual relations, while arbitration in public contracts did not spread and was not known until after the urgent need dictated it, so this study deals with the specifics of The arbitration agreement concluded by public legal persons, and how the various aspects that usually deal with arbitration appear, and the extent to which that corresponds to administrative contracts. On the other hand, we noticed how the state has the means that enable it to highlight its privileges, especially when the arbitration agreement contradicts the idea of sovereignty, as well as the issue of public order, which is the safety valve for this agreement, in addition to the issue of judicial oversight over the arbitral award and its important role, and the administrative contract has a special system The arbitration agreement seeks to establish a special system and herein lies the contradiction that can be reduced through legislative mechanisms and an agreement with the contracting party.
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Filatova, U. B., and E. O. Ganeva. "Organizational Foundations of Social Entrepreneurship: Features of Contractual Structures." Siberian Law Herald 4, no. 91 (2020): 54–58. http://dx.doi.org/10.26516/2071-8136.2020.4.54.
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The article is devoted to the research of the Institute of social entrepreneurship. The authors identify the features of the organization of contractual relations in relations mediating the provision of social services. Attention is drawn to the fact that the legislation does not have a unified approach to understanding social services, as well as an exhaustive list of services related to social services. Based on the analysis of current legislation on social entrepreneurship, the article identifies problems related to determining the legal nature of the state (municipal) social order. The authors consider various theoretical approaches to defining the concept of state order. In the doctrine, the state order is considered as a managerial administrative act, as a set of administrative and legal acts, as a task or assignment of the state, and even as a public law institution for implementing the Constitution, laws, and functions of the Russian state in the form of an administrative regime of relations between the state and private law subjects. As a key category that links together all other components of the procurement process, the state order has not found conceptual certainty either in legislation or in legal science. It is proved that a social order by its nature is a private legal act, and the placement of such an order should be considered as a unilateral transaction to provide the authorized body with the right to meet the needs of citizens in social services. At the same time, such a transaction is aimed at organizing relations between state authorities, local self-government bodies and service providers. It is concluded that actions for placing a state (municipal) social order aimed at creating preliminary relations for the provision of social services are a one-sided organizing transaction.
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Woosley, John, Aristides Baraya, Jose Noguera, and Michael C. Budden. "Three Semesters in: COVID’s Impact on the Health and Well-being of Students over Three Semesters of the Health Emergency Order Concerning the Pandemic." European Journal of Education and Pedagogy 4, no. 5 (September 20, 2023): 1–6. http://dx.doi.org/10.24018/ejedu.2023.4.5.563.
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Health impacts of COVID-19 are many. COVID-19 manifested itself through a variety of symptoms, resulting in illnesses, debilitations, and too often death. The serious nature of the virus became clear as the number of infections and deaths rose, economies contracted, and governments began issuing public health emergencies with coincident stay-at-home mandates. Pandemic impacts on student health resulting from the move to online education amid a public health emergency are discerned over the course of three semesters.
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Garcia-Duran, Patricia. "Adaptação, pelos Árbitros, dos Contratos de Parceria Público-Privada (PPP)." Revista Brasileira de Arbitragem 5, Issue 17 (February 1, 2008): 28–36. http://dx.doi.org/10.54648/rba2008002.
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ABSTRACT: Several long-term contracts contain hardship or equivalent clauses which foresee that, periodically, or in case that a change in the original economic circumstances causes an imbalance to the contractual obligations, the parties should renegotiate certain essential elements of the agreement, in order to adapt it to the new circumstances. However, the vast majority of these contracts do not establish which are the consequences of a failure of the negotiations between the parties. In light of the public interest involved in the performance of Public-Private Partnership contracts, it is worth considering whether an arbitrator could, upon request of the parties, and in case of failure of the parties' negotiations, adapt the contract to new economic circumstances. Some commentators and case law recognise the power of the arbitrators to adapt the contractual provisions, others simply deny it. However, these opinions and decisions somehow convert, since they all establish that arbitrators can adapt a contract when they are expressly authorised by the interested parties. The possibility of including such an express authorization in a contract must be evaluated in view of the applicable law. In Public-Private Partnership contracts, this requirement is even more relevant.
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Kamal Hasni, Mohamad Izani Ahmad, Zulhabri Ismail, and Norfashiha Hashim. "Contractual Aspects in the Utilisation of Level Two Building Information Modelling (BIM) within Malaysian Public Construction Projects." MATEC Web of Conferences 266 (2019): 05002. http://dx.doi.org/10.1051/matecconf/201926605002.
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Building Information Modelling (BIM) is a technology and process that are transforming way of designing, constructing, operating and using the building or facility. In essence, BIM models is a platform for collaboration as it encourages intensive communication and interdependence among multidisciplinary project members. In Malaysia’s BIM Guide, this collaborative process can be seen in Level 2 BIM Maturity which all designers engaged in projects work together to create a single computer-generated 3D Model. From this process, many benefits that BIM promises such as clash free construction, quality of design and greater certainty could be achieved. Therefore, the Malaysian Government announced the implementation of at least 40% of Level 2 BIM for public projects costing RM100 million and above in 2019. However, despite mutual understanding between construction players, the full integration of BIM in the project lifecycle seems to be a daunting task. In the context of the Malaysian Public Sector, many uncertainties could arise pertaining to legal and contractual matters i.e. whether or not the existing contractual instruments are able to support the collaborative environment and digital information sharing that Level 2 BIM engenders. This paper presents a narrative review of published literature on the concept of Level 2 BIM and contractual consideration based on the utilisation of BIM within Malaysian Public construction projects, which includes books, government publications, conference presentation slides, newspaper articles and paper-based journal articles. This paper concludes that in order to legitimise multidisciplinary collaboration and integration of information in BIM within existing standard forms of contract, the development of a contract protocol and suitable procurement model are necessary.
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Kanamugire, Jean Chrysostome. "Specific performance as a primary remedy in the South African law of contract." Corporate Board role duties and composition 11, no. 2 (2015): 65–72. http://dx.doi.org/10.22495/cbv11i2art5.
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Specific performance is a primary remedy for breach of contract available for the aggrieved party. This order emphasises the performance of contractual obligations. Although the plaintiff can elect to claim specific performance from the defendant, the court has a discretion to grant or decline the order of specific performance. The discretion must be exercised judicially and does not confine on rigid rules. Courts decide each case according to its own facts and circumstances. Plaintiff has a right of election whether to claim specific performance from the defendant or damages for breach of contract. The defendant does not enjoy any choice in this matter. As a general rule, specific performance is not often awarded in the contract of services. However, recent developments have demonstrated that specific performance will usually be granted in employment contracts if there is equality of bargaining power among contracting parties and such order will not produce undue hardship to the defaulting party. Public policy generally favours the utmost freedom of contract and requires that parties should respect or honour their contractual obligations in commercial transactions. Public policy is rooted in the constitution and can sparingly be used to strike down contracts. Specific performance should not continue to be a primary remedy for breach of contract. Contracting parties should be allowed to resile from the contract and use damages as a remedy for breach of contract.
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Belén Lozano, Maria. "Agency problems in the public contracting context." Corporate Ownership and Control 5, no. 3 (2008): 9–14. http://dx.doi.org/10.22495/cocv5i3p1.
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This survey synthesizes the study of public contracts from an agency perspective, detecting possible inefficiencies in the contracting context between government and firms. In this sense, we offer a clear analysis framework in order to improve efficiency in contracting processes. To do this, we have divided this situation into two conflicts of interest. On the one hand, we have the conflict between citizens and the firm with which the services will be contracted (fundamentally when there is a divergence in the price determination) and, on the other hand, the difference in interests between citizens and public officials. This analysis from a managerial perspective allows us to delve more deeply into a topic scarcely treated in the literature: the relationship of firms to the public sector. It also allows us to reflect on the efficient (or inefficient) behavior which firms are subject to in the contracting process
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Mariański, Michał. "The Application of the Public Order Clause on the Financial Market as One of the Elements for Building Sustainable Finance in a Comparative Perspective." Białostockie Studia Prawnicze 29, no. 1 (March 1, 2024): 161–73. http://dx.doi.org/10.15290/bsp.2024.29.01.10.
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Abstract The public order clause is an instrument of private international law that limits the possibility of applying the law of a designated country in cross-border contractual relations. The role of the clause is to protect the specific interests and values of a given legal order, the importance of which is so significant that it justifies refusing to apply foreign law or limiting the scope of its application. From the point of view of the subject of this study, the public order clause could potentially be applied by national supervisory authorities in a situation of a threat to the security and stability of a given financial market. Thus the purpose of this article, in which the author uses the functional approach of the comparative legal method, the historical-descriptive method and the dogmatic method, is to verify the thesis about the possible use of the public order clause as an instrument supporting the process of building sustainable finance, along with its limitations in the form of the French concept of effet atténué and also from a comparative and cross-border perspective.
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Alhamidah, Khalifah. "Administrative Contracts and Arbitration, in Light of the Kuwaiti Law of Judicial Arbitration No. 11 of 1995." Arab Law Quarterly 21, no. 1 (2007): 35–63. http://dx.doi.org/10.1163/026805507x197839.
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AbstractThe state's administration, nowadays, undertakes many tasks due to the movement towards a modern state. This fact results in wide public services that it came to fulfill. Therefore, different legal methods are used in the sake of providing individuals with these services. Aiming at giving private sectors a role in such services, the state's administration relies on contractual relationships with those sectors. Indeed, through this legal method, the public services are provided, and the administration is helped in fulfilling its commitments.Seeking to organise disputes arising from the contractual relationships, the Kuwaiti legislature promulgated the law No. 11 of 1995 establishing the Department of Judicial Arbitration. In Article (2), the law gave the private sectors that entered into a contract in which the stat's administration is a party to resort to judicial arbitration in order to solve their disputes. The Article, also, emphasised that whenever the said sectors chose this method, the administration was obliged to accept the arbitration.This study came to highlight the elements of the said law, discuss the suitability of administrative contracts to be subject to the arbitration and examine the Kuwait courts' trend in relation to this matter.
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DOROZHINSKY, S. V. "FEATURES OF THE STRUCTURE AND SUBJECTIVE COMPOSITION OF CONTRACTUAL RELATIONS WITH THE PARTICIPATION OF JSC «SCIENTIFIC AND PRODUCTION CORPORATION «PRECISION INSTRUMENTATION SYSTEMS»." EKONOMIKA I UPRAVLENIE: PROBLEMY, RESHENIYA 1, no. 6 (2020): 42–46. http://dx.doi.org/10.36871/ek.up.p.r.2020.06.01.007.
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The article discusses the features of procurement in the framework of the state defense order by conducting trade procedures. The analysis shows that the regulatory framework for state defense orders includes both general acts for the entire public procurement system and special acts regulating relations specifically in the field of defense orders. The features of legal regulation in this sphere are determined, first of all, by the defense order specifics, but, primarily, this sphere as a whole is subject to the rules of legal regulation common to the sphere of public procurement.
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Igonina, Elena. "Audit in the field of public procurement, taking into account the dynamics of current legislation." Economy under Guard 2022, no. 3 (September 30, 2022): 23–27. http://dx.doi.org/10.36511/2588-0071-2022-3-23-27.
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The article examines the analysis of the dynamics of the current legislation and its impact when conducting audits in the field of public procurement. The novelties introduced in January 2022 make significant changes to the procedure for conducting an audit in the field of procurement. Audit is primarily the compliance of contractual activities with regulatory legal acts, regulatory authorities must respond in a timely manner to the dynamics of changes in legislation in order to effectively implement control measures. The ability to timely and correctly interpret significant changes in legislation during the audit of public procurement is determined by the formation of an effective system in contract activity, both on the part of customers and contractors, the promotion of monitoring and control activities in the contract sphere.
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Kikavets, Vitaly V. "Public procurement in Russia: concept and content." RUDN Journal of Law 27, no. 2 (June 23, 2023): 397–420. http://dx.doi.org/10.22363/2313-2337-2023-27-2-397-420.
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Based on the analysis of foreign and national legal acts, scientific works and research of domestic and foreign scientists, the article substantiates the relevance of the concept “public procurement” and reveals its content. The outcome of the research on public procurement as a system of legal relations allows the author to verbalize its definition. Public procurement should be understood as a system of legal relations where one party is an authorized representative of public authority who purchases goods, works, and/or services at the expense of the relevant budget in order to realize public interest. The characteristic features of public procurement are highlighted, and the most significant functions of public procurement are substantiated, including social, regulatory, reproductive, innovative, stimulating, and cost optimization. The author offers classification of the main subjects of public procurement, involving authorized representatives of public authorities (entities authorized to regulate and control public procurement, to centralize and conduct joint bidding, as well as all customers), business entities (suppliers, contractors) and derivative entities (banks and credit organizations, electronic trading platforms, specialized organizations). It is emphasized that in order to increase the efficiency of budget spending and optimize the financial support of public procurement, a number of derivative entities may be abolished. The article sustains that legal relations in public procurement are subject to regulation by the norms of financial, administrative, and civil law. It notes that legal relations in public procurement regulated by the norms of civil law (contractual legal relations) arise exclusively after the relations regulated by the norms of public law. It outlines the legal characteristic of the revealed legal relations and justifies the necessity of considering the priority of the norms of public law.
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Fernandez, Rodrigo Nobre, André Carraro, and Ronald Otto Hillbrecht. "Efficiency, cost and benefits in contracts of public-private partnerships." Nova Economia 26, no. 2 (August 2016): 369–92. http://dx.doi.org/10.1590/0103-6351/2935.
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Abstract: This paper presents a theoretical model in order to better understand the elaboration of Public-Private Partnership contracts. Starting from the model developed by Iossa and Martimort (2012), we consider an additional parameter that measures the sensibility of the effort made in between the stages of the project. We also delimitate the numerical range of the variable that determines the technology flexibility. In this regard, a bundling regime, under which the companies form a consortium, presents better results than when they are contracted separately. This is a consequence of the first model, in which the companies are able to internalize the externalities of the productive process. On the other hand, even though the bundling regime is more efficient, the government should seek mechanisms to monitor the quality of services.
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Allard, Serge. "Effets civils et organisation conventionnelle de l'union homosexuelle." Les Cahiers de droit 26, no. 2 (April 12, 2005): 451–70. http://dx.doi.org/10.7202/042671ar.
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The recent Family Law Reform in Quebec makes no mention of non-traditional unions. No formal legal regime regulates the economic responsibility of homosexual partners. The author studies the most flagrant pecuniary consequences of the inability of a homosexual couple to marry and explores the possible effects of such a union on the property rights of the partners. A contractual agreement that does not necessarily off end public order and good morals may appear to be a solution to the aspirations of certain couples.
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Popa, Ioan Gabriel. "Possibilities of the Contracting Authority to Amend the Public Procurement Contract/Framework Agreement." International conference KNOWLEDGE-BASED ORGANIZATION 27, no. 2 (June 1, 2021): 72–77. http://dx.doi.org/10.2478/kbo-2021-0050.
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Abstract The experience gained in the field of public procurement leads me to the statement that the activity of amending the public procurement contract / framework agreement is a challenging activity for the contracting authority. Maybe not from the perspective of elaborating the documents necessary to operate the change or changes that may be required during the development of the public procurement contract / framework agreement, but rather from the perspective of the solutions offered by the law, solutions that cover only certain areas. Starting from the normative acts in force, this paper aims to identify the situations and the way in which the contracting authority can modify the public procurement contract / framework agreement, the documents to be elaborated and the effects that the modifications might entail. In order to increase transparency, predictability and coherence in relation to the operation of contractual changes, contracting authorities should carry out analyses after each public procurement process as well as of the various practical situations encountered during the execution of contracts.
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Slobodeniuk, V. "Natural gas supply. Features of contractual regulation." Uzhhorod National University Herald. Series: Law, no. 65 (October 25, 2021): 133–36. http://dx.doi.org/10.24144/2307-3322.2021.65.24.
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The article reveals the main approaches to determining the legal nature of the natural gas supply contract, men-tioned in the researchers of Soviet and modern Ukrainian civilians. The author gives a description of the natural gas supply contract, which by its legal nature contains the features of various civil law contracts - supply contract, transportation contract, public contract, connection contract, etc. The analysis of the main features, essential con-ditions of the natural gas supply contract, which distinguishes this contract from other civil obligations in order to distinguish the main characteristics of the relevant type of obligation as an independent.Particular attention is paid to the analysis of the Law of Ukraine “On Natural Gas Market”, the Rules of natural gas supply and the Standard contract for natural gas supply to household consumers, approved by the National Energy and Utilities Regulatory Commission, Ukraine and other regulations in the gas sector, which set out the essential terms of the contract for the supply of natural gas and the necessary requirements for its conclusion with the consumer. The conditions which are binding on the parties and established by the Regulator and those which are fixed at the discretion of the parties to the contract are specified.It is also necessary during researching of natural gas contracts determine a distinction between the conditions established for household consumers and enshrined in the model contract and non-household consumers who use gas for professional and / or commercial activities under the conditions provided for in Section II of the Rules for the supply of natural gas. Another aspect of the article is the study of the long-term development and improvement of natural gas contracts by creating transparent and competitive conditions between consumers in the market as an independent civil obligation.
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Melnikov, Vladimir V., and Vladimir N. Romashin. "Public Procurement Concept as A Path Dependence Result." Journal of Economic Regulation 12, no. 4 (December 30, 2021): 128–39. http://dx.doi.org/10.17835/2078-5429.2021.12.4.128-139.
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The rationale and conditions for transformation of a coordination mechanism in public procurement in Russia from market to redistribution, based on the quasi-market technology, are outlined. The authors view modernization of the economic framework of public procurement as an outcome of institutionalizing the rational conduct principles under the influence of such factors as public production conditions and path dependence. The paper describes transformation of the main elements of the machinery for financing public procurement associated with changing the institutional management structure towards support for the “best quality at an affordable price” principle. Alternatives of transaction managements in the financing system of supplying products for public needs are reviewed: from centralized planning in the USSR to the mixed economy in the today’s Russia. A comparative analysis based on the typical features of the market mechanism for transaction coordination justifies the quail-market nature of public procurement technologies in the Russian Federation. Arguments are given for procurement technology dynamics as returning to redistributive transaction coordination that facilitates transformation of public procurement from an economic-structure neutral into a proactive mechanism geared to form new economic orders. A sequence of tasks is given in order to execute the procurement concept in terms of institutional methodology as well as the prospects for developing a system of public procurement as a mechanism of proactive budgeting policy under bilateral economic sanctions that means de-liberalization of international economic relations. Public contractual system is a factor that is gradually restoring an ability to play a stabilizing and stimulating role in order to support the growth of national production and innovations by employing the taxpayer’s money to attain the national strategic development goals
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van den Hurk, Martijn. "Bundling the procurement of sports infrastructure projects: How neither public nor private actors really benefit." Environment and Planning C: Government and Policy 34, no. 8 (July 27, 2016): 1369–86. http://dx.doi.org/10.1177/0263774x15614672.
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Public-private partnerships for infrastructure development are often conceived as puzzling governance tools. A peculiar case in Belgium has been the procurement of multiple similar projects to single private sector partners who design, build, finance and maintain infrastructure for a fixed period— bundled procurement. Under the umbrella of the Flemish Sports Infrastructure Program, several of these bundles were tendered, particularly in order to achieve economies of scale. However, bundled procurement came at a price. This article scrutinizes its tense relationship with local governments' interests and competitive tendering. It shows that competition was hampered to a certain extent, but an equally important role in this respect was played by high contractual demands. As for local interests, in some cases the voice of local governments was given too much weight during the procurement phase. Consequently, political interests intervened and uncertainty arose.
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Shulakov, A. A. "Positive Clause on Public Order is the Basis for the Protection of Constitutionally Significant Values of the State." Courier of Kutafin Moscow State Law University (MSAL)), no. 9 (December 21, 2023): 128–37. http://dx.doi.org/10.17803/2311-5998.2023.109.9.128-137.
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The article notes that the purpose and mechanism of protection of public order in private international law can be understood only at the origins of the rationale for this protection, — in the doctrine of F. K. Savigny. The reasons for the formulation of F. K. Savigny only two exceptions to the displacement of foreign laws by local law, and the characteristics of fixing these rules in Art. 30 of the Introductory Law to the GGU. Analyzed are attempts to misinterpret the doctrine of F. K. Savigny after the adoption of the Rome Convention “On the law applicable to contractual obligations” (1980) and the Decision of the EU Court (2016), which gave a final assessment of these attempts. The influence of the Dutch school on modern international private law in Russia is noted. The consolidation of super-imperative norms in the legislation of Russia and the Netherlands is investigated. It has been established that the first group of norms of direct application of Art. 1992 of the Civil Code of the Russian Federation, the super-imperative nature of which in private cross-border legal relations is directly indicated by the legislator, has, in accordance with the theory of private international law, not a material, but a conflict character. The definition of super-imperative norms of the legislation of the Russian Federation, which ensure the protection of the constitutionally significant values of the state, is given.
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Clark, G. L. "Problematic Status of Corporate Regulation in the United States: Towards a New Moral Order." Environment and Planning A: Economy and Space 24, no. 5 (May 1992): 705–25. http://dx.doi.org/10.1068/a240705.
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Evidence on the geographical dimensions of corporate restructuring in the United States suggests that, if left to themselves, corporations often break the law or at least the spirit of law in furthering their economic interests. The design and implementation of restructuring involving the spatial relocation of work is in many instances conceived with the goal of circumventing corporations' social obligations. Workers' pension entitlements (and their contractual agreements with corporations on many other matters) are at risk when the economic imperatives of competition and technical innovation are the driving forces behind corporations' actions. These issues are explored with respect to rational choice theory, advancing an argument to the effect that if corporate restructuring is only understood in these terms, the prospects for effective public regulation are bleak indeed. A regulatory framework that explicitly references moral standards could be, however, more effective because the terms of evaluation would be legitimately other than simple benefit-cost analysis. This last argument is briefly illustrated by reference to the moral component inherent in making contracts between agents.
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Dahham, Mohammed Waheed. "أركان العقد الإداري وشروط صحته دراسة مقارنة." Twejer 3, no. 3 (December 2020): 707–38. http://dx.doi.org/10.31918/twejer.2033.19.
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The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract
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Liu, Yun, Greg Wang, and Yu Chen. "Why Are Corporations Willing to Take on Public CSR? An Organizational Traits Approach." Sustainability 11, no. 2 (January 19, 2019): 524. http://dx.doi.org/10.3390/su11020524.
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Corporation social responsibility includes the relational responsibility for the contractual stakeholders (relational CSR) and the public responsibility for the whole society (public CSR). In this paper, we examined the effect of organizational virtuousness on a corporation’s public CSR behavior and the moderating effect of organizational identity orientation between them. To test our hypothesis, we collected and analyzed a sample from 88 corporations and 742 respondents through questionnaires. Our results show that organizational virtuousness is positively associated with a corporation’s public CSR behavior, and this positive effect is moderated by organizational identity orientation. Among them, individualistic and collectivistic identity orientation positively moderates the relationship between organizational virtuousness and public CSR, while relational identity orientation negatively moderates the relationship between them. Our results suggest that a virtuous corporation does not necessarily have more willingness to take on public CSR than its counterparts, because the intention also depends on the type of identity orientation possessed by the virtuous corporation. In order to improve the enthusiasm of enterprises to take on public CSR, in addition to cultivating the virtue of organizations, different management measures should be taken according to the identity orientation of organizations.
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Steennot, Reinhard. "Public and Private Enforcement in the Field of Unfair Contract Terms." European Review of Private Law 23, Issue 4 (August 1, 2015): 589–619. http://dx.doi.org/10.54648/erpl2015039.
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Abstract: In 1993, the European legislator enacted the European Directive on Unfair Contract Terms in order to protect consumers from terms creating a significant imbalance between the rights and obligations of the parties to the detriment of the consumer. This article deals with (1) the non-binding nature of an unfair contract term, (2) the possibility to prevent the further use of unfair contract terms by applying for an injunction, and (3) the possibility to act in a repressive manner by imposing administrative and/or penal sanctions on sellers and suppliers using unfair contract terms. This article will show that national courts are required by the European Court of Justice (ECJ) to invoke the unfairness of a contract term of their own motion and must draw all the consequences of that finding in order to ensure that consumers are not bound by an unfair term. Although the jurisprudence of the ECJ, mainly based on the principles of equivalence and effectiveness, reinforces consumer protection, its impact in reality may not be exaggerated. As long as the case does not lead to court proceedings, the obligation, on behalf of the national courts, to invoke of their own motion the unfairness of a contractual term is not really helpful. Since (1) consumers are in most cases not aware of (the possibility to invoke) rules on unfair contract terms and (2) consumer protection associations often have only limited financial means to apply for injunctions, private enforcement mechanisms can in themselves not realize consumer protection from unfair contract terms. Therefore, public enforcement mechanisms should also be available in order to protect consumers.
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Kovalenko, E. Y., and N. V. Tydykovа. "CONTRACTUL REGULATION OF RELATIONS IN THE SPHERE OF PHYSICAL CULTURE AND SPORTS." Russian-Asian Legal Journal, no. 2 (June 29, 2022): 13–16. http://dx.doi.org/10.14258/ralj(2022)2.3.
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Contractual regulation is an important direction of non-state influence on the sphere of physical cultureand sports. The contract acts as an effective means of self-regulation and organization of professional sports activities, which provides participants in sports relations with the opportunity to freely coordinate theirinterests and goals, determine mutual rights and obligations aimed at achieving the goal, and is also able tocreate the necessary legal guarantee for the proper protection of the rights of the parties to the contractualobligation. In the article, the authors examined the theoretical positions regarding the use of the contractas a flexible tool for the individual regulation of sports relations, on the basis of which they formulated theconclusion that the civil law contract is the most popular and effective means of non-state regulation of sportsrelations, capable of adequately taking into account the private interests of the parties to the contractualobligation, without violating the requirement to comply with public order
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Lobo, Eduardo, Benício Sílvio Da Silva, João Carlos Souza, and Arnoldo Debatin Neto. "Subsidies and extra-tariff revenues in the Brazilian Public Transportation scenario and its relationship with urban mobility." Concilium 23, no. 16 (August 22, 2023): 379–98. http://dx.doi.org/10.53660/clm-1832-23m41.
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Urban Passenger Transportation is an essential service of public utility and, therefore, seeks to implement the right to universal mobility for different social classes. It is evident that the model must be regulated to guarantee social equity also through sustainable mobility. The objective of this paper is to identify policies applied to Public Transportation that are directly related to the subsidy theme, to propose a method to ensure the value of the affordable fare, maintaining the economic-financial balance, without, however, conditioning it to the stipulated level of service by the public concession contract. Applied research was used with a descriptive objective, performing analysis into the Brazilian scenario. Since these are public resources intended for service providers for extra-contractual intervention, the challenges and complexity of interpreting the effectiveness of the subsidy to the detriment of the social tariff are considered. In addition to proposing the method itself, this paper shows how to use a subsidy combined with extra-tariff revenues, in order to equalize operating costs without interfering with the system's level of service.
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Borkov, Victor Nikolaevich. "APPLICATION OF THE CRIMINAL LAW IN CONTRACTING SYSTEM AND STATE DEFENSE ORDER VIOLATIONS." Law Enforcement Review 2, no. 2 (October 2, 2018): 56–63. http://dx.doi.org/10.24147/2542-1514.2018.2(2).56-63.
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The subject. The article is devoted to analysis of court practice concerning crimes in public procurement.The purpose of the paper is to solve the problem of delimitation of theft committed by the perpetrator with the use of his official position, from abuse of official powers and official forgery is topical.The methodology. General scientific methods as analysis, synthesis, induction, deduction, comparison were used. The system method allowed to consider misdemeanors and a set of rules providing for responsibility for their commission, in conjunction with public relations, which need criminal law protection. The functional approach made it possible to address the issues of qualification for official crimes against the contract system and the state de-fense order, taking into account the forms and methods of activity of the subjects of con-tractual relations.Results and scope of application. An important role in improving the effectiveness of public procurement is played by officials who, in dealing with suppliers of goods and executors, are called upon to defend public interests. The public danger of crimes committed by offi-cials in this sphere is manifested in the destruction of the material basis of the functioning of the state, undermining its defensive capacity and reducing the level of security. Judicial practice testifies to the lack of uniform approaches to the qualification of crimes committed in the sphere of execution of the state and municipal contract.The article proposes criteria for delimiting the encroachments of officials on the expendi-ture of budgetary relations, taking into account the addition of the criminal law to norms that provide for responsibility for abuse in the performance of the state defense order (art. 201.1 and 285.4 of the Criminal Code of the Russian Federation). In the qualification of crimes committed in the sphere of contractual relations, and the application of art. 201.1 and 285.4 of the Criminal Code of the Russian Federation are proposed to be guided by the recommendations of the Supreme Court of the Russian Federation on the delimitation of abuse of official powers from embezzlement.Conclusions. It is necessary to proceed from the existence of two lines of activity of the customer. The first is the acceptance of the delivered goods, the work performed, the ser-vices rendered. The second is payment for goods, work and services.
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Fitriah, Fitriah. "Perlindungan Hukum Terhadap Konsumen dari Pelaku Usaha Periklanan Menurut UU Nomor 8 Tahun 1999." Solusi 17, no. 1 (January 1, 2019): 64–69. http://dx.doi.org/10.36546/solusi.v17i1.152.
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The general provisions of Article 1 paragraph 6 of Act Number 8 of 1999 concerning Consumer Protection, that "Promotion is an activity to introduce or disseminate information on an item and / or service to attract consumers' buying interest in goods and / or services that will be and are being traded". Advertising is a form of information, a tool for product business actors to introduce their products to the public in order to attract people to use these products. the public will get an idea of a product if the product is advertised, but the problem is that the ad does not always provide true or complete information about a product, so many consumers feel cheated by outstanding advertisements. There are several articles regulating advertisements on legal protection against consumers, namely Article 9, Article 10, Article 12, Article 13, Article 17, and Article 20. If a business actor has made an agreement with the consumer then the businessman deceives with the purpose of fraud then it can be used as an excuse to cancel the agreement stipulated in Article 1321 of the Civil Code and article 1328 of the Civil Code. However, if there is no contractual or contractual relationship between the business actor and the consumer, the consumer is harmed as a result of the advertisement lie, for example a consumer is injured and loses, the business actor is declared as a party that is violated by Article 1365 of the Civil Code.
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Burlamaqui, Leonardo. "Governing Knowledge: Intellectual Property Management for Development and the Public Interest." Revista do Serviço Público 66 (November 18, 2015): 69–88. http://dx.doi.org/10.21874/rsp.v66i0.1278.
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The core point of this paper is the hypothesis that in the field of intellectual property rights and regulations, the last three decades witnessed a big change. The boundaries of private (or corporate) interests have been hyper-expanded while the public domain has significantly contracted. It tries to show that this is detrimental to innovation diffusion and productivity growth. The paper develops the argument theoretically, fleshes it out with some empirical evidence and provides a few policy recommendations on how to redesign the frontiers between public and private spaces in order to produce a more democratic and development-oriented institutional landscape. The proposed analytical perspective developed here, “Knowledge Governance”, aims to provide a framework within which, in the field of knowledge creation and diffusion, the dividing line between private interests and the public domain ought to be redrawn. The paper’s key goal is to provide reasoning for a set of rules, regulatory redesign and institutional coordination that would favor the commitment to distribute (disseminate) over the right to exclude.Keywords: knowledge management, intellectual property, patent, public, interest, public sector, private sector, socioeconomic developmen
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ARRATIBEL ARRONDO, JOSÉ ANTONIO. "EUSKAL OSASUN-SISTEMA JURIDIKOAREN KONTRATU-PROGRAMA." RVAP 78, no. 78 (August 1, 2007): 15–35. http://dx.doi.org/10.47623/ivap-rvap.78.2007.01.
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La Ley de Ordenación Sanitaria de Euskadi dispone que en la Comunidad Autónoma de Euskadi se garantiza la existencia de una dotación de recursos de titularidad pública adecuada a las necesidades sanitarias, realizándose su planificación con criterios de racionalización de recursos. En este trabajo estudiamos esa relación jurídica que surge entre la Administración Sanitaria y las entidades públicas que proveen servicio de tal naturaleza. A los efectos de la citada ley, el contrato-programa constituye el instrumento jurídico mediante el cual se articulan de manera directa las relaciones entre
el Departamento competente en materia de sanidad y las organizaciónes sanitarias públicas para la provisión de servicios sanitarios. En definitiva, analizaremos este régimen jurídico contractual a la luz del derecho interno y comunitario. Euskadiko Antolamendu Sanitarioaren Legeak, Euskadiko Autonomi Elkartean titularitate publikoko baliabideen hornidura egotea garantizatuko da; hornidura hori beharrizan sanitarioei egokituta egongo da, eta baliabideen arrazionaltasun-irizpideen arabera planifikatuko da. Horretarako, hots, Osasun Administrazioak zerbitzu sanitarioz hornitzeko edozein entitate publikoarekin ezartzen dituen harremanak interesatzen zaigu. Beraz, bi erakunde publikoen arteko harrenan juridikoaz (kontratoaz) ari gara. Kasu honetan, EAL-k «programa-kontratu» izeneko lanabes juridikoaren bidez zuzenean antolatzen dira osasun alorrean eskumena duen sailaren eta Osasun-erakunde publikoen artean zerbitzu sanitarioz hornitzeko gauzatzen diren harremanak. Beraz, lan honek Kontratu-programa ikuspuntu juridiko batetik aztertuko dut eta, azken finean, kontratu mota horren ezaugarri juridikoak kontratazioari buruzko Estatu zen Europako zuzenbidea kontuan harturik. The Health Planning Act of Euskadi lays down that the Autonomous Community of Euskadi shall guarantee a suitable allocation of public resources in order to stand up to health care needs by planning a rationalization of resources. This paper deals with the study of the legal relationship between Public Health authorities and the public organizations that provide with public health services. For the purposes of the aforementioned Act, the programme-contract is the legal instrument which directly articulates the relationships between the competent Department in Public Health and the public health
care organizations which provide with medical care services. In short, we will analyse this contractual legal scheme in the light of domestic and Community law.
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Anari, Mohsen, Mozaffar Bashokouh, and Alireza Lofti. "Explaining the Conditions of Realization of Responsibility in Repairing Detriments Caused by Void Transactions." Revista do Curso de Direito do UNIFOR 13, no. 2 (October 24, 2022): 63–91. http://dx.doi.org/10.24862/rcdu.v13i2.1580.
Full textAbstract:
As long as the basic conditions of the accuracy of the contract and the specific conditions necessary for the accuracy of some contracts are met and the contract does not contradict public order and good ethics, the principle is the accuracy of the contracts. In case of loss or non-compliance with any of these conditions, the marriage will be invalid. Invalidation of the marriage has some effects, including the responsibility of one of the parties to the invalid contract in compensation for detriments to the other party of the marriage. Liability arising from a void contract and the obligation to compensate for the detriments arising from it is of non-contractual origin. In order to achieve the purpose of civil liability, i.e. to fully compensate for detriments, it is essential to determine the best method of compensation that courts in each case consider relative compensation and avoid compensating for any kind and order to pay cash for detriments in all cases. In the event of a breach of obligation, it is conceivable that it violates the obligation, which has a variety of types and includes civil or coercive liability, contractual liability, criminal and moral liability. The conditions for the realization of responsibility are: indisputableness, directness, personality, lack of prior compensation, foreseeeability, and detriment to the legitimate right to be detrimentd.In this paper, we try to use descriptive-analytical method and library study.Explaining the conditions of realization of responsibility in repairing detriments caused by void transactions to discuss.
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Krisch, Nico. "The Decay of Consent: International Law in an Age of Global Public Goods." American Journal of International Law 108, no. 1 (January 2014): 1–40. http://dx.doi.org/10.5305/amerjintelaw.108.1.0001.
Full textAbstract:
The consensual structure of the international legal order, with its strong emphasis on the sovereign equality of states, has always been somewhat precarious. In different waves over the centuries, it has been attacked for its incongruence with the realities of inequality in international politics, for its tension with ideals of democracy and human rights, and for standing in the way of more effective problem solving in the international community. While surprisingly resilient in the face of such challenges, the consensual structure has seen renewed attacks in recent years. In the 1990s, those attacks were mainly “moral” in character. They were related to the liberal turn in international law, and some of them, under the banner of human rights, aimed at weakening principles of nonintervention and immunity. Others, starting from the idea of an emerging “international community,” questioned the prevailing contractual models of international law and emphasized the rise of norms and processes reflecting community values rather than individual state interests. Since the beginning of the new millennium, the focus has shifted, and attacks are more often framed in terms of effectiveness or global public goods. Classical international law is regarded as increasingly incapable of providing much-needed solutions for the challenges of a globalized world; as countries become ever more interdependent and vulnerable to global challenges, an order that safeguards states’ freedoms at the cost of common policies is often seen as anachronistic. According to this view, what is needed—and what we are likely to see—is a turn to nonconsensual lawmaking mechanisms, especially through powerful international institutions with majoritarian voting rules.
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Banu, Lukas, and Matthew Gardiner. "The New Zealand’s Recognised Seasonal Employer Policy and the Contractual Rights of Indonesian Workers." Udayana Journal of Law and Culture 2, no. 1 (May 25, 2018): 28. http://dx.doi.org/10.24843/ujlc.2018.v02.i01.p02.
Full textAbstract:
The Recognised Seasonal Employer (RSE) scheme has attracted overseas workers to work in the horticulture and viticulture industries in New Zealand. They come from various countries all over the world, to stay and work in New Zealand. This article would explore some legal issues arise from New Zealand’s RSE policy in particular relation with the Indonesian migrant workers who seek a job in New Zealand. It would also analyze the rights and obligations of the workers as stipulated in the employment contract concluded by the Indonesian workers and the New Zealand companies under the RSE scheme. The normative legal writing combines the research on relevant public and private legal instruments and comparatively examines both national law and regulations of Indonesia and New Zealand in order to afford a balanced insight of the law of both countries. This study found that on one hand, New Zealand laws have already covered all aspects of workers and determined New Zealand’s government obligation to oversee the employment agreements, while on the other hand, Indonesian law and regulation do not cover explicitly the issue of protection of Indonesian workers who work in New Zealand under the RSE scheme. This article offers constructive recommendations addressed to any relevant stakeholders in order to improve the legal nature, institutional role and procedure for supporting New Zealand’s RSE policy and in the same time the better protection to the Indonesian migrant workers.