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Journal articles on the topic 'Rescission and termination of contracts'

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Author: Grafiati

Published: 11 March 2023

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1

Lorenz, Werner. "Reform of the German Law of Breach of Contract." Edinburgh Law Review 1, no. 3 (May 1997): 317–44. http://dx.doi.org/10.3366/elr.1997.1.3.317.

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This paper, first presented on 21 October 1995 at a joint seminar of the Scottish Law Commission and the Faculty of Law, University of Edinburgh, on the subject of breach of contract, considers the proposed reforms of German law in this area. The paper first surveys some of the problems of the existing law, highlighting its lack of a unitary concept of breach, gaps with regard to liability for breach of pre-contractual duties and contract modification owing to change of circumstances, difficulties arising from the special treatment of sales contracts and contracts for work and labour, and the mutual exclusivity of rescission and damages. Many difficulties arise from the operation of the law of prescription in the field. It is observed that the Vienna Convention on International Sales of Goods was ratified by Germany in 1991, making it desirable for reform to be consistent with the Convention. The reform proposals put forward in 1992 include a unitary concept of breach, modification of the fault principle, priority for specific implement, adjustment of the rules on termination to permit cumulation with damages and restitution, and changes with regard to the law of sales and contracts for work and labour. If implemented these will bring the German Civil Code into line with case-law developments as well as those in the international law of sales.

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2

Wagner, Gerhard. "Termination and cure under the Common European Sales Law: Consumer protection misunderstood." Common Market Law Review 50, Special Issue (March 1, 2013): 147–67. http://dx.doi.org/10.54648/cola2013041.

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The CESL'sscheme of remedies for defective performance by the seller is different for commercial sales and for consumer sales. In case of a commercial transaction (B2B), the seller has a right to cure defective performance either by repair or by replacement, before the merchant-buyer is entitled toterminate the contract. The priority of cure over rescission offers an efficient solution as it keeps buyer opportunism at bay, while preserving the incentives of the seller to deliver conforming goods. The scheme of remedies for transactions involving consumer-buyers(B2C)deviates from this reasonable solution as the buyer, in the case of defective tender, is entitled to immediate rescission. The right to immediate cancellation is meant to privilege consumer-buyers but, in truth,this backfires as it increases the costs of sellers without benefitting buyers in the same or a higher measure. The right to immediate rescission allows buyers to call off the contract for opportunistic reasons, such as a drop in market price or, more importantly, a revision of personal preferences. The resulting increase in the costs of sellers will be passed on to the class of buyers through price increases. In this way,opportunistic buyers will be able to shift the costs associated with their behaviour to faithful buyers who will be forced to cross-subsidize their opportunistic brethren. It seems that this rather sad outcome is not what the framers of the CESL had in mind when they tried to enhance the remedies of consumer-buyers.

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3

Abdul Manap, Norhoneydayatie, Tze Chin Ong, and Farhah Abdullah. "REMEDY FOR MISREPRESENTATION IN CONTRACTS: A CASE ANALYSIS IN MALAYSIA." International Journal of Advanced Research 8, no. 11 (November 30, 2020): 380–85. http://dx.doi.org/10.21474/ijar01/12019.

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Misrepresentation is a false statement made by one party which affects the other partys decision to agree to a contract. The act of misrepresentation nullifies the free consent of the contracting party to enter the contract, and that party is entitled to remedy. In Malaysia, the act of misrepresentation in contract is governed by section 18, Contracts Act 1950, whereas the remedy is provided for under sections 65 and 66, Contracts Act 1950. Based on this provision, the remedy given in cases of misrepresentation is contract rescission. However, based on previous court decisions, the remedy of contract rescission and rescission and damages have both been awarded by the courts. The objective of this article is to provide an analytical and critical case-by-case analysis of misrepresentation in contract, specifically regarding the remedies awarded by the court. The analysis of these cases found that there are court decisions where the court had awarded the remedy of contract rescission, and other cases where the court awarded contract rescission together with damages. The remedy expressly provided for in the Contracts Act 1950 is, however, contract rescission. This situation may cause confusion as the effects of each remedy are different. It is also submitted that the provisions in the Contracts Act 1950 should be reviewed to ensure their suitability with the application of misrepresentation laws in Malaysia.

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4

Turner, P. G. "RESCISSION OF THE DOCTRINE OF RESCISSION FOR FRAUD." Cambridge Law Journal 75, no. 2 (July 2016): 206–9. http://dx.doi.org/10.1017/s0008197316000441.

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THE decision in Robb v National Crime Authority [2014] EWHC 4384 (Ch); [2015] Ch. 520 has an ironic aspect. Etherton C. upheld the claims of 71 buyers of off-the-plan properties to be developed in Turkish Northern Cyprus. Robb had defrauded them. They had paid sums to Robb, Robb's company, or Robb's agents. Robb later caused those sums to be transferred into his personal bank account with a London bank, intending to transfer the funds to a bank in Thailand. Since 71 of the investors had rescinded their investment contracts, the Chancellor held those investors entitled to trace their moneys into the London bank account. The irony is that the Chancellor's reasoning would itself unravel the modern doctrine of rescission for fraud.

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5

Black, Oliver. "Independent promises and the rescission of contracts." Legal Studies 23, no. 4 (November 2003): 555–65. http://dx.doi.org/10.1111/j.1748-121x.2003.tb00227.x.

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A rule of English law is that, where a contract comprises promises that are independent of each other, neither party is entitled to rescind the contract for failure by the other to perform. This paper illuminates the rule by examining various versions of the independent/dependent distinction. On one account, it concerns the reason why someone gives a promise; on others, it concerns the conditionality of a promise. The account in terms of reasons conflicts with the doctrines of offer and acceptance and of consideration. All the conditional accounts provide a justification for the rule, but certain of them — in terms of external conditionality — unduly limit the availability of rescission. The others — in terms of internal conditionality — are therefore proposed. Assuming that an agreement is likewise modelled in terms of internal conditionality, one promise's being independent of another, where ‘independent’ is defined as proposed, is inconsistent with their constituting an agreement. The rule on rescission presupposes, however, that some independent promises constitute a contract. So this is a new reason to hold that, just as not all agreements are contracts, so not all contracts are agreements.

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6

Clarke, Malcolm. "REFUSING RESCISSION? CONTRACTS OF UTMOST BAD FAITH." Cambridge Law Journal 62, no. 3 (November 3, 2003): 556–58. http://dx.doi.org/10.1017/s0008197303326406.

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7

Nitikman, Joel. "Equitable Rescission of Contracts for Mistake in Canada After Great Peace: Whither Solle v. Butcher?" Canadian Tax Journal/Revue fiscale canadienne 69, no. 4 (2021): 1027–97. http://dx.doi.org/10.32721/ctj.2021.69.4.nitikman.

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In 1949, Lord Denning of the Court of Appeal of England in <i>Solle v. Butcher</i> held that equity could rescind a contract in respect of which all parties had made the same mistake, provided that the mistake was "fundamental" and the party seeking rescission was not at "fault." Since then, the decision has been under attack. In 2002, the same court in <i>Great Peace</i> purported to overrule <i>Solle v. Butcher</i>, but in 2020 the UK Supreme Court, in one sentence in an otherwise unconnected decision, suggested that equitable contractual rescission may not be dead yet. This article explores <i>Solle v. Butcher</i> in the context of Canadian law in general and a tax context in particular. It concludes that equitable contractual rescission is alive and well and living in Canadian tax law.

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8

Amelina, A. S. "TERMINATION OF FINANCIAL SERVICES CONTRACTS." Comparative-analytical law, no. 1 (2020): 134–37. http://dx.doi.org/10.32782/2524-0390/2020.1.29.

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9

Randall, John. "EXPRESS TERMINATION CLAUSES IN CONTRACTS." Cambridge Law Journal 73, no. 1 (March 2014): 113–41. http://dx.doi.org/10.1017/s000819731400004x.

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AbstractHaving set express termination clauses (ETCs) in their legal context, this article's first aim is briefly to explain three significant points concerning their operation which have now been clarified. Other important questions remain unresolved, and the second aim is to explore four of them: the judicial “reading down” of ETCs; whether termination need be immediate; the recoverability of expectation damages; and the avoidance of an unintended repudiation. Respects in which the English law of contract on each of them would benefit from development or change are identified, and it is argued that the Canadian approach to the award of expectation damages following termination pursuant to an ETC is preferable to the established Anglo-Australian position.

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10

Sari Fitri. "Review of Sharia Economic Law on Termination of Agricultural Land Lease Contract in Alahan Panjang." Konfrontasi: Jurnal Kultural, Ekonomi dan Perubahan Sosial 9, no. 2 (June 20, 2022): 318–25. http://dx.doi.org/10.33258/konfrontasi2.v9i2.221.

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This study aims to find out the economic fiqh review of the termination of agricultural land lease contracts in Alahan Panjang. Renting farmland is done during the growing season until the harvest season in Alahan Panjang. The formulation of the problem in this study is how the implementation of the termination of agricultural land lease contracts in Alahan Panjang and how the economic fiqh review of the termination of agricultural land lease contracts. This study uses field research with qualitative approach. The data was obtained through in-depth interviews. Based on the results of the study concluded the implementation of agricultural land lease contracts have not met the pillars and conditions, namely the unilateral termination of agricultural land lease contracts from Mu'ajir while the time agricultural land contract has not expired. Termination of this contract results in material losses for musta'jir. In this economic fiqh review is a bad habit or urf' fasid. There is no benefit of both parties in the termination of the land lease contract, because one of the parties feels harmed.

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11

Sen, Arijit. "Termination Clauses in Long-Term Contracts." Journal of Economics Management Strategy 5, no. 4 (December 1996): 473–96. http://dx.doi.org/10.1111/j.1430-9134.1996.00473.x.

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12

Olcay, Nadide Banu. "Dynamic incentive contracts with termination threats." Review of Economic Design 20, no. 4 (August 30, 2016): 255–88. http://dx.doi.org/10.1007/s10058-016-0192-2.

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13

Zeemering, Eric S. "Why Terminate? Exploring the End of Interlocal Contracts for Police Service in California Cities." American Review of Public Administration 48, no. 6 (April 3, 2017): 596–609. http://dx.doi.org/10.1177/0275074017701224.

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With the recent growth in interlocal contracts for municipal service delivery, insufficient attention has been given to city governments that choose to terminate interlocal contracts. The termination of interlocal contracts deserves scrutiny because theory points to multiple possible explanations for service change. This research examines the termination of interlocal contracts for police service delivery by California cities between 2001 and 2010. Public documents from the nine cities that terminated interlocal contracts are analyzed to assess rationale for termination. The stated reasons for termination include problems related to community responsiveness, the contract relationship, local control, service cost, service levels, and staffing. Grounded theory is advanced through analysis of the nine cities. The research refines our understanding of how cities weigh the costs and benefits of in-house production versus production through interlocal contract. While contract failure is evident in some cities, termination may also be explained as a process of vertical integration and service expansion. The research refines theories about local government service delivery and informs the practice of interlocal contract management.

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14

Kuchina, Yu A. "Grounds for terminating an employment contract with a teleworker." Okhrana truda i tekhnika bezopasnosti na promyshlennykh predpriyatiyakh (Labor protection and safety procedure at the industrial enterprises), no. 8 (July 14, 2021): 50–55. http://dx.doi.org/10.33920/pro-4-2108-07.

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The article explores the problems associated with the possibility of establishing contractual grounds for termination of employment contracts with remote employees, identified by judicial practice, and also suggests requirements that must be met in terms of content and procedure for the grounds for termination of employment contracts.

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15

Farfaras, Georgios N., and Peter B. Morgan. "Termination fees and bilaterally efficient merger contracts." Canadian Journal of Administrative Sciences / Revue Canadienne des Sciences de l'Administration 37, no. 3 (December 9, 2019): 366–76. http://dx.doi.org/10.1002/cjas.1556.

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16

Young-Bok Park. "The Termination of Contracts of DCFR - Focused on the Effects of Termination -." HUFS Law Review 41, no. 1 (February 2017): 215–58. http://dx.doi.org/10.17257/hufslr.2017.41.1.215.

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17

Taylor QC, Tim. "The Confluence of Civil and Common Law (and the Influence of the Sharia) in Middle East Construction Arbitrations." BCDR International Arbitration Review 4, Issue 1 (July 1, 2017): 217–43. http://dx.doi.org/10.54648/bcdr2017015.

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This article explains how civil and commercial laws, based on European codes (but adapted in some respects to be Shari’a-compliant), have been adopted in most of the Gulf Cooperation Council countries outside Saudi Arabia. It also contains a practical comparative law primer on how to understand and reconcile Islamic, civil and common law approaches in construction arbitrations, highlighting six common features of Middle East laws that pose traps for unwary contractors and developers (decennial liability, joint ventures, multiparty contracts, damages, rescission and ‘imprévision’).

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18

Vorobyeva, O. A., and M. A. Gordeeva. "The problem of termination of continuing contracts under the Russian law on the example of a lease agreement." Vektor nauki Tol’attinskogo gosudarstvennogo universiteta. Seria Uridicheskie nauki, no. 4 (2022): 5–11. http://dx.doi.org/10.18323/2220-7457-2022-4-5-11.

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The paper studies the problems of the lack of legislative distinguishing between the mechanisms of termination of the continuing and one-time contracts using the example of a lease agreement. The problem has become especially relevant in the context of the COVID-19 pandemic, when the law was faced with the fact that a party could not perform a contract, but could not withdraw from it either. This situation led to a considerable misbalance in the relations of the parties, especially entrepreneurs who have concluded a term contract for the period of more than five years. According to the authors, the continuing contract termination may be relevant both in the event of a pandemic and in many cases when judges refuse to apply Article 451 of the Civil Code of the Russian Federation, which is scarcely used in practice, however, it is the text of this norm that potentially involves the possibility to terminate continuing contracts. The authors substantiate the necessity to include in the current legislation the norms on the differentiation of the continuing and one-time contracts termination using the example of a lease agreement. The paper describes the experience of Germany, analyzes the judicial decisions, which in some cases led to an unfair distribution of risks. The authors propose a draft article on the termination of a continuing contract, as well as a solution to possible problems that may be caused by the adoption of this article. The authors conclude on the necessity to include in the current legislation the rules for the continuing contracts termination. At present, the only way to eliminate this problem is to specify relevant provision in a contract.

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19

Quattrocchio, Luciano, Luisa Tibiletti, and Mariacristina Uberti. "Early Termination Clauses for Leasing Contracts with APR Cap." International Journal of Business and Management 13, no. 12 (November 27, 2018): 290. http://dx.doi.org/10.5539/ijbm.v13n12p290.

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Terminating a leasing contract early may entail the payment of additional charges attributable to penalty and late payment costs. The occurrence of these extra charges push the lease effective Annual Percentage Rate (APR) up. The aim of this note is to discuss the contract early termination extra charge conditions which guarantee the no exceedance of a given APR threshold, whenever the contract expires. In the event the contract provides the lessee the option to terminate the lease prior to the first payment, extra charges shoot APR extraordinarily up and so the penalty costs should be set at zero. In the occurrence that the contract terminates upon the first payment date due to lessee’s exercise of the early termination option, the most severe compliance conditions are those if the termination occurs at the first payment date. If the early termination occurs for lessee’s insolvency, the most severe compliance condition is at correspondence of the first admissible date of the contract redemption for insolvency after a minimum number of unpaid payments. The late payment cost compliance condition requires only that the late payment interest rate not exceeds the given APR cap. Our findings hold whatever the payback amortization is set at the date of entering into the contract. If the French amortization (fixed installments) is used, the compliance constrains turn out looser than those valid for a general amortization.

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20

LUC, T. L. "Suspension, termination and termination of commercial contracts in accordance with the legislation of Vietnam." EURASIAN LAW JOURNAL 6, no. 157 (2021): 62–64. http://dx.doi.org/10.46320/2073-4506-2021-6-157-62-64.

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21

van Deventer, Sanmarie. "Regulating Substantively Unfair Terms in Online Contracts." Stellenbosch Law Review 2021, no. 3 (2021): 518–42. http://dx.doi.org/10.47348/slr/2021/i3a8.

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The possible risks that standard form contracts pose to consumers have long been recognised. This article focuses on the impact that the online environment has on these risks, and it questions whether existing rules sufficiently protect consumers against unfair or abusive provisions in online contracts (ie standard form contracts appearing in electronic form). Several clauses which are affected by the unique characteristics of the online environment are identified and analysed. These include clauses relating to the use of personal information and consumer-generated content, clauses affected by the ongoing nature of online contracts (such as unilateral variation and unilateral termination clauses) and clauses affected by the global nature of online contracts (such as choice-of-law and choice-of-forum clauses). It is concluded that existing measures of control are inadequate to ensure proper protection for online consumers. It may allow suppliers to rely on generally unread terms included in online contracts to exploit consumer data or content, to modify terms without proper notice, to cause loss to consumers through unilateral termination, and to deprive consumers of effective enforcement measures or legal remedies. Proposals are then made for legislative provisions that aim to prevent suppliers from abusing online terms.

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22

Momberg, R. "The Effects of Financial Crises on the Binding Force of Contracts – Renegotiation, Rescission or Revision." Contracteren 18, no. 3 (September 2016): 89–90. http://dx.doi.org/10.5553/contr/156608932016018003005.

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23

Tatar, O. V. "THE PROCEDURES FOR THE CONCLUSION AND TERMINATION OF INTERNATIONAL COMMERCIAL CONTRACTS AND LIABILITY UNDER THEM." Вестник Пермского университета. Юридические науки, no. 4(58) (2022): 737–45. http://dx.doi.org/10.17072/1995-4190-2022-58-737-745.

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Introduction: the author discusses the procedures for concluding, amending, and terminating international commercial contracts, and also the responsibility of the parties to such contracts in case of evasion or unwillingness of the parties to fulfill the conditions of the concluded contracts. The article aims to study the procedures for the conclusion and termination of international commercial contracts and liability under them. The main legal means of interaction between participants in the commercial turnover is a civil contract. In the field of international commercial turnover, a civil contract acquires the features of an international commercial contract. International commercial contracts mediate the international business activities of the parties and differ from similar internal transactions, as well as from transactions that, although complicated by a foreign element, are concluded with the participation of the consumer. International commercial practice has developed a number of requirements usually imposed on the content and structure of international commercial contracts. It is concluded that international commercial contracts usually contain several sections located in a certain logical sequence, although the content and structure of contracts may vary depending on the specifics of the product and a number of other conditions.

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24

MELUMAD, NAHUM D. "Asymmetric information and the termination of contracts in agencies." Contemporary Accounting Research 5, no. 2 (March 1989): 733–53. http://dx.doi.org/10.1111/j.1911-3846.1989.tb00736.x.

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25

Demarzo, Peter M., and Yuliy Sannikov. "Learning, Termination, and Payout Policy in Dynamic Incentive Contracts." Review of Economic Studies 84, no. 1 (July 9, 2016): 182–236. http://dx.doi.org/10.1093/restud/rdw029.

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Ariño, Africa, Jeffrey J. Reuer, Kyle J. Mayer, and Juan Jané. "Contracts, Negotiation, and Learning: An Examination of Termination Provisions." Journal of Management Studies 51, no. 3 (December 23, 2013): 379–405. http://dx.doi.org/10.1111/joms.12069.

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27

Wilson, Robert H. "Hotel Management Contracts: Breach of Contract, Termination, and Damages." Journal of Hospitality Financial Management 7, no. 1 (September 1999): 43–57. http://dx.doi.org/10.1080/10913211.1999.10653721.

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Wilson, Robert H. "Hotel Management Contracts: Breach of Contract, Termination and Damages." Journal of Hospitality Financial Management 8, no. 1 (September 2000): 72. http://dx.doi.org/10.1080/10913211.2000.10653741.

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29

Damour, Iyad Falah. "(The Impact of Corona Virus on Contractual Imbalance and Ways to Treat it in Lease Contracts: A Legal Jurisprudence Study (Jordan as a Model." Dirasat: Shari'a and Law Sciences 49, no. 2 (June 1, 2022): 111–95. http://dx.doi.org/10.35516/law.v49i2.1514.

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Objectives: The study aims to show the impact of Corona virus on contractual imbalance in lease contracts and ways to treat it. Methods: The researcher relied on a descriptive, analytical and deductive method in his study. He employed a descriptive approach to clarify the main terms in the study, which are: ijarah, Corona virus, and contractual balance. He also employed an analytical method in addressing the impact of Corona virus on contractual balance. As for the deductive approach, it came to devise ways to address the contractual imbalance due to Corona virus in lease contracts. Results: The study concluded a number of results. Corona virus affected the contractual balance in many contracts, including lease contracts, as it contributed to the breach of the obligations of the parties to the contract. Dealing with Corona pandemic must take into account the interests of the contracting parties, which are justice and balance. The measures taken by the Hashemite Kingdom of Jordan to confront the Corona virus had a direct impact on contracts, and on lease contracts in particular. There are legitimate and legal solutions to address contractual imbalance in lease contracts due to the Corona virus, such as termination, reduction of obligation, contract modification, or termination. Conclusions: The researcher recommends that official authorities add the phrase "taking into account the interests of both parties" to Defense Law, Article (11).

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30

Lerner, Josh, and Ulrike Malmendier. "Contractibility and the Design of Research Agreements." American Economic Review 100, no. 1 (March 1, 2010): 214–46. http://dx.doi.org/10.1257/aer.100.1.214.

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We analyze how contractibility affects contract design. A major concern when designing research agreements is that researchers use their funding to subsidize other projects. We show that, when research activities are not contractible, an option contract is optimal. The financing firm obtains the option to terminate the agreement and, in case of termination, broad property rights. The threat of termination deters researchers from cross-subsidization, and the cost of exercising the termination option deters the financing firm from opportunistic termination. We test this prediction using 580 biotechnology research agreements. Contracts with termination options are more common when research is non-contractible. (JEL D86, L65, O31, O34)

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Milusheva, Boryana. "METHODS FOR TERMINATION OF EMPLOYMENT CONTRACTS IN THE BULGARIAN PRIVATE SECTOR." Economics & Law 2, no. 1 (May 30, 2020): 69–77. http://dx.doi.org/10.37708/el.swu.v2i1.7.

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The research examines the issues related to the chosen methods for termination of employment contracts in “Perfumery Douglas Bulgaria” OOD. Based on the analysis of the normative regulation as well as the results of the conducted research, summaries, conclusions and recommendations for improvement in the company and in the Labour Code of the Republic of Bulgaria are made. Debatable questions are also raised for discussion on the basis of which a proposal is derived for a change in the National Revenue Agency (NRA) Register of Employment Contracts.

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Muhamad Said, Suzana. "Public-Private Partnership’s Contract in Malaysia: Some Areas of Concern in a Land Swap Arrangement." SRIWIJAYA INTERNATIONAL JOURNAL OF DYNAMIC ECONOMICS AND BUSINESS 1, no. 3 (December 9, 2017): 239. http://dx.doi.org/10.29259/sijdeb.v1i3.21.

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AbstractThis paper seeks to explore the public-private partnership initiative and salient provisions of government contracts in Malaysia. This paper further examines some areas of concern emphasising on a land swap type of contract. There are still many other provisions that need to be addressed for example on obligations, design and constructions, choosing the right type of contracts, operations and maintenance, sub-contracts, relief events, liability and damages, performance security, default and termination and dispute resolutions which is not dealt in this paper.

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Muhamad Said, Suzana. "Public-Private Partnership’s Contract in Malaysia: Some Areas of Concern in a Land Swap Arrangement." SRIWIJAYA INTERNATIONAL JOURNAL OF DYNAMIC ECONOMICS AND BUSINESS 1, no. 3 (December 9, 2017): 239. http://dx.doi.org/10.29259/sijdeb.v1i3.239-246.

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AbstractThis paper seeks to explore the public-private partnership initiative and salient provisions of government contracts in Malaysia. This paper further examines some areas of concern emphasising on a land swap type of contract. There are still many other provisions that need to be addressed for example on obligations, design and constructions, choosing the right type of contracts, operations and maintenance, sub-contracts, relief events, liability and damages, performance security, default and termination and dispute resolutions which is not dealt in this paper.

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34

Riskawati, Shanti. "PEMUTUSAN PERJANJIAN SEPIHAK KONTRAK PENGADAAN BARANG/JASA PEMERINTAH PASCA YURISPRUNDENSI NOMOR 4/YUR/PDT/2018." Arena Hukum 15, no. 3 (December 27, 2022): 517–37. http://dx.doi.org/10.21776/ub.arenahukum.2022.01503.4.

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This paper examines the legal certainty in contracts for the procurement of goods/services in the field of construction and legal protection for the parties. This normative juridical research uses qualitative juridical approach. The results show that procurement contract of goods and services in the construction sector have different characteristics from commercial contracts in general. Because the legal action in this contract is no longer purely a private legal action but is colored by public legal aspects in it. Presidential Regulation 16 of 2018, which also explicitly regulates the termination of unilateral agreements by Commitment Signing Officials. The contract sanctions include fines and termination of the contract. If the Provider is deemed unable to complete the work stipulated in the contract as stipulated in Article 56 of Presidential Regulation 16 of 2018, the Contract Signing Officer may impose sanctions in the form of unilateral termination of the Contract as stipulated in Regulation of the Head of LKPP Institutions Number 12 of 2021.

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35

Muda, Merle. "Estonian Labour Law Reform: The Successful Implementation of the Idea of Flexicurity?" International Journal of Comparative Labour Law and Industrial Relations 26, Issue 3 (September 1, 2010): 347–66. http://dx.doi.org/10.54648/ijcl2010021.

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Over the past ten years, the EU has been seeking ways to increase the adaptability of employees and enterprises and the flexibility of labour markets. Since 2006, the keyword has been flexicurity, and the implementation of this concept is intended to achieve the desired changes in labour relations. Accordingly, Estonia has attempted to reform labour relations in the light of the idea of flexicurity and adopted the Employment Contracts Act in 2008. This law comprises several amendments, the aim of which is to make labour relations more secure and flexible. This article focuses on the reforms that have had the greatest impact on the functioning of labour relations: the form of employment contracts; entering into and termination of fixed-term employment contracts; the employer’s obligation to provide training; the employer’s right to reduce wages; and the termination of the employment contact at the initiative of the employer. The author analyses whether the implementation of the idea of flexicurity has been successful with regard to these issues.

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김동훈. "A Recent Trend of Case Law on Termination of Contracts." KOOKMIN LAW REVIEW 19, no. ll (February 2007): 175–202. http://dx.doi.org/10.17251/legal.2007.19..175.

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Grosskopf, Ofer. "Dividing the Surplus upon Termination: The Case of Relational Contracts." American Business Law Journal 48, no. 1 (February 17, 2011): 1–26. http://dx.doi.org/10.1111/j.1744-1714.2010.01110.x.

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Spizman, Lawrence, and John Kane. "Chapter 11 bankruptcy and the termination of collective bargaining contracts." Employee Responsibilities and Rights Journal 3, no. 4 (December 1990): 277–84. http://dx.doi.org/10.1007/bf01384934.

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Spear, Stephen E., and Cheng Wang. "When to fire a CEO: optimal termination in dynamic contracts." Journal of Economic Theory 120, no. 2 (February 2005): 239–56. http://dx.doi.org/10.1016/j.jet.2004.02.008.

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Wang, Cheng. "Termination of dynamic contracts in an equilibrium labor market model." Journal of Economic Theory 146, no. 1 (January 2011): 74–110. http://dx.doi.org/10.1016/j.jet.2010.12.008.

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HOFFNER, YIGAL, and SIMON FIELD. "TRANSFORMING AGREEMENTS INTO CONTRACTS." International Journal of Cooperative Information Systems 14, no. 02n03 (June 2005): 217–44. http://dx.doi.org/10.1142/s0218843005001134.

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During the life cycle of a service consumer-provider relationship, agreements are reached in a variety of areas covering technical, service, business and legal issues. Although some of these agreements may be viewed as legally binding, it is unlikely that any of them will constitute a legal contract in the full sense of the word. It is often expedient to gather these agreements and create a legal contract out of them. Automating this process of contract generation can speed up the process and reduce the cost of legal expenses. In fact, the process of automated contract generation can also be useful outside the realm of web services, when agreements are made directly among people. We propose a way of transforming such agreements into contracts in a dynamic, efficient and speedy manner, using advanced forms of matchmaking technology in a novel way. This complements the other directions in which the agreements are to be used, namely configuration, instantiation, enactment supervision and relationship termination and evaluation.

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Cahyono, Anton, Ninis Nugraheni, and Mokhamad Khoirul Huda. "THE LIABILITY OF UNILATERAL TERMINATION BY GOVERNMENT ON GOODS AND SERVICE PROCUREMENT CONTRACT." Hang Tuah Law Journal 2, no. 1 (April 1, 2018): 16. http://dx.doi.org/10.30649/htlj.v2i1.38.

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<p>The increasing development in Indonesia, particularly the development of public facilities and infrastructures makes many public contracts, commonly called governmental goods and service contract, increase as well. It is a contract which one of the parties involves the government. In Indonesia, goods and service procurement contracts are not always well-conducted as expected. Lawsuits, which one of those is the liability from one party, may reveal in such contracts. Therefore, this study would discuss about an issue of unilateral contract termination on good-and-service procurement contract along with its solution. Referring to legal regulation related to governmental good-and-service procurement contract, President’s Regulation No. 54 Year 2010 on Governmental Goods and service Procurement and had been amended by President’s Regulation No. 4 Year 2015 about the Forth Amandment of President’s Regulation No. 54 Year 2010 about Governmental Goods and service Procurement.</p>

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PALILING, DIMAS TEGAR. "PERLINDUNGAN HUKUM BAGI PENYEDIA ATAS PENGHENTIAN KONTRAK PENGADAAN BARANG DAN JASA." Jurnal Hukum Volkgeist 2, no. 1 (March 13, 2019): 13–23. http://dx.doi.org/10.35326/volkgeist.v2i1.104.

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From the juridical standpoint that there are issues that are not acomodate in the technical regulations for the procurement of goods and services, in this presidential regulation Number 54 year 2010 along with the revised document. In an implementation of the contract for the procurement of goods and services, such as the implementation of the construction made possible the occurrence state of kahar. the goal of the research in this paper is analyzing the meaning of termination of contracts in the procurement of goods and services and analyze the legal consequences of termination of the contract against the execution of a contract for the procurement of goods and services .Research methods used in the writing of scientific papers using normative legal research methods. Research results show that the meaning of termination and termination of Contracts for the procurement of goods and services differs. Termination of the contract is a contract that is caused by the suspension not work power force of the implementation of the contract, but the contract still exist, such as the circumstances of the termination of legal consequences whereas kahar contract is the Provider is entitled to payment for the work that has been done and the user must make payment upon receipt of the goods/services; and the provider is entitled to financial compensation, in unison with the user having to provide financial compensation for the delay in payment, include the clause of the contract to change the determination of the length of time until when the contract is terminated and payout system.

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Zhu, John Y. "A Foundation for Efficiency Wage Contracts." American Economic Journal: Microeconomics 10, no. 4 (November 1, 2018): 248–88. http://dx.doi.org/10.1257/mic.20160222.

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In many jobs, the worker generates only subjective performance measures privately observed by the employer, and contracts must rely on employer reports about these measures. This setting is a game with private monitoring, and prior work suggests that the optimal contract may be complex and non-recursive. I introduce a novel equilibrium refinement and show that the optimal contract simplifies to an efficiency wage contract: The worker receives a wage above his outside option and reports take a pass-fail form. Each report depends only on performance since the previous report, and effort incentives are provided purely through the threat of termination. (JEL D86, J41)

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Geller, A. Ya. "Issue analysis of contracts termination in Russian state and municipal public procurement procedures." Vestnik Universiteta, no. 5 (June 30, 2022): 5–12. http://dx.doi.org/10.26425/1816-4277-2022-5-5-12.

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The article points out the problem of quality of interaction between the customer and the supplier of goods, works or services in the sphere of state and municipal public procurement procedures of Russian Federation. One of the manifestations of the problem is the high percentage of contract termination between procurement participants (approximately 20 % of the number of contracts concluded). The objective of the study was to suggest potential directions for improving the quality of interaction between procurement participants, against the background of considering the legal grounds for contracts termination. Based on the results of the study, the author identified the problem of lack of technics in the procurement control process, which reduce consequences of the uncertainty external environment impact and fair risk responsibility sharing of non-performing contract liabilities between the procurement participants.

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Guriev, Sergei, and Dmitriy Kvasov. "Contracting on Time." American Economic Review 95, no. 5 (November 1, 2005): 1369–85. http://dx.doi.org/10.1257/000282805775014452.

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The paper shows how time considerations, especially those concerning contract duration, affect incomplete contract theory. Time is not only a dimension along which the relationship unfolds, but also a continuous verifiable variable that can be included in contracts. We consider a bilateral trade setting where contracting, investment, trade, and renegotiation take place in continuous time. We show that efficient investment can be induced either through a sequence of constantly renegotiated fixed-term contracts; or through a renegotiation-proof “evergreen” contract—a perpetual contract that allows unilateral termination with advance notice. We provide a detailed analysis of properties of optimal contracts.

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Ludera-Ruszel, Agata. "Model zatrudnienia terminowego." Prawo 322 (July 6, 2017): 31–44. http://dx.doi.org/10.19195/0524-4544.322.3.

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Model of definite-term employment The aim and function of definite-term labor contracts in some cases legitimize a deviation from the model determined by indefinite-term employment. Moreover, the aim and function of definite term labor contracts affect the form of definite-term employment relationship. On the basis of the analysis of rules which govern the establishment and termination of employment relationship involving definite-term and trial period employment contracts, the paper is an attempt to present the current model of definite-term employment and its impact on the legal position of the parties to employment relationship.

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Dadalko, Vasiliy Aleksandrovich, Vladimir Vladimirovich Nikolaevskiy, Andrey Dmitrievich Nekrasov, and Dariya Sergeevna Sherstneva. "Financial relations and financial instruments in the context of digital transformation." Uchenyy Sovet (Academic Council), no. 1 (January 1, 2022): 8–26. http://dx.doi.org/10.33920/nik-02-2201-01.

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The subject of this article is smart contracts as digital financial instruments and their financial and economic essence, defined as digital instruments for regulating financial relations. The main purpose of the article is to introduce into scientific circulation such a systemic concept as digital financial instruments and mechanisms based on considering their economic, legal and financial essence. The methodological basis for considering the problem of smart contracts is a systematic approach that allows presenting a smart contract from a technological, economic, legal and financial perspective as a set of elements with their specific functions that define its complex concept. The article reveals the nature of financial relations that arise at the time of the conclusion of bilateral or multilateral transactions, and smart contracts are presented as ways of their automatic settlement. The termination of the functioning of a smart contract is a confirmation of the completion of the transaction and the moment of termination of financial relations. The fundamental possibility of using smart contracts in the system of budgetary relations as a tool for settling a multilateral transaction is shown. The authors demonstrate that smart contracts are currently an essential element of a new stage in the development of financial technologies. Smart contracts are presented as a complex and systemic concept as digital ways of settling financial relations arising from the conclusion of bilateral or multilateral transactions. The emerging opportunities of their use in the system of financial relations and the practice of their settlement are only beginning to be realized by specialists in the financial and banking sphere. As an example, the possibility of using smart contracts in the regulation of budgetary relations in general and in increasing the efficiency of the use of budgetary funds in financing sanitary transport services, in particular, is demonstrated.

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Bonthuys, Elsje. "Public Policy in Family Contracts, Part II: Antenuptial Contracts." Stellenbosch Law Review 32, no. 1 (2021): 3–23. http://dx.doi.org/10.47348/slr/v32/i1a1.

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This, the second part of an article on public policy in contracts between family members, focuses on legality in antenuptial contracts, particularly those which exclude all forms of sharing between spouses. The Matrimonial Property Act 88 of 1984 is now 35 years old and, apart from writing, it neither requires formalities to ensure that prospective spouses who enter into antenuptial contracts fully appreciate the consequences of their agreements, nor does it guarantee that the agreed upon property system is fair to both spouses. Instead, the focus is upon protecting the interests of third parties and creditors. The common-law principle of immutability makes it very onerous for parties to change the matrimonial property consequences during their marriage and, because the judicial discretion to order redistribution of benefits at divorce is limited to marriages concluded before the implementation of the Matrimonial Property Act, enforcement of antenuptial contracts at the termination of the marriage can lead to grossly unfair results. This unfairness has implications for gender equality, both because of gendered disparities in bargaining power at the conclusion of antenuptial contracts and legislation which limits the courts’ ability to deviate from contracts which mostly favour men, while retaining a discretion to deviate from contracts which tend to favour women. This article argues that the second leg of the public policy test, as articulated by the Constitutional Court in Barkhuizen v Napier can remedy the inadequacies in the statutory and common law by allowing the courts to consider inequalities in bargaining power and unfairness at the time of the enforcement of antenuptial contracts, in effect overriding the principle of immutability and creating a residual judicial discretion not to enforce an antenuptial contract.

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Intigam Garayeva, Aysel. "“THE DEATH” OF CONTRACTS AS A RESULT OF VOIDING: VOID OR VOIDABLE?" SCIENTIFIC WORK 15, no. 3 (March 24, 2021): 102–5. http://dx.doi.org/10.36719/2663-4619/64/102-105.

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Parties conclude a contract for creation and termination of contractual rights and obligations as the existence of a contract ensures parties to face unexpected situations. A valid contract means it is legally binding and enforceable and the formation of a legally binding contract must entail some essential and basic elements. But in some cases, even though the contract meets all basic elements for its validation it can be invalid. If a contract is invalid, it will be annulled from the very beginning, therefore the invalidity has a retroactive effect. Some defects render a contract void, while others make it voidable. This article clarifies types of invalid contracts on the basis of the element of dispute, main characteristic features of void and voidable contracts, dispute period in invalid transactions and grounds that lead to voiding a contract. Key words: defects, the death of contracts, void contracts, voidable contracts, invalidity, grounds for voiding

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