Journal articles: 'Termination by agreement'

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윤은경. "Implied Termination of Arbitration Agreement." Journal of hongik law review 17, no. 2 (June 2016): 431–56. http://dx.doi.org/10.16960/jhlr.17.2.201606.431.

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Wulandari, Retno. "Legal Protection of Franchisee in Franchise Contract Which Franchisor Unilaterally Terminates." NORMA 18, no. 1 (March 5, 2021): 1. http://dx.doi.org/10.30742/nlj.v18i1.1288.

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The Franchisor and the Franchisee's engagement tends to be based on the value of business profits alone. The document that becomes evidence (franchise agreement) tends to be poorly understood by the Franchisee, which can cause legal problems for him. One of the legal issues that can occur is the unilateral termination of the Franchisor to the Franchisee. Franchise agreements tend to be standardized, which comes from the Franchisor. These conditions make the Franchisee obliged to understand the agreement's contents well so that the franchise agreement is not terminated unilaterally by the Franchisor. This study aims to find out and analyze how legal protection for franchisee is based on franchise agreement. This research method is a normative legal research approach. The result of this study is unilateral termination of the franchise agreement will undoubtedly cause various legal problems for the parties bound in the franchise agreement.Keywords: Termination, Agreement, Franchise.

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Kornilova, N. V. "MODIFICATION AND TERMINATION OF THE COMMERCIAL LEASE AGREEMENT FOR RESIDENTIAL PREMISES." Vestnik of Khabarovsk State University of Economics and Law, no. 1 (105) (March 3, 2021): 102–7. http://dx.doi.org/10.38161/2618-9526-2021-1-102-107.

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The author examines the grounds and procedure for changing and terminating the commercial lease agreement for residential premises. The article describes in detail the individual grounds for termination of the commercial lease agreement for residential

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Bogdanova, Tatiana Vasilievna, and Armine Sarkisovna Marabyan. "Rights protection of concessionaire upon early agreement termination." Current Issues of the State and Law, no. 10 (2019): 207–14. http://dx.doi.org/10.20310/2587-9340-2019-3-10-207-214.

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We investigate the issue of concessionaire rights protection. We analyze the system of grounds for the early agreement termination and compensation provided to the concessionaire, as well as the mechanisms of concession agreement. We identify mandatory and optional terms of concession agreement. We highlight the cases of early termination of concession agreement, in which either the Russian Federation, or the subject of the Russian Federation, or the municipal formation is a concession grantor. We establish that upon termination of the concession agreement, the concessionaire has the right to demand from the concession grantor the reimbursement of expenses incurred by him in the creation and (or) reconstruction of the object (minus the expenses of concession grantor). We consider the cases of contract termination upon mutual agreement of the parties or by decision of the authority if concessionaire’s failure to fulfill its obligations has led to the infliction or threat of harm to people’s lives and health. We determine the procedure for reimbursement of the parties’ expenses in case of early termination of concession agreement. We investigate the protection of rights guarantees of concessionaire, namely, the establishment of the minimum payment in case of early termination of the concession agreement - investment expenses for creation (reconstruction) of the object. We highlight the obstacles for compensation of the concessionaire’s expenses for the project documentation development. We use practice materials as examples. We submit the proposals for amendments to the current legislation of the Russian Federation.

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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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Tellez, Juan Fernando. "Peace agreement design and public support for peace: Evidence from Colombia." Journal of Peace Research 56, no. 6 (July 1, 2019): 827–44. http://dx.doi.org/10.1177/0022343319853603.

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Conflict negotiations are often met with backlash in the public sphere. A substantial literature has explored why civilians support or oppose peace agreements in general. Yet, the terms underlying peace agreements are often absent in this literature, even though (a) settlement negotiators must craft agreement provisions covering a host of issues that are complex, multidimensional, and vary across conflicts, and (b) civilian support is likely to vary depending on what peace agreements look like. As a result, we know much less about how settlement design molds overall public response, which settlement provisions are more or less controversial, or what citizens prioritize in conflict termination. In this article, I identify four key types of peace agreement provisions and derive expectations for how they might shape civilian attitudes toward conflict termination. Using novel conjoint experiments fielded during the Colombian peace process, I find evidence that citizens evaluate agreements based primarily on how provisions mete out justice to out-group combatants, and further that transitional justice provisions produced sharp divisions among urban voters in the 2016 referendum. Additional analysis suggests that material, distributive concerns were particularly salient for rural citizens. The results have implications for understanding the challenge of generating public buy-in for conflict termination and sheds light on the polarizing Colombian peace process.

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Alakhunov, N. "Legal Aspects of the Possibility of Termination of the Plea Agreement in Criminal Proceedings of the Kyrgyz Republic." Bulletin of Science and Practice 7, no. 2 (February 15, 2021): 276–81. http://dx.doi.org/10.33619/2414-2948/63/30.

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The article discusses the admissibility of termination of an agreement on pleading guilty by the suspect and the accused both in the course of pre-trial proceedings and in court proceedings in criminal cases of grave and crimes. It should be noted that the criminal procedure code did not directly provide for a mechanism for terminating an agreement on pleading guilty to the suspects and accused in criminal cases. This significantly leads to a violation of not only the fundamental law of state but also the constitutional rights and freedoms of the individual. This article attempts to design a mechanism for terminating an agreement on the plea of guilty of suspects and accused in criminal cases.

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Lomakina, L. "Termination of employment contract by agreement of the parties." Gosudarstvo i pravo, no. 5 (May 2019): 106–11. http://dx.doi.org/10.31857/s013207690004866-4.

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MOROZ, M. V., and I. A. CHURKIN. "Special Grounds for Termination of the Lease Agreement (Leases)." Law and innovations, no. 3 (27) (2019): 69–75. http://dx.doi.org/10.31359/2311-4894-2019-27-3-69.

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ZELENSKYI, V. М. "EMPLOYMENT TERMINATION BY MUTUAL AGREEMENT: EXPEDIENCY OF WRITTEN CONSENT." Scientific Journal of Public and Private Law, no. 1 (2020): 96–100. http://dx.doi.org/10.32844/2618-1258.2020.1.17.

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Lavranos, Nikos. "The World after the Termination of Intra-EU BIT S." European Investment Law and Arbitration Review Online 5, no. 1 (December 11, 2020): 196–211. http://dx.doi.org/10.1163/24689017_008.

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This article examines the potential consequences of the termination agreement recently signed by 23 EU Member States, which will soon terminate the existing intra- EU BIT S of the signatory Member States. The author concludes that the retroactive application of the termination agreement to disputes that have been initiated before this termination agreement enters into force is a serious violation of the Rule of Law. He also finds that the Facilitator procedure offered by the termination agreement is not a suitable tool to settle any ongoing intra- EU BIT disputes. In light of the significant shortcomings in the judicial legal systems of many EU Member States, the author calls for the adoption of an EU Investment Protection Regulation as well as the creation of a European Investment Court. Finally, despite the fact that the termination agreement is not intended to apply to intra- EU ECT disputes, the author expects that the fallout of the Achmea judgment will lead to substantial “reforms” of the ECT in due course. All these developments will inevitably lead to a lower standard of investment and investor protection within the EU.

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Semeryanova, Nina, Ilona Vasenina, Ibragim Aitov, and Elizaveta Sedelnikova. "Settlement of disputes upon termination of employment contract by agreement of parties." E3S Web of Conferences 164 (2020): 11028. http://dx.doi.org/10.1051/e3sconf/202016411028.

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The article discusses features of legal regulation of these legal relations, analyzes judicial practice. The leading research approach includes such scientific methods as dialectics, analysis, synthesis, and deduction, comparative legal and formal legal methods. The authors conclude that termination of severance pay stipulated by the agreement on termination of the employment contract does not indicate its illegality. The employee must be guaranteed the right to receive financial support for the period of job search, as well as the fulfillment of a voluntary obligation by the employer. The absence of acts providing for compensation payments in the organization is not a reason for refusing to pay severance pay. The conclusion of an agreement on termination of an employment contract has several advantages, provided that the obligations undertaken by the parties are met in good faith.

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Parkar, A. P., Ø. E. Olsen, H. Maartmann-Moe, A. K. Daltveit, K. Gjelland, and K. Rosendahl. "Antenatal ultrasound and postnatal autopsy findings in terminations after 12 weeks’ gestation due to fetal abnormality: population-based study in western norway, 1988–2002." Acta Radiologica 50, no. 7 (September 2009): 816–22. http://dx.doi.org/10.1080/02841850903025960.

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Background: Ultrasound screening has been part of antenatal care for several decades, and warrants high expertise to meet the criteria for a worthwhile screening program. In particular, the rate of false positives should be low. Purpose: To examine time trends of pregnancy terminations for fetal abnormality after 12 weeks’ gestation, and to assess the agreement between antenatal ultrasound and post-termination autopsy findings for the main pathologies leading to termination. Material and Methods: During the period 1988 to 2002, 198 pregnancies were terminated for fetal abnormality after 12 weeks’ gestation. We reviewed the case notes for those 151 who were autopsied (male/female/undetermined ;= ;91/56/4). Annual rates of live births and stillbirths were retrieved from the Medical Birth Registry of Norway. Results: Antenatal ultrasound provided a correct diagnosis of the major abnormality in 149/151 cases (99%), based on post-termination autopsy findings. The annual rate of terminations after 12 weeks’ gestation varied between 0.6 and 3.4 (mean 1.8) per 1000 live births, with a trend toward higher rates over the study period ( P=0.001, chi-square test for linear-by-linear association). Conclusion: The specificity of antenatal ultrasound for major abnormalities was high, as compared to postnatal autopsy findings. The mean annual rates of termination after 12 weeks’ gestation tended to increase over the 14-year study period.

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Lee , Hyo-kyong. "Issues surrounding the agreement and termination of Shares trusted nominally." commercial cases review 32, no. 4 (December 31, 2019): 123–54. http://dx.doi.org/10.36894/ccr.2019.32.4.123.

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Lee , Hyo-kyong. "Issues surrounding the agreement and termination of Shares trusted nominally." commercial cases review 32, no. 4 (December 31, 2019): 123–54. http://dx.doi.org/10.36894/kcca.2019.32.4.123.

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Vishnevskaya, Irina Aleksandrovna, and Grigoriy Yurievich Garmash. "Early termination of the lease agreement. Is there any damage?" Lizing (Leasing), no. 1 (May 26, 2021): 76–80. http://dx.doi.org/10.33920/vne-03-2107-11.

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Many litigation cases for losses and damages, which are considered by the courts, include, among other things, challenging the amount of damage caused (loss, damage). In some cases, the calculation of losses is not just unreasonable, but absurd in nature, based on the substitution of economic concepts. An independent economic expert examination is solid evidence in loss cases. The article analyzes and outlines the difference in the economic concepts of «market value» and «redemption price»; it is concluded that these concepts are incomparable. The unreasonableness of calculating the damage to a leasing company under a transaction of early termination of a lease agreement is shown on the example of a real case.

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Usman, Nurainy, Merry Tjoanda, and Saartje Sarah Alfons. "Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak." Batulis Civil Law Review 2, no. 1 (May 31, 2021): 93. http://dx.doi.org/10.47268/ballrev.v2i1.561.

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This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.

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Hakiki, Azizul. "Warrant of Termination of Investigation (SP3) Issued Based on Peace Agreement Between Suspects and Reporters in Ordinary Offences." Lentera Hukum 6, no. 2 (July 29, 2019): 275. http://dx.doi.org/10.19184/ejlh.v6i2.10501.

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Warrant of Termination of Investigation (SP3 – Surat Perintah Penghentian Penyidikan) is applied as the power granted to the investigator of a criminal act. Article 109 paragraph (2) of Law No. 8 of 1981 on the Criminal Procedure Code (KUHAP – Kitab Undang-Undang Hukum Acara Pidana) states that there are three requirements to stop a criminal investigation: (a) insufficient evidence; (b) the act committed by the suspect is not a criminal offence; and (c) the investigation is stopped by law. These three conditions are alternative conditions. At the implementation level, there are many cases that are terminated because they fulfill these three requirements. However, it is not uncommon for cases that have progressed to the stage of investigation be stopped as well because the suspected and the reporter reached a peace agreement through mediation facilitated by police investigators. The mediation condition will impact the ongoing investigation since the investigation should be stopped and police should revoke the report of the investigation concerned. Whereas, in this context, the status of this case is an ordinary offence status which means that the revocation of the report has no consequences with the ongoing investigation. Peace agreements impact ongoing investigations. Whereas the investigation should be stopped and police should revoke the offense report, under extant legislation, investigations maintain ordinary offence status, meaning revocation of the offense report has no effect on the ongoing investigation. The investigation cannot be stopped with any other reasons excepts those that stated in Article 109 paragraph (2). The fact that the revocation of the report of investigation leads to the termination of the ongoing investigation as evidenced by the issuance of SP3. While the issuance of SP3 enables termination of an ongoing investigation by revoking the report of investigation, investigation termination requirements explicitly state that an agreement reached through a mediation mechanism cannot provide legal grounds to issue SP3. This paper provides a normative legal analysis of the validity of investigation termination as the result of an agreement reached through a mediation mechanism. Investigations that terminated based on an agreement achieved by mediation mechanism will create space for third parties to utilize a pre-trial mechanism whose purpose is to test the validity or termination of the investigation. Keywords: Termination of Investigation, Criminal Law, Criminal Procedure

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Suwastono, Hendro. "KEADAAN MEMAKSA (FORCE MAJEURE) SEBAGAI ALASAN PEMUTUSAN PERJANJIAN KERJA PEMAIN SEPAKBOLA PROFESIONAL DI PT SRIWIJAYA OPTIMIS MANDIRI." Repertorium : Jurnal Ilmiah Hukum Kenotariatan 6, no. 1 (July 24, 2018): 85. http://dx.doi.org/10.28946/rpt.v6i1.186.

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The Thesis Title Is "Force Majeure As A Reason Of Professional Football Player Employment Agreement Termination In PT Sriwijaya Optimis Mandiri". In This Research Formulated The Issue About The Criteria And Characteristics Of Force Majeure Condition According To The Civil Law In Force In Indonesia, Which Can Be Used As A reason for termination of professional football player employment agreement in PT Sriwijaya Optimis Mandiri, is a termination of professional football player employment agreement have a fairness according to civil law in Indonesia and why employment agreement was made itself and if there is any relevance and urgency if professional football player employment agreement made by Notary. To examine and answer problems mentioned above, this thesis using normative legal research that analyzed a legal enforceability, with legal materials, such as the research on the legal principles, positive law, legal rules, and rules of legal norms. Research use Legislation approach method (Statue Approach), Conceptual Approach and Case Approach. The research results indicate that criteria of force majeure which became the reason for termination of professional football players in PT Sriwijaya Optimis Mandiri is the state force due to policy or regulation. While its characteristics is a condition of force majeure are temporary, special, relative and temporer. Employment Agreement termination by reason of force majeure that meets the Fairness, because the player can accept the decision and made no effort to remedy , The value of justice is seen in this case is a commutative justice values that are proportional, where players can understand the difficulty of management FC although they are also in unfavorable conditions, because there is no power that can not be avoided. Professional soccer player employment agreement made by itself because consideration is simpler, faster and more economically, while the idea of employment agreement made by Notary very relevant for professional soccer players should certainly be treated professionally also in making the employment agreement work performed by the Notary profession. However, the urgency remains dependent on the will of the parties (voluntary).

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Silvereke, Siri. "Withdrawal from the eu and Bilateral Free Trade Agreements." International Organizations Law Review 15, no. 2 (December 11, 2018): 321–40. http://dx.doi.org/10.1163/15723747-01502004.

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Ambiguity still remains around the legal effects of a Member State’s withdrawal from the eu in relation to the new generation of Free Trade Agreements (‘ftas’), which are concluded as bilateral mixed agreements. Such withdrawal may have secondary implications in relation to the international obligations towards the other party of the ratified agreement. According to article 70(1)(a) of the Vienna Convention on the Law of Treaties (‘ vclt ’), the termination of a treaty under its provision releases the parties from the obligation further to perform the treaty. However, mixed agreements that are signed by both the Member State and the eu may cause complications. The obligation of sincere cooperation could play a large role in respect of the Member State’s compliance with its commitments under the agreement. Indeed, there are many concerns regarding the effect of the withdrawal on the eu and the withdrawing Member State in respect to mixed ftas. Could a withdrawal lead to an automatic termination or renegotiation of a trade agreement? Would it be possible to argue for fundamentally changed circumstances? Or could the principle of continuity in the vclt in the context of succession of states affect the outcome?This contribution aims to clarify the legal situation in regard to bilateral mixed ftas that are ratified or provisionally applied—such as the eu-Canada Comprehensive Economic and Trade Agreement (‘ ceta ’)—in the event of a Member State’s withdrawal from the eu. It considers the Member State’s responsibilities and obligations when the withdrawal has been effectuated. Additionally, it explores the rights of the non-eu party to the agreements, as well as the consequences that the eu might face as a remaining party to the agreement.

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Boeun Chang. "Termination of a Distribution Agreement and the Distributor’s Claim to Indemnity." HUFS Law Review 41, no. 3 (August 2017): 267–94. http://dx.doi.org/10.17257/hufslr.2017.41.3.267.

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Trufanova, Yulia, and Mykhailo Bazhenov. "Legal grounds for termination of lease agreement on the renter request." Aktual’ni problemi pravoznavstva 1, no. 4 (2019): 200–205. http://dx.doi.org/10.35774/app2019.04.200.

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Chang, Boeun. "Termination of a Sales Agreement and Enrichment in Three-Party Situations." Justice 171 (April 30, 2019): 278–316. http://dx.doi.org/10.29305/tj.2019.04.171.278.

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Lampropoulos, Georgios K. "Type of counseling termination and trainee therapist–client agreement about change." Counselling Psychology Quarterly 23, no. 1 (March 2010): 111–20. http://dx.doi.org/10.1080/09515071003721552.

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Berger, T. "Australian Federal Court clarifies statutory termination rights in patent licence agreement." Journal of Intellectual Property Law & Practice 9, no. 7 (May 9, 2014): 534–35. http://dx.doi.org/10.1093/jiplp/jpu077.

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Fathoni, Muhammad Johar. "TRANSFER OF UNDERTAKINGS PROTECTION OF EMPLOYMENT (TUPE) DALAM PERJANJIAN OUTSOURCING." Media Iuris 1, no. 2 (July 4, 2018): 335. http://dx.doi.org/10.20473/mi.v1i2.8834.

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Transfer of Undertaking Protection of Employment Based on Constitutional Court Decision Number 27/PUU-IX/2011, there are two models that must be fulfilled in outsourcing agreement, that is First, by requiring for agreement between worker and company conducting work outsourcing does not take the form of a certain time labor agreement (PKWT), but is in the form of an indefinite time agreement (PKWTT). The consequences of termination of contract for the Employment Service Provider who laid off his employees for the law, the employer shall be entitled to grant the right to his employees in accordance with the Manpower Act, Kepmenaker No. Kep. 150/Men/2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification. Then the government also stipulates the Decree of the Minister of Manpower and Transmigration of the Republic of Indonesia no. Kep. 76/Men/2001 on Amendment to several articles of Minister of Manpower Decree no. Kep. 150 / Men / 2000 on the Settlement of Termination of Employment and Stipulation of Severance, Money of Work and Indemnification at the Company.

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Randi, Yusuf. "THE IMPLEMENTATION OF THE JOINT AGREEMENT IN THE FORM OF COMPENSATION FOR TERMINATION OF EMPLOYMENT THAT CONTRARY TO LABOR LAW." DE RECHTSSTAAT 6, no. 1 (March 31, 2020): 27–41. http://dx.doi.org/10.30997/jhd.v6i1.2581.

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Humans as social creatures always work, either endeavored alone or work with others in meeting their needs, which then gave birth to work relationships. The working relationship in the journey does not always run harmoniously but there are often disputes that sometimes end with the termination of employment (PHK), as happened in the Supreme Court Decree No: 788k/Pdt.Sus-PHI/2018, where the company laid off workers against and provide compensation for layoffs based on collective agreements and are not guided by the provisions of layoffs in Law No. 13 concerning Manpower.The method of approach used is normative juridical, with research specifications analytical descriptive. The results showed that the joint agreement applied by the Supreme Court Judge as a legal basis in resolving cases, defects an objective requirement that is violating the halal causal conditions, because it regulates layoff compensation whose value is not under the provisions of Article 156 paragraph (1), (2), (3) and (4) the Manpower Act, thus violating the legal conditions of the agreement in Article 1320 of the Civil Code, therefore the agreement is invalid and has no legal force. Besides, the work period of workers with companies based on PKWT should legally change to PKWTT as stipulated in Article 59 paragraph (7) of the Manpower Act.Keywords: Compensation, Work termination, Joint Agreements.

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Willemse, Leonard, and David Badenhorst. "‘n Ondersoek na die inkomstebelastinghantering van beëindigingsboetes betaalbaar deur verhuurders by die voortydige beëindiging van ‘n huurooreenkoms." Journal of Economic and Financial Sciences 5, no. 2 (October 31, 2012): 547–66. http://dx.doi.org/10.4102/jef.v5i2.299.

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The premature termination of lease agreements is a common occurrence in the South African and international business arena. When a lease is terminated prematurely, it is currently the practice that the person who terminates the lease agreement has to pay a termination penalty. This article investigates the income tax treatment possibilities of the penalty paid by a lessor. For purposes of this investigation the income tax treatment of lease termination penalties in Australia, Canada, the United States of America and South Africa are investigated. This is done in order to identify guidelines and principles that could possibly be used in a South African context, which may lead to the efficient and correct treatment of lease termination penalties for South African income tax purposes. The investigation concludes that the factors surrounding the lease termination transaction as well as the intention of the parties involved, will determine the appropriate income tax treatment of the penalty. The question must be asked whether or not the termination penalty was incurred as part of a ‘profit-making scheme’ and what happens after the penalty has been incurred. It is recommended that, where the penalty is deemed to be capital in nature, the merit of allowing some sort of capital allowance (similar to the one used in the United States of America) should be investigated.

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이상훈. "The Relationship between the termination by concession agreement and the termination by the administrative action in the PFI project." SungKyunKwan Law Review 30, no. 4 (December 2018): 129–56. http://dx.doi.org/10.17008/skklr.2018.30.4.005.

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Joshi, Madhav, and Jason Michael Quinn. "Civil war termination and foreign direct investment, 1989–2012." Conflict Management and Peace Science 37, no. 4 (June 18, 2018): 451–70. http://dx.doi.org/10.1177/0738894218778260.

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Data on global foreign direct investment (FDI) inflows shows that civil war significantly deters investment, while post-civil war settings attract investment. Civil wars, however, can end in different ways (government victories, rebel victories, and various types of settlements) and firms should be attracted to terminations that reveal more information about the future political and economic stability of the nation. We argue that comprehensive peace agreements and their subsequent implementation convey the most relevant information to investors regarding the credibility of the conflict actors’ commitment to future peace and stability and should thus attract the most FDI. Analysis of FDI inflows to 73 post-civil war countries lends support to our argument. The policy implications of the study are straightforward: governments that wish to attract the maximum amount of FDI for economic reconstruction following a civil war should negotiate and implement a comprehensive peace agreement.

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Trufanova, Yuliia. "Legal grounds for termination of lease agreement on the lessor`s request." Aktual’ni problemi pravoznavstva 1, no. 2 (June 26, 2019): 138–43. http://dx.doi.org/10.35774/app2019.02.138.

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Demichev, Aleksey A. "Violations in the Conclusion and Termination of an Inheritance Agreement: Potential Issues." Jurist 9 (September 17, 2020): 38–42. http://dx.doi.org/10.18572/1812-3929-2020-9-38-42.

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Chaban, O. M., and B. P. Ratushna. "GROUNDS FOR TERMINATION OF THE AGREEMENT UNDER THE CIVIL LEGISLATION OF UKRAINE." Juridical scientific and electronic journal, no. 4 (2021): 285–88. http://dx.doi.org/10.32782/2524-0374/2021-4/69.

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Ranjan, Amit. "Inter-State River Water Disputes in India: A Study of Water Disputes Between Punjab and Haryana." Indian Journal of Public Administration 65, no. 4 (November 14, 2019): 830–47. http://dx.doi.org/10.1177/0019556119873442.

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In its 10 November 2016 advisory opinion, the Supreme Court (SC) of India nullified the Punjab Termination of Agreement Act, 2004. This inter-State water sharing termination act of the Punjab government had challenged the constitutional authority of the Union government over the states. The SC looked at that dimension of the Punjab Termination of Agreement Act, 2004, and maintained the constitutional supremacy of the Union government over the states. This article discusses the federal water relationships in India, and then examines the river water disputes between the Indian states of Punjab and Haryana. The author argues that the growing inter-State water disputes in India have also challenged the federal constitutional arrangement which holds the primacy of the Union government over the State governments in matters relating to regulation and development of inter-State waters and river valleys.

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Bagdanskis, Tomas. "The Termination of an Employment Contract Initiated by the Employer’s Will." Teisė 118 (March 2, 2021): 32–46. http://dx.doi.org/10.15388/teise.2021.118.3.

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This article systematically analyses new Labour code rules (regulation from July 2017) and the judicial practice of Lithuania relating to the termination of an employment contract initiated by the employer by employer’s will (Labour Code of the Republic of Lithuania, Article 59). It is important to separate this new background of termination from an ordinary one – the termination of an employment contract by the absence of an employee’s fault (Article 57 of Labour code) – and reveal the theoretical and practical aspects and the conclusions in disclosing the true norm meaning. Employers will be able to terminate an employment agreement without the employees’ fault due to the following reasons (Article 57 of Labour code): employee’s work function is no longer required; employee fails to reach the agreed results of work; employee does not agree to change the terms of their employment agreement, place of work, or working regime; employee does not agree to continue employment after business transfer or a part thereof; employer ceases its activities. New rules, indicated in Article 59 of the Labour code (Termination based on employer’s will), says that if an employer intends to terminate an employment agreement due to other reasons, not listed in Article 57 of Labour code, the employee may be served with a 3 business days’ prior written notice and paid a severance pay of at least 6 average monthly salaries.

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Kasper, S., M. T. J. van der Meer, A. Mets, R. Zahn, J. S. Sinninghe Damsté, and S. Schouten. "Salinity changes in the Agulhas leakage area recorded by stable hydrogen isotopes of C<sub>37</sub> alkenones during Termination I and II." Climate of the Past 10, no. 1 (February 5, 2014): 251–60. http://dx.doi.org/10.5194/cp-10-251-2014.

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Abstract. At the southern tip of Africa, the Agulhas Current reflects back into the Indian Ocean causing so-called "Agulhas rings" to spin off and release relatively warm and saline water into the South Atlantic Ocean. Previous reconstructions of the dynamics of the Agulhas Current, based on paleo-sea surface temperature and sea surface salinity proxies, inferred that Agulhas leakage from the Indian Ocean to the South Atlantic was reduced during glacial stages as a consequence of shifted wind fields and a northwards migration of the subtropical front. Subsequently, this might have led to a buildup of warm saline water in the southern Indian Ocean. To investigate this latter hypothesis, we reconstructed sea surface salinity changes using alkenone δD, and paleo-sea surface temperature using TEXH86 and UK'37, from two sediment cores (MD02-2594, MD96-2080) located in the Agulhas leakage area during Termination I and II. Both UK'37 and TEXH86 temperature reconstructions indicate an abrupt warming during the glacial terminations, while a shift to more negative δDalkenone values of approximately 14‰ during glacial Termination I and II is also observed. Approximately half of the isotopic shift can be attributed to the change in global ice volume, while the residual isotopic shift is attributed to changes in salinity, suggesting relatively high salinities at the core sites during glacials, with subsequent freshening during glacial terminations. Approximate estimations suggest that δDalkenone represents a salinity change of ca. 1.7–1.9 during Termination I and Termination II. These estimations are in good agreement with the proposed changes in salinity derived from previously reported combined planktonic Foraminifera δ18O values and Mg/Ca-based temperature reconstructions. Our results confirm that the δD of alkenones is a potentially suitable tool to reconstruct salinity changes independent of planktonic Foraminifera δ18O.

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Kiselova, O. I., and Y. V. Nomirovskaya. "Peculiarities of termination of the employment agreement at the initiative of the owner or the authorized authority." Legal horizons, no. 22 (2020): 58–64. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p58.

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The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law and in the manner prescribed by law. The grounds for annulation of the employment contract at the initiative of the employer can be divided into three groups: 1) related to production needs; 2) related to the identity of the employee in the absence of his fault; 3) related to the guilty actions of the employee. Termination of the employment contract at the initiative of the employer in connection with the guilty actions of the employee (committing a disciplinary offense) is through the application of disciplinary action in the form of dismissal. At the same time, both the general requirements for termination of the employment contract at the initiative of the owner or his authorized body (for example, prohibition of dismissal during temporary incapacity for work or during vacation) and the procedure for imposing disciplinary sanctions set by the Labor Code of Ukraine must be met. It was found that in each case the employer is obliged to prove the existence of appropriate grounds with appropriate evidence (these may be memos, decisions of the attestation commission, acts and materials of inspections, orders to impose disciplinary sanctions on the employee during the year, witness statements, etc.). It is determined that there is a need to legislate the list of entities that can be dismissed on additional grounds, as well as to clarify the concept of one-time gross violation of labor duties.

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Zosymenko, Oleksandr. "Managed entry agreementsas a new legal framework for access to medicines." Theory and Practice of Intellectual Property, no. 2 (July 6, 2021): 40–45. http://dx.doi.org/10.33731/22021.236550.

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Key words: managed entry agreements, availability of medicines, original medicines,purchase of medicines, medicinal immunobiological drugs The article concerns the new provisions of national legislativea legal mechanism for access to medicines, namely managed entry agreements. Theuse of managed entry agreements in European contract practice is widespread.Ukraine, in responding to the COVID-19 pandemic, has reviewed the legal mechanismsfor access to medicines contained in national legislation and had taken the firststeps towards implementing managed access agreements.Ukrainian legislation did not contain such a concept as a managed entry agreementby March 2020, and such agreement was never used in Ukrainian contract practicefor the purchase of medicines. On March 17, 2020, changes were made to the nationallegislation, namely the Law of Ukraine «On amendments to certain laws ofUkraine aimed at increasing the availability of medicines, medical products and theiraccessories, which are purchased by the person authorized to carry out purchases inthe field of health care» which were amended, in particular, to the Law of Ukraine«Fundamentals of the legislation of Ukraine on health care» and supplemented by article791 of which a managed entry agreement to national legislation was introduced. The provision of Article 79-1 of the Fundamentals of the legislation of Ukraine onhealth care regarding the parties, subject matter, content of managed entry agreementsis analysed.January 27, 2021, the Cabinet of Ministers of Ukraine adopted a decision approvingthe procedure for the negotiation, execution, modification and termination ofmanaged entry agreement. A standard form of agreement for a managed entry agreementhas been approved. The managed entry agreements procedure has been introducedin Ukraine February 15, 2021.The legal and regulatory provisions concerning managed entry agreements havebeen analysed and highlighted their particularities.

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HOERBER, THOMAS. "PSYCHOLOGY AND REASONING IN THE ANGLO-GERMAN NAVAL AGREEMENT, 1935–1939." Historical Journal 52, no. 1 (February 27, 2009): 153–74. http://dx.doi.org/10.1017/s0018246x08007358.

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ABSTRACTThis article will analyse the psychology and reasoning in the Anglo-German naval agreement and it will hence ask the following questions. First, how did preceding naval agreements influence the conclusion of the Anglo-German naval agreement. Secondly, what were the reasons for Germany to conclude it? Thirdly, what were the reasons for Britain to conclude it? Fourthly, how does it fit into the larger strategy of arms limitations? And, finally, what part did the Anglo-German naval agreement play in the overall strategy of Germany and Britain in the interwar years? In order to come to a conclusion about the reasons behind the agreement it is the thesis of this article that it is essential to include later changes and additions to the agreement. This part has been neglected in previous analyses. Particularly the reasons behind the termination shed light upon the motives for initially concluding the Anglo-German naval agreement. For the British side this article will argue that the Anglo-German naval agreements fit into this general policy line of trying to limit naval armament through international agreements and that they actually fitted into the overall British policy of bringing Germany back into the circle of European powers as an equal partner. For Hitler's Germany, it will be shown that the Anglo-German naval agreement was the abortive step toward an eternal alliance between the two Arian races.

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НAVINSKA, Elena. "LEGAL REGULATION OF THE LICENSE AGREEMENT IDENTIFICATION (CARE)." "EСONOMY. FINANСES. MANAGEMENT: Topical issues of science and practical activity", no. 1 (41) (January 2019): 201–15. http://dx.doi.org/10.37128/2411-4413-2019-1-16.

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The article deals with the procedure for certification of a life-support maintenance (care) contract in the law of Ukraine. The author analyzes its theoretical and legal basis, especially the emergence of problems and consequences of such a contract in realization the rights and interests of potential counterparties. The necessity of a notarial certificate of the contract of life maintenance on the basis of duration of the contract and its aleatore character is substantiated. The duties of the notary at the certification of the contract are as follows: clarification of the content of the contract and the value of the project submitted by them; verification of compliance of the content of the draft agreement with the intentions of the parties; establishment of a possible conflict between the draft contract and the requirements of the law. The notarial consultation consists in familiarizing with the rights and obligations of the parties: the alienator and the acquirer. The author described in detail the existing advantages and disadvantages (the problems of functioning) of this type of contract of obligatory law and highlighted the peculiarities of its action on the basis of court decisions and practice. Some problems were associated with the transfer of the real estate property to the acquirer's property, the integrity of contracting parties to the contract, the complexity of taking into account the terms of the agreement by the alienator, the element of the commissioning of the third party agreement and the peculiarities of termination of the contract in the court. The consequences of the implementation and termination of the contract of life maintenance (care) are explained. The author states that this institute of civil law needs more detailed legal regulation. The gaps in legislation on the rights and obligations of the parties are noted.

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Inayah, Inayah, and Surisman Surisman. "WORK TERMINATION DURING THE COVID-19 PANDEMIC IN THE PERSPECTIVE OF POSITIVE LAW IN INDONESIA." Legal Standing : Jurnal Ilmu Hukum 4, no. 1 (May 27, 2020): 247. http://dx.doi.org/10.24269/ls.v4i1.2682.

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The case of work termination which involves businessowners and labor happens widelyin various companies due to the Covid-19 pandemic in Indonesia. This research usesthe normative legal research method. During this Covid-19 pandemic, this worktermination is carried out to save the company and to prevent more victims. Problemswhich happen regarding work termination include the reasons for this termination andthe post-termination compensation. Work relations is a reciprocal relationship which isbased on a two-party agreement. The legal protection for work termination may becarried out during this Covid-19 pandemic. If the rights stated above are not obtainedby the workers, then they may initiate a deliberation. They may also go through conflictresolution procedures on industrial relations outside of court, based on the Republic ofIndonesia’s Constitution No. 2 of 2004.

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Simonenko, V. V. "Specific Regulation of the Termination of the Employment Agreement on Remote Work: Problems in the Past and Estimation of the Present Times." Rossijskoe pravosudie 7 (June 25, 2021): 70–79. http://dx.doi.org/10.37399/issn2072-909x.2021.7.70-79.

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The author has arranged a comprehensive analysis of the law enforcement practice developed over the past 7 years on the issue of termination of remote employment agreement for based on the additional grounds provided for by the agreement. Conclusions were drawn based on this results that may form the base for further scientific discussion related to improvement of the current legislation still providing for the possibility of establishment of the contractual grounds for dismissal for particular employees. The article includes the analysis of the new specific regulation of termination of employment relations with remote employees based on the Art. 312.8 of the Labour Code of the Russian Federation.

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Sujatmiko, Agung. "KETERKAITAN PERJANJIAN LISENSI MERK DENGAN PERJANJIAN WARALABA DAN DISTRIBUSI." Jurnal Hukum & Pembangunan 40, no. 4 (December 3, 2010): 537. http://dx.doi.org/10.21143/jhp.vol40.no4.230.

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AbstrakThe exclusive rights of trademark, consisting of the right to use and tolicense to other people to use the trademark, must be protected. The licensingof trademark is one way to protect the rights. The trademark licensing existsas the result of an contractual agreement between a licensor and a licensee.The agreement consists of, for instance, the duration; the rights andobligation of the parties; and dispute resolution. The agreement must beregistered to the trademarks office as well as the trademark. The agreementis based on contract law which parties can stablish their right andobligation. The party must obey the contract regarding with the duration,payment of royalty, termination of contract and so on. The utility ofagreement is not only to give benefit to the owner of the marks as licensor,but also to the licensee and state. The license agreement is related to afranchising and distributions hip agreement. All of the agreement give anexclusive right.

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44

Putra, I. Putu Rasmadi Arsha, I. Ketut Tjukup, and Dewa Gede Pradya Yustiawan. "Legal Protection of Labor in Employment for Termination of Employment Due to the Acquisition of the Company." Substantive Justice International Journal of Law 3, no. 1 (April 19, 2020): 36. http://dx.doi.org/10.33096/sjijl.v3i1.51.

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The emergence of competition makes companies do various things to maintain their existence and the stability of companies in the world of economy. One of the ways the company survives in the agreement is to make an acquisition. In addition to generating profits for the company that acquires the acquiring company, acquiring can also balance employment including termination of employment that is detrimental to workers. The subject matter of this research is protection for workers carried out with the approval and how to solve the problems requested by companies that carry out procurement actions. This research is normative legal research, which is assisted by field research with interview techniques. The agreement used was approval on the invitation (statute approach), conceptual agreement (conceptual approach) and case approach (case approach). Data is collected by literature study, by reading references that are used such as invitation rules, books, journals, which are related to the debate raised, then analyzed by description analysis techniques. Regarding the results obtained in Indonesia's positive law legal protection for workers resulting from acquisitions by companies still relies on the Labor Act, there is no sense of justice for workers when there are terminations due to the acquisition. Termination of employment is resolved by legal action in the form of non-litigation and legal litigation under the Settlement of Industrial Relations Disputes Act. This research is important because the labor law is far from the concept of the Pancasila legal rule in which the Pancasila legal rules always uphold public welfare and social justice in the protection of workers, workers in Indonesia are still underestimated and do not have enough space to protect.

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KIM, Ji-ahn. "A Legal Study on Termination of Merger Agreement Based on Material Adverse Change." BUSINESS LAW REVIEW 34, no. 3 (September 30, 2020): 367–89. http://dx.doi.org/10.24886/blr.2020.9.34.3.367.

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Olivera, Julieta, Laura Challú, Juan Martín Gómez Penedo, and Andrés Roussos. "Client–therapist agreement in the termination process and its association with therapeutic relationship." Psychotherapy 54, no. 1 (March 2017): 88–101. http://dx.doi.org/10.1037/pst0000099.

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Goldreich, Oded, and Erez Petrank. "The best of both worlds: guaranteeing termination in fast randomized byzantine agreement protocols." Information Processing Letters 36, no. 1 (October 1990): 45–49. http://dx.doi.org/10.1016/0020-0190(90)90185-z.

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48

Kasper, S., M. T. J. van der Meer, A. Mets, R. Zahn, J. S. Sinninghe Damsté, and S. Schouten. "Salinity changes in the Agulhas leakage area recorded by stable hydrogen isotopes of C<sub>37</sub> alkenones during Termination I and II." Climate of the Past Discussions 9, no. 3 (June 18, 2013): 3209–38. http://dx.doi.org/10.5194/cpd-9-3209-2013.

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Abstract. At the southern tip of the African shelf, the Agulhas Current reflects back into the Indian Ocean causing so called "Agulhas rings" to spin off and release relatively warm and saline water into the South Atlantic Ocean. Previous reconstructions of the dynamics of the Agulhas current, based on paleo sea surface temperature and sea surface salinity proxies, inferred that Agulhas leakage from the Indian Ocean to the South Atlantic is reduced as a consequence of changes in wind fields related to a northwards migration of ice masses and the subtropical front during glacial stages. Subsequently, this might have led to a build-up of warm saline water in the southern Indian Ocean. To investigate this latter hypothesis, we reconstructed sea surface salinity changes using alkenone δ D, and paleo sea surface temperature using TEXH86 and UK'37, from two sediment cores (MD02-2594, MD96-2080) located in the Agulhas leakage area during Termination I and II. Both UK'37 and TEXH86 temperature reconstructions infer an abrupt warming during the glacial terminations, which is different from the gradual warming trend previously reconstructed based on Mg/Ca ratios of Globigerina bulloides. These differences in temperature reconstructions might be related to differences in the growth season or depth habitat between organisms. A shift to more negative δ Dalkenone values of approximately 14‰ during glacial Termination I and approximately 13‰ during Termination II is also observed. Approximately half of these shifts can be attributed to the change in global ice volume, while the residual isotopic shift is attributed to changes in salinity, suggesting relatively high salinities at the core sites during glacials, with subsequent freshening during glacial terminations. Approximate estimations suggest that δ Dalkenone represents a salinity change of ca. 1.7–2 during Termination I and ca. 1.5–1.7 during Termination II. These estimations are in good agreement with the proposed changes in salinity derived from previously reported combined planktonic foraminifera δ18O values and Mg/Ca-based temperature reconstructions. Our results show that the δ D of alkenones is a potentially suitable tool to reconstruct salinity changes independent of planktonic foraminifera δ18O.

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Bell, Christine, and Sanja Badanjak. "Introducing PA-X: A new peace agreement database and dataset." Journal of Peace Research 56, no. 3 (March 4, 2019): 452–66. http://dx.doi.org/10.1177/0022343318819123.

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This article introduces PA-X, a peace agreement database designed to improve understanding of negotiated pathways out of conflict. PA-X enables scholars, mediators, conflict parties and civil society actors to systematically compare how peace and transition processes formalize negotiated commitments in an attempt to move towards peace. PA-X provides an archive and comprehensive census of peace agreements using a broad definition to capture agreements at all phases of peace processes in both intrastate and interstate conflict, from 1990 to 2016. These comprise ceasefire, pre-negotiation, substantive (partial and comprehensive), and implementation agreements, disaggregated by country/entity, region, conflict type, agreement type and stage of agreement totalling over 1,500 agreements in more than 140 peace and transition processes. PA-X provides the full text of agreements, and qualitative and quantitative coding of 225 categories relating to politics, law, security, development and implementation. Data can be aggregated or merged with conflict datasets, effectively providing many datasets within one database. PA-X supports new comparative research on peace agreements, but also on peace processes – enabling tracing of how actors and issues change over time – to inform understandings of conflict termination. We illustrate PA-X applications by showing that an intricate peace process history correlates with reduced likelihood of conflict recurrence, and that cumulative provisions addressing elections see the quality of subsequent post-conflict elections improve.

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Ember, Alex. "A versenytilalmi megállapodás." Debreceni Jogi Műhely 12, no. 3-4 (December 31, 2015): 20–28. http://dx.doi.org/10.24169/djm/2015/3-4/2.

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The “agreement on non-competition” is essentially the extension of the protection of the basic economic interest of the employer. While during the employment relationship several labor law provisions protect the interest of both parties, the “agreement on non-competition” is designed to protect the employer’s interests after the termination of the relationship. This means – in return for financial compensation – the former employee needs to refrain from any kind of business competition against his/her former employer. This necessarily involves financial compensation and may have several restrictions, such business or geographical area or time. The previous Labor Code did not specify for detailed regulation of the issue and the law remained rather vague. It merely referred to the fact that parties – based on their own free will – may enter into such agreement. However the new Labor Code contains explicit regulations under title XVIII of the Act as “Particular Agreements Related to Employment”. The “agreement on non-competition” belongs to the field of employment law. Unlike the previous Labor Code that categorized this possible agreement as of purely civil law in nature, the new Labor Code declares it to belong under the scope of the Labor Code. The previous regulation even ordered the provisions of the Civil Code to be applied to such agreements however the new legislation brought a conceptual change. The currently effective regulation provides for a 2-year limitation on such conduct on the employee’s part that would create competition with the employer. The exact amount of the consideration payable for this obligation remains to be decided by the parties however the Labor Code suggests that it shall be based on how difficult the applied restrictions make it for the employee to find another job with his qualifications and experience. As a basic limit the law provides that the amount shall not be less than one-third of the base wage payable for the same period of time. The “agreement on non-competition” is not to be confused with similar legal institutions. The paper points out two close similarities in the legal system. One being the employee’s obligation of confidentiality; this prevails after termination of the employment relationship as well without any time or similar restrictions and even without any financial compensation. The other one is the so called “non-compete” agreement from the field of competition law. This is applicable after takeovers where the seller shall refrain from engaging into business in the same area as the buyer. In the field of labor law the time period for the “agreement on non-competition” is up to the agreement of the parties however the new law invokes an upper limit of two years that is following the termination of the employment relationship. This is a decrease from the previous regulation that provided for a period of three years. The agreement can be modified by the consent of both parties just like the employment contract or civil law agreements. In case of violation of the agreement three cases are to be analyzed. The first is the case of the employee breaching the provisions of the contract. In this case the employee is liable for damages towards his/her former employer. The provisions of the new Civil Code and those of the Labor Code are to be applied to the damages. In the second case the employer may request an injunction to prohibit the employee from any conduct breaching the agreement while the third case involves the breach of the agreement on the employee’s part for which the rules of the Civil Code and the Labor Code are to be applied as well.

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Journal articles on the topic 'Termination by agreement'

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