Articles de revues : « Changes of contract »

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Charness, Gary, et David I. Levine. « Changes in the employment contract ? » Journal of Economic Behavior & ; Organization 47, n^o 4 (avril 2002) : 391–405. http://dx.doi.org/10.1016/s0167-2681(01)00207-4.

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Ackerley, Nikki. « Changes to my contract of employment ». Veterinary Nursing Journal 20, n^o 6 (juin 2005) : 22. http://dx.doi.org/10.1080/17415349.2005.11013364.

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Vorotyntseva, Inna, Ivanna Hranina et Maryna Pysarenko. « Comparative Legal Research on Contract Law Changes Under Covid-19 Pandemic : England, United States, Asia and Ukraine ». Ius Humani. Law Journal 10, n^o 1 (4 avril 2021) : 123–50. http://dx.doi.org/10.31207/ih.v10i1.275.

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The study aims to characterize the changes in contract law under the influence of the Covid-19 pandemic in Ukraine and the world. For this purpose, we used systemic, comparative-legal, and formal-legal methods. The paper consists of an introduction, methodology section, bibliography review, results, discussion, conclusions, and references. In the result of the study some distinctive features of changes in contract law under Covid-19 pandemic at the level of national law of Ukraine and some foreign countries were characterized and highlighted. The authors came to the conclusion that changes in contract law are typical for the countries of continental law. Instead, common law states remain resistant to changes in contract law, particularly, the force-majeure application. The reason for this lies in the specific doctrine of the common law countries, as England and the United States. These countries’ courts remain unshakable in terms of managing the contracts performance. In contrast, some Asian and European states (including Ukraine) are characterized by dynamic changes in legislation, given the pandemic situation. The paper also discusses similar institutions like hardship and frustration of purpose, which are both applicable in continental and common law countries.

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Spurgeon, D. « Quebec doctors stage protest over contract changes ». BMJ 325, n^o 7359 (10 août 2002) : 296a—296. http://dx.doi.org/10.1136/bmj.325.7359.296/a.

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White, Nancy J. « Destruction of the Contract through Material Changes ». International Journal of Construction Education and Research 2, n^o 1 (mai 2006) : 43–51. http://dx.doi.org/10.1080/15503980500519601.

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Mazé, Armelle. « Retailers' branding strategies : Contract design, organisational change and learning ». Journal on Chain and Network Science 2, n^o 1 (1 juin 2002) : 33–45. http://dx.doi.org/10.3920/jcns2002.x016.

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This article analyses the recent development by some large retailers in France of dedicated Quality Supply Chains for their food products. The major contractual innovation rests on the design of tripartite contracts between a retailer, agro-food firms and farmers' associations. In contrast to mainstream contract literature, we demonstrate that contract adaptations may reflect a mutual learning process between contractors: why do transactors write explicit contracts that they know cannot be court enforced? Empirical data are based on the joint analysis of a full set of contracts between one retailer and all its beef suppliers, and their diachronic evolution before and after the BSE crisis (the period 1993-2000). Contract design and organisational changes at the retailer level are shown to be strongly interrelated.

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Gomes Maia, Leticia, P. Matthijs Bal et Antônio Virgilio Bittencourt Bastos. « Changes to Newcomers’ Psychological Contract Over Time : The Interactive Effects of the Fulfilment of Employer and Employee Obligations ». Universitas Psychologica 18, n^o 1 (20 février 2019) : 1–13. http://dx.doi.org/10.11144/javeriana.upsy18-1.cnpc.

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The goal of this study was to examine changes in newcomers’ psychological contract over time. Based on schema theory and the post-violation model of the psychological contract, we theorized that psychological contract fulfillment is strengthening the psychological contract over time, while changes in the psychological contract are most likely to occur in a situation of low employer and employee fulfillment. In a sample of newcomers in a Brazilian public organization, we tested how the fulfillment of both employer and employee obligations explain the change in the psychological contract. The results support the hypotheses, and we found that the highest level of change in psychological contracts occurred when the fulfilments of the obligations of both parties were low. We discuss the implications for theory on the change in psychological contracts.

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Gao, Qingchen. « New Developments in Freedom of Contract in the Civil Code’s Contracts Section ». Learning & ; Education 10, n^o 2 (16 septembre 2021) : 235. http://dx.doi.org/10.18282/l-e.v10i2.2339.

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Under the new development pattern, China’s economy is facing a new turning point, respecting the autonomy of the parties, which is the inherent requirement of economic development and the endogenous logic of civil law. The freedom of contract is a late start in China, but it has developed extremely rapidly.Civil Code’s Contracts section develops freedom of contract in terms of the expansion of contract formation, softening of contract validity, and changes in contract interpretation provisions. By clarifying the new development of freedom of contract in the Civil Code, we can get a glimpse of the path chosen by the Civil Code for the modernization of our economy and its response to the main contradictions of our society.

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Esser, John P. « Institutionalizing Industry : The Changing Forms of Contract ». Law & ; Social Inquiry 21, n^o 03 (1996) : 593–629. http://dx.doi.org/10.1111/j.1747-4469.1996.tb00091.x.

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A replication of Macaulay's 1963 study of Wisconsin manufacturers shows that manufacturers are using a new type of contract to govern changed transactions and to establish new form of industrial organization. This article seeks to specify these changes and to demonstrate their theoretical significance by constructing an empirically and theoretically informed analytical framework. This framework establishes relations of meaning between discrete contracts, job shop production, and classical contract law; between openterm contracts, mass production, and neoclassical contract law; and between long-term agreements, flexible production, and a “shadow” relational contract law. It demonstrates that long-term agreements constitute a new device for governing exchange, that they are part of a broader change from mass production to flexible production, and that their distinctive features are not recognized by neoclassical contract law.

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Hart, Danielle K. « If Past is Prologue, then the Future is Bleak : Contracts, Covid–19, and the Changed Circumstances Doctrines ». Texas A&M Law Review 9, n^o 2 (mars 2022) : 347–403. http://dx.doi.org/10.37419/lr.v9.i2.2.

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At the heart of most of the systemic problems currently confronting individuals and businesses as a result of the COVID–19 pandemic is quite literally a contract. Housing. Insurance. Food. Health care. Child care. Employment. Manufacturing. Construction. Supply chains. You name it. Contracts are implicated everywhere. So make no mistake: How contract law addresses these ostensibly private contracts will have profound social consequences. If the past really is prologue, then the future is indeed bleak. The empirical study conducted for this Article establishes what the conventional wisdom has claimed for the last 70 years. More specifically, the empirical study here shows that the common law’s changed circumstances doctrines (“CCDs”)—namely, impossibility, impracticability of performance, and frustration of purpose—will generally not excuse a party from performing his obligations under a contract, regardless of the changed circumstance he alleges. Contrary to all the CCD literature that addresses this issue, this Article makes the unconventional argument that the CCDs should be more broadly available, meaning they should be more successful in excusing contract performance when triggered by catastrophic circumstances. And unlike the rest of the field, which focuses on the CCDs themselves, this Article argues that to effectively address the allocation of unforeseen risks in general and catastrophic risks like a pandemic in particular, we must reframe the legal approach to contract formation. From there, given that the solution to the changed circumstances problem preferred by courts and commentators is an explicit risk-allocation term in the parties’ contract, the solution proposed in this Article to the risk-allocation problem literally suggests itself. A risk-and-loss-allocation clause should be mandated in most contracts as a part of contract formation. The type of risk-and-loss-allocation clause and how the clause would work would depend on whether the contract is co-drafted or adhesive. Generally, the inclusion of a risk-and-loss-allocation clause would facilitate transactions and encourage contracting by ensuring that contracts remain efficient and predictable. The main difference between the risk-and-loss-allocation clause proposed here and existing contract law, of course, is who ends up bearing all the risk and loss occasioned by the catastrophic changed circumstance. To be clear, if nothing changes and our approach to contract formation remains the same as it is right now, then all of the risk and all of the attendant loss will generally be left to lie where it falls—namely, on the party trying to get out of the contract because of the changed circumstances—and this will be the result regardless of the legal theory used to justify (or demonize) the CCDs or any changes made to the doctrines themselves. But if we finally acknowledge the public aspects of contracts and contract law, namely, that they do in fact produce social consequences that extend beyond the individual contract and contracting parties, then contracts and contract law may well be part of the solutions to some of the most pressing problems currently confronting American society now and into the future.

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KIM, TAE-KWAN. « Research on contract change system in construction contracts - focusing on adjusting the contract amount due to design changes in the U.S.A - ». Dong-A Journal of International Business Transactions Law 33 (30 avril 2021) : 207–40. http://dx.doi.org/10.31839/ibt.2021.04.33.207.

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Snyder, Franklin G., Ian R. Macneil, John Kidwell, David Campbell et Rachel Arnow-Richman. « Relational Contracting In A Digital Age ; Panel Discussion ». Texas Wesleyan Law Review 11, n^o 2 (mars 2005) : 675–706. http://dx.doi.org/10.37419/twlr.v11.i2.22.

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If, as it has sometimes been argued, changes in contract rules and theory are strongly affected by changes in economic conditions, we should note that the world has changed a good deal since the early 1960s when relational contract theory began to bloom. The economic world of 2004 is very different from the world of 1964. Modern relational contract theory was born about the same time as its great theoretical competitor, the rational choice approach of the legal economists. It came before the vast changes wrought by the information revolution and the increased globalization of the economy. What has relational theory taught us over the past forty years? How has it changed and adapted in light of those great economic changes? Where is it going in the future? Those were the general topics at a panel discussion which took place June 8, 2004, at the Oxstalls campus of the University of Gloucestershire in Gloucester, England. It was part of a conference entitled, "The Common Law of Contracts as a World Force in Two Ages of Revolution," which marked the 150th anniversary of one of the most famous contracts cases of all time, Hadley v. Baxendale, and is the theme of the present Symposium. The Conference's object was to explore how the common law adapts to and influences the kind of revolutionary changes that have swept over our society in the past forty years, and which swept over England in the forty years before Hadley v. Baxendale.

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Tanaka, Hikaru, et Koki Shigenobu. « Developmental changes in contract properties of cardiac muscles. » Japanese Journal of Pharmacology 64 (1994) : 73. http://dx.doi.org/10.1016/s0021-5198(19)49963-0.

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AINSWORTH, SUSAN J. « Contract Worker Safety Study May Spur Policy Changes ». Chemical & ; Engineering News 69, n^o 18 (6 mai 1991) : 23–25. http://dx.doi.org/10.1021/cen-v069n018.p023.

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Elias, Patrick. « Changes and Challenges to the Contract of Employment† ». Oxford Journal of Legal Studies 38, n^o 4 (2018) : 869–87. http://dx.doi.org/10.1093/ojls/gqy022.

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Oleksandr, Polivodskyі. « Land lease contract. Dynamic of invalidity ». Yearly journal of scientific articles “Pravova derzhava”, n^o 31 (2020) : 249–60. http://dx.doi.org/10.33663/0869-2491-2020-31-249-260.

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The article is devoted to the issues of invalidity of land lease contracts. The author points out that the problem is important and significant both for the theory and practice. Cases on land lease contract validity contain significant part of disputes in Ukrainian business and civil courts, that demonstrates topicality of the problem and demand to the ideas, conception and solution. Author proposes considers the problem of invalidity in dynamic, in accordance to the sequences of legal facts and conditions that are related to invalidity of contracts, proposes his own phases of invalidity (preceding or preparation; committing contract; executing contract; contestation of validity of the contract; legal consideration and application of effects of invalidity) as well as corresponding stages of invalidity of the contracts. In this view, the article contains analysis of legislation and it’s specific in aspect that is related to the issues of invalidity of land lease contract. The author made analysis of literature proposes changes to legislation on invalidity of land lease contract. The author points out that form of the land lease contract is not conditioned by registration of rights and contract itself, meanwhile, parties agreed another conditions/ Among others, the author proposes consider land lease contract as real contract (not consensual), that committed at the moment of signing, proposes application of the principle of legitimate expectations to relations that are related to invalidity agreement and proposes changes to legislation.

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Možina, Damjan. « Raskid ugovora : Skica i Zakon o obligacionim odnosima ». Anali Pravnog fakulteta u Beogradu 70, n^o 5 (29 décembre 2022) : 517–42. http://dx.doi.org/10.51204/anali_pfbu_22mk17a.

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The paper presents an analysis of the regulation of termination of contract due to a breach in the Yugoslav Law on Obligations (1978) and the Draft Code on Obligations and Contracts (1969), prepared by Mihailo Konstantinović. In the area of termination of contract, Konstantinović’s primary source of inspiration was the Uniform Law on the International Sale of Goods (ULIS, 1964). The regulation of breach of contract in the Draft Code is not based on a uniform notion of breach of contract, rather, there are different types of breaches: non-performance (debtor’s default), defective performance, and impossibility of performance. The Legislative Commission, making changes to the Draft Code, retained its structure, including the regulation of different types of breaches, but made changes with regard to termination of contract. Compared to modern model laws, these changes represent some of the key shortcomings of the regulation of this area in the Law on Obligations.

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Teegerstrom, Trent, Gerard D’Souza, Phillip Osborne et Kezelee Jones. « To Contract or Not to Contract ? A Decision Theory and Portfolio Analysis of Cattle Contract Grazing ». Agricultural and Resource Economics Review 26, n^o 2 (octobre 1997) : 205–15. http://dx.doi.org/10.1017/s1068280500002677.

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Contract grazing is compared with retained ownership of cattle using two frameworks—decision theory and portfolio analysis. The study area is West Virginia. Contracting is optimal under a wide range of price and weather scenarios and decision criteria. It also dominates other alternatives based on labor efficiency measures. The optimal portfolio consists of contract grazing and pasture rental, with the results insensitive to small changes in contract grazing returns. The decision theory and portfolio analyses are complementary; together, the two sets of results provide a comprehensive view of the optimal production alternative. Because different agents employ different decision criteria, this approach can increase the utility of results to decision makers and contribute to better decisions.

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Manderson, Aaron, Marcus Jefferies et Graham Brewer. « Building Information Modelling and Standardised Construction Contracts : a Content Analysis of the GC21 Contract ». Construction Economics and Building 15, n^o 3 (31 août 2015) : 72–84. http://dx.doi.org/10.5130/ajceb.v15i3.4608.

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Building Information Modelling (BIM) is seen as a panacea to many of the ills confronting the Architectural, Engineering and Construction (AEC) sector. In spite of its well documented benefits the widespread integration of BIM into the project lifecycle is yet to occur. One commonly identified barrier to BIM adoption is the perceived legal risks associated with its integration, coupled with the need for implementation in a collaborative environment. Many existing standardised contracts used in the Australian AEC industry were drafted before the emergence of BIM. As BIM continues to become ingrained in the delivery process the shortcomings of these existing contracts have become apparent. This paper reports on a study that reviewed and consolidated the contractual and legal concerns associated with BIM implementation. The findings of the review were used to conduct a qualitative content analysis of the GC21 2nd edition, an Australian standardised construction contract, to identify possible changes to facilitate the implementation of BIM in a collaborative environment. The findings identified a number of changes including the need to adopt a collaborative contract structure with equitable risk and reward mechanisms, recognition of the model as a contract document and the need for standardisation of communication/information exchange.

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Divljak, Drago. « Changes to the concession contract in the European Union law ». Zbornik radova Pravnog fakulteta, Novi Sad 55, n^o 4 (2021) : 1025–43. http://dx.doi.org/10.5937/zrpfns55-35433.

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The subject of legal analysis in the paper is a narrow, but very important and specific legal segment, namely the change of the concession contract during its validity. The consideration is based on the analysis of the relevant EU law, with the appropriate use of practice of the Court of Justice of the EU. The ultimate goal was to evaluate the situation of the current EU law, both at the conceptual plan, and in details. The emphasis was in the nature, scope and conditions for changes to the contract and their implications. The paper concludes that the legal regulating of the changes to the concession contract is not an easy task for the regulator. In particular having in mind that this contract cannot be seen only through the prism of internal legal relations between the concession participants, without implications for the third persons and other interests. In such a context the optimum regulating of changes to the concession contract requires a layered legal architecture, mutually coherent, sufficiently clear and predictable, and yet relatively flexible. In that respect, the Directive 2014/23EU, manages to meet the given requirements up to the highest extent in methodological sense and both in terms of regulating and in terms of content. However, due to its generality, most of the given regulation will require specifying through national regulations in the EU Member States, and primarily in the practice of the Court of Justice of the EU. This primarily refers to significant changes to the concession contract.

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Schuhmann, Ralph. « Quo Vadis Contract Management ? » European Review of Contract Law 16, n^o 4 (26 novembre 2020) : 489–510. http://dx.doi.org/10.1515/ercl-2020-0027.

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AbstractThe progressive automation of management and production processes is increasingly affecting the way contracts are handled. Although for contract automation more concepts are currently being discussed than actually applied, the outlines of what will be possible in the future have become apparent. They raise the questions of what challenges contract handling will have to cope with in the future and whether the concept of contract lifecycle management (CLM) provides a suitable framework for this task. To give answers to these questions, the present article analyses the impact of the pull-effects of new forms of business and the push-effects of technology on the function, content, representation and usage of contracts. The results indicate that these developments entail major changes in the way contracts are handled and that the CLM concept will only be able to address them with considerable adjustments.

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Toth, Kristof. « 2021/22 Changes in the freedom of contract in employment contract law during a pandemic (HU) ». European Employment Law Cases 6, n^o 2 (juillet 2021) : 117–19. http://dx.doi.org/10.5553/eelc/187791072021006002011.

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Чернякова, Светлана, et Svetlana Chernyakova. « Contract enforcement for the contract for government needs ». Services in Russia and abroad 8, n^o 9 (24 décembre 2014) : 195–206. http://dx.doi.org/10.12737/10808.

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The article investigates the problems in the legal regulation of relations in the field of contract work for state needs. Served as the basis for studies, the Federal Law № 44-FZ "On the contract system in the procurement of goods, works and services for state and municipal needs", which significantly changes the procedure for determining the contractors for the contract to perform works for the needs of the Russian Federation and its subjects . An exhaustive list of the types of trades that can be divided according to the following criteria: possible involvement in the definition of contractor: competition may be open, closed, competition with limited participation and closed tender with limited participation; as the form of the auction for the legislator directly calls only closed auction; in the form of placement: unlike the competition, the auction is possible in electronic form, depending on the number of stages of the competition can be carried out in two stages (two-stage competition) auction is always one step. Described in detail is the mechanism of bidding and auctions, and the author focuses attention on the selection of contractors performing work of good quality and others. Main factors that enable customers of construction works to ensure proper quality refer to the possibility of establishing additional requirements for the qualification of the contractor, the ability to perform work due to specification, material and technical base. Described are general requirements for all participants of the state order.

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Spurgeon, Peter, Carolyn Hicks, Stephen Field et Fred Barwell. « The new GMS contract : impact and implications for managing the changes ». Health Services Management Research 18, n^o 2 (1 mai 2005) : 75–85. http://dx.doi.org/10.1258/0951484053723108.

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Background: In February 2003, a new General Practitioner (GP) contract was agreed between the profession's leaders and the government, which was later accepted following a national ballot of GPs. However, the ballot simply required respondents to vote for or against the proposal; it did not provide any opportunity to identify which aspects of the new contract were more or less acceptable. Since the proposed changes were far reaching, the implications of implementing and managing these were considerable. Consequently, some information about how GPs viewed various components of the new contract would enable a more targeted and effective management strategy to be developed that would facilitate the introduction of all aspects of the contract. Objectives: To survey GPs working within the West Midlands region regarding their opinions on each of the key features of the new contract. Method: A postal survey of 360 GPs was undertaken, using a specially devised questionnaire. Results: Four factors emerged as the most acceptable aspects of the contract: option to opt out of out-of-hours work, flexibility in the services provided, prediction of future income levels and linking practice to performance targets. Least acceptable were: performance monitoring systems, the new financial formula for calculating income, greater patient involvement in service development and 24/48 hour access. With regard to potential outcomes of the contract, the most positive were considered to be increased proportion of salaried GPs, increased salaries, appropriate quality standards for care, earlier retirement; the factors least likely to be of potential benefit were: reduction in occupational stress, simplification of the regulatory framework, improved equity of workload and improved staff retention. Further analysis of the results using inferential statistics revealed a range of subgroup differences in reaction to the contract. Conclusion: Overall, those aspects of the new contract that are perceived to reduce workload and enhance salary were supported, while those that increase targets and bureaucracy were not. Generally, there was only moderate support for the changes, which could be explained by a general scepticism about any top-down modifications, the practicality and power of the changes to impact upon practice and/or a genuine belief that the modifications are unacceptable. Taken together, these results provide an indicative focus for managing the implementation of the new contract, especially with regard to its least acceptable components and the emerging differences between subgroups of GPs.

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Wang, Yuqing. « On Substantive Changes to Contracts Under the United Nations Convention on Contracts for the International Sale of Goods ». Studies in Law and Justice 2, n^o 1 (mars 2023) : 19–25. http://dx.doi.org/10.56397/slj.2023.03.03.

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First of all, it is important to clarify the premise that the most fundamental basis for the sale and purchase of goods between the international community and countries is in fact the contract for the sale and purchase of goods concluded between the buyer and the seller, and that this contract is the basis for the clarification of their rights and obligations between the parties and for the act of performance. The contract shall be formed on the basis of the act of offer and promise between the parties, so that the validity of the offer and promise has a direct influence on the formal formation of the contract and the subsequent act of sale and purchase of goods. National laws differ as to whether a promise must be identical to an offer. For example, in the common law system there is the well-known “mirror image principle”, which requires a high degree of conformity. Article 19 of the United Nations Convention on Contracts for the International Sale of Goods (CISG), however, provides for this in three main clauses. [i]Even though national laws and international treaties such as the CISG contain specific provisions on offers, promises and material changes to contracts, there is still much uncertainty in practice. This essay will extend the discussion of material change in contracts through a specific international trade case and will focus on the CISG provisions on material change in contracts and their content. Chapter 3 will provide reflections on material change based on the first two papers.

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Taraszkiewicz, Magdalena. « Changing a contract in the case of a public procurement in light of the Public Procurement Law of September 11, 2019 ». Prawo Budżetowe Państwa i Samorządu 10, n^o 3 (23 janvier 2023) : 25–40. http://dx.doi.org/10.12775/pbps.2022.015.

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One of the basic principles of the Public Procurement Law, regulated in Article 17(2), provides that “The contract is awarded to the contractor selected in accordance with the provisions of the Act”. However, this does not mean that it cannot be changed after the signing of a public procurement contract. Frequently, the contractor, for reasons beyond his control, is not able to complete the subject of the public procurement on time. In addition, it may also be necessary to perform additional activities and even change the contractor. However, it should be remembered that in the case of making changes to the content of the public procurement contract, the content of Articles 454–455 of the Public Procurement Law should be considered. The purpose of this article is to analyse the provisions of law, doctrine and jurisprudence regarding the admissibility of making changes to the public procurement contract. The Author will try to answer the following questions: 1) “What changes to the public procurement contract can be considered significant?” and 2) “In which cases is it permissible to make changes to the public procurement contract?” The article was prepared using non-reactive research methods, dogmatic-legal and legal-comparative.

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Ivančević, Katarina. « Disclosure duties in insurance contract ». Pravni zapisi 12, n^o 1 (2021) : 184–212. http://dx.doi.org/10.5937/pravzap0-31897.

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In this paper, the author considers issues related to the pre-contractual obligation of the insurance policyholder to report to the insurer circumstances significant for the risk assessment. The aim of this paper is to compare the provisions of the The Law on Contract and Torts (LCT), proposals for changes in Serbian law envisaged in the Preliminary Draft of the Civil Code of the Republic of Serbia with solutions from comparative law and the provisions of the Principles of European Insurance Contract Law (PEICL). The analysis showed that it is necessary to update the solutions from the LCT and that the proposed changes, in terms of special rules regarding the obligation to report circumstances relevant to risk assessment to the insurer, are largely in line with modern solutions in comparative law and PEICL. The author points out that the proposed solutions can be supplemented and improved.

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Candra, Achmad Beni. « Implications of Changing the Terminology of a Contract of Work to a Mining Business Permit for Mineral and Coal Mining ». Journal of Law and Legal Reform 3, n^o 2 (30 avril 2022) : 215–42. http://dx.doi.org/10.15294/jllr.v3i2.55214.

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The existence of a paradigm that has changed from being young to investing has created various opinions on Law Number 3 of 2020 concerning Minerals and Coal. So it is necessary to make a comprehensive study that examines the implications of changing the terminology of a contract of work to a mining business permit (IUP). For this reason, researchers can formulate two problem formulations, first, how are the differences between contracts of work and mining business permits (IUP) in Indonesia. Second, what are the implications of changing the contract of work into a mining business permit (IUP) for mineral and coal mining in Indonesia? This research is normative juridical research using a statutory approach and a conceptual approach. The results show that the term contract of work has a long history with changing regulatory concepts, wherein Law Number 3 of 2020 there is a cut in regional authority, as well as a change in the contract of work regime which was changed to a mining business permit regime. These changes also have implications for the economic, social, cultural, and environmental sectors. Therefore, the central government must be able to ensure that these changes are also able to have a positive impact on the welfare of the people in the region, both economic, social, and cultural welfare region.

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Andrianova, Natalya, et Polina Nechaeva. « Intelligent Contracts in Engineering Enterprise Supply Management ». Bulletin of Kemerovo State University. Series : Political, Sociological and Economic sciences 2021, n^o 4 (12 janvier 2022) : 496–505. http://dx.doi.org/10.21603/2500-3372-2021-6-4-496-505.

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Intellectual contracts based on blockchain technology improve the efficiency of supply management of an automobile enterprise by optimizing the transactional costs of supply logistics. The present research featured KAMAZ PTC. The goal was to develop an interaction mechanism for all participants of an intellectual contract in supply activities. The article includes a review of Russian and foreign publications about intellectual contracts in various business spheres, supply management efficiency, optimization of transactional costs, and blockchain technology. The study made it possible to build an interaction mechanism of the parties involved in a blockchain intellectual contract. It also revealed a pattern of changes introduced to the intellectual contract at different stages of interaction between the initiator and suppliers. The authors also highlighted the difference between smart contract and intellectual contract. An intellectual contract appears as a logical development of a smart contract and allows the sides to change the terms. The party interaction mechanism can improve the supply efficiency as it optimizes the magnitude of transactional costs.

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Battigalli, Pierpaolo, et Giovanni Maggi. « Rigidity, Discretion, and the Costs of Writing Contracts ». American Economic Review 92, n^o 4 (1 août 2002) : 798–817. http://dx.doi.org/10.1257/00028280260344470.

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In this paper we model contract incompleteness “from the ground up,” as arising endogenously from the costs of describing the environment and the parties' behavior. Optimal contracts may exhibit two forms of incompleteness: discretion, meaning that the contract does not specify the parties' behavior with sufficient detail; and rigidity, meaning that the parties' obligations are not sufficiently contingent on the external state. The model sheds light on the determinants of rigidity and discretion in contracts, and yields rich predictions regarding the impact of changes in the exogenous parameters on the degree and form of contract incompleteness.

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van Rosmalen, Karel M. A. « Strategic Alliances, from Contract to Organization ». Industry and Higher Education 12, n^o 3 (juin 1998) : 139–46. http://dx.doi.org/10.1177/095042229801200303.

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The author compares recent developments in the strategy of multinationals with current changes in the way in which universities think about their activities. Universities, he argues, resemble multinational cooperations more than would appear to be the case at first glance. He then analyses the aspects of these parallel changes which promise new opportunities for university–industry relations, using an interactive model of knowledge transfer. Against the background of this analysis, he considers the experiences of Utrecht University in the context of strategic alliances and other types of public–private cooperation. In conclusion he argues that the successful exploitation of knowledge depends on new types of organization rather than the currently widespread forms of contracts and agreements.

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Ruan, Jian, Su Lin Pang et Guo Ping Nong. « Managing B2B-Supply Chain with Option Contract under Disruptions ». Advanced Materials Research 476-478 (février 2012) : 534–37. http://dx.doi.org/10.4028/www.scientific.net/amr.476-478.534.

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By establishing an option contract model under disruptions in chronological order, we analysis the optimum decision variables and application of option contract to manage the changes in the supply chain benefits which result from the changes of market demand distribution under disruptions, and get optimal strategies. The conclusion is the option contract to supply chain members to achieve shared interests and risks, effective response the changes in market demand with B2B E-markets under disruptions. Finally the conclusion is verified by numerical example.

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Rytelewska, Aleksandra. « Contracts in business transactions according to Polish law ». Pravovedenie 65, n^o 2 (2021) : 166–82. http://dx.doi.org/10.21638/spbu25.2021.203.

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The article aims to familiarize the Russian reader with the issue of contracts concluded by professional entities (entrepreneurs) under the Polish legal system. Undoubtedly, the majority of all contracts concluded by private law bodies are trade contracts. It should be noted that the concept of trade contracts covers contracts in which both parties are professionals as well as those in which only one of the parties acts as an entrepreneur conducting their business. The article discusses 8 contracts as follows: contract of agency, contract of consignment, contract of carriage, contract of forwarding, bailment, contract of storage, delivery contract and leasing contract. They are a compilation of typical contracts traditionally concluded in business transactions. Their choice was determined both by the scale of their use in practice and their importance for commercial activity. At the same time, as highlighted in the paper, due to the freedom of contract principle under the Polish law of obligations, these contracts may be (and often are) used as model solutions that entrepreneurs will rely on when entering into legal relations that are not explicitly indicated in the Polish legal system (so-called unnominated contracts). In conclusion, attention is drawn to the challenges the Polish legislator faces today in the field of contract law due to contemporary economic changes. Furthermore, the threats posed by both excessively strict legislation and a lack of proper regulation are identified along with a recommended solution aimed at reconciling these diverging positions. According to this suggestion, in order to grant a normative form to unnominated contracts, commonly concluded in business transactions, concrete measures should be taken only in the form of guidelines, non-binding proposals that can be used by entrepreneurs to guarantee a minimum level of protection for parties to such contracts.

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Skd, Fikri Farokhi, et Sanusi Sanusi. « APPLICATION OF HARDSHIP RULE UNDER THE UNIDROIT PRINCIPLES OF INTERNATIONAL COMMERCIAL CONTRACTS IN INDONESIA ». Student Journal of International Law 2, n^o 1 (23 août 2022) : 85–105. http://dx.doi.org/10.24815/sjil.v2i1.21739.

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This article examines the concept of hardship rule based on the UNIDROIT Principles of International Commercial Contracts (hereinafter called UPICC) and how it compares with force majeure regulated by the Indonesian Civil Code (hereinafter called ICC), as well as to analyze how it is applied in the Indonesian court decisions. This study uses a normative legal research method. The study shows that the meaning of the hardship rule under the UPICC is an event that has fundamentally changed the balance of a contract, resulting in a very high implementation value for the party performing, or the value of the implementation of the agreement is drastically reduced for the receiving party. Hardship and force majeure both occur in circumstances that preclude the obligation to perform that cannot be anticipated in advance, and the fault of either party does not cause the situation. The hardship rule emphasizes changes in circumstances by one of the parties to the contract caused by the contract value that changes significantly, causing significant losses for one of the parties, and hardship offers renegotiation for the parties. Meanwhile, force majeure is emphasized when the parties are unable to carry out all or part of the agreed performance which is generally caused by natural and social events, and force majeure offers contract suspension and termination of the contract. Indonesia has implicitly implemented this hardship in the legal system by referring to the principle of justice.

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Perdreau, Frédéric, et Marc Fréchet. « Learning, contractual capabilities, and contract duration changes in franchise networks ». Journal of Retailing and Consumer Services 64 (janvier 2022) : 102777. http://dx.doi.org/10.1016/j.jretconser.2021.102777.

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Mirza, Sabina. « When a practice owner makes changes to your associate contract ». BDJ In Practice 34, n^o 10 (octobre 2021) : 29. http://dx.doi.org/10.1038/s41404-021-0911-4.

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Leslie, Gavin D. « New journal contract herald's significant changes for Australian Critical Care ». Australian Critical Care 29, n^o 3 (août 2016) : 125. http://dx.doi.org/10.1016/s1036-7314(16)30043-1.

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Shojaei, Abdorreza. « Validity of Open Contract in International Trade Law ». Journal of Politics and Law 10, n^o 2 (28 février 2017) : 241. http://dx.doi.org/10.5539/jpl.v10n2p241.

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Open contracts are agreement whereby parties of the contract can insert terms and conditions in the contract, delete them, or revise them. Some contracts for the supply of goods or construction are examples of such contracts. One party (usually a contractor or seller) can have many initiatives by increasing and decreasing the price or by changing elements of the contract. Certainly, there are many reasons, motives, and important goals in creating this type of conventions and its acceptance by the legal community. Discovery of these reasons and the goals leads to fundamental changes and definition of this type of contract could be a major driver of reform in Iranian contract laws, as Iranian community prefers to use example or pre-specified forms of contracts. Therefore, referring to the Principles of European Contract Law and implementation of the legal provisions, legal doctrines, and jurisprudence, presentation of new concepts such as open contract as well as analysis of its nature, validity, and effects leads to establishment of grounds for accepting new contractual frameworks and its localization of contractual rights in Iran because it has been rejected due to traditional perspectives. It may result in legislation to pave the way for solving many legal problems in specialized issues such as oil contracts. In this regard, in addition to genealogy of open contract, this article aims to examine its types and its effects legally in the laws of countries like Iran and European countries.

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Raj, Shekar, Jan‐Bertram Hillig et Will Hughes. « Responsiveness to change by standard‐form contract drafters in the construction industry ». International Journal of Law in the Built Environment 1, n^o 3 (2 octobre 2009) : 205–20. http://dx.doi.org/10.1108/17561450911001261.

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PurposeThe purpose of this paper is to focus on the Fédération Internationale des Ingénieurs‐Conseils (FIDIC) White Book standard form of building contract. It tracks the changes to this contract over its four editions, and seeks to identify their underlying causes.Design/methodology/approachThe changes made to the White Book are quantified using a specific type of quantitative content analysis. The amended clauses are then examined to understand the nature of the changes made.FindingsThe length of the contract increased by 34 per cent between 1990 and 2006. A large proportion of the overall increase can be attributed to the clauses dealing with “conflict of interest/corruption” and “dispute resolution”. In both instances, the FIDIC drafting committees have responded to international developments to discourage corruption, and to encourage the use of alternative dispute resolution. Between 1998 and 2006, the average length of the sentences increased slightly, raising the question of whether long sentences are easily understood by users of contracts.Research limitations/implicationsQuantification of text appears to be particularly useful for the analysis of documents which are regularly updated because changes can be clearly identified and the length of sentences can be determined, leading to conclusions about the readability of the text. However, caution is needed because changes of great relevance can be made to contract clauses without actually affecting their length.Practical implicationsThe paper will be instructive for contract drafters and informative for users of FIDIC's White Book.Originality/valueQuantifying text has been rarely used regarding standard‐form contracts in the field of construction.

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Shoniya, G. V. « Employment Contract in France ». Actual Problems of Russian Law, n^o 7 (1 juillet 2018) : 224–31. http://dx.doi.org/10.17803/1994-1471.2018.92.7.224-231.

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The article examines some issues of the institution of the employment contract in France. The author examines the concept of an employment contract in the 1980s of the last century and in the present period, draws attention to the changes and reforms of labor legislation that have been carried out in recent years. At the end of the article, the author summarizes the results of the analysis and suggests conclusions. It is noted that the experience of French legislation, taking into account the diversity and specificity of labor of various categories of workers and forms of employment, deserves attention and study. This will allow the Russian legislator to take into account both positive and negative aspects for its implementation during lawmaking in the sphere of labor law, which eventually will ensure greater effectiveness of such an institution as an employment contract.

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Beatty, Anne, et Joseph Weber. « The Effects of Debt Contracting on Voluntary Accounting Method Changes ». Accounting Review 78, n^o 1 (1 janvier 2003) : 119–42. http://dx.doi.org/10.2308/accr.2003.78.1.119.

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This study examines whether the provisions of a firm's bank debt contracts affect its accounting choices. Starting with a sample of firms who have bank debt and who also voluntarily changed accounting methods, we investigate whether the likelihood that the change in accounting method increased (rather than decreased) the borrower's income depends on (1) whether the change in accounting method affects the bank debt contract calculations, (2) the expected costs of violating the bank debt covenants, (3) whether performance pricing provisions affect the interest rate on the loan, and (4) whether the bank debt contract contains accounting-based dividend restrictions. After controlling for other motives for changing accounting methods, we find that borrowers whose bank debt contracts allow accounting method changes to affect contact calculations are more likely to make income-increasing rather than income-decreasing changes. This increase in likelihood of an income-increasing change is attenuated when expected costs of technical violation are lower because there is a single lender, and occurs for borrowers whose debt contacts have performance pricing and dividend restrictions. These results suggest that incentives to lower interest rates through performance pricing or to retain dividend payment flexibility influence borrowers' accounting method choices, thereby addressing the fundamental questions posed by Fields et al. (2001) of whether, under what circumstances, and how accounting choice matters.

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Pedamon, Catherine. « Judicial Interpretation of Commercial Contracts in English and French Law : A Comparative Perspective ». European Business Law Review 32, Issue 6 (1 décembre 2021) : 1093–124. http://dx.doi.org/10.54648/eulr2021040.

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In this paper, I consider whether the recent overhaul of French contract law via ordonnance No 2016-131 of 10 February 2016 has changed the principles of judicial interpretation of commercial contracts, and how these compare with the principles in English law. One of the questions I ask is whether the traditional dichotomy between the French subjective approach and the English objective one has been altered now that the objective principle of interpretation has been incorporated in the Code civil. I explore how both jurisdictions deal with the main aspects of judicial interpretation, such as the nature of the interpretative question and the purpose and scope of contractual interpretation. Similarities emerge that show a rapprochement between these judicial approaches. Naturally, differences persist, which reflect distinct contract law values embedded in each legal order. Even if the ordonnance No 2016-131 has only introduced in appearance small changes to the provisions relating to interpretation, French courts now have the interpretative tools to follow in the footsteps of English courts when interpreting professionally drafted commercial contracts. An emerging coalescence around an objective literal interpretation in a sophisticated business setting is to be welcomed as it enhances commercial certainty across borders. Contractual interpretation, commercial contracts, principles of interpretation, subjective interpretation, objective interpretation, contextualism, textualism, English contract law, French contract law

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Doulabi, Behnaz Zandieh. « Examining the "Guarantor" Rule in New Contracts (Insurance) ». International Journal of Multicultural and Multireligious Understanding 8, n^o 4 (3 avril 2021) : 108. http://dx.doi.org/10.18415/ijmmu.v8i4.2429.

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The extent of transactions, in human societies and the non-monopoly of a particular class or individual, and the emergence of new transactions, protecting the financial rights of individuals and informing them of the obligations and financial responsibilities affected by these transactions, requires laws and regulations. If a correct contract is not a guarantee, its corrupt one is not a guarantee. With the emergence of changes in human society and the expansion of trade and economic relations, new issues arose which undoubtedly had new jurisprudential and legal effects. These new issues are called in transactions and trade with different titles. They are interpreted as emerging issues or contracts in order to observe the brevity of the new contracts due to their importance and comprehensiveness, this article has examined only the insurance contract, which has not been discussed in the ancient texts, but contemporary jurists have examined it, and some have considered it an independent contract and some They have considered it in one of the chapters of jurisprudence. The method of data collection in this writing is library and the research method is descriptive-analytical. Although this contract is similar to some specific contracts, it is not an example of any of them. Therefore, some jurists have mentioned insurance as an independent contract. By stating the definition of this contract and the views of the jurists in expressing its place among the contracts, the inclusion of the rule in this contract becomes clear.

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Herbert, John H. « Do Changes in Natural Gas Futures Prices Influence Changes in Natural Gas Spot Prices ? » Energy Exploration & ; Exploitation 11, n^o 5 (octobre 1993) : 467–72. http://dx.doi.org/10.1177/014459879301100506.

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Data on natural gas futures and spot markets are examined to determine if variability in price on futures markets influences variability in price on spot markets. Using econometric techniques, it is found that changes in futures contract prices do not precede changes in spot market prices.

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Shymanska, Oksana. « Theoretical framework of optimal contracts (Nobel Prize in Economics 2016 awarded to Oliver Hart and Bengt Holmström) ». Herald of Ternopil National Economic University, n^o 3(89) (10 octobre 2018) : 126–37. http://dx.doi.org/10.35774/visnyk2018.03.126.

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The article considers Oliver Hart and Bengt Holmström’s contributions to the development of contract theory. The contributions are represented by studies on the nature of optimal contract in view of motivation of contract agents and factors that affect their motivation. A particular attention is placed on the practical utility of the research done by Nobel Laureates in Economic Sciences 2016 that have fostered further studies on the theory of the firm, corporate finance, management, labour economics and the public sector, political science and law. The new theoretical tools created by O. Hart and B. Holmström serve for analysis of financial terms of contracts and for the distribution of supervisiory rights, property rights and decision-making rights. It is emphasized that O. Hart and B. Holmström’s contributions to the field of contract theory present formal treatment of motivation issues, moral hazard and incomplete contracts. The role of contracts in managing future interactions and ensuring conditions for establishing high-quality institutions is recognized. It is pointed out that the contract theory reveals working mechanisms of institutions, and presents potential hazard that may arise when new contracts are being drafted. Particular attention is paid to positioning of the contract theory within the theory of economic organization and the economic theory of information that is aimed at developing models with asymmetric information and taking into account non-observable actions. Real situations, game models and contract structure with the distinction between complete and incomplete contracts are examined (based on the informativeness principle). The performance of multi-task model and career-growth model in the contract theory is outlined. The paper analyzes the impact of the contract theory on changes in approaches to analyzing corporate relationships, which were previously based on the trade-off theory that includes balancing between the reduction of tax payments and corporate debt servicing.

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Beke-Trivunac, Jozefina. « Time value of money and contract revenues ». Revizor 24, n^o 95-96 (2021) : 111–17. http://dx.doi.org/10.5937/rev2196111b.

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Apkon, M., R. A. Weed et W. F. Boron. « Motor responses of cultured rat cerebral vascular smooth muscle cells to intra- and extracellular pH changes ». American Journal of Physiology-Heart and Circulatory Physiology 273, n^o 1 (1 juillet 1997) : H434—H445. http://dx.doi.org/10.1152/ajpheart.1997.273.1.h434.

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Alkalizing perivascular fluid constricts, whereas acidification dilates, cerebral arterioles. It is not known whether vascular smooth muscle cells (VSMCs), endothelium, or neuronal elements sense pH changes. We hypothesized that VSMCs themselves transduce extracellular pH (pHo) changes. We examined the motor responses of cultured adult rat middle cerebral arterial VSMCs during pHo and intracellular pH (pHi) changes. Motor responses were inferred from the deformation pattern of a silicone substratum, dimethylpolysiloxane, which wrinkles as cells contract. pHi was measured with 2',7'-bis(2-carboxyethyl)-5(6)-carboxyfluorescein. Cultured VSMCs retained motor responses to vasoconstrictors (5-hydroxytryptamine and K+), and to sodium nitroprusside, which were typical of intact arterioles. VSMCs contracted with increasing and relaxed with decreasing pHo. Hypocapnia contracted VSMCs when the pHo increased, and hypercapnia relaxed VSMCs when the pHo decreased. However, at a constant pHo, changes in PCO2 caused opposite responses despite equivalent changes in pHi. Thus VSMCs contract with increased pHo and relax with decreased pHo just as intact arterioles do. These responses do not reflect changes in pHi or PCO2. pHi changes paradoxically alter VSMC tone in the direction opposite that caused by pHo changes.

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Buckman, L. « Changes to the GP contract threaten general practice in the UK ». BMJ 345, oct31 1 (31 octobre 2012) : e7343-e7343. http://dx.doi.org/10.1136/bmj.e7343.

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SABIRAU-PÉREZ, Marie-Agnès. « Changes of the law applicable to an international contract of employment ». International Labour Review 139, n^o 3 (septembre 2000) : 335–57. http://dx.doi.org/10.1111/j.1564-913x.2000.tb00207.x.

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COX, I. D., J. P. MORRIS, J. H. ROGERSON et G. E. JARED. « A quantitative study of post contract award design changes in construction ». Construction Management and Economics 17, n^o 4 (juillet 1999) : 427–39. http://dx.doi.org/10.1080/014461999371358.

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