Relevant bibliographies by topics / Contract law

Contents

  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Contract law'

Author: Grafiati
Published: 4 June 2021
Last updated: 11 January 2025

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Journal articles on the topic "Contract law"

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Sacco, Rodolfo. "Contract Contrat Vertrag." European Review of Private Law 7, Issue 2 (June 1, 1999): 237–40. http://dx.doi.org/10.54648/241844.

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Honigsberg, Colleen, Sharon Katz, and Gil Sadka. "State Contract Law and Debt Contracts." Journal of Law and Economics 57, no. 4 (November 2014): 1031–61. http://dx.doi.org/10.1086/680934.

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Garg, Anuj. "A Comparative Analysis of Contract Law in Common Law and Civil Law Jurisdictions." Indian Journal of Law 1, no. 1 (November 10, 2023): 61–70. http://dx.doi.org/10.36676/ijl.2023-v1i1-08.

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Contract law's key tasks include the creation, interpretation, and enforcement of agreements between parties. As a result, contract law is seen as an essential component of all types of legal systems. However, due to the distinct historical, cultural, and judicial contexts of common law and civil law states, the development of contract law has taken a different path in each of these jurisdictions. A comparison is made between the core ideas, central concepts, and different approaches that are characteristic of contract law in common law and civil law regimes. the beginnings and development of contract law within the context of both the common law and the civil law legal systems. the development of contractual ideas, shedding light on the various foundations that continue to have an impact on contemporary legal philosophy, and making reference to the legacy left behind by the Roman law tradition and the English common law history. a comparison and contrast of the impact of reasoning based on precedent in common law and codified statutes in civil law is used to illustrate the various techniques that are used to govern the interpretation and adjudication of contracts.
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Guenther, James E. "Contract Law." Journal of Veterinary Emergency and Critical Care 11, no. 4 (December 2001): 306–7. http://dx.doi.org/10.1111/j.1476-4431.2001.tb00070.x.

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Сомова, Елизавета, and Elizaveta Somova. "SMART CONTRACT IN CONTRACT LAW." Journal of Foreign Legislation and Comparative Law 5, no. 2 (October 15, 2019): 1. http://dx.doi.org/10.12737/art.2019.2.10.

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Savelyev, Alexander. "Contract law 2.0: ‘Smart’ contracts as the beginning of the end of classic contract law." Information & Communications Technology Law 26, no. 2 (April 7, 2017): 116–34. http://dx.doi.org/10.1080/13600834.2017.1301036.

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Zainutdinova, Elizaveta V. "Legal Issues of Smart Contracts in Contract Law." Journal of Siberian Federal University. Humanities & Social Sciences 14, no. 11 (November 2021): 1626–34. http://dx.doi.org/10.17516/1997-1370-0845.

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The research is carried out on some legal issues of smart contracts and their place in Russian and other countries’ contract law. By means of contract law such issues are analysed: 1) conclusion and performance of smart contracts’ obligations; 2) practical issues arising due to smart contracts’ use; 3) contract law provisions that might be applied to smart contracts; 4) issues that are not covered by the legislation but need to be addressed. A smart contract is considered to be a contract with the specific type of performance of obligations (automated performance). Smart contract is a contract concluded with an exchange of data (type of a written form). Smart contracts are performed with the help of automated performance and previously expressed consent of parties. It is proved that smart contracts could be modified and terminated giving a mechanism for that as well as provides for measures of defence and responsibility that could be applied for obligations out of smart contracts. As the result, provisions of smart contracts that reflect smart contracts’ place and peculiarities in contract law are formulated
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Puneri, Atharyanshah. "Comparison of The Law of Contract Between Islamic Law and Indonesian Law." Journal of Law and Legal Reform 2, no. 1 (January 4, 2021): 65–82. http://dx.doi.org/10.15294/jllr.v2i1.39036.

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In every legal transaction, contract is the crucial things that must be made between all the parties. Because the contract is the realization of the agreements between the parties. and that contract are binding the parties inside the agreements. The purpose of this paper is to analyze the law of contract from two different laws, which are Islamic Law and Indonesian Law. It can be found that there are some similarities as well as differentiation between Islamic Law and Indonesian Law when it comes to governing about contracts.
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Ulen, Thomas S. "Behavioral Contract Law." Review of Law & Economics 17, no. 2 (July 1, 2021): 281–322. http://dx.doi.org/10.1515/rle-2021-0067.

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Abstract This article explores some behavioral findings that are relevant to three areas of contract: formation, performance, and remedies. I compare the rational choice theory analysis of various aspects of contract law with how behavioral findings lead to a change in our understanding of that area of law. A penultimate section considers several criticisms of behavioral economics. A concluding section calls for altering some settled understandings of contract law to accommodate behavioral results and for further research about some still uncertain aspects of contracting.
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Kazez, William H. "Contract Law 101.111…" Math Horizons 14, no. 2 (November 2006): 32–33. http://dx.doi.org/10.1080/10724117.2006.11974682.

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Dissertations / Theses on the topic "Contract law"

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Bomprezzi, Chantal <1990&gt. "Implications of Blockchain-Based Smart Contracts on Contract Law." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2021. http://amsdottorato.unibo.it/9654/1/bomprezzi_chantal_tesi.pdf.

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Smart contracts are the most advanced blockchain applications. They can also be used in the contractual domain for the encoding and automatic execution of contract terms. Smart contracts already existed before the blockchain, but they take advantage of the characteristics of that technology. Namely, the decentralised and immutable characters of the blockchain determine that no single contracting party can control, modify, or interrupt the execution of smart contracts. As every new phenomenon, blockchain-based smart contracts have attracted the attention of institutions. For example, in its Resolution of 3 October 2018 on distributed ledger technologies and blockchain, the European Parliament has stressed the need to undertake an in-depth assessment of the legal implications,starting from the analysis of existing legal frameworks. Indeed, the present research thesis aims to verify how blockchain-based smart contracts fit into contract law. To this end, the analysis starts from the most discussed and relevant aspects and develops further considerations. Before that, it provides a detailed description and clarifications about the characteristics, the functioning, and the development of the technology, which is an essential starting point for a high-level quality legal analysis. It takes into considerations already existing rules concerning the use of technology in the life cycle of contracts, from vending machines to computable contracts, and verifies its applicability to blockchain-based smart contracts. The work does not limit to consider the mere technology, but some concrete scenarios of adoption of blockchain-based smart contracts in the contractual domain. Starting from the latter, it focuses on the implications of blockchain-based smart contracts on contract formation, contract performance, and applicable law and jurisdiction.
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Garrido, Huidobro Mattias. "Unfair Contract Terms in European Contract Law : Legal consequences for and beyond Swedish Contract Law." Thesis, Uppsala universitet, Juridiska institutionen, 2014. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-229817.

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Recent case law from the ECJ on one of the most important EU contract law legislation has left questions open about the compatibility of Swedish con­tract law with the Unfair Contracts Term Directive. The case law on Article 6 (1) in the directive seem to have changed the view on how to deal with the legal consequence of an unfair term in consumer contracts; namely that unfair terms cannot be adjusted but need to be declared invalid. This essay examines how the effects from the ECJ case law provide new light upon Swedish contract law. The effect creates a clash of ideas and rationalities between Union law and Swedish contract law. Unfair terms cannot be adjusted as the relevant Swedish legislation provides. An unfair term needs to be invalid, and if necessary, such an unfair term can in certain circumstances be complemented with default rules from national contract law. This does not only seem to change the interpretation and application of the Swedish law, but it also form an underlying tension between the instrumental market-functional Union law and the more jus­tice oriented Swedish private law.  Furthermore, as we move towards a new European civil code, perhaps these tensions and clashes may say something about where the discipline of European Private Law is headed.
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Williams, Gail Antoinette. "Contract as organisation : an economic analysis of the joint contracts tribunal's standard form of building contract 1980." Thesis, University of Newcastle Upon Tyne, 1992. http://hdl.handle.net/10443/624.

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The objective of this thesis is to consider whether the institutionalist hypothesis that the choice of organisational form functions to limit the transaction costs of organising productive activities explains a major standard-form contract which is used in building production. I approach this task by demarcating three models of contract which represent different points along a "contracting continuum". Each of the three governance structures - classical contract, relational contracting and the firm - represents a distinct patterning of resource co-ordination and each generates its own configuration of transaction costs. Thus the contracting continuum provides a basis for comparing the cost-reducing strengths and weaknesses of governance structures that vary with respect to their characterisation of relations between economic actors, and of the form and substance of both planning and implementation of decisions. The second part of the thesis focuses on the standardform building contract and its location along the contracting continuum. This part of the thesis addresses the question of "transactional fit" between the building contract and the activity which it purports to regulate. The analysis proceeds by identifying sources of transaction costs in the context and in the practices of building production and examining the governance implications of the contractual responses to such costs. 11 In its conclusions the thesis attempts to evaluate the contribution of institutional analysis our understanding of legal conceptions of contract. By using an industry-wide standard-form contract as a focus, I hope to illustrate some of the strengths and also the limitations of this approach. Building contracts have received little academic attention in the UK., and transaction cost analysis of governance structures is a young science which has been pursued with more enthusiasm by economists than by lawyers. As yet there has been little attempt to relate substantive aspects of the lawyer's understanding of contract to the "new institutional economics". It is hoped that this thesis will make a contribution to that exercise.
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Gijrath, Serge J. H. "Interconnection regulation and contract law /." Amstelveen : deLex, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/52374515X.pdf.

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Miller, L. "The Europeanisation of contract law." Thesis, University College London (University of London), 2009. http://discovery.ucl.ac.uk/18769/.

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This thesis explores the Europeanisation of contract law through a critical analysis of the European Community's internal market programme of contract law harmonisation. This is a broad theme which raises topical and complex issues. The thesis first examines the pre-existing contractual backdrop in Europe through an Anglo/French comparative study on the rules for non-performance of contractual obligations. The analysis reveals how seemingly technical rules of contract law are underpinned by deeply embedded socio-economic, philosophical and historical values, unique to each jurisdiction. Recognition of the richness of contractual heritage and the gulf that separates each jurisdiction is a first indicator of the considerable obstacles for harmonisation. Nevertheless, the Community’s programme of contract law proceeds with optimism, pinning much on the ability to achieve harmonisation through sector-specific regulation and the drafting of common rules. The pitfalls of this approach are illustrated primarily through a study of the implementation of the EC Sales Directive into the contractual fabrics of English and French law. Fragmentation is found to ensue. Yet, the subsequent evolution of the EC programme, from sector-specific regulation towards more systematic and broader regulation – possibly even a codal instrument – is also revealed to be limited in its harmonising ability. Here, the thesis emphasises how the European contract law programme must embrace the post-national, multi-level architecture in which it operates. The co-existence of multiple sites of private law, and the interlocking and complex nature of interaction between each layer of governance, suggest that pluralism and diversity are here to stay. This indicates a more radical understanding of Europeanisation and has ramifications for the EC contract law programme. Internal market harmonising goals must be recalibrated and balanced alongside the preservation of diversity, in a coordinated framework of mutual learning. This is the charm and challenge of the Europeanisation of contract law.
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Slater, Henry John. "The distinction between a contract of employment and a contract with an independent contractor." Thesis, University of Port Elizabeth, 2001. http://hdl.handle.net/10948/276.

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The purpose of this treatise was to determine the distinction between the contract of service (employment) and the contract of work (independent contractor). A comprehensive literary survey was undertaken so as to establish if such a distinction does indeed exist. A logical point of departure was to study the contract of service and determine how the employment relationship is established by it. It is also necessary to establish under what circumstances a contract may be terminated and what the rights and obligations of the parties to the contract were. The contract between the parties will determine remedies to the breach of contract or applicability of labour legislation. It is also necessary to establish the definition of an employee under various statutes so as to understand what remedies exist should rights be infringed upon. Statutes considered include the Constitution of the Republic of South Africa, Labour Relations Act, Basic Conditions of Employment Act, Employment Equity Act, Unemployment Insurance Act, Compensation for Occupational Injuries and Diseases Act, Skills Development Act and the Income Tax Act. The effect of insolvency of the employer on the employee is also discussed. Outsourcing has played a major role in the emergence of the independent contractor. This phenomenon is considered from the point of the employer in terms of the reasons for choosing the option of outsourcing and the associated risks. The employee perspective is also dealt with in terms of why an employee would change his/her employment status. The various tests historically applied to determine the status of a worker is also discussed. These include the control, organisation, dominant impression and economic tests. Currently the dominant impression test is the one that is being applied to determine the employment relationship. Extensive reference was made to case law. United States of America cases are referred to with specific reference to the 20 Factor Test applied by the Internal Revenue Service. South African case law is dealt wit in terms of enforcement of Bargaining Council agreements, commission-earning persons, payment for services rendered, the intention of the parties and the identity of the true employer. The emergence of the dependent contractor is also addressed. This form of worker normally falls outside of the protection of labour legislation and social security. Amendments have been proposed to various statutes to remedy the situation in South Africa. A final aspect that is dealt with is that of vicarious liability. The applicability of this aspect lies in the liability of the employer for damages inflicted by the employee.
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Zegarra, Pinto José. "Contract Amendment in the State Procurement Law (Law No. 30225)." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/117514.

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The present article has as principal goal to analyze and comment the more relevant aspects referred to the amendments on that can be done to a contract, in the terms allowed by the new Public Procurement Peruvian Law. Also, the author will refer to the opinions emitted by the OSCE about the topic. Finally, he will state his main conclusions.
El presente artículo tiene como objetivo principal, analizar y comentar los más importantes aspectos referidos al tema de las modificaciones que se pueden realizar al Contrato, en los términos expuestos en la Ley de Contrataciones del Estado – Ley Nº 30225. Asimismo, procederemos a citar opiniones del OSCE referentes al tema; finalizando con la exposición de nuestras conclusiones.
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Zhang, Ruowei 1971. "Good faith in Canadian contract Law." Thesis, McGill University, 2001. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=32818.

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"Good faith", as a technical legal term, has been recognized in many legal systems around the world as a general principle of contract law. However, in Canadian common law of contract, the doctrine still has not been explicitly recognized due to some doubts cast on the doctrine. This thesis will first deal with various criticisms presented by the doctrine opponents. Next, the effect and utility of the doctrine and the relationship between "good faith" and concepts in equity and corporate law will be examined. It will be finally concluded that explicit recognition of good faith would help form a more functional body of law.
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Wong, Chao-wai, and 王祖威. "EDI and the law of contract." Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 1994. http://hub.hku.hk/bib/B31951089.

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Saprai, Prince. "Defending substantive fairness in contract law." Thesis, University of Oxford, 2009. https://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.504008.

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My thesis makes three claims. First, the courts set aside contracts ('transaction avoidance') because they are substantively unfair, or unfair because of their content or outcome. In some cases, the courts try to disguise this by using the language of procedural fairness to justify transaction avoidance, ie, they say that they are setting contracts aside because of some defect in the way they were entered, usually lack of the promisor's consent caused by her incapacity or the reprehensible conduct of the promisee. However, the cases show that contracts are set aside even though there is no lack of consent. The courts try to dress these cases up in the language of procedural fairness because of freedom of contract. Freedom of contract is the most widely cited objection to substantive fairness, or judicial interference with contract for content-dependent reasons. However, I argue, and this is my second claim, that freedom of contract is not necessarily incompatible with substantive fairness. My third claim is that the existing cases of substantive fairness are morally justified by my theory of autonomy harms. According to it, a good life is an autonomous life. Substantive fairness is justified by the need to protect parties and society more generally from contracts which harm autonomy. The courts implicitly set aside contracts on content-based grounds because they cause five kinds of autonomy harm. These are, harm to: future freedom; threshold wealth; planning; valuable social forms; and the practice of undertaking voluntary obligations. I conclude that the courts should stop disguising cases of substantive fairness, and explicitly adopt autonomy harms and the taxonomy of the law it offers. This would make the legal system more transparent, and easier to criticise and reform.
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Books on the topic "Contract law"

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Charman, Mary. Contract law. 4th ed. Cullompton, Devon, UK: Willan Pub., 2007.

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Little, Tikus. Contract law. 2nd ed. Dundee: Dundee University Press, 2010.

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Hough, Tracey, and Ewan Kirk. Contract Law. Abingdon, Oxon [UK] ; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315678283.

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Pathak, Akhileshwar. Contract law. New Delhi: Oxford University Press, 2011.

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Lum, Kit-Wye. Contract law. Singapore: Butterworths Asia, 1998.

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McKendrick, Ewan. Contract Law. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-14657-4.

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McKendrick, Ewan. Contract Law. London: Macmillan Education UK, 2017. http://dx.doi.org/10.1057/978-1-137-60926-7.

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McKendrick, Ewan. Contract Law. London: Macmillan Education UK, 2013. http://dx.doi.org/10.1007/978-1-137-07873-5.

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Chen-Wishart, Mindy. Contract law. Oxford, United Kingdom: Oxford University Press, 2015.

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Frances, Quinn, ed. Contract law. 8th ed. Harlow, England: Pearson Education Limited, 2011.

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Book chapters on the topic "Contract law"

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Buchan, Jenny. "Contract Law." In Franchisees as Consumers, 69–84. New York, NY: Springer New York, 2012. http://dx.doi.org/10.1007/978-1-4614-5614-8_5.

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Dreger, Kurt W. "Contract Law." In The Legal Aspects of Industrial Hygiene and Safety, 17–24. Boca Raton: Taylor & Francis, 2018. |: CRC Press, 2018. http://dx.doi.org/10.1201/9780429023750-3.

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Judge, Stephen. "Contract law." In Business Law, 47–84. London: Macmillan Education UK, 2009. http://dx.doi.org/10.1007/978-1-137-12044-1_3.

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Powell, Geoff. "Contract law." In Construction Contracts Preparation and Management, 245–68. London: Macmillan Education UK, 2016. http://dx.doi.org/10.1057/978-1-137-51116-4_15.

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Bayern, Shawn. "Contract Law." In Laws of Medicine, 59–67. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-08162-0_4.

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Bauman, Richard W. "Contract Law." In Critical Legal Studies, 59–64. New York: Routledge, 2021. http://dx.doi.org/10.4324/9780429044793-9.

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Loots, Philip, and Donald Charrett. "Contract law." In Contracts for Infrastructure Projects, 21–52. London: Informa Law from Routledge, 2022. http://dx.doi.org/10.4324/9781003206873-2.

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Bayles, Michael D. "Contract Law." In Principles of Law, 143–207. Dordrecht: Springer Netherlands, 1987. http://dx.doi.org/10.1007/978-94-009-3775-8_4.

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Bartsch, Ron. "Contract Law." In International Aviation Law, 81–118. 2nd edition. | Milton Park, Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9780203712986-5.

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Bartsch, Ronald I. C. "Contract Law." In International Aviation Law, 89–127. 3rd ed. London: Informa Law from Routledge, 2024. http://dx.doi.org/10.4324/9781032652146-5.

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Conference papers on the topic "Contract law"

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Dvorský, Václav. "Interest on Irregular Deposit in Roman Law." In International Legal History Meeting of PhD Students, 28–44. Brno: Masaryk University Press, 2024. https://doi.org/10.5817/cz.muni.p280-0628-2024-2.

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This article examines the treatment of interest on an irregular deposit in Roman law. D. 16.3.24 and D. 16.3.25.1 by Papinian suggest that the depositee was obligated to pay interest for late payments (usurae ex mora). Additionally, D. 16.3.24 along with D. 16.3.26.1, D. 16.3.28, and D. 16.3.29.1, imply that interest could be due for the entire duration of the payment period if agreed upon by the parties (usurae ex pacto). However, a closer analysis reveals that, under classical Roman law, a depositor was not entitled to receive interest before default (ante moram). This stance evolved by the time of Justinianic law, which permitted interest for the entire duration of the contract, reflecting post-classical legal developments and the convergence of various contractual actions.
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Vanda, Božić. "CONTRACT FOR WORK AS A GENERAL TYPE OF SERVICES CONTRACT." In International scientific conference challenges and open issues of service law. Vol. 1. University of Kragujevac, Faculty of law, 2024. http://dx.doi.org/10.46793/xxmajsko1.003b.

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The contract for work (Locatio Conductio Operis) is the basic form (general type) of all service contracts. With these contracts, one contracting party obligates the other to provide the contracted service, while the other contracting party obligates the first to pay the contracted fee for the provided service. From the work contract, as a general type of service contract, arose the construction contract, the copyright contract, the contract for the transportation of persons, the contract for the transportation of goods and other contracts that today represent separate named contracts. For the stated reason, service contracts should primarily be viewed as work contracts. Depending on the subject or content of the service of a particular service contract, we can talk about one of the named legal-obligatory contracts. Likewise, it can be about contracts of a mixed nature, as well as about sui generis contracts. The paper points out the concept, subjects and object of the obligation of the contract for work, as well as the very meaning of the contract and its essential characteristics. It is emphasized that in the Republic of Serbia, the legal institution of the contract for work as a contract outside the employment relationship has not been adequately used. We are increasingly encountering its abuses, in order to cover up the actual employment relationship with a contract for work. Therefore, it is necessary to undertake appropriate efforts to improve positive legal regulations in order to ensure, to the greatest extent possible, the conclusion of contract for work only for flexible types of jobs and jobs that are not part of the employer's activity
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Varbanova, Gergana. "SMART CONTRACT AND CHALLENGES TO LAW." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.359.

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Are the technologies advanced enough to replace lawyers and the judiciary in the negotiation and enforcement process? Is it possible for a program code to be a contract that binds the parties named in it? What is a smart contract and what challenges does it pose to the law? The present study aims to clarify and show the advantages and disadvantages of using smart contracts in civil law.
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Ventrella, T. "An introduction to contract law." In IEE Colloquium on `Principles of Law for Engineers and Managers'. IEE, 1996. http://dx.doi.org/10.1049/ic:19961316.

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Drahomeretska, Diana, and Oksana Kiriiak. "DIGITAL CONTRACTS IN CIVIL LAW OF UKRAINE." In International Scientific Conference ‘Digitalization of legal deeds in the context of the modernization of public services’, 99–105. Moldova State University, 2024. http://dx.doi.org/10.59295/daj2022.14.

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Today, almost all global processes are undergoing digitalization, and jurisprudence is no exception. In this context, classical institutions of civil and contract law that use the digital space, namely contracts, are of great interest. Unfortunately, it is not very developed and not completely settled in Ukraine. At the same time, there is quite a lot of experience in regulatory control and legal regulation of these institutions in the world. The transition of law to the Internet is considered by civil scientists as the most important condition for the emergence of digital law, which in its turn is closely related to civil law. When parties enter into electronic contracts the whole contract can literally be concluded within seconds at the click of a button, so it’s easier than enter into contracts with each other interacting face to face. The traditional paper based contract law has rules that apply to matters such as jurisdiction, validity, formation of contract, modifications to contracts. In the world of online trading these are all issues that arise in online contracts and is a challenge to the traditional concepts of contract law.
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"The Legality and Effectiveness of Smart Contracts in Contract Law." In International Conference on Accounting, Business, Economics and Politics. Tishk International University, 2022. http://dx.doi.org/10.23918/icabep2022p28.

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Shengqing, Xu. "Comparison between Chinese Contract Law and English Contract Law on Third Party’s Right of Action." In Proceedings of the 2019 4th International Conference on Social Sciences and Economic Development (ICSSED 2019). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/icssed-19.2019.145.

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Mok, Jonathan R., Wai Yin Mok, and Rachel V. Mok. "Sentence classification for contract law cases." In ICAIL '21: Eighteenth International Conference for Artificial Intelligence and Law. New York, NY, USA: ACM, 2021. http://dx.doi.org/10.1145/3462757.3466074.

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Suwardiyati, Rumi, Setiawan Wicaksono, and Ranitya Ganindha. "Principle Of Freedom Of Contract In Public Contract." In 2018 International Conference on Energy and Mining Law (ICEML 2018). Paris, France: Atlantis Press, 2018. http://dx.doi.org/10.2991/iceml-18.2018.62.

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Quapp, Ulrike, and Klaus Holschemacher. "Aspects of Building Contract Law and Professional Liability Under German Law." In Research, Development and Practice in Structural Engineering and Construction. Singapore: Research Publishing Services, 2012. http://dx.doi.org/10.3850/978-981-08-7920-4_ldr-1-0036.

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Reports on the topic "Contract law"

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Mahoy, James O., and Ernest R. Keucher. Government Contract Law (9th Edition). Fort Belvoir, VA: Defense Technical Information Center, April 1987. http://dx.doi.org/10.21236/ada200891.

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Shavell, Steven. Economic Analysis of Contract Law. Cambridge, MA: National Bureau of Economic Research, May 2003. http://dx.doi.org/10.3386/w9696.

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Tremaglio, III, Patoir Ralpha J., Kantner Steven R., Devine Andrew S., Lawson Michael S., Norris Marci A., Santiago Michael L., and Jennifer C. Graduate Course Contract Law Deskbook (54th). Volume 2. Fort Belvoir, VA: Defense Technical Information Center, January 2005. http://dx.doi.org/10.21236/ada469333.

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BELYAEVA, E. CONTRACT SERVICE AND CONTRACT MANAGERS FOR PROCUREMENT. Science and Innovation Center Publishing House, 2021. http://dx.doi.org/10.12731/2070-7568-2021-10-6-1-7-12.

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The article examines the issue of the position and activities of contract services, the demand for which has become most relevant after the changes made to Law No. 44-FZ, the conditions under which the customer is obliged to create a contract service are disclosed.
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Kim, Hyeyoung, Jihyun Lee, and Gerardo Reyes-Tagle. Standardized PPP Contract in Korea and its Implications for Latin America and the Caribbean. Inter-American Development Bank, November 2021. http://dx.doi.org/10.18235/0003708.

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The standardization of PPP contracts in Korea has played a key role in establishing PPP institutional frameworks in the civil law system in which there must be legal and institutional safeguards for the long-term PPP contracts. The reliability of standardized contracts is secured due to the fact that the standardized PPP contract has been prepared by the statutory PPP agency under the approval of the Ministry of Economy and Finance, an influential ministry within the government. The standardization of PPP contracts has been of great utility for both the competent authorities and private partners. The standardized contract has streamlined negotiations. The private partner was able to trust in the major risk allocation declared through the standardized contract in handling land acquisition, construction completion, operation and demand, and termination. We found out through our survey that there are similarities between Korea and LAC countries in that most LAC countries have adopted the civil law system and the countries have developed similar payment types for PPP and risk allocation principles. The experience and lessons on standardized PPP contract in Korea can be of great utility to LAC countries.
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Freeman, Richard, and Xiaoying Li. How Does China's New Labor Contract Law Affect Floating Workers? Cambridge, MA: National Bureau of Economic Research, July 2013. http://dx.doi.org/10.3386/w19254.

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Naidu, Suresh, and Noam Yuchtman. Coercive Contract Enforcement: Law and the Labor Market in 19th Century Industrial Britain. Cambridge, MA: National Bureau of Economic Research, May 2011. http://dx.doi.org/10.3386/w17051.

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Flandreau, Marc. Pari Passu Lost and Found: The Origins of Sovereign Bankruptcy 1798-1873. Institute for New Economic Thinking Working Paper Series, June 2022. http://dx.doi.org/10.36687/inetwp186.

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Verdicts returned by modern courts of justice in the context of sovereign debt lawsuits have upheld a ratable (proportional) interpretation of so-called “pari passu” clauses in debt contracts which, literally, promise creditors they will be dealt with equitably. Such verdicts have given individual creditors the right to interfere with payments to others, in situation where the sovereign had failed to make proportional payments. Contract originalists argue that this interpretation of pari passu clauses has no historical foundation. Historically, they claim, pari passu clauses never granted individual creditors a unilateral right to block payments to other bondholders assenting to a government debt restructuring proposal. This article shows this claim is incorrect. Drawing on novel archival research, it argues that pari passu clauses find one potent historical origin in the operation of a now forgotten sovereign bankruptcy tribunal, the London stock exchange. Under the law of the stock exchange, departure from ratable payments did create a unilateral right for individual creditors to interfere with sovereign debt discharges. In fact, ratable distributions provided the touchstone for the stock exchange sanctioned sovereign debt discharge system. What is more, sophisticated contract drafters availed themselves of the logic. The result was a weaponization of pari passu clauses, and their inscription into sovereign debt covenants in the 19th century. The article concludes that the modern debate on the role of clauses in sovereign debt contracts cannot be held without thorough reconsideration of the history of sovereign bankruptcy.
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Claro de la Maza, Jorge, and Roberto Camblor. Government Procurement and Free Trade in the Americas. Inter-American Development Bank, January 1999. http://dx.doi.org/10.18235/0008614.

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Governments in many countries -at all levels of development- struggle with increasing budget deficits and soaring national debts. Over the last century, government spending, as a percentage of gross domestic product has tended to increase and with it has increased the range of services offered by governments and the volume of public procurement resulting from it. The growth in public procurement has been accompanied by a growth in public procurement legislation. As the public sector grew, a need made itself to seek assistance form the private sector to provide public services on a contractual and sub-contractual basis. In various countries, especially those characterized by a civil law system, government contracts took on a peculiar nature, distinct from private contracts constituting a distinct legal category, separated form private contracts rules concerning contract formation, termination, settlement of disputes and other situations. As public procurement grew in volume and value, so did its importance to employment and the national economy. In most countries, the early procurement laws were protective of domestic industry. At the same time, competition for public business grew among nationals in step with the growth of public expenditure devoted to procurement of goods and services. These laws recognized the right of nationals to be treated equally, to have equal access to public contracts. As a result, the standard method of procurement would consist in an advertised opportunity for all interested firms to bid for public contracts on auction basis.
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Magale, Eric, and Mario Schmidt. Tax Awareness and Fiscal Workarounds in Contemporary Kenya: Reactions Towards New Taxation Laws, and the Need to Renew the Social Contract. Institute of Development Studies, October 2024. http://dx.doi.org/10.19088/ictd.2024.104.

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This working paper highlights the awareness and perception of taxes among ordinary Kenyans, with a particular focus on how they situate taxes in their wider universe of obligatory payments. The paper first describes how Kenyans understand the nature, social meaning, and importance of taxes and how these understandings changed during our research, which took place shortly after the enactment of the unpopular Finance Act 2023. The temporal proximity between the period of our data collection and the enactment of this law provided a rare and unique lens for a study of how ordinary citizens view taxes. Apart from exploring how rising taxes on digital financial services influenced economic behaviour among Kenyans occupying different economic classes, the paper also describes how these Kenyans increasingly made use of ‘fiscal workarounds’ to strategically avoid taxes whereby they clearly positioned themselves against some of the unpopular taxes forced down on them, citing the high cost of living and waning public confidence in the political leadership as their reasons. We conceptualise ‘fiscal workarounds’ as the idea that citizens do not simply accept or reject taxes but rather engage in practices that redefine, revise (albeit theoretically) and resist taxes depending on how they experience them. Although not novel, these ‘fiscal workarounds’ were now increasingly justified by citizens who pointed to the political elite’s failure to fulfil their part of the social contract. The paper concludes by offering insights for policy adjustments that could help renew the social contract between Kenyan taxpayers and government as their agents.
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