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Dissertations / Theses on the topic 'Contract law'

Author: Grafiati

Published: 4 June 2021

Last updated: 25 July 2025

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1

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 Re

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2

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 betwe

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3

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 configura

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4

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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5

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. Recogn

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6

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 de

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7

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.<br>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 30

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8

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

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9

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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10

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 lac

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11

Cabrillac, Rémy. "The new french law on contract." THĒMIS-Revista de Derecho, 2018. http://repositorio.pucp.edu.pe/index/handle/123456789/123873.

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The French Civil Code on contract law was not renewed since 1804, so law enforcement was questioned due to it was not adapted to the requirements in a globalized world, and the constant economic and socia lchanges. In this article, the author analyzes the implications of the reform of contract law in France, which was influenced by two drafts. This reform has two characteristic features, which are the economic and social needs. About the first point –the economic needs–, these are evident in the contractual organization and flexibility. On the second point –the social needs–, these are evident

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12

Wong, Chao-wai. "EDI and the law of contract." [Hong Kong : University of Hong Kong], 1994. http://sunzi.lib.hku.hk/hkuto/record.jsp?B13781418.

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13

Raobelina, Fanjamalala. "L'harmonisation du droit de la vente aux consommateurs dans l'Union européenne : Réflexion à la lumière de la directive (UE) 2019/771 relative à certains aspects concernant les contrats de vente de biens." Electronic Thesis or Diss., CY Cergy Paris Université, 2023. http://www.theses.fr/2023CYUN1267.

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Le contrat de vente de biens constituant un levier du commerce transfrontière dans l'Union, le législateur européen en régit par conséquent certains aspects. La directive 1999/44/CE réformée par la directive (UE) 2019/771 et la directive 2011/83/UE comportent ainsi des règles communes aux Etats membres, propres à la vente. Le choix de l'étude spécifique de ces règles tient d'une part, à ce que, économiquement, il s'agisse du contrat le plus courant sur le marché intérieur et d'autre part, à ce que, juridiquement, la vente reste l'archétype du contrat en droit de l'UE, servant ainsi de prémices

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14

Mgweba, Asiphe. "A revised role of good faith in the law of contract and employment contracts." University of the Western Cape, 2019. http://hdl.handle.net/11394/7033.

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Magister Legum - LLM<br>Good faith is an open ended concept which refers to fair and honest dealings. The function of this concept is to give expression to the community’s sense of what is fair, just and reasonable. The concept of good faith has and continues to acquire a meaning wider than mere honesty or the absence of subjective bad faith. It is an objective concept that includes other abstract values such as justice, reasonableness, fairness and equity. There is competition between the two underlying values or cornerstones of the law of contract, namely that of sanctity of contract (

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15

El-Ghirani, Muhammad M. "The law of charterparty with particular reference to Islamic law." Thesis, Glasgow Caledonian University, 1990. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.326621.

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16

Stramignoni, Umberto-Igor A. "Form in contract law : a silent revolution." Thesis, University of Oxford, 1995. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.308992.

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17

Hutchison, Andrew. "Fundamental change of circumstances in contract law." Doctoral thesis, University of Cape Town, 2010. http://hdl.handle.net/11427/11569.

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Includes abstract.<br>Includes bibliographical references (p. 246-263).<br>Parties to a contract base their consensus on the facts known to them at the time of contracting - should there be an unforeseen change in these circumstances, it may no longer be just for one party to enforce the agreement against the other. Because the losses and gains consequent upon a change in circumstances occur by chance, it is not fair to place the resultant burden on one party alone.

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18

Jacobs, Faizel. "Concept and evolvement of Chinese Contract Law." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/19740.

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This dissertation discusses the evolvement of Chinese Contractual law and establishes as to whether it converges or has any similarity with any Western legal norms and standards. I will view the recent history and early sources of Chinese law as influenced by political changes and tradition; as well as the influence of international commercial transaction agreements. The formation of a contract, standard terms and modification of contracts and the dissolution and breach in Chinese contracts will be discussed and also whether parties do in fact have the freedom to enter agreements with each oth

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19

Nusaire, Yazeed Anees Moh'd. "Excusable non-performance in long term contract-force major clauses in oil concession contracts." Thesis, University of Bristol, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.388332.

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20

Chen, Liuye <1992&gt. "Reasonableness in European and Chinese Contract Law. A Comparative Law Study." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2021. http://amsdottorato.unibo.it/9899/1/Thesis_Liuye_Chen.pdf.

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Contemporary private law, in teh last few decades, TEMPhas been increasingly characterized by teh spread of general clauses and standards and by teh growing role of interpreters in teh framework of teh sources of law. dis process TEMPhas also consistently effected those systems dat are not typically centered on judge-made law. In particular in contract law general clauses and standards has assumed a leading role and has become protagonists of processes of integration and harmonization of teh law. Wifin dis context, teh reasonableness clause TEMPhas come to teh attention of scholars, emerging a

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21

Kramer, Adam. "Remoteness of damage in contract law : an agreement-centred approach." Thesis, McGill University, 2000. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=31168.

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This thesis concerns the legal rules of contractual remoteness: these rules govern the extent of liability that is imposed on a breaching party to compensate for the adverse consequences that the breach causes. It is argued that the allocation of responsibility for such consequences is contained implicitly in the contract: every contract extends beyond its express terms, and the allocation of responsibility for the consequences of breach is one of the matters to which it extends. This latter assertion is supported by the argument that an assumption of responsibility for the consequences of bre

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22

Peden, Elisabeth Mary. "A rationalisation of implied terms in contract law." Thesis, University of Cambridge, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.343239.

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23

MacNeil, Ian G. "Insurance contract law in the single European market." Thesis, University of Edinburgh, 1994. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.531109.

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24

Deakin, Simon Francis. "Contract, labour law and the developing employment relationship." Thesis, University of Cambridge, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.291753.

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25

Fischer, Martin Jason. "Remedies for anticipatory breach of contract." Master's thesis, University of Cape Town, 2015. http://hdl.handle.net/11427/16570.

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Includes bibliographical references<br>The thesis discusses the origin and development of anticipatory breach of contract in South African law leading up to the decision in Datacolor International (Pty) Ltd v Intamarket (Pty) Ltd 2001 (2) SA 284 (SCA) and the implications of this decision on the law. This decision is generally regarded as the culmination of the development of a 'new approach' to repudiation, as a form of anticipatory breach of contract, in South African law and this 'new approach' and other aspects of the decision will be discussed in detail. Drawing on Datacolor International

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26

Han, YongQiang. "The relevance of Adams and Brownsword's Theory of contract law ideologies to insurance contract law reform : an interpretative and evaluative approach." Thesis, University of Aberdeen, 2013. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=201899.

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This thesis approaches key areas of insurance contract law and their reform from the perspective of Adams and Brownsword’s theory of contract law ideologies. Pursuant to this theory, there are two layers of ideologies underlying contract law. One is the formalist versus realist judicial approaches. The other is that the realist approach being broken down into two limbs, namely market-individualism and consumer-welfarism in contract law. The theory of contract law ideologies is relevant to insurance contract law, because there is substantiated homogeneity between general contract law and insura

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27

Sims, Vanessa Karin. "Good faith in contract law : a comparative analysis of English and German law." Thesis, University of Cambridge, 2003. https://www.repository.cam.ac.uk/handle/1810/265456.

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The concept of good faith has an important role to play in English contract law, where the elements necessary for its recognition already exist. Nevertheless, the issue has divided the contract community. Although there is strong support for the recognition of such a concept, it is more often rejected on the basis that it would be, at best, unnecessary and, at worst, a serious disruption of contract law. These arguments are correct to the extent that it would indeed be difficult, if not impossible, to transplant an existing continental version of good faith into English law. They fail, however

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28

Weatherall, Thomas Christopher. "Peremptory norms of general international law (Jus Cogens) : international law and social contract." Thesis, University of Cambridge, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.607751.

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29

Ibrahim, Uzaimah. "Commodity futures contract; An analysis in Islamic commercial law." Thesis, University of Wales Trinity Saint David, 2000. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.503606.

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30

Baharum, M. A. H. "Misrepresentation : A study of English and Islamic contract law." Thesis, University of Essex, 1986. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.371174.

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31

Lee, Jihong. "Essays in economic theory of contract, negotiation, and law." Thesis, University of Cambridge, 2004. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.615694.

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32

Emurwon, Brian Kwame. "Sentimental damages in English contract law : a critical analysis." Master's thesis, University of Cape Town, 2012. http://hdl.handle.net/11427/12609.

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Includes bibliographical references.<br>This dissertation's primary hypothesis is that the angst-spawning confusion plaguing this area of law stems from a feckless amalgamation of parallel, if not competing, notions of loss. Let me explain. When a promisee seeks judicial relief for breach, the court habitually applies two deeply-ingrained presumptions of fact whose status has been unconsciously elevated to rules of law.10 These judicial presumptions are that: 1. The promisee's concern is loss of performance and not loss of promise; and (After confining the matter to loss of performance) 2. Th

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33

Dodsworth, Timothy J. "The underlying values of German and English contract law." Thesis, University of Warwick, 2015. http://wrap.warwick.ac.uk/78788/.

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This thesis identifies the underlying values of German and English contract law. It establishes that to some extent almost all values are reflected in both jurisdictions but that in many cases the underlying values compete with each other. The thesis identifies the balance of the values in the context of four problem areas namely pre-contractual duties of disclosure (breaking off negotiations), mistake, unfair contract terms and changed circumstances. The thesis concludes that although almost all values are reflected in each system the balance of the values differs significantly. This is impor

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34

Catterwell, Ryan Ronald. "CONSTRUCTION IN CONTRACT LAW: A LOGICAL AND STRUCTURED APPROACH." Thesis, The University of Sydney, 2017. http://hdl.handle.net/2123/17990.

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Construction is a pervasive feature in contract law. It is a technique employed to define a contractual rule, ie, a rule that makes up part of a contract. In construction, the objective intention of the parties is inferred from the choice of words in the contract. But construction has a narrow focus: the aim is to resolve a particular question of intention. From this starting point, construction fits within a logical structure. It consists of four stages. First, the relevant question is defined. The question may relate to any aspect of the contractual relationship. Second, potential an

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35

Mik, Eliza. "Contract formation in open electronic networks." Phd thesis, Faculty of Law, 2007. http://hdl.handle.net/2123/4995.

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Thesis (Ph. D.)--University of Sydney, 2007.<br>Title from title screen (viewed 28 May 2009) Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Law. Degree awarded 2007. Includes bibliography references. Also available in print format.

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36

Alhowaimil, Ibrahim Saad. "Frustration of performance of contracts : a comparative and analytic study in Islamic law and English law." Thesis, Brunel University, 2013. http://bura.brunel.ac.uk/handle/2438/8532.

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This thesis is an assessment of the position of Islamic law and English law regarding the doctrine of the frustration of the contract. The thesis gave in the first general view about Islamic law and Saudi legal system, also about the contract in Islamic law in general. This study provides a detailed and critical account of the principles of frustration of contract law which operate under Islamic law and English law, where appropriate, identifies and critically evaluates the differences between the principles of frustration of contract which operate respectively under Islamic law and English la

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37

Munnell, Charles Howard. "Government by contract: Bureaucracy, contract law, and the procurement of professional services at EPA, 1980-1995 /." The Ohio State University, 1997. http://rave.ohiolink.edu/etdc/view?acc_num=osu1487946776023256.

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38

Koch, Robert 1965. "The concept of fundamental breach of contract under the United Nations Convention on contracts for the International Sale of Goods (CISG) /." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=20987.

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The concept of fundamental breach plays a crucial role within the remedial system of the U.N. Convention on Contracts for the International Sale of Goods (CISG), because the remedies available to the parties to a contract of sale depend on the character of the breach. The Thesis analyzes the concept. It canvasses the different approaches employed by scholars and courts in determining fundamental breach and examines whether they can be justified by the rules of interpretation under the CISG. This examination shows that none of the approaches can be applied to all potential situations of fundame

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39

Arvanitis, D. "Collaboration and contract management in the context of offshore oil and gas contracts : an English law analysis." Thesis, City, University of London, 2017. http://openaccess.city.ac.uk/19174/.

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This thesis provides an English law analysis on collaboration and contract management in the context of offshore upstream oil and gas contracts in light of the Maximising Economic Recovery [hereinafter ‘MER’] Strategy. The predominant subject of the thesis is the impact on offshore contracting of the MER Strategy. The thesis firstly considers that the Strategy is not merely another statute to regulate the offshore sector – its impact is of paramount importance because it sets a comprehensive framework for the coming decades until the cessation of operations in the North Sea. The MER Strategy s

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40

Helmholz, Niels. "Contract formation and the Internet : an analysis of contract formation in English, South African and German law with special regard to the Internet." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/52746.

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Thesis (LLM)--University of Stellenbosch, 2002.<br>ENGLISH ABSTRACT: This dissertation examines the conclusion of contracts on the Internet in English and South African law on the one hand, and German law on the other. Because these legal systems have not developed specific rules for the formation of contracts by way of this medium of communication, the question is whether the traditional doctrines are adequate to the demands of tecnological innovation. The study accordingly proceeds from a detailed discussion of the traditional rules of offer and acceptance developed in each of the sys

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41

Guilhen, Isabelle. "L'après-contrat." Thesis, Université Clermont Auvergne‎ (2017-2020), 2020. http://theses.bu.uca.fr/nondiff/2020CLFAD010_GUILHEN.pdf.

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Le contrat est formé pour accomplir une opération économique puis s'éteint. Or, de nombreuses autres formes juridiques se développent dans le temps à sa suite. Celles-ci traitent d'intérêts résiduels issus du contrat ou des difficultés que son exécution a rencontrées. Quoiqu'en rapport étroit avec l'expérience contractuelle, ces formes ne peuvent davantage rester attachées à la notion de contrat puisqu'elles en dépassent le cadre et le postulat de départ. Au contraire, elles se réunissent sous l'égide d'une autre notion, l'après-contrat. En effet, elles arborent des caractéristiques communes e

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42

Day, Keith D. "The administration of the #botched' FIDIC contract : the problems arising out of the administration of a wrongly #slanted' contract for turnkey projects." Thesis, University of Southampton, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.280915.

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Hassan, Hussein. "Contract theory : views from the Islamic legal system." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.365481.

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44

Bruwer, Elizabeth. "Vereniging van die koopreg : kontraksluiting in 'n historiese, regsvergelykende en internasionale perspektief." Thesis, Stellenbosch : Stellenbosch University, 2000. http://hdl.handle.net/10019.1/52046.

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Thesis (LLM)--University of Stellenbosch, 2000.<br>ENGLISH ABSTRACT: International trade has increased tremendously in the last few decades. When parties to a contract find themselves in different countries and each has its own legal background, specific problems originate in connection with formation of the contract, its execution, the breach thereof and so forth. The predominant theme of this work is the question of how a diversity of legal rules should be approached in an international context. The focus is on contract formation, and the rules of offer and acceptance are therefore ex

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45

Qutieshat, Enas M. "Traditional contract law in the electronic environment : evolution or revolution?" Thesis, University of Aberdeen, 2010. http://digitool.abdn.ac.uk:80/webclient/DeliveryManager?pid=158831.

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This thesis will examine issues related to the formation and validity of electronic contracts on a comparative basis between the English, American and UNCITRAL approaches. When examining the English approach, reference will be made to relevant EC Directives in relation to the subject matter. This thesis has four main objectives. First, to assess the impact of using electronic communication tools to reach agreement. Second, to identify some key points that should be considered when examining the formal validity of electronic contracts. Third, to establish a foundation for having a valid cont

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46

Chang, Marie Pei-Heng. "La résolution du contrat pour inexécution : étude comparative du droit français et du droit chinois /." Aix-en-Provence : Presses universitaires d'Aix-Marseille, PUAM, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/516370332.pdf.

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47

Mazaud, Anne-Laure. "Contrat de travail et droit commun : essai de mesure." Thesis, Lyon, 2016. http://www.theses.fr/2016LYSE2157.

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La question des rapports entretenus entre le contrat de travail et le droit commun évoque immédiatement la revendication autonomiste. Il ne s’agit pourtant pas de revendiquer mais de mesurer la propension à l’autonomie du droit du travail à l’égard du droit commun des contrats maintes fois questionnée et toujours renouvelée. Précisément, cet essai de mesure révèle un résultat profondément nuancé. Ainsi, l’autonomie ne saurait être absolument reconnue en raison des nombreuses manifestations de la soumission du contrat de travail au droit commun. Elle ne peut cependant pas être totalement contre

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48

Smith, Stephen A. "The common law of restraint of trade : a theoretical analysis." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358569.

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49

Reid, Dot. "Fraud in Scots law." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/9602.

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This thesis seeks to provide a deeper understanding of the Scots law of fraud. Adopting a method that is both historical and doctrinal, it provides a critical analysis of the current understanding of fraud and argues for an approach that is more consistent with Scotland’s legal history which, in turn, was profoundly influenced by a much older tradition of European legal thought. It begins by exploring the historical scope of fraud in both a criminal and civil context with specific focus on questions of definition and the extent to which “fraud” was used in the broader sense of activities not i

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50

Mallmann, Frederico Baptista. "Parâmetros para a interpretação do contrato de shopping center no direito brasileiro : atipicidade e coligação contratual." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2018. http://hdl.handle.net/10183/185048.

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Abstract:

Esta dissertação apresenta um estudo a respeito da interpretação do contrato de cessão remunerada de espaço para instalação de loja em shopping center, denominado como “contrato de shopping center”, visando à estipulação de parâmetros hermenêuticos que auxiliem na busca do seu conteúdo. Para isso, procede-se, em primeiro lugar, à devida caracterização deste contrato, em seus aspectos econômico-negociais e jurídicos, que são decisivos para o desenvolvimento do estudo quanto à sua interpretação. Em especial, manifesta relevância o estudo da sua qualificação jurídica, que parte das duas principai

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