Academic literature on the topic 'Legal contract negotiation'

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Journal articles on the topic "Legal contract negotiation"

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Solomin, S. K., and N. G. Solomina. "Contract Negotiation." Herald of Omsk University. Series: Law, no. 3 (2023): 41–50. http://dx.doi.org/10.24147/1990-5173.2023.20(3).41-50.

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The domestic doctrine of the contract over the past century and a half has been repeatedly revised, which, first of all, is associated with the development of property relations. However, any transformation of views on the legal categories established in civilistic doctrine must have a weighty argument based on an understanding of the essence of the relevant processes and phenomena of reality. In the past decade, the substance of some legal categories under the constant press of law enforcement practice has changed so much that they have lost their speciality in the absence of any sufficient p
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Малеина, Марина, and Marina Maleina. "Contract Negotiations (Concept, Legal Regulation, Rules)." Journal of Russian Law 4, no. 10 (2016): 0. http://dx.doi.org/10.12737/21521.

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The article describes the two orders of the contract negotiations: non-contractual procedure based on the provisions of Civil Code of the Russian Federation, and the contractual order with the help of an agreement on the procedure for negotiating. Above agreement can be of three types: the agreement on the procedure for negotiating, the agreement on the content of the future treaty, the agreement of the mixed type. Regardless of the order of negotiation grounds for damages of losses are unfair negotiations, including disclosure of confidential information transmitted by the other party or use
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Alnumani, Naraman Jameel Neamah. "The Legal Nature of Pre-Contract Negotiations." Journal of Law and Sustainable Development 11, no. 6 (2023): e1227. http://dx.doi.org/10.55908/sdgs.v11i6.1227.

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Objectives: One of the objectives that prompted us to search for (the legal nature of the negotiations leading to the contract) is to adapt these negotiations so that the legal provisions that apply to them are identified, in addition to knowing the legal nature of the responsibility that arises on the negotiating parties as a result of their breach of the obligations and principles on which the negotiations are based to provide legal protection for the negotiating parties as a result of this breach.
 
 Theoretical Framework: The negotiations leading up to the agreement shall be base
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Sopamena, Ronald Fadly. "Kekuatan Hukum MoU Dari Segi Hukum Perjanjian." Batulis Civil Law Review 2, no. 1 (2021): 1. http://dx.doi.org/10.47268/ballrev.v2i1.451.

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Prior to a business transaction, initial negotiations are usually carried out. Negotiation is a process of trying to reach an agreement with other parties. Negotiation is also an instrument that bridges the various interests of business actors in formulating their rights and obligations. It is in this negotiation that the bargaining process takes place. The next stage is the making of a memorandum of understanding, which in this writing is abbreviated as MoU. This study aims to examine whether the MoU can be used as a preliminary agreement as well as the legal strength of the MoU in terms of c
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Egbumokei, Peter Ifechukwude, Ikiomoworio Nicholas Dienagha, Wags Numoipiri Digitemie, Ekene Cynthia Onukwulu, and Olusola Temidayo Oladipo. "Cost-effective contract negotiation strategies for international oil & gas projects." International Journal of Multidisciplinary Research and Growth Evaluation 5, no. 4 (2024): 1284–97. https://doi.org/10.54660/.ijmrge.2024.5.4.1284-1297.

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Cost-effective contract negotiation is a critical component in managing international oil and gas projects, where financial efficiency and operational reliability are paramount. The complexity of these projects, which often involve cross-border transactions, diverse stakeholders, and fluctuating market conditions, requires a strategic approach to negotiation. This review highlights key strategies for ensuring cost-effective contract negotiations in the sector. First, a focus on risk-sharing mechanisms allows parties to mitigate uncertainties related to oil price volatility, geopolitical risks,
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Onukwulu, Ekene Cynthia, Joyce Efekpogua Fiemotongha, Abbey Ngochindo Igwe, and Chikezie Paul-Mikki Ewim. "Strategic contract negotiation in the oil and gas sector: approaches to securing high-value deals and long-term partnerships." Journal of Advance Multidisciplinary Research 3, no. 2 (2024): 44–61. https://doi.org/10.54660/.jamr.2024.3.2.44-61.

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The oil and gas sector arecharacterized by high-stakes negotiations that require a strategic approach to securing lucrative contracts and fostering sustainable partnerships. This study examines the critical financial and strategic principles underlying large-scale contract negotiations, emphasizing methodologies that drive value optimization, risk mitigation, and long-term business success. Key negotiation strategies include leveraging market intelligence, employing structured deal frameworks, and utilizing advanced financial modeling to assess contract feasibility and profitability. A data-dr
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Demkina, Alesya V. "FUNDAMENTALS OF THE THEORY OF PRE-CONTRACTUAL LIABILITY." Vestnik Tomskogo gosudarstvennogo universiteta. Pravo, no. 40 (2021): 148–61. http://dx.doi.org/10.17223/22253513/40/13.

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The article deals with the relatively new rules of Art. 434.1 the Civil Code of the Russian Federation on the conduct of negotiations. Taking into account the current wording of the said rule and the experience of foreign legislation on pre-contractual liability, the article argues for different theories justifying the nature of pre-contractual legal relations and liability and gives different positions of the authors on this issue. Proceeding from the doctrinal concept of obligation and characteristics of pre-contractual relations themselves the conclusion is made that these relations, firstl
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Raynikov, A. S. "FREEDOM OF NEGOTIATION AS A SEPARATE ASPECT OF THE PRINCIPLEOF FREEDOM OF CONTRACT: CONTENT AND LIMITS." Ex jure, no. 3 (2024): 97–110. http://dx.doi.org/10.17072/2619-0648-2024-3-97-110.

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in the article the argument is made that freedom of negotiation is а separate aspect of the principle of freedom of contract. The importance of this thesis is expressed in the scope of liability of a person who is in breach of the duty to enter into a contract and a person who is in breach of the duty to negotiate in accordance with good faith and fair dealing. The content of the freedom of negotiation is determined. Such freedom consists of the right to decide when and who to negotiate with, to continue, to pause or to end negotiations, to determine terms and procedure for negotiations. In th
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Thompson, Michael A., Patricia A. Hurley, Bryan Faller, et al. "Challenges With Research Contract Negotiations in Community-Based Cancer Research." Journal of Oncology Practice 12, no. 6 (2016): e626-e632. http://dx.doi.org/10.1200/jop.2016.010975.

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Purpose: Community-based research programs face many barriers to participation in clinical trials. Although the majority of people with cancer are diagnosed and treated in the community setting, only roughly 3% are enrolled onto clinical trials. Research contract and budget negotiations have been consistently identified as time consuming and a barrier to participation in clinical trials. ASCO’s Community Research Forum conducted a survey about specific challenges of research contract and budget negotiation processes in community-based research settings. The goal was to ultimately identify pote
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Raynikov, Artem. "The Doctrine of Contract Negotiations." Journal of Russian Law 28, no. 10 (2024): 93. https://doi.org/10.61205/s160565900029817-2.

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In the civilistic doctrine of contract negotiations, undeservedly little attention is paid to the basic concept of this doctrine — the concept of negotiations. The result of this omission is the lack of well-established ideas in legal science about the signs of negotiations and the disparity of positions about when negotiations begin and at what point they end. All this creates obstacles to the effective application of the doctrine of culpa in contrahendo, which received a powerful impetus to development after the reform of civil legislation. The article examines competing approaches to the de
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Dissertations / Theses on the topic "Legal contract negotiation"

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Belaiche, Omar. "La période précontractuelle dans les droits des pays arabes." Thesis, Paris 2, 2017. http://www.theses.fr/2017PA020071.

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La mondialisation favorise les échanges de toutes natures. Le domaine juridique avec ses idées, concepts et catégories trouve donc un terrain fertile pour contribuer au développement socio-économique des peuples. Aujourd’hui, la tradition civiliste et celle islamique caractérisent les droits arabes. Pour ce faire une idée juste de ces droits et nous intéresser à la période précontractuelle, il appert fondamental de déterminer le mécanisme de construction et de validité de la règle juridique en terre d’Islam selon une approche historique, objective et positive. Cette méthodologie d’étude nous a
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Frazer, Linda. "Juridical gyroscopic orientation of transnational business negotiations." Thèse, 2017. http://hdl.handle.net/1866/21175.

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Books on the topic "Legal contract negotiation"

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Inc, Aspatore, ed. Entertainment and media law contract strategies: Leading lawyers on assessing financial implications, identifying potenital risks, and succesfully negotiating the right terms. Aspatore Books, 2007.

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S, Geismer Alan, and Massachusetts Continuing Legal Education, Inc. (1982- ), eds. Representing working artists in the new millenium: Simple contract negotiation issues to complex copyright litigation. Massachusetts Continuing Legal Education, 2000.

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D, Levine Henry, and Anderson David R. 1933-, eds. Negotiating telecommunications contracts: Business & legal aspects. Law & Business, Inc., 1985.

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Litwak, Mark. Dealmaking in the film & television industry: From negotiations to final contracts. 2nd ed. Silman-James Press, 2002.

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Litwak, Mark. Dealmaking in the film & television industry: From negotiations to final contracts. Silman-James Press, 1994.

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1951-, Battram Shelly P., and Goldsweig David N, eds. Negotiating and structuring international commercial transactions: Legal analysis with sample agreements. American Bar Association, Section of International Law and Practice, 1991.

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Tarrant, John J. Perks and parachutes: Negotiating your best possible employment deal, from salary and bonus to benefits and protection. Times Business, 1997.

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Daniel, Yankelevits, ed. Hollywood dealmaking: Negotiating talent agreements. Allworth Press, 2002.

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Appleton, Dina. Hollywood dealmaking: Negotiating talent agreements for film, TV, and new media. 2nd ed. Allworth Press, 2010.

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Appleton, Dina. Hollywood dealmaking: Negotiating talent agreements for film, TV, and new media. 2nd ed. Allworth Press, 2009.

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Book chapters on the topic "Legal contract negotiation"

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Latifi, Hamid R. "Contract Negotiation and Legal Aspect of Contracts." In A Radiologist’s Path. Springer Nature Switzerland, 2025. https://doi.org/10.1007/978-3-031-86882-5_25.

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Zoppoli, Lorenzo. "Valori, diritti e lavori flessibili: storicità, bilanciamento, declinabilità, negoziabilità." In Studi e saggi. Firenze University Press, 2022. http://dx.doi.org/10.36253/978-88-5518-484-7.20.

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This article traces the national and EU legal framework after the progressive affirmation of the so-called flexible and non-standard contracts, with particular regard to fixed-term contracts, temporary agency work, part-time work and to work on demand. According to the author, notwithstanding deep changes in legislation, collective bargaining, case-law and in doctrine, the centrality of the legal value attributed to permanent contract of employment was not called into question. However, the techniques of promotion and protection of this crucial value are not consequent. Such a value has been r
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Гончарова, Аліна В’ячеславівна. "Глава 8. Договори між спадкоємцями щодо розподілу спадщини". У Серія «Процесуальні науки». Видавництво "Алерта", 2023. http://dx.doi.org/10.59835/978-617-566-765-1-3-8.

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The conclusion of contracts was known in ancient times and is still relevant today. Shares that are not distributed in kind can cause certain difficulties that force the interested parties to decide on distribution.Joint ownership of inherited property received from a family member necessitates joint decision-making on its maintenance, ownership, use, and disposal, and it is difficult to achieve such a consensus on all issues. Therefore, quite often a certain period may pass from the acquisition of the right to a share in the joint property to its distribution, but due to conflicts regarding t
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Ingeborg, Schwenzer, and Muñoz Edgardo. "Part V Pre-Contractual Liability, 24 Pre-Contractual Duties." In Global Sales and Contract Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198871255.003.0024.

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This chapter tackles pre-contractual duties which depend on what stance a legal system takes towards the general principle of good faith. The principle of good faith and fairness differs in how it influences the construction and interpretation of contractual rights and duties. All legal systems, which recognize a principle of good faith, acknowledge that parties assume a certain degree of responsibility to protect the legal interests of the other party during negotiation. The degree of responsibility range from information duties, honesty, and confidentiality. Additionally, the principle of fr
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Ingeborg, Schwenzer, and Muñoz Edgardo. "Part V Pre-Contractual Liability, 23 General Remarks on Pre-Contractual Liability." In Global Sales and Contract Law. Oxford University Press, 2022. http://dx.doi.org/10.1093/law/9780198871255.003.0023.

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This chapter explains the pre-contractual phase. It recognizes the grey area when the parties have started to negotiate a contract since they are no longer strangers under tort law. As a consequence of the freedom of contract principle, parties to determine the structure of their negotiation process first. Applicable law usually handles how most negotiations precede sale contracts. Explicit rules on pre-contractual liability are rarely found, even in civil law legal systems with a comprehensive civil code. Legislators around the world introduced statutory rules providing for a general liabilit
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G J, Tolhurst, Peden Elisabeth, and Mik Eliza. "Is There a Duty to Negotiate in Good Faith?" In Furmston and Tolhurst on Contract Formation. Oxford University Press, 2023. http://dx.doi.org/10.1093/law/9780192868084.003.0012.

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This chapter reviews the duty to negotiate in good faith. The traditional view is that there is no general duty of good faith in negotiation. However, the extent to which good faith has been recognized in the various legal systems around the world varies considerably. The relevance of good faith to contract is potentially very wide. This is because the concept may apply not only to the negotiation process but also to the parties’ performance duties or their decisions on the enforcement of contractual rights. Good faith may have at least two roles where one party alleges that negotiations have
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Cerrato, Stefano A. "Smart Contract." In Handbook of Research on Applying Emerging Technologies Across Multiple Disciplines. IGI Global, 2022. http://dx.doi.org/10.4018/978-1-7998-8476-7.ch008.

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A smart contract is a technology that allows the creation of a negotiation process capable of running independently, without human intervention. This chapter intends to frame the figure of the “smart contract” from a legal point of view. It shows that the smart contract is an advanced tool in the context of a contractual relationship. The possibility of making a smart contract “the contract” in a legal meaning opens up scenarios which have hitherto been unexplored for contract law. It is still difficult to determine to what extent current rules are adequate to govern this phenomenon. The chapt
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Goldby, Miriam. "Legal Aspects of Electronic Communication and Recording of Information." In Electronic Documents in Maritime Trade, 2nd ed. Oxford University Press, 2019. http://dx.doi.org/10.1093/law/9780198811978.003.0003.

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Abstract This chapter discusses the legal aspects of electronic communication and recording of information. In recent decades, businesses have begun to harness electronic forms of communication in order to facilitate all aspects of commerce, including the bringing together of buyers and sellers, the negotiation of agreements, the formation of binding contracts, and the processing and settlement of transactions. In many jurisdictions, legislators have enacted laws aimed at facilitating the use of electronic communications for these purposes. However, the use of electronic communication methods
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Orth, John V. "After 1871: Employers and Workmen." In Combination and Conspiracy. Oxford University PressOxford, 1991. http://dx.doi.org/10.1093/oso/9780198252993.003.0009.

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Abstract Legislation in the 1870s, amended and supplemented in 1906, closed the era opened by the first tailors’ combination act (1721). Through the eighteenth century wages were still, in legal theory, set by the justices of the peace. In fact, wage regulation largely petered out, although (as Adam Smith observed) parliament made occasional efforts to restore it in particular trades and places. Negotiation between masters and men was perforce increasingly resorted to. In various trades, scattered throughout England, workmen combined to increase their bargaining power, but parliament outlawed
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Soumya, Ayushi, Bhumika Nayak, Deepthi Dayanand, Vaishnavi V. B, and Venkatesh Prasad. "Literature Review of Approaches in Cloud-based Management Systems for Legal Firms." In Data Science and Intelligent Computing Techniques. Soft Computing Research Society, 2023. http://dx.doi.org/10.56155/978-81-955020-2-8-54.

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This paper presents the development of a legal technology strategy that aims to address the challenges faced by law firms in responding to technology-driven changes in the corporate environment. The proposed strategy focuses on the creation of a Software-as-a-Service (SaaS) cloud model tailored to the needs of small-scale legal enterprise systems. This approach offers several key benefits, including scalability, modularity, lower cost, availability, reduced hardware costs, and enhanced security. To achieve these goals, we plan to leverage various cloud computing resources to support real-time
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Conference papers on the topic "Legal contract negotiation"

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Narendra, Savinay, Kaushal Shetty, and Adwait Ratnaparkhi. "Enhancing Contract Negotiations with LLM-Based Legal Document Comparison." In Proceedings of the Natural Legal Language Processing Workshop 2024. Association for Computational Linguistics, 2024. http://dx.doi.org/10.18653/v1/2024.nllp-1.11.

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Gugulan, Evghenia. "Legal architecture of certain provisions in the franchise agreement." In Conferința științifică națională cu participare internațională "Integrare prin cercetare și inovare", dedicată Zilei Internaționale a Științei pentru Pace și Dezvoltare. Moldova State University, 2025. https://doi.org/10.59295/spd2024j.62.

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The appearance of the franchise agreement has been conditioned by the transnational globalization and cross-border dimension of commercial relations. For a successful partnership, in addition to the general conditions for the signing of a franchise agreement, a certain set of rules, which have a particular legal connotation, must be followed. During the negotiation and drafting of a franchise agreement, are inserted a list of general conditions, which have an economic content, as well as the financial terms of the agreement, the duration of the contract, and they should be established in such
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Ozdoeva, Alina, Mukhammad Kiat, and Savelii Ilyukhin. "Analysis of PSC Gross Split Implementation in Russian Offshore." In International Conference "Computing for Physics and Technology - CPT2020". Bryansk State Technical University, 2020. http://dx.doi.org/10.30987/conferencearticle_5fce277149eb21.22103852.

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Product Sharing Contract with Gross Split scheme come up as an alternative solution for developing a healthy, fair and sustainable international oil and gas cooperation in Russian offshore. In the application, benefits will be optimal for all parties if all legal requirements and business interests are met. Regarding that, the monitoring process on PSC GS implementation is as crucial as the negotiation process in making suitable terms and conditions for both parties. However, the real problem is negotiation participants (representatives of parties) are not fully aware of all PSC elements, whic
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Vuković, Zoran. "PRAVNI POLOŽAJ SPORTSKOG AGENTA U PREGOVORIMA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.377v.

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Professional sports is rapidly moving in the direction of full commercialization and is a highly profitable business activity worth tens of billions of dollars annually. The professionalization of certain sports disciplines, the multiple increase in the number of transfers and profits in sports, resulted in, inter alia, the emergence of a whole range of new occupations in the sports system. Among them are sports agents who, acting under the authority they have, mediate in sports transfers, or endeavor to bring the sportspersons into a sport organization for the purpose of negotiating the concl
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Elshazly, Mostafa. "Legal Insights on Energy Projects Management: Challenges of the Implementation of Liquidated Damages Provisions Under Engineering, Procurement, Construction and Commissioning Contracts." In ADIPEC. SPE, 2024. http://dx.doi.org/10.2118/222282-ms.

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Abstract Energy projects are frequently a subject of very detailed specifications and strict deadlines, poor performance or delays can throw the project and its schedules into disarray, inflate budgets, and strain relationships between the Contractor and the project company/owner. Poor performance and delayed performance of works related to the energy project often translates into increased costs due to overtime wages, penalties for missed deadlines, or additional expenses incurred by the project company/owner to rectify off-specs works and to expedite progress of the project. This may result
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PRAPORȘCIC, VALERIA. "CONTRACTS AND THEIR ADAPTATION TO EXTERNAL CHANGES: FROM HARDSHIP CLAUSES TO JUSTIFYING IMPEDIMENTS." In COMPETITIVENESS AND INNOVATION IN THE KNOWLEDGE ECONOMY. Editura ASE, 2025. https://doi.org/10.24818/cike2024.03.

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In the context of increasing global uncertainties, such as economic crises, pandemics, and regulatory changes, contract adaptation mechanisms have become essential tools for maintaining stability in commercial relationships. This study examines the role and effectiveness of specific contractual clauses, namely hardship clauses and justifying impediments (such as force majeure), in enabling parties to adjust their obligations and mitigate risks arising from unforeseen external changes. The research aims to provide a comprehensive analysis of the theoretical foundations, legal frameworks, and pr
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Sevcenco, Violeta. "Non-tariff barriers in international trade." In Simpozion stiintific al tinerilor cercetatori, editia 20. Academy of Economic Studies of Moldova, 2023. http://dx.doi.org/10.53486/9789975359023.03.

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In the contemporary economy there have always been and always will be certain protective trade policies that require contrary actions to restore a level playing field with fair trade. Clearly, the reasons for the slowdown in global trade are manifold. In this context non-tariff measures remain a not infrequently controversial subject of discussion and negotiation. States are hampered by more or less direct impediments, such as domestic policies and regulations, trade administration procedures, attitudes and behaviour of authorities, corruption, discrimination, public (judicial, legal) systems
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Nägele, Rainer, Anne Sophie Tombeil, Peter Ohlhausen, et al. "Governance of interconnected value creation systems: rules of engagement for effective cooperation among companies in a competitive context." In 15th International Conference on Applied Human Factors and Ergonomics (AHFE 2024). AHFE International, 2024. http://dx.doi.org/10.54941/ahfe1005083.

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In the context of the digital transformation of the 21st century, this paper explores the evolution from traditional, hierarchically organized value chains to dynamic, networked multi-actor constellations. The focus is on identifying and analyzing suitable governance mechanisms that are crucial for the success of both individual partners and the value creation system as a whole. Through a combination of comprehensive literature research and qualitative interviews with various leading experts from business, science, and politics the relationships between value creation, networking, and governan
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Abacı, Hilal, Gizem Saray, Hasan Akça, and Levent Şahin. "Investigation of EU Grant Funded Projects Implemented in Turkey (2000-2015)." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01400.

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Turkey has benefitted from financial assistance of the EU in order to enhance the institutional capacity and the quality of legislation in different areas since 2001. It is aimed that Turkey could integrate easily to common policies when she became a full member of the EU via projects funded by the EU. In this context, financial assistance is distributed to both public and private sectors and also non-governmental organizations via Central Finance and Contracts Unit (CFCU), National Agency, Agriculture and Rural Development Support Institution (ARDSI), and Ministries. At least 50% or all of th
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SIMONE, Pierluigi. "THE RECASTING OF THE OTTOMAN PUBLIC DEBT AND THE ABOLITION OF THE CAPITULATIONS REGIME IN THE INTERNATIONAL LEGAL ACTION OF TURKEY LED BY MUSTAFA KEMAL ATATÜRK." In 9. Uluslararası Atatürk Kongresi. Atatürk Araştırma Merkezi Yayınları, 2021. http://dx.doi.org/10.51824/978-975-17-4794-5.64.

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The recast of the international debt contracted by the former Ottoman Empire and the overcoming of the capitulations regime that had afflicted Turkey for centuries, are two of the most relevant sectors in which the political and diplomatic action promoted by Mustafa Kemal Atatürk has been expressed. Extremely relevant in this regard are the different disciplines established, respectively, by the Treaty of Sèvres in 1920 and then by the Treaty of Lausanne in 1923. After the Ottoman Government defaulted in 1875, an agreement (the Decree of Muharrem) was concluded in 1881 between the Ottoman Gove
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Reports on the topic "Legal contract negotiation"

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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, 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 partne
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