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Journal articles on the topic 'Non-performance of contract'
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Chahal, Amarjot Singh, Parminder Kaur, and Shaikh Mohd Mouzam. "Economic performance of contract and non-contract broiler farming in Punjab." Agricultural Economics Research Review 37, no. 2 (2024): 183–93. https://doi.org/10.5958/0974-0279.2024.00013.6.
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Arsentieva, S. S. "Non-performance of a civil contract-fraud?" Bulletin of Chelyabinsk State University. Series: Law 6, no. 1 (2021): 26–29. http://dx.doi.org/10.47475/2618-8236-2021-16104.
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Harrison, Glenn W., and Jia Min Ng. "Welfare effects of insurance contract non-performance." Geneva Risk and Insurance Review 43, no. 1 (April 10, 2018): 39–76. http://dx.doi.org/10.1057/s10713-018-0024-0.
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Tjong Tjin Tai, Eric. "Force Majeure and Excuses in Smart Contracts." European Review of Private Law 26, Issue 6 (December 1, 2018): 787–804. http://dx.doi.org/10.54648/erpl2018055.
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Abstract: A classic legal problem is whether breach of contract may give rise to a remedy. Under common law this is discussed under the doctrine of excuses. Its civil lawequivalent is the attributability of causes of non-performance of an obligation, and its converse, force majeure. Despite the variety of approaches in various jurisdictions, the general outlines are roughly equivalent as far as translation into smart contracts is concerned: the main issue is what is the cause of non-performance and whether this cause can be attributed. Smart contracts can deal with the general outline of this structure, but may in practice only approximate the refinement that contract law offers. Themain problems are: determining the actual cause of the non-performance by means of automated oracles or the smart contract on its own (without relying on human judgment), dealing with multiple causality and impediments due to the creditor, determining attributability of the cause of non-performance. Smart contracts may offer no more than an approximation of the detailed rules of contract law, by hard-and-fast rules. This may suffice for certain categories of contracts, but may need additional effort to obtain a closer approximation of contract law rules where larger interests are concerned. The related doctrine of withholding performance is similarly difficult to realize appropriately in smart contracts. As regards hardship or unforeseen circumstances, it is best to disallow this in smart contracts,which leaves open the questionwhether partiesmight go to court for relief. The reliance on oracles furthermore opens a weakness to the automatic performance of smart contracts, due to possible liability of oracles for perceived incorrect assessment.
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A. Durgadevi and DR. M. Rajeswari. "TAMIL NADU CONTRACT FARMING: A CASE OF RICE SEED AND GHERKIN CULTIVATION." International Journal of Economic, Business, Accounting, Agriculture Management and Sharia Administration (IJEBAS) 3, no. 6 (October 14, 2023): 1824–29. http://dx.doi.org/10.54443/ijebas.v3i6.1221.
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ABASTRACT
In this essay, the performance of contract farming in Tamil Nadu is discussed. It contracts non-contract farming with contract farming for gherkins and rice seed. It demonstrates how the traits of farm households with contracts and those without contracts differ. The main challenges contract farmers encounter is determined to be late payments, credit issues, water shortages, and the inability to achieve quality standards. The concerned contracting firm typically shifts output to other farms and to other regions whenever productivity declines.
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Dalton, J. "Performance-based contract for non-revenue water reduction – case study Bahrain." Water Supply 19, no. 4 (October 5, 2018): 1073–79. http://dx.doi.org/10.2166/ws.2018.159.
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Abstract A performance-based contract (PBC) for non-revenue water (NRW) reduction was executed in the Muharraq Governorate of the Kingdom of Bahrain between 2013 and 2016. The contract included a mixture of fixed and performance-based payment terms. The performance element included the establishment of 35 District Metered Areas (DMAs) and the targeted reduction of NRW by 15 percentage points within the project catchment. The contract was a partnership between the contractor and the utility, whereby the contractor undertook the investigative work, while the utility was responsible for executing all resulting construction activities. A number of important lessons were learnt that should be applied to future projects. The contract design arguably placed too much risk upon the contractor. The original project timescale proved to be completely unrealistic. The data collected following DMA establishment enabled the cause of NRW in each DMA to be determined and the appropriate action taken. The quick win for real losses was automated pressure control, while permanent monitoring of large industrial users represented the same for apparent losses. Knowledge transfer to the utility proved to be arguably more important than achievement of contractual NRW targets. The contractor–utility working relationship proved crucial in facilitating eventual project success.
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사동천. "Termination of the contract in non-performance - focus on PECL -." Journal of hongik law review 11, no. 3 (October 2010): 231–61. http://dx.doi.org/10.16960/jhlr.11.3.201010.231.
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Brezniceanu, Andra Maria. "Order of Performance of Obligations." International conference KNOWLEDGE-BASED ORGANIZATION 29, no. 2 (June 1, 2023): 41–47. http://dx.doi.org/10.2478/kbo-2023-0034.
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Abstract The proposed article examines the treatment of the order of enforcement of obligations by parties in Romanian law. The order of performance is a key issue in contracts and can influence the rights and responsibilities of the parties involved. According to the Romanian Civil Code, the order of performance of obligations can be determined by agreement of the parties or by applicable legal provisions. Thus, the parties may expressly stipulate in the contract the order in which they are to perform their obligations. If the contract does not provide for such an order, the Civil Code provides general principles and rules for determining the priority of performance of obligations. In practice, compliance with the order of performance of obligations may be essential if one of the parties does not fulfil its contractual responsibilities. If one party fails to perform its obligation in accordance with the established order, the other party may claim non-performance of the contract and seek termination, damages or other remedies available under the law. It is therefore crucial that parties pay particular attention to establishing and respecting the order of performance of obligations in contracts. This will help to avoid disputes and provide a clear and predictable framework for contractual relations. In conclusion, the order of performance of obligations in Romanian law is an important issue in contracts. Both by agreement of the parties and by application of the general rules, the aim is to establish a clear hierarchy of contractual obligations. Compliance with this order can protect the interests of the parties and facilitate the efficient resolution of disputes in the event of non-compliance with the contract.
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Sein, Karin, and Piia Kalamees. "Price Reduction in the System of Contractual Remedies." European Review of Private Law 23, Issue 2 (April 1, 2015): 263–80. http://dx.doi.org/10.54648/erpl2015020.
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Abstract: This article focuses on two aspects regarding the contractual remedy of price reduction. First, it analyses whether price reduction as a remedy can be used in case of breach of any type of contract or should be limited to the more traditional areas of application, such as a breach of sales contract, contract for work, or lease contract. At the moment, both approaches are represented in legal traditions of various countries and these differences are also present in international instruments. The authors suggest that allowing price to be reduced in case of breach of any type of contract has some significant advantages. Second, the article examines which remedies can be used cumulatively with price reduction and which remedies preclude it. This issue is discussed in the light of breach of both types of contracts - contracts for non-successive performance and contracts for successive performance. The authors are of the opinion that distinct differences exist in respect of rules governing cumulation of price reduction and other remedies contingent on the nature of the contract (non-successive/successive). The analysis of the aforementioned questions is based primarily on the regulation of the Draft Common Frame of Reference (DCFR), Common European Sales Law (CESL), German Civil Code (BGB), and the Estonian Law of Obligations Act.
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Maleki, Mohammad Reza, and Ali Mohammadzadeh. "The Effects of Non-Performance of Contract as a Result of Frustration of Purpose." Journal of Politics and Law 10, no. 2 (February 28, 2017): 200. http://dx.doi.org/10.5539/jpl.v10n2p200.
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Appearing of forcible events or other reasons which hinder the performance of contract or cause its frustration has special legal effects and destroy the casual link between the obligator and the loss resulting from its non-performance. In this situation, these reasons affect the structure of contract and possibly may cause the discharge or suspension of contract. Therefore, the effect of occurring this kind of excuse are twofold. One of the important consequences of occurring this event is the exemption of the obligator from contractual responsibility, because, the non-performance is not attributed to him. The other effect is that force majeure changes the structure of the contract. A contract that encounters to force majeure may be discharged forcibly or willingly or its performance suspended. Our purpose in this article is to review these effects.
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Maleina, M. N. "The Contract for the Performance of Sociological Research Using the Questionnaire Method (Legal Qualification, Content of the Contract, Contract Formation)." Lex Russica, no. 4 (April 24, 2021): 23–32. http://dx.doi.org/10.17803/1729-5920.2021.173.4.023-032.
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Currently, neither conclusion nor execution of the contract for the performance of sociological research have legal regulation. The paper proves that the contract under consideration refers to civil contracts for the provision of services. Thus, in case of a dispute, the general rules of Chapter 39 of the Civil Code of the Russian Federation (“Reimbursable Services”) should be applied. The ICC/ESOMAR Code applies to sociological services relations if the parties in the agreement between them have stated the provisions of the ICC/ESOMAR. The essential terms of the contract for the performance of sociological studies using the questionnaire should include: the subject matter of the contract; the type and characteristics of the information collected; the method of research; the study respondents; confidentiality of respondents’ personal data; the term (period) and the place of the study. The subject matter of the contract under consideration covers the main actions of the parties: the performer conducts the sociological research (collects, purposefully processes and transmits certain information), and the customer accepts and pays for services rendered. The collected data is intended for establishing and analyzing social trends, patterns of social development, solving the problems of the society as a whole, population groups and a separate team. Non-essential terms of the contract for the performance of sociological studies using the questionnaire method include the terms stipulating the method of conducting the questionnaire, the quality of the research, the registration of the result of the study and the procedure for the transfer of information, the amount and procedure of remuneration for services rendered, the terms regulating liability for non-performance of the duties of the parties. The author proposes to enshrine in the law a simple written form of any kind of contract for the performance of sociological research regardless of the price of the contract, the personality of the customer and the performer indicating that failure to comply with the simple written form of the contract entails its invalidity.
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Calafus, Maria. "Legal Aspects of Invoking the Exception of Default in the Insurance Contract." Proceedings of The World Conference on Research in Social Sciences 2, no. 1 (April 26, 2025): 38–46. https://doi.org/10.33422/socialsciencesconf.v2i1.988.
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In this article, we will try to clarify the possibility of invoking the exception of non-performance in the insurance contract, which is a synallagmatic contract, but which presents a series of particularities that call into question the simultaneous performance of the contracting parties' obligations. Because of the specific nature of the insurance contract, the plea of non-performance of the contract is questionable, since the performances to which the contract gives rise are not simultaneous. Thus, the insured pays the insurance premium when the contract is concluded or in installments during performance, and the insurer pays the indemnity when the insured event occurs or is discharged if it does not occur. This obligation to pay the insurance premium is correlative to the insurer's obligation to pay the indemnity, but it is prior to the latter, the insurer's performance being conditional on this prior operation. At the same time, in legal doctrine, the question has been raised as to whether there is still a correlation between the reciprocal obligations assumed by each of the parties, as long as the risk has not been realized. However, the plea of non-performance of the contract is based on the simultaneous performance of the obligations by the parties to a sign-signatory contract, and when they set a time limit for performance, the plea can no longer be invoked.
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Hartkamp, Arthur. "The UNIDROIT Principles for International Commercial Contracts and the Principles of European Contract Law." European Review of Private Law 2, Issue 3/4 (December 1, 1994): 341–57. http://dx.doi.org/10.54648/erpl1994040.
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Abstract. The year 1994 has witnessed the publication of two instruments of international contract law: the UNIDROIT Principles for International Commercial Contracts and the first part of the Principles of European Contract Law. Both documents contain general provisions and chapters on performance and non-performance of contracts. The contents of these are compared in this article. The survey shows that the two sets of Principles resemble each other to a large extent, not merely in the editorial form in which they (and the accompanying comments) are presented, but also in the topics dealt with and in the solutions that have been chosen. However, there are notable exceptions, such as the receipt and dispatch rules (see section 1.3 of this article); usages (1.4); price determination by third person (2); payment of an obligation expressed in currency other than that of the place of payment (3.2); right to cure (4.3); exceptions to specific performance of monetary obligations (4.6); policy towards restitution (4.8): foreseeability and intentional non-performance (4.10): and reliance on exemption clause (4.10). New uniform rules have been worked out on topics which traditionally have divided legal systems, such as the principle of good faith and fair dealing, hardship, contracts in favour of a third party, specific performance, the concept of non-performance, termination, penal clauses and restrictions on exemption clauses. The outcome suggests that an international unification of Principles of contract law is not as unrealistic a project as many have considered it to be until now. Resume. En 1994 ont vu le jour deux documents de droit des contrats international: les Principes relatifs aux contrats du commerce international de I’UNIDROIT et les Principes du droit Européen des contrats (première partie). Les deux textes contiennent des dispositions générales et des chapitres sur I’exécution ainsi que sur I’inexécution des contrats. L’étude comparative nous montre que les deux textes présentent des fortes resemblances, tant du point de vue de la forme (et cela également les commentaires) que du fond, c’est-á-dire les sujets traités et les solutions choisises. Il existent néanmoins des exceptions importantes, comme les principes de la réception ou de l’expkdition d’une notification (voir no. 1.3 de cet article); les usages et pratiques (1.4); la fixation du prix par un tiers (5); le paiement d’une obligation exprimhé dans une monnaie autre que celle du lieu de paiement (3.2); la correction par le débiteur (4.3); les exceptions au droit du créancier d’exiger l’exécution d’une obligation non pécuniaire (4.6); les régles relatifs á la restitution (4.8); la prévisibilité du préjudice (4.10); le contrôle des clauses exonératoires (4.10). En somme, des régles uniformes tout-à- fait novatrices ont été élaborées sur des sujets qui ont traditionnellement divisé les systèmes juridiques, comme le principe de la bonne foi, le hardship, les stipulations en faveur d’un tiers, le droit d’exiger I’exécution des obligations, l’élaboration du principe de I’inexécution essentielle, le droit
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Možina, Damjan. "Raskid ugovora: Skica i Zakon o obligacionim odnosima." Anali Pravnog fakulteta u Beogradu 70, no. 5 (December 29, 2022): 517–42. http://dx.doi.org/10.51204/anali_pfbu_22mk17a.
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The paper presents an analysis of the regulation of termination of contract due to a breach in the Yugoslav Law on Obligations (1978) and the Draft Code on Obligations and Contracts (1969), prepared by Mihailo Konstantinović. In the area of termination of contract, Konstantinović’s primary source of inspiration was the Uniform Law on the International Sale of Goods (ULIS, 1964). The regulation of breach of contract in the Draft Code is not based on a uniform notion of breach of contract, rather, there are different types of breaches: non-performance (debtor’s default), defective performance, and impossibility of performance. The Legislative Commission, making changes to the Draft Code, retained its structure, including the regulation of different types of breaches, but made changes with regard to termination of contract. Compared to modern model laws, these changes represent some of the key shortcomings of the regulation of this area in the Law on Obligations.
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Zaheeruddin, Mohammed. "THE COVID-19 PANDEMIC – AN IMPEDIMENT IN PERFORMANCE OF CONTRACTS." Balkans Journal of Emerging Trends in Social Sciences 3, no. 2 (December 2020): 177–85. http://dx.doi.org/10.31410/balkans.jetss.2020.3.2.177-185.
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The COVID-19 pandemic has created unprecedented situation all over the world, ocmpelled the governments to declare lockdown, closing of businesses, industries, commercial activities, ban on certain imports and exports. Under these circumstances, an obligor may not be able to perform his contractual obligations, consequently may result in breach of contract. In case of claim of damages by the obligee for breach of contract, the obligor may seek exemption from damages under the law of impediment or force majeure. According to Article 79 of the UN Convention on Contracts for the International Sale of Goods 1980 (CISG), a party is not liable for damages due to non-performance, delay or defect in performance, if he can prove that the failure was due to an impediment beyond his control. The COVID-19 situations are beyond the control of the parties to the contract, must be considered as an impediment or force majeure and the non-performing party is entitled for exemption from damages under Article 79 of CISG.
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Zhu, John Y. "A Foundation for Efficiency Wage Contracts." American Economic Journal: Microeconomics 10, no. 4 (November 1, 2018): 248–88. http://dx.doi.org/10.1257/mic.20160222.
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In many jobs, the worker generates only subjective performance measures privately observed by the employer, and contracts must rely on employer reports about these measures. This setting is a game with private monitoring, and prior work suggests that the optimal contract may be complex and non-recursive. I introduce a novel equilibrium refinement and show that the optimal contract simplifies to an efficiency wage contract: The worker receives a wage above his outside option and reports take a pass-fail form. Each report depends only on performance since the previous report, and effort incentives are provided purely through the threat of termination. (JEL D86, J41)
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Tarigan, Gita Gisela Andriani Br, Detania Sukarja, Dedi Harianto, and Tengku Keizerina Devi Azwar. "Dispute Resolution over Music Performance Contract Cancellation Due to the Effects of Controversial Actions." Al-Ishlah: Jurnal Ilmiah Hukum 27, no. 2 (July 9, 2024): 135–55. http://dx.doi.org/10.56087/aijih.v27i2.476.
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This research aims to analyze the category of music performance contract cancellations due to controversial actions and the forms of non-litigation dispute resolution between the event organizer and 1975. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that the controversial actions of The 1975 vocalist in Malaysia, leading to the cancellation of their performance at “We the Fest 2023” in Jakarta, constitute a breach of contract. This cancellation not only reveals the direct impact on the event but also highlights the importance of clauses in contracts that specifically regulate public behavior and the potential consequences of such behavior, both legally and ethically. Furthermore, the dispute resolution between the Event Organizer and The 1975 following the cancellation of their performance was achieved through negotiation. The dispute resolution process between the two parties was effective and took only two days, demonstrating that negotiation is a quick and efficient non-litigious method. Therefore, it is recommended that event organizers and artists, singers, or bands include and clarify clauses in performance contracts related to public behavior and its potential consequences. These clauses should detail the fines or legal consequences that may arise from controversial actions that could negatively affect the execution of the contract or the reputation of the involved parties. Additionally, Event Organizers are advised to set behavior standards that band personnel must adhere to while on stage, thereby minimizing the risk of future music performance cancellations. Lastly, both Event Organizers and music bands should prioritize non-litigation as the initial step before pursuing litigation, as negotiation has proven efficient and effective in resolving disputes arising from breaches of contract due to controversial actions.
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PAK, HYUN-JUNG. "Liability for damages in anticipatory non-performance under the Chinese contract law." Dong-A Journal of International Business Transactions Law 38 (July 31, 2022): 23–46. http://dx.doi.org/10.31839/ibt.2022.07.38.23.
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Gwak, Minhui. "A Comparative study on the relationship between ‘fundamental non-performance’ and ‘Nachfrist’ requirements for termination of contract." Korean Association of Civil Law 109 (December 31, 2024): 121–64. https://doi.org/10.52554/kjcl.2024.109.121.
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The CISG-based cancellation structure, that is, in the case of cancellation, does not require attributable reasons, and the cancellation structure centered on the so-called “fundamental breach of contract” has been directly accepted in each country's revised laws. In particular, it can be seen in common that reasons attributable to major countries such as Germany, France, and Japan tend to be deleted from the recently revised laws. Instead, the acceptance of the requirements for “fundamental non-performance” is being considered, for example, in the revision of the German Civil Code, the concept of “fundamental non-performance” is recognized as an exception while expanding the scope of application to all contract violations in principle by canceling the set of the Nachfrist. The Japanese Civil Code also requires the concept of serious non-performance, albeit passive, through a minor defense, with the highest cancellation as a principle. It can also be understood in the same context that the French Civil Code requires the materiality and non-existence of non-compliance while acknowledging the avoidance of contract by the creditor's expression of intention other than the court's avoidance of contract. Regarding the introduction of the “fundamental non-performance” requirement, it is also approved by comparative law, and the revision of our civil law is expected to be introduced based on what has been discussed in practice. The problem is that in the case of introducing a “fundamental non-performance”, the relationship with the “Nachfrist” requirement, which has been previously required as a requirement for avoidance of contract, should be considered. The former originated in British-American law, and the latter originated from Nachfrist of German law, which is a heterogeneous requirement resulting from separate and independent legal systems. In response, the CISG recognizes the avoidance of contract of the “fundamental non-performance” and the setting of the “additional period of time” as “parallel” - respectively independent requirements for avoidance of contract, which are evaluated as a successful fusion of separate systems in comparative law. On the other hand, in German law or recently revised Japanese law, Nachfrist for avoidance of contract is a principle, and the concept of serious non-performance is passively accepted, and both are composed of coexistence requirements. In our 2013 amendment, fundamental non-performance, minor defense- and maximum have been constituted as practical and procedural requirements for avoidance of contract, respectively (Article 544 (1) and (2) of the 2013 Amendment). As the recent legislation of each country has different ways of accepting the two heterogeneous systems, it is necessary to review how to establish the relationship between these requirements in the discussion on the revision of our law. Until now, there has not been much active discussion on this point. This article examines the relationship between fundamental non-performance and Nachfrist for avoidance of contract from the perspective of historical and comparative law.
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Danailova, Maria. "Enforcement of Administrative Contracts." De Jure 13, no. 2 (December 21, 2022): 269–84. http://dx.doi.org/10.54664/dnzi4433.
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The signing of the administrative contract presupposes voluntary performance of the obligations assumed by it. In case of non-performance, there is coercive enforcement. This article examines the questions concerning the legal mechanisms of how this should be done; how the legislator regulates the performance of administrative contracts in the Bulgarian Code of Administrative Procedure and in special laws, and addresses the issue of jurisdiction over disputes about performance; and why the provision of Art. 128, item 3 of the Code governs requests for the performance of administrative contracts in the existence of а coercive enforcement procedure under the Code. The article justifies the assumption that, even in the field of administrative contract enforcement, the administrative authority is not an equal partner in finding solutions to satisfy the public interest, but remains a counterparty in a dominant position.
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Lando, Ole. "Is codification needed in Europe? Principles of European Contract Law and the relationship to Dutch law." European Review of Private Law 1, Issue 1/2 (March 1, 1993): 157–70. http://dx.doi.org/10.54648/erpl1993010.
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Abstract. The Commission of European Contract Law has been established to provide principles of contract law for the European Communities. These principles are intended to serve as guidelines for the institutions of the European Communities when they are in need of contract rules to govern issues which are not subject to national law. They will serve as a draft of a future European Code, the preparation of which has been advocated by the European Parliament in 1989. The principles may also help national courts who have to interpret the existing uniform or harmonized laws. They need a backbone of common principles to serve as a legal background for the interpretation of the uniform laws. Finally the principles may be useful for arbitrators in international commercial disputes. The arbitration are often in search of general principles of law which they prefer to national laws. The Commission of European Contract Law is a non-governmental body of about 20 lawyers from the 12 EC-Countries. From 1982 till 1992 it has worked on questions concerning performance and non-performance (breach) of contracts. This first part of its work will be published in 1993. Presently the Commission is working at the questions concerning formation, validity, interpretation and asignment of contracts.
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Tyéri B., Tcheubeu Nana, and Ngomesse Njike Désirée. "Controle Et Performance Des Reseaux De Pme Camerounaises : Une Approche Transactionnelle." European Scientific Journal, ESJ 13, no. 7 (March 31, 2017): 215. http://dx.doi.org/10.19044/esj.2017.v13n7p215.
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Nowadays, companies, and especially SMEs, are engaged in fierce competition. One of the solutions to this strong competition is for these companies to reduce the number of potential suppliers and to establish strategic partnership relationships. This is how a networked organization allows them to be more flexible and better able to adapt to this environment. Research, however, reveals a very weak life experience of business networks. The objectives of this work are to present the control in the transactional approach within SME networks, to check whether it can explain the performance of these SMEs. From an observation of 54 Cameroonian SMEs in the manufacturing and logistics sectors, it is clear that among the tools of the transactional control mode, contracts less than six months are the most used and these negatively influence the performance of network SMEs. This important use of contracts of less than six months may be due to non-compliance with the terms of the contract by the partners, legal and judicial insecurity which leads the partners to evaluate first the performance of a contract less than six months, before moving on to another contract.
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Hepeș, Raul Alexandru, and Roxana Denisa Vidican. "CREDITOR'S RIGHTS IN CASE OF NON-PERFORMANCE OF CONTRACTUAL OBLIGATIONS. RESOLUTION, TERMINATION AND EXCEPTION TO NON-ENFORCEMENT." AGORA INTERNATIONAL JOURNAL OF JURIDICAL SCIENCES 16, no. 2 (December 30, 2022): 4–9. http://dx.doi.org/10.15837/aijjs.v16i2.5128.
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Protecting the interests of the parties to a contract in case of non-execution by the other party has always been a current issue, and the remedies that the wronged party can enjoy have undergone changes in accordance with the development of contractual relations.
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Karton, Joshua. "Contract Law in International Commercial Arbitration: The Case of Suspension of Performance." International and Comparative Law Quarterly 58, no. 4 (October 2009): 863–96. http://dx.doi.org/10.1017/s0020589309001419.
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AbstractDespite much attention to the controversial lex mercatoria, international commercial arbitration remains underanalysed as a venue for contract law unification. This article considers a specific case of substantive contract law in arbitration, the remedy of suspension of performance: When will one party's non-performance enable the other party to withhold performance without terminating the contract? In domestic laws, suspension of performance is governed by clearly-defined doctrines; however, it remains unclear whether it constitutes a general principle of international law. This article places suspension in a comparative context, then analyses the published arbitral awards for indications of arbitrators' preferences.
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Khanderia, S. "Transnational Contracts and Their Performance During the COVID-19 Crisis: Reflections from India." BRICS Law Journal 7, no. 3 (October 10, 2020): 52–80. http://dx.doi.org/10.21684/2412-2343-2020-7-3-52-80.
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The outbreak of COVID-19 has severely impacted the performance of contracts across the globe. In some situations, the outbreak may render the performance of contracts impossible as a result of governmental restrictions in the form of national lockdowns to curb the spread of the virus. In other situations, the pandemic may adversely impact the execution of contractual obligations by dramatically affecting the price of the performance and, thus, resulting in hardship or commercial impracticability, while in certain situations the pandemic may be legally construed to not affect the performance of a contract. In domestic contracts, the consequences of such non-performance would depend on the principles of national law. In comparison, agreements with a foreign element (international contracts) are likely to increase the complexity of deciding claims arising from the non-performance of contracts due to the COVID-19 outbreak. The rights and liability of the parties would chiefly depend on the law that will govern the agreement – which differs across the globe. Some contracts would include a force majeure clause to exonerate the parties from performance on the occurrence of an event such as a pandemic. The courts’ interpretations of such force majeure clauses similarly differ across the globe. The laws of some countries would excuse the parties from performing their contractual obligations even if the pandemic resulted in hardship. Others would strictly construe the terms of such clauses and would invalidate them if the occurrence of the pandemic did not make the performance impossible. This paper examines the non-performance of transnational contracts due to the COVID-19 outbreak when they are governed by Indian law. It highlights the situations when an international contract for the sale of goods or services whose performance has been allegedly hindered due to COVID-19 would (a) frustrate and (b) breach the agreement under Indian law. The paper provides a comparative analysis of Indian law with jurisdictions such as France, Germany, Austria, China, the United Kingdom, Australia and the United States to demonstrate that Indian law is not well equipped to deal with complex lawsuits arising due to the non-performance of contracts as a result of the pandemic.
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Belokrylov, Kirill, A., Sergey, S. Tsygankov, and Sergey, V. Nalivayko. "Enforcement of the contract as a mechanism reducing the risk of non-performance." Journal of Economic Regulation 6, no. 3 (2015): 82–93. http://dx.doi.org/10.17835/2078-5429.2015.6.3.082-093.
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Grujic, Nenad. "The right to collect stipulated penalty agreed in case of non-performance, after the contract had been terminated for non-performance." Pravni zapisi 7, no. 2 (2016): 339–66. http://dx.doi.org/10.5937/pravzap0-12459.
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Alfa Taras Bulba and Anita Rauzana. "Effect of LSMC Implementation on Contractor Performance for National Road Construction In Aceh, Indonesia." Apollo: Journal of Tourism and Business 1, no. 3 (June 19, 2023): 93–96. http://dx.doi.org/10.58905/apollo.v1i3.49.
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Performance Based Contract (PBC) which is used to replace traditional contracts in national road constructions in Indonesia has been improvised into the Long Segment Maintenance Contract (LSMC). Contractor role and risk influence contractor performance; hence, the LSMC was introduced to assist contractors in improving their organizations to enhance performance in undertaking national road construction projects. This study was conducted to investigate the relationship between LSMC and contractor performance in Aceh, Indonesia, with operational capabilities as the mediator. Data collection for this study was done through a questionnaire survey, which was carried out involving non-small contractor companies from grades 5 to 7. Questionnaires were sent to 104 respondents. From the 104 questionnaires disseminated, 100 were completed and deemed usable. The data were analysed by the PLS software, followed by SPSS. The findings showed a positive relationship between LSMC and contractor performance
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Yakovlev, A., O. Demidova, and O. Balaeva. "Factors Explaining Price Decrease and Problems by Execution of Public Procurement Contracts in Russia." Voprosy Ekonomiki, no. 1 (January 20, 2012): 65–83. http://dx.doi.org/10.32609/0042-8736-2012-1-65-83.
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The main goal of the public procurement reform in Russia was to limit corruption. The government prohibited the most part of qualification criteria in the selection process and used open auctions as the main tool of contract placement. However simplification of procurement procedures led to opportunism on the side of suppliers. In this paper using the unique dataset of 2000 contracts executed in 2008-2010 for a large public customer we define the factors explaining the risk of suppliers non-performance. Econometric analysis showed that under current procurement regulation in Russia the risks of suppliers non-performance are higher for large contracts, contracts executed in October-December and contracts placed at open auctions. However contrary to anecdotal evidences, initial price decrease does not influence the performance of contractors.
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Perkušić, Marko. "The Legal Treatment of Smart Contracts under Croatian Law." Zbornik radova Pravnog fakulteta u Splitu 61, no. 4 (December 20, 2024): 473–97. https://doi.org/10.31141/zrpfs.2024.61.154.473.
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This paper analyzes smart contracts and the possibilities of applying legal regulation to them. Since smart contracts are not specifically regulated in the Republic of Croatia, the paper considers the possibility of applying European secondary law and Croatian civil law. In doing so, we consider the mode of operation of smart contracts, as well as the various systems by which they can function. Then we determine whether a smart contract is a contract at all and what are the legally relevant features of smart contracts that could help us classify smart contracts. Accordingly, we determine the differences between smart contracts based on the public (decentralized) blockchain and smart contracts based on the private (centralized) blockchain, as well as the differences between the so-called strong and weak smart contracts. From the legal aspect, we analyze the method of concluding smart contracts, their execution, terms of the contract and its interpretation, as well as the fulfillment of the contract itself. The mentioned aspects are considered and compared from the aspect of the applicable law, and special attention is paid to voidability of smart contracts and termination due to non-performance, as well as consumer protection.
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Prabowo, Arjak, and Ani Muttaqiyathun. "ANALISIS PERBEDAAN MOTIVASI DAN PRESTASI KERJA ANTARA KARYAWAN TETAP DAN KARYAWAN KONTRAK PADA PERUSAHAAN “KAMPOENG BRASCO FACTORY OUTLET” CIPANAS CIANJUR JAWA BARAT." Jurnal Fokus Manajemen Bisnis 2, no. 1 (March 31, 2012): 33. http://dx.doi.org/10.12928/fokus.v2i1.1315.
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The purpose of this study was to determine the difference of the variable work motivation among permanent employees and contract employees (financial motivation and non financial motivation), and differences in job performance between among permanent employees and contract employees at the company Kampoeng Brasco Factory outlet cipanas, cianjur, west java. The population in this study were all permanent employees and contract employees Kampoeng Brasco Factory outlet cipanas, cianjur, west java respectively numbered 35 people. The sample selected for permanent employees using sampling methods saturated. And for contract employees using random sampling methods. This study used independent sample t-test. Current Research showed that motivation difference between permanent employees and contract employees. Research on work performance variables showed that performance difference between permanent employees and contract employees.
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Adiyanto, Taufiq. "Dealing with Unexpected Circumstances: Judicial Modification of Contract under Indonesian and Dutch Law." Hasanuddin Law Review 5, no. 1 (May 4, 2019): 102. http://dx.doi.org/10.20956/halrev.v5i1.1508.
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After the conclusion of a contract, uncontrolled situations of the parties may lead to non-performance of the contract not only in the form of impossibility but also through excessive onerousness. This paper is seeking to compare regulations and cases concerning change of circumstances of the contract under the Indonesian and Dutch legal systems. The aim is to compare a legal remedy when the contract is imbalance and puts other party in burdensome condition to perform. Indonesian law still uses the all-or-nothing approach of termination and rejects the concept of subjective (relative) force majeure to modify a binding contract, although in some cases Indonesian Supreme Court has modified some contracts on the basis good faith principle. Dutch law, on the other hand, has an explicit provision for adjustment of contract on the basis unforeseen circumstances in Article 6:258 DCC. This jurisdiction accepts that unforeseen circumstances can be justified as a basis for adaptation of the contract.
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Gosden, Toby, Jacky Williams, Roland Petchey, Brenda Leese, and Bonnie Sibbald. "Salaried contracts in UK general practice: a study of job satisfaction and stress." Journal of Health Services Research & Policy 7, no. 1 (January 1, 2002): 26–33. http://dx.doi.org/10.1258/1355819021927647.
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Objectives: To compare job satisfaction and stress levels of general practitioners (GPs) employed on salaried contracts with GPs on a 'standard' performance-related contract paid by fee-for-service and capitation. Methods: Job satisfaction and stress levels were assessed using data from two postal surveys of GPs: a national survey of 'standard' contract GPs carried out in 1998; and a survey of salaried GPs and their non-salaried GP employers in 1999. Differences in satisfaction and stress scores were assessed by t-tests; regression analysis was used to control for confounding factors and possible selection bias. Results: We achieved a response rate of 77% in the 1999 survey of salaried and non-salaried GPs; 48% of 'standard' contract GPs responded in the 1998 survey. We found that salaried GPs were as satisfied overall as both non-salaried GP employers and GPs on the 'standard' contract, even after controlling for confounding factors and selection bias. Salaried GPs were more satisfied with their remuneration, working hours and the recognition they got for their work. They experienced more stress with two factors but less stress with 19 factors compared with the 'standard' contract GPs. Conclusions: Overall job satisfaction levels among salaried doctors were similar to those of doctors on contracts paid by mixed fee-for-service and capitation. Future studies of job satisfaction levels under different doctor payment systems need to take account of the extent to which doctors have preferences for different types of contract if they are to derive unbiased results.
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Ciptono, Wakhid Slamet. "A SEQUENTIAL MODEL OF INNOVATION STRATEGY—COMPANY NON-FINANCIAL PERFORMANCE LINKS." Gadjah Mada International Journal of Business 8, no. 2 (May 12, 2006): 137. http://dx.doi.org/10.22146/gamaijb.5617.
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This study extends the prior research (Zahra and Das 1993) by examining the association between a company’s innovation strategy and its non-financial performance in the upstream and downstream strategic business units (SBUs) of oil and gas companies. The sequential model suggests a causal sequence among six dimensions of innovation strategy (leadership orientation, process innovation, product/service innovation, external innovation source, internal innovation source, and investment) that may lead to higher company non-financial performance (productivity and operational reliability). The study distributed a questionnaire (by mail, e-mailed web system, and focus group discussion) to three levels of managers (top, middle, and first-line) of 49 oil and gas companies with 140 SBUs in Indonesia. These qualified samples fell into 47 upstream (supply-chain) companies with 132 SBUs, and 2 downstream (demand-chain) companies with 8 SBUs. A total of 1,332 individual usable questionnaires were returned thus qualified for analysis, representing an effective response rate of 50.19 percent. The researcher conducts structural equation modeling (SEM) and hierarchical multiple regression analysis to assess the goodness-of-fit between the research models and the sample data and to test whether innovation strategy mediates the impact of leadership orientation on company non-financial performance. SEM reveals that the models have met goodness-of-fit criteria, thus the interpretation of the sequential models fits with the data. The results of SEM and hierarchical multiple regression: (1) support the importance of innovation strategy as a determinant of company non-financial performance, (2) suggest that the sequential model is appropriate for examining the relationships between six dimensions of innovation strategy and company non-financial performance, and (3) show that the sequential model provides additional insights into the indirect contribution of the individual dimensions of innovation strategy (partially mediators) to company non-financial performance —productivity or operational reliability. The findings provide empirical evidence extending the previous model of Zahra and Das. These findings also provide a basis for useful recommendations to upstream and downstream SBU managers attempting to implement a sequential model of innovation strategy —company non-financial performance links. This study shows that upstream SBUs rely on external innovation sources. They will acquire innovation policies through business partnership development (such as Joint Operation Body for Enhanced Oil Recovery or JOB-EOR, Joint Operation Body for Production Sharing Contract or JOB-PSC); licensing agreements (Technical Assistance Contract or TAC, Consortium Cooperation System); or acquisition with other firms (Joint Operating Contract or JOC). In contrast, downstream SBUs emphasize on generating internal innovation sources to develop their own in-house R&D efforts. The downstream SBUs should make extensive policies of internal innovation sources in their attempts to control the distribution of oil-based fuel and transmission of natural gas for domestic and international markets effectively. Both policies would enhance understanding and ultimately contribute to the improvement of company financial performance —sales, net profit margin, return on assets.
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Yusuf, Yusril, and Lukman Bachtiar. "Analisis Perbandingan Sistem Pendukung Keputusan Menggunakan Metode SAW dan WP Dalam Penilaian Kinerja Tenaga Kontrak." Jurnal Sistem Komputer dan Informatika (JSON) 4, no. 1 (September 30, 2022): 37. http://dx.doi.org/10.30865/json.v4i1.4421.
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Employees at the Regional Secretariat office of East Kotawaringin Regency are divided into 2, namely Permanent Employees (Civil Employees) and Contract Employees (Contract Workers). Contract workers are employees who have non-permanent employment status, so it is necessary to evaluate the quality of their performance to determine the sustainability of the contract extension. There are 6 assessment criteria that are used as a reference for assessing the performance of contract workers, namely Individual Performance Targets, Service Orientation, Integrity, Commitment, Discipline, and Cooperation. The performance appraisal of contract workers at SETDA Kotim has been computerized, but there is still no method applied to the performance appraisal of contract workers, causing the performance appraisal of contract workers to be unstructured. From these problems, a decision support system is needed to be able to assist the process of assessing the performance of contract workers. The researcher conducted a comparative analysis between the SAW method and the WP method, which is expected to determine the right method to be applied in the performance appraisal of contract workers, and can assist the personnel department in processing the performance appraisal of contract workers. Based on the final calculation results, the SAW method and the WP method can be applied in assessing the performance of contract workers and produce the same ranking order, namely the alternative contract worker named A2 = Akmad Rosidi as the best alternative, followed by the other best alternatives A5, A1, A3, and A4. From the comparison results using the MSE (Mean Squared Error) method, the Weighted Product (WP) method produces a higher deviation value than the Simple Addative Weighting (SAW) method, with a comparison of the deviation values, namely the WP method = 228679.4811, while the SAW method = 227926, 7694. So, the Weighted Product (WP) method can be recommended in assessing the performance of contract workers at the Regional Secretariat of East Kotawaringin Regency.
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Schreuder, Frits, René Schalk, and Sasa Batistič. "Examining team performance: the role of psychological contracts and engagement among co-workers." Evidence-based HRM: a Global Forum for Empirical Scholarship 8, no. 3 (July 6, 2020): 327–43. http://dx.doi.org/10.1108/ebhrm-03-2020-0029.
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PurposeThe aim of this study was to investigate the role of shared psychological contract beliefs between colleagues in a work team, in team in-role performance and extra-role behaviours.Design/methodology/approachEmployees and team managers of 113 work teams answered questions about their working environment and relationships with experiences and perceptions. The data were used in CFA and structural modelling.FindingsThe results indicated that evaluations of co-worker psychological contracts in work teams are significantly associated with team in-role performance and extra-role behaviours through work engagement.Practical implicationsEmployees with perceived contract fulfilment not only contribute more to their team but also change their expectations of what a team should offer. Managers should be informed that these new and enhanced expectations have repercussions for existing HRM practices.Originality/valueLaulié and Tekleab (2016) have suggested that perceptions of psychological contract fulfilment shared by team members may act as a motivational driver for team performance, team attitudes and behaviours. This study is one of the first applications of this proposition in a mediation model and empirically tested for non-hierarchical co-worker relationships.
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Bento, Lucas Fulanete G., and Matheus Scussel. "IS COVID-19 AN EXCUSE FOR NON-PERFORMANCE AND NON-ENFORCEABILITY OF BUSINESS CONTRACTS? ANSWERS FROM ECONOMIC ANALYSIS WITH A BRAZILIAN PERSPECTIVE." GNLU Journal of Law & Economics 3, no. 1 (December 10, 2020): 7–25. http://dx.doi.org/10.69893/gjle.2020.000024.
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) In any contract, parties only perform because it is worthy for them, and law surely can influence their behavior making sure it is not worth breaching. (b) Business contracts with different moment of payment can be addressed as a form of investment, since the party that pays first holds the default risk while financing the activity of the counterparty. (c) COVID 19 imposes great burden and uncertainty towards the contracts and courts may aggravate such uncertainty. (d) Statutory or jurisprudence provisions are not prepared for COVID 19. (e) For its characteristics as Business counterparties, neither of the parties are interested in losing a recurrent investor or a recurrent investment. (f) The Coase theorem, once again, shows itself as the best perspective of analysis. Since neither the Courts nor the statutory provisions can interfere efficiently, only the parties, if in a built environment of low transaction costs, will allocate the burdens in an efficient way.
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Bento, Lucas Fulanete G., and Matheus Scussel2. "IS COVID-19 AN EXCUSE FOR NON-PERFORMANCE AND NON-ENFORCEABILITY OF BUSINESS CONTRACTS? ANSWERS FROM ECONOMIC ANALYSIS WITH A BRAZILIAN PERSPECTIVE." GNLU Journal of Law & Economics 3, no. 1 (September 10, 2021): 7–25. http://dx.doi.org/10.69893/gjle.000024.
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(a) In any contract, parties only perform because it is worthy for them, and law surely can influence their behavior making sure it is not worth breaching. (b) Business contracts with different moment of payment can be addressed as a form of investment, since the party that pays first holds the default risk while financing the activity of the counterparty. (c) COVID 19 imposes great burden and uncertainty towards the contracts and courts may aggravate such uncertainty. (d) Statutory or jurisprudence provisions are not prepared for COVID 19. (e) For its characteristics as Business counterparties, neither of the parties are interested in losing a recurrent investor or a recurrent investment. (f) The Coase theorem, once again, shows itself as the best perspective of analysis. Since neither the Courts nor the statutory provisions can interfere efficiently, only the parties, if in a built environment of low transaction costs, will allocate the burdens in an efficient way.
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Pytko, Julia. "THE ROLE OF PUBLIC SECTOR ENTITIES IN IMPROVING ENERGY EFFICIENCY – CHARACTERISTICS OF ENERGY PERFORMANCE CONTRACTS." Studia Iuridica 101 (2023): 340–57. http://dx.doi.org/10.31338/2544-3135.si.2024-101.24.
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Improving energy efficiency is one of the EU’s key actions to mitigate climate change. The public sector is expected to play a key role in the fight against climate change. Therefore, it is useful to describe the role of public sector entities in improving energy efficiency and the legal tools they can use for this purpose. One such tool is the energy performance contract. In this article, the characteristics of normative and non-normative acts adopted at EU and national levels in the field of energy efficiency have been identified. It also analyses the provisions on energy performance contracts in order to show what such a contract is and how its essential elements should be designed. The identification of the fundamental problems arising from the current provisions on the conclusion of energy performance contracts will contribute to the possibility of redesigning these provisions or creating new legal frameworks in a way that better responds to the needs of market participants.
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Firmansyah, Ridwan, and Nova Mardiana. "The effect of psychological contract breaches and self-efficacy on employee performance." Asian Journal of Economics and Business Management 2, no. 1 (January 11, 2023): 330–34. http://dx.doi.org/10.53402/ajebm.v2i1.259.
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PT Pegadaian (Persero) Lampung Area is a non-banking financial institution that provides credit to the public on mortgage laws in Indonesia. Psychological contract breaches are problems often found in companies where employees feel that the company violates promises made to contracts. In addition, employees' self-confidence level can influence the level of sound performance or vice versa. Performance appraisal is carried out transparently and objectively to see and evaluate employee performance. At the beginning of each financial year, PT Pegadaian (Persero) Lampung sets a Key Performance Indicator (KPI) for each work unit. The purpose of this study was to find out whether Psychological contract breaches and self-efficacy have a partial effect on employee performance at PT Pegadaian (Persero) Lampung area. Methods of data collection is using primary data. For the data analysis, we used simple linear regression and t-test; using the help of IBM SPSS version 25 software. The sample in this study was 125 respondents with a probability sampling technique and a simple random sampling method. The results of this study support the hypothesis that psychological contract breaches have a negative and significant effect on employee performance, and self-efficacy has a significant positive effect on employee performance at PT Pegadaian (Persero) Lampung Area.
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Kolobylina, O. O. "Civil contract as an institution of civil law." Bulletin of Kharkiv National University of Internal Affairs 103, no. 4 (December 25, 2023): 74–79. http://dx.doi.org/10.32631/v.2023.4.06.
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The article argues that civil law is a branch of law which regulates property and personal non-property relations between individuals and/or legal entities based on the principles of equality, free expression of will and protection of rights and legitimate interests of participants to civil legal relations. Civil law includes rules that establish the basis for the creation, modification and termination of civil relations, as well as determine the procedure for the protection of violated civil rights.
It has been stated that a civil contract as an institution of civil law is a voluntary agreement in which the parties to the contract express a single will aimed at establishing, changing or terminating civil rights and obligations and achieving certain civil law consequences in the appropriate form.
The author identifies the following key features of a civil law contract (agreement): like any contract, it is concluded on a voluntary basis, however, its parties are equal and bear mutual responsibility for non-performance and/or improper performance of their obligations; the contract is personalised; stability of the contract (agreement) terms which remain in force until they are changed by agreement of the parties or until the contract expires in accordance with the stipulated terms; flexibility of terms and conditions, since the parties have the right to determine their own terms and conditions of the contract, in particular, price, terms, scope, etc.; the scope of a civil law contract is broad, and may include issues related to the sale and purchase of goods, services, loans, lease of property, etc.; a civil law contract is an important source of civil law.
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De En Goh, G. R. "Smart contract disputes and public policy in the ASEAN+6 region." Digital Law Journal 3, no. 4 (December 30, 2022): 32–70. http://dx.doi.org/10.38044/2686-9136-2022-3-4-32-70.
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Smart contracts provide some benefits, such as better facilitation for contracting parties to monitor performance of their obligation and reducing the cost spent monitoring the contract. However, it is critical to understand various limitations of this concept as well as many legal and public policy uncertainties around it. Given the non-existence of an “universal rule” that governs smart contracts, the issues vary from jurisdiction to jurisdiction. The article applies comparative legal method to analyse the legal regulation of smart contracts in ASEAN+6 countries as well as the leading jurisdictions in the sphere of implementing digital technologies in the economy. Due to public policy considerations, there are different scenarios of smart contract development. The possible outlook is that ASEAN+6 countries would not accept smart contract as contract, cryptocurrency as property, and/or enforcing foreign awards that relate to smart contract disputes and/or cryptocurrency. Another possible way out of the deadlock is to govern relations under smart contracts by the UNIDROIT Principles. However, if the parties do not opt for such a solution, the determination of the applicable law will be left to the relevant conflict-of-laws rules with all of the uncertainties. Therefore, the author suggests that supranational laws is the better path for avoiding uncertainties in smart-contractual relationships.
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Bengtsson, Ola, and S. Abraham Ravid. "Location Specific Styles and US Venture Capital Contracting." Quarterly Journal of Finance 05, no. 03 (September 2015): 1550012. http://dx.doi.org/10.1142/s2010139215500123.
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This paper shows that several contractual equilibria coexist in the US venture capital (VC) contracts. Our database is larger than that of previous studies and includes 1,804 contracts. Our main finding is that California-based entrepreneurs receive less harsh contract terms. In particular, investors subject to California-based or California style contracts have less downside protection. This “California effect” remains large and significant even after we include all the previously discovered controls which determine contract design. We find a similar effect if the VC is located in California, or if a non-California VC had a large exposure to the California market. We do not find evidence that VCs are substituting cash flow contingencies for control rights or for performance-based CEO compensation contracts. We also document several other new contractual features of VC contracts. In particular, we find that better companies and more experienced VCs receive better contract terms, whereas older companies receive harsher contracts. We also confirm the role of concentration and proximity in financial contracts.
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Moon-Ki Choi. "A Study on the Requirement of Cancellation of Contract for Non-Performance of Obligation." SungKyunKwan Law Review 24, no. 3 (September 2012): 309–55. http://dx.doi.org/10.17008/skklr.2012.24.3.013.
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Tsui-Hsu Tsai, Tracy, and Arthur Jing Lin. "Do psychological contract and organizational citizenship behavior affect organizational performance in non-profit organizations?" Chinese Management Studies 8, no. 3 (July 29, 2014): 397–417. http://dx.doi.org/10.1108/cms-05-2013-0090.
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Purpose – The purpose of this paper is to survey volunteers and full-time employees in international non-profit organizations (NPOs) and explore the relationships among psychological contract (PC), organizational citizenship behavior (OCB) and organizational performance (OP). Design/methodology/approach – Using 573 usable responses, a linear structural equation model (SEM) was developed to examine the relationships. Findings – The results demonstrate significant positive relationships between PC and OCB, OCB and OP and PC and OP. They also show the mediating effect of OCB on the relationship between PC and OP. Research limitations/implications – Beside mediation effect, OCB and other variables might exert significant moderation effect on the relationship between PC and OP. Companies could conduct longitudinal studies to examine the changes of PC and OCB impacts on OP. Practical implications – Companies pursuing Chinese market should cooperate with NPOs in multiple ways including marketing for philanthropic purposes, supporting volunteer services and sponsoring the NPO. This way the company’s image will improve and its business will expand among its Chinese clientele. Originality/value – Budget concerns often force NPOs to downsize full-time staff, making considerable portion of their operations rely on a large number of volunteers. This study offers practical guidelines for NPOs to effectively entice and support both volunteers and employees for achieving its organizational goals.
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Calista Nawangsari, Elizabeth. "Covid-19 Pandemic As An Excuse Of Non-Performance Of Contractual Obligations From Transnational Law Perspective." Jurnal Sosial Sains 2, no. 3 (March 15, 2022): 404–9. http://dx.doi.org/10.36418/sosains.v2i3.367.
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Background: The outbreak of COVID-19 has greatlyinfluenced the world’s economic situation. Its lethal potential as well as its drastic effects on international contracts, would lead to the post-pandemic litigation and arbitration questioning the applicability of the doctrines of force majeure, frustration, and hardship as an excuse of non-performances of several contractual obligations amidst the COVID-19 pandemic. Purpose: This research will discuss on the matter of the applicability of the aforementioned doctrines and its subsequent effects to excuse a non-performing party. Methods: This research uses normative juridical method with descriptive analytical approach by researching library materials and secondary data. Results: Invoking the force majeure clause requires the event to occur externally beyond the obligor’s control; the event and its consequences could not reasonably avoided or overcome by the obligor based on an external event not by their own fault. On the other hand, contracts can be frustrated under several bases, such as changes in the law, supervening illegality, outbreak of war, cancellation of an expected event, and abnormal delay outside what the parties could have reasonably contemplated at the time of contracting. While the requirements of hardship encompass the occurrence of an event for which the obligor has not assumed the risk, non-foreseeability, unavoidability and the causing by the event of a fundamental economic disequilibrium in the contract. Conclusion: To apply the doctrines of force majeure, frustration, and hardship as an excuse of non-performance of contractual obligations during an unprecedented event such as the COVID-19 outbreak, it must be assessed on a case-by-case basis of the language of the contract in light of the governing law and the circumstances of the parties’ commercial relationship.
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Calista Nawangsari, Elizabeth. "Covid-19 Pandemic As An Excuse Of Non-Performance Of Contractual Obligations From Transnational Law Perspective." Jurnal Sosial Sains 2, no. 3 (March 15, 2022): 404–9. http://dx.doi.org/10.59188/jurnalsosains.v2i3.367.
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Background: The outbreak of COVID-19 has greatlyinfluenced the world’s economic situation. Its lethal potential as well as its drastic effects on international contracts, would lead to the post-pandemic litigation and arbitration questioning the applicability of the doctrines of force majeure, frustration, and hardship as an excuse of non-performances of several contractual obligations amidst the COVID-19 pandemic. Purpose: This research will discuss on the matter of the applicability of the aforementioned doctrines and its subsequent effects to excuse a non-performing party. Methods: This research uses normative juridical method with descriptive analytical approach by researching library materials and secondary data. Results: Invoking the force majeure clause requires the event to occur externally beyond the obligor’s control; the event and its consequences could not reasonably avoided or overcome by the obligor based on an external event not by their own fault. On the other hand, contracts can be frustrated under several bases, such as changes in the law, supervening illegality, outbreak of war, cancellation of an expected event, and abnormal delay outside what the parties could have reasonably contemplated at the time of contracting. While the requirements of hardship encompass the occurrence of an event for which the obligor has not assumed the risk, non-foreseeability, unavoidability and the causing by the event of a fundamental economic disequilibrium in the contract. Conclusion: To apply the doctrines of force majeure, frustration, and hardship as an excuse of non-performance of contractual obligations during an unprecedented event such as the COVID-19 outbreak, it must be assessed on a case-by-case basis of the language of the contract in light of the governing law and the circumstances of the parties’ commercial relationship.
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Hong, Sung-kyu, Ye-eun Oh, and Keun-sik Park. "The Scope of Immunity with Contracts on the International Sale of Goods under COVID-19." Korean Academy Of International Commerce 38, no. 3 (September 30, 2023): 1–18. http://dx.doi.org/10.18104/kalc.2023.38.3.1.
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Purpose : In this paper, legal implications were presented by analyzing whether the COVID-19 pandemic corresponds to force majeure, which is the reason for immunity from violating trade contracts, and analyzing the scope of immunity in practical application.
Research design, data, and methodology : For this study, prior studies on force majeure clause were reviewed, and the characteristics of international unification laws such as CISG, PICC, and PECL were analyzed to examine their applicability to COVID-19.
Results : In contracts on the international sales of goods, it is common to have detailed provisions on Force majeure, and it is desirable for the contracting parties to freely modify the allocation of non-performance risks according to the circumstances of individual contracts.
Conclusions : Even if force majeure such as the COVID-19 pandemic occurs, the contract should be observed through the principles of good faith and Hardship rather than the termination of the contract, and the Governing law should be specified in the contract.
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Chumak, Roman. "Civil liability for non-performance and/or improper performance of the contract for the provision of legal services." Entrepreneurship, Economy and Law, no. 1 (2021): 46–51. http://dx.doi.org/10.32849/2663-5313/2021.1.08.
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Danial, Muhammad, and Qasim Ali Nasir. "Effect of Psychological Contract on Employee’s Performance with Employee Engagement as Mediator." Journal of Research in Psychology 2, no. 2 (August 29, 2020): 24–34. http://dx.doi.org/10.31580/jrp.v2i2.1568.
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Employee performance is effected by employee psychological contract fulfillment and breach with employee performance as a mediator. The written or non spoken psychological contract of a corporation or an organization is not discussed clearly in past studies with employee engagement . Fulfillment of this contract is obliging to learn the organization whole motives. Default and incongruence theory has been discussed. This Research is cross sectional based on a survey Research and for data analysis data has been collected from one hundred and ten employees of different organizations with personally administered questionnaire using Likert scale. The conceptual frame work show some hypothesis .For analysis Regression analysis and correlation analysis with validity test have been used to see the relationship and effect of independent variables on reliant on variables. Results of this study show spiritual contract Fulfillment stimuli employee engagement which results in better employee performance in an organization. Consequences for theory and practice have been discussed with directions for future.