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Journal articles on the topic 'Pre-contractual agreements'

Author: Grafiati

Published: 10 March 2023

Last updated: 31 July 2025

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1

Nahnybida, Volodymyr, Yurii Bilousov, Yaroslav Bliakharskyi, Ievgen Boiarskyi, and Anatolii Ishchuk. "Trade agreements, digital development and international commercial arbitration." Cuestiones Políticas 40, no. 74 (2022): 160–77. http://dx.doi.org/10.46398/cuestpol.4074.08.

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The purpose of the article was to study the problems that arise during the settlement of disputes in the order of international commercial arbitration. The article used general scientific (dialectic, analysis and synthesis) and special legal (comparative legal, formal-logical, systemic, hermeneutic, axiological) methods. In the results of the research, it was established that the characteristic features of electronic development contracts in international trade are: electronic forms of conclusion of pre-contractual and contractual communication, making amendments and additions to the contract.

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Linh, NGUYỄN THỊ MỸ. "Marital Agreements in Vietnam from 1858 until Now." DÍKÉ 5, no. 1 (2021): 150–61. http://dx.doi.org/10.15170/dike.2021.05.01.10.

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The institution of prenuptial agreement is a founder of contractual matrimonial property regime. The possibility of concluding a marriage contract contributes to ensuring the equal rights of the spouses, as they are free to agree on their pre-marital property. Recognizing the necessity of the contractual freedom in family law, the 2014 Act on Marriage and Family of Vietnam allows couples to choose between the statutory property regime and the agreed property regime. This article presents the history of the institution of marriage agreement in Vietnam, also with regard to the development of law

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Huswan, Bianca Vienna Nawara, Ahmadi Miru, and Marwah . "The Principle of Balance in Informal Credit Agreements." International Journal of Religion 5, no. 10 (2024): 1076–81. http://dx.doi.org/10.61707/cwyb8y04.

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This research seeks to examine how the principle of equilibrium is utilized by the parties involved in the informal credit agreement. The research method involves empirical research. Furthermore, the research involves conducting interviews and reviewing relevant literature. The legal content is reviewed qualitatively and then explained in detail with analysis. The findings of this study indicate that the application of the principle of balance at the pre-contractual stage has reflected fairness for the parties involved, as both the bank and the debtor provide opportunities for negotiation to e

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Dikarev, Ilya. "Issues of the Theory of Criminal Procedure Agreements: The Object and Subject of the Agreement." Legal Concept 24, no. 1 (2025): 92–102. https://doi.org/10.15688/lc.jvolsu.2025.1.13.

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Introduction: despite the rather long practice of concluding and implementing pre-trial cooperation agreements, the criminal procedure theory has not developed a unified approach to understanding what the object and subject of this type of criminal procedure agreement are. Such uncertainty is an objective obstacle to the development of new models of procedural contracts. The purpose of the study is to find out what obligations the parties assume concerning the conclusion of a pre-trial cooperation agreement, as well as what actions the prosecutor should perform in fulfillment of his contractua

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Teremetsʹkyy, V., and N. Huts. "PROCEDURE NOVATIONS FOR CONCLUDING INDEPENDENT CONTRACTOR AGREEMENTS." Scientific Notes Series Law 1, no. 12 (2022): 176–81. http://dx.doi.org/10.36550/2522-9230-2022-12-176-181.

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The article is focused on defining procedure novations for concluding independent contractor agreements. The existence of two tendencies in the legal construction of the procedure for concluding an independent contractor agreement has been emphasized: unchanged architectonics of the procedure for concluding an acceptance and introducing novation elements into this system, which depend on the method of concluding and the purpose of the corresponding agreement. The general and special procedures for concluding independent contractor agreements have been characterized. General procedure – is when

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Poludniak-Gierz, Katarzyna. "Sanctions for Lack of Fulfilment of Information Duties: Searching for an Adequate Regulatory Model for Personalized Agreements." European Review of Private Law 28, Issue 4 (2020): 817–39. http://dx.doi.org/10.54648/erpl2020050.

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The effectiveness of the protection-by-information model in consumer law depends primarily on the method of structuring pre-contractual duties and sanctions correlated with the lack of fulfilment of said duties. Modern legal doctrine considers applying technology to law-making i.e. to fix flaws in the existing protection-by-information model. However, during this discussion, the problem of sanctions for lack of fulfilment of information duties has been disregarded. This article fills this gap by exploring how the use of technology might influence the adequacy of contemporary sanctioning models

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Sanders, Anne. "PRIVATE AUTONOMY AND MARITAL PROPERTY AGREEMENTS." International and Comparative Law Quarterly 59, no. 3 (2010): 571–603. http://dx.doi.org/10.1017/s0020589310000230.

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AbstractAfter the Court of Appeal decision in Radmacher v Granatino, the question whether English law should introduce enforceable pre-nuptial or marital property agreements came into focus again. Taking the decision as a starting point, the article argues in favour of introducing such agreements. Adopting a comparative approach, the article explains how such agreements are used in Germany and demonstrates that the idea of private autonomy, which has been regarded as the basis of pre-nuptial property agreements in Germany since the 19th century, can explain why couples should be allowed to mak

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Zosymenko, O. M. "Terms of the managed entry agreement and particularities of the procedure for concluding such agreements." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 137–41. http://dx.doi.org/10.24144/2788-6018.2023.04.21.

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The article is devoted to the study of managed access agreements and some peculiarities of the procedure for their conclusion. The author analyses the current legislation on the terms and conditions that must be included in a managed entry agreement and the main stages of the managed entry agreement procedure.The article’s author focuses on the fact that in the context of the global trend of increasing prices for medicines, particularly for innovative medicines, the use of managed entry agreements in the practice of states is reaching a new level. Achieving a balance between healthcare expendi

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Banaba, Hendra, Tri Susilowati, and Hono Sejati. "Legal gap in legal protection for aggrieved parties at the precontractual stage." Indonesian Journal of Multidisciplinary Science 4, no. 2 (2024): 73–80. https://doi.org/10.55324/ijoms.v4i2.1028.

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This research explores the legal gaps and ambiguities surrounding the principle of good faith in pre-contractual stages, as outlined in Article 1338 paragraph (3) of the Indonesian Civil Code (KUHPerdata). While the principle of good faith is foundational in contract law, its unclear application during negotiations has led to legal uncertainty, potentially disadvantaging parties acting honestly and transparently. The study highlights the need for robust legal frameworks to protect parties from unfair practices and fraudulent actions during the negotiation process. Employing a normative legal r

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Ладанов, В. И., Е. В. Шарипова, and С. М. Леготкина. "Civil liability of the parties in entrepreneurial activity for non-performance or improper performance option agreements." Экономика и предпринимательство, no. 11(124) (December 23, 2020): 1183–86. http://dx.doi.org/10.34925/eip.2020.124.11.233.

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Участники экономико-правового оборота, осуществляющие предпринимательскую деятельность, в определенный период времени сталкиваются с экономической неопределенностью и зачастую, при гибкости товарного рынка, не могут определить тот объем товара, размер оказываемых услуг или результатов работ, который им потребуется в будущем. Опционные соглашения в такой ситуации, играют особенную роль. Рассматривая модель опционного договора в предпринимательской деятельности, у многих исследователей возникают вопросы относительно того, почему данная конструкция договора закреплена в общей части Гражданского к

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Baykova, O. V., and M. R. Tolstov. "The specifics of contractual relations in the oil and gas complex." Vestnik Universiteta, no. 4 (June 21, 2025): 84–93. https://doi.org/10.26425/1816-4277-2025-4-84-93.

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The key aspects of contractual relations in the oil and gas complex, which plays a crucial role in Russian economy, have been analyzed. The specifics of contractual relations in the oil and gas complex have been considered, due to the high level of capital intensity, long duration of project implementation, and a significant degree of government regulation. Special attention has been paid to the contracts classification (from contracts for exploration and production to agreements for transportation, infrastructure construction, and purchase and sale of oil and gas). Legal aspects of regulating

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Lalafaryan, Narine. "Orchestrating finance with Material Adverse Changes?" Legal Studies 42, no. 1 (2022): 1–22. http://dx.doi.org/10.1017/lst.2022.6.

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AbstractFrom a legal and economic perspective, the global financial crisis, terrorist attacks, wars, natural catastrophes, and COVID-19 all have one thing in common: they are potentially ‘material adverse change’ events. Such events are unpredictable and have severe consequences for the global economy. To help manage the fallout from such negative events, businesses in economically valuable and complex deals, such as debt financing or mergers and acquisition (M&A) agreements, include special contractual risk allocation provisions, called Material Adverse Change/Effect (MAC) clauses. The CO

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Dimitar, Stoyanov. "The unexpected comparison between lock-out agreements and non-alienation clauses." Yearbook of European Union and Comparative Law (YEUCL) 3 (November 10, 2024): 901–26. https://doi.org/10.5281/zenodo.14062992.

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<strong>Abstract</strong>: The present article traces the legal development of lock-out agreements as a means to fill the legislative gap on pre-contractual liability in English law. The essence of this agreement lies in the temporary obligation, assumed by the seller of an object, not to enter into new negotiations and to dismiss existing negotiations with any other person except the contracting party. Within the set period of time, parties can (and should) make an effort to reach an understanding upon all aspects of a prospective sale-purchase contract. It would seem that this contract inclu

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Arif, Junaidi, Indah Parmitasari, and Nandang Sutrisno. "Incoterms: Reconstructing International Sales Contracts in Harmony with Sharia Economic Law." Milkiyah: Jurnal Hukum Ekonomi Syariah 4, no. 1 (2025): 69–86. https://doi.org/10.46870/milkiyah.v4i1.1546.

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In global trade, Incoterms play an essential role as a standardised framework that defines the allocation of responsibilities and risks between sellers and buyers. However, from the perspective of Sharia economic law, the application of Incoterms in some instances has the potential to create gharar, which can impact the validity of the agreement. This study aims to analyse the gap between the provisions of Incoterms 2020 and the principles of fiqh muamalah, particularly in terms of responsibility sharing and risk transfer in international sales contracts. This research searched various academi

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Mendis, Daylath, Kasun N. Hewage, and Joanna Wrzesniewski. "CONTRACTUAL OBLIGATIONS ANALYSIS FOR CONSTRUCTION WASTE MANAGEMENT IN CANADA." Journal of Civil Engineering and Management 21, no. 7 (2015): 866–80. http://dx.doi.org/10.3846/13923730.2014.893907.

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Construction industry creates a massive amount of waste, which typically ends up in landfills. Canadian construction industry represents 30% of the total municipal solid waste deposited in landfills. Construction and demolition (C&D) waste has created negative socioeconomic and environmental impacts including contaminating ground water, emitting greenhouse gases, and adding more waste to scarce landfills. Literature is cited rework/waste generation due to ambiguity/errors in construction contract documents. Exculpatory clauses in contract documents are included in contractual agreements to

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Stankevych, A. V. "THE LEGAL NATURE OF PUBLIC PROCUREMENT AGREEMENTS AND THE FEATURES OF CONTRACTING IN ELECTRONIC FORM." Constitutional State, no. 55 (October 15, 2024): 137–47. http://dx.doi.org/10.18524/2411-2054.2024.55.311965.

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In the article, based on the analysis of the contractual process, with the help of analytical, formal-logical and comparative legal methods, the legal nature of the peculiarities of public procurement contracts and their difference from other civil-law and economic contracts is clarified, as well as the peculiarities of concluding contracts in electronic form. The relevance of the article is due to the significant importance of contracts on public procurement and the study of the features of concluding contracts in electronic form for the interests of state customers and the state as a whole.

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Tojiboyev, Akbar. "THE MAIN DIRECTIONS FOR IMPROVING THE LEGAL REGULATION OF START-UPS IN THE REPUBLIC OF UZBEKISTAN." Jurisprudence 3, no. 1 (2023): 63–74. http://dx.doi.org/10.51788/tsul.jurisprudence.3.1./mlkq6505.

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In practice, innovations are recognized as the main driving force of economic growth and are an important factor capable of solving various problems, and creating conditions for sustainable development. In this article, the main directions for improving the legal regulation of startups in our country are listed and they are analyzed based on the experience of foreign countries. In particular, the article mentions the need to improve the regulatory framework in such areas as determining the position of startups in the implementation of innovation policy, further optimizing the legal protection

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18

Sood, Muhammad. "Mechanism of Business Contract Drafting in Supporting Economic Activities." Unram Law Review 4, no. 2 (2020): 193–204. http://dx.doi.org/10.29303/ulrev.v4i2.124.

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The development of business contracts in supporting economic activities, especially in the trade sector, is inseparable from developments in the field of law. Thus, economic actors should understand the contract design method. This article aims to analyze the regulations of business contracts both nationally and internationally, and analize the mechanism of business contract draftingin supporting economic activity. This article is sourced from the results of normative legal research; therefore the method of approach used is the legal approach and conceptual approach. The results of the study i

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Gavamukulya, Charles. "Adjudication in Uganda: A Critique of Selected Rulings from Centre of Arbitration and Dispute Resolution (CADER)." European Journal of Applied Science, Engineering and Technology 2, no. 6 (2024): 230–33. https://doi.org/10.59324/ejaset.2024.2(6).24.

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Adjudication is a widely recognized Alternative Dispute Resolution (ADR) mechanism, particularly in the construction industry, due to its speed, flexibility, cost-effectiveness, and privacy. This article examines the nature of adjudication in Uganda, focusing on its application in contractual and ad hoc forms, as the country lacks a statutory adjudication framework like that of England and Wales. The study critiques selected rulings from the Centre of Arbitration and Dispute Resolution (CADER) that erroneously equate adjudication with arbitration, highlighting the distinct roles, outcomes, and

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Gavamukulya, Charles. "Adjudication in Uganda: A Critique of Selected Rulings from Centre of Arbitration and Dispute Resolution (CADER)." European Journal of Applied Science, Engineering and Technology 2, no. 6 (2024): 230–33. https://doi.org/10.59324/ejaset.2024.2(6).24.

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Adjudication is a widely recognized Alternative Dispute Resolution (ADR) mechanism, particularly in the construction industry, due to its speed, flexibility, cost-effectiveness, and privacy. This article examines the nature of adjudication in Uganda, focusing on its application in contractual and ad hoc forms, as the country lacks a statutory adjudication framework like that of England and Wales. The study critiques selected rulings from the Centre of Arbitration and Dispute Resolution (CADER) that erroneously equate adjudication with arbitration, highlighting the distinct roles, outcomes, and

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21

Grace, John G., and Max Williamson. "THE PAPUA NEW GUINEA STANDARD PETROLEUM AGREEMENT: ITS STRENGTHS AND WEAKNESSES." APPEA Journal 31, no. 1 (1991): 502. http://dx.doi.org/10.1071/aj90046.

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Until the discovery of the Iagifu/Hedinia/Agogo (now called Kutubu) Fields, Papua New Guinea (PNG) petroleum laws followed, in both legislation and administration, the Australian model brought to PNG by the former pre-independence administrators. In particular, exploration and production rights derived from licences issued under the national petroleum legislation.This practice was distinctly different from the State practice of PNG's near neighbours to the north, particularly Indonesia and Malaysia. In those countries rights to explore for and produce petroleum were acquired by entry into a pr

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Rini, Ragil Kusnaning. "Urgensi Prinsip Kepatutan dan Keadilan (Redelijkheid en Billijkheid) Dalam Pembuatan Perjanjian Pendahuluan." Notaire 4, no. 3 (2021): 425. http://dx.doi.org/10.20473/ntr.v4i3.27221.

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The principle of reasonableness and fairness (redelijkheid en billijkheid) is a pair of principles that are closely related and constitute an interpretation of the principle of good faith. So that the terms used in NBW are no longer good faith, but rather reasonableness and fairness. In the Netherlands, this principle is mandatory not only at the time of contract execution, but also at the pre-contract stage, giving rise to pre-contractual liability. Whereas to judge whether or not a preliminary agreement is binding, what must be observed first is the substance and not just based on the title.

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M. Elsawi, Ahmed. "The civil liability of the consortium members for the individual mistake of one member." International Journal of Engineering & Technology 7, no. 2.13 (2018): 272. http://dx.doi.org/10.14419/ijet.v7i2.13.12677.

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Nowadays, the various forms of contractual agreements have spread between the different contracting companies for the purpose of executing the huge international contracts which require the synergy of all efforts. This has led to the appearance of new forms of cooperation between the international contractors, called the "Consortium Agreement", which is a kind of special partnership entered into for the purpose of executing a certain project, and ends at the completion of this project, without the constitution of a separate entity for the parties of this consortium. Nonetheless, many and vario

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Bogdanov, E. V., and E. E. Bogdanova. "Post-Contractual Obligations in Russian Civil Law." Actual Problems of Russian Law 18, no. 9 (2023): 69–78. http://dx.doi.org/10.17803/1994-1471.2023.154.9.069-078.

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The paper deals with a specific group of obligations arising in connection with the termination of lease agreements, commercial rental of residential premises and commercial concessions. This group of obligations is qualified as post-contractual obligations. The authors examine peculiarities of the origin and content of such obligations, their separation from warranty obligations, obligations arising from a preliminary contract, conditional contract. The paper elucidates debatable issues of the exercise of preferential rights by lessees, tenants and users to conclude relevant contracts for a n

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Sinaga, Roulinta Yesvery. "Kewenangan Notaris dalam Mewujudkan Kebahagiaan." PATTIMURA Legal Journal 2, no. 1 (2023): 43–48. http://dx.doi.org/10.47268/pela.v2i1.8469.

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Introduction: Civil relations, especially engagement relations, are a major factor in the growth and development of society.The actual form of the resulting agreement is the choice of the parties, but for the purposes of evidentiary law, the form of the agreement in a notarial deed (written) has a stronger position.  Purposes of the Research: The purpose of this study is to examine the authority of a notary in making authentic deeds and to review the existence of a notary's deed in providing happiness based on the agreement of the parties.  Methods of the Research: This research wa

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Karjoko, Lego, Iswantoro, and Makhabbat Ramazanova. "‘Good Faith’ in Land Transaction: A Comparative Analysis of the USA and Netherlands Law." Journal of Sustainable Development and Regulatory Issues (JSDERI) 2, no. 3 (2024): 185–208. http://dx.doi.org/10.53955/jsderi.v2i3.49.

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The lack of uniformity among judges in interpreting the criteria for buyers' good faith in land sale and purchase cases results in less favorable outcomes for buyers. This study aims to compare the regulations and implementations of the principle of good faith in land transactions in the United States, the Netherlands and Indonesia. Utilizing a statutory and conceptual approach, supplemented by comparative analysis, this research examines the relevant laws and concepts, including contractual rules and regulations governing sales and purchases. The findings indicate that the legal system signif

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Saydivalieva, Khurshida. "THE LEGAL NATURE OF FAMILY-LEGAL CONTRACTS AS AN ALTERNATIVE MEANS OF PRE-TRIAL SOLUTION OF PROPERTY DISPUTE IN THE FAMILY." Jurisprudence 4, no. 5 (2024): 28–39. https://doi.org/10.51788/tsul.jurisprudence.4.5./bsng6231.

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The article focuses on the concept of family disputes and the socio-legal aspects of resolving family disputes by family members. The author analyzes issues that are causing family disputes to increase day by day, and the resolution of property disputes in court proceedings continues for a long time. In the pre-trial process, the legal nature of the family-legal contract, which is an alternative means of resolving property disputes in the family, is considered. The author draws attention to the fact that the family law agreement is an effective means of resolving disputes between husband and w

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Anderson, Shannon W., Margaret H. Christ, Henri C. Dekker, and Karen L. Sedatole. "The Use of Management Controls to Mitigate Risk in Strategic Alliances: Field and Survey Evidence." Journal of Management Accounting Research 26, no. 1 (2013): 1–32. http://dx.doi.org/10.2308/jmar-50621.

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ABSTRACT Transaction cost economics (TCE) theory is widely used to study the governance and management control practices used to mitigate interfirm alliance risk. Following Williamson (1985, 1991), empirical studies typically measure transaction characteristics that proxy for risk in alliances (e.g., asset specificity), and test for a relation between these measures and alliance management control choices. A common criticism of studies in this literature is that they typically focus on a narrow set of governance decisions (e.g., make versus buy) or control practices (e.g., specific contract te

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Soni, Shubham. "Various Routing Protocols of Vehicular Ad hoc Network: A Survey." International Journal for Research in Applied Science and Engineering Technology 9, no. 12 (2021): 1791–99. http://dx.doi.org/10.22214/ijraset.2021.39612.

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Abstract: A vehicular ad hoc network is a type of network divided by an area where car nodes can join or leave the network. Due to the flexibility of the network environment active contractual routes are used in the development of the route from the source to the destination. Various active and active protocols are updated in this paper. Active routing protocols are those that use current network information in the development of the route from the source to the destination. Active routing protocols are those that use the pre-defined network information in the route setting. Active route agree

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Seo, Go Eun. "A Study on the Application of Terms Regulation Act to Agreements Related to Insurance Workers : focusing on the supreme court ruling of June 30, 2022, 2019Da246696 ·2019Da246702." Korean Insurance Law Association 18, no. 3 (2024): 37–85. http://dx.doi.org/10.36248/kdps.2024.18.3.037.

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Insurance workers refer to individuals or organizations that act as intermediaries or agents between insurers and policyholders. Insurance workers includes branch managers, insurance consultants and so on. Insurance workers enter into various contracts and agreements with insurers during the processes of appointment, performance of duties, and termination. However, questions arise regarding whether the Terms Regulation Act should apply in cases of disputes related to contracts or agreements with insurers. It may seem reasonable for Terms Regulation Act is applied to contracts or agreements. Be

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Parasharami, Archis A., and Timothy Tyler. "Finality over Choice:Hall Street Associates, L.L.C. v.Mattel, Inc.(U.S. Supreme Court)." Journal of International Arbitration 25, Issue 5 (2008): 613–21. http://dx.doi.org/10.54648/joia2008047.

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In Hall Street Associates, L.L.C. v. Mattel, Inc., the U.S. Supreme Court held that, under the Federal Arbitration Act, parties to an arbitration agreement may not contract for broader judicial review of arbitral awards than the grounds provided for in the FAA itself. The Supreme Court’s decision resolved a disagreement on this point among lower courts in the United States. The Court’s decision will have no effect on international arbitration agreements in which the parties did not seek to expand judicial review. But it seems highly unlikely that courts will enforce provisions of arbitration a

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Volos, Aleksei A., and Karina Kuzhanova. "Smart Contracts: Legal Interpretation of the Parties’ Actions in the Light of the Principle of Good Faith." Zakon 21, no. 9 (2024): 162–69. http://dx.doi.org/10.37239/0869-4400-2024-21-9-162-169.

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The article is devoted to the debatable issues of application of the principle of good faith in interpreting the terms of a smart contract, clarification of the meaning and content of the preliminary agreements of the parties that take place before the conclusion of a smart contract. Among the key factors of interpretation, the authors consider the volitional element of the participants of civil turnover, the nature of the performed obligation within the programme code. Also, in this part the peculiarities of interpretation of smart contracts by courts from the point of view of compliance of t

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Tabash, Mosab I., Umaid A. Sheikh, Ali Matar, Adel Ahmed, and Dang Khoa Tran. "Do Financial Crises Matter for Nonlinear Exchange Rate and Stock Market Cointegration? A Heterogeneous Nonlinear Panel Data Model with PMG Approach." International Journal of Financial Studies 11, no. 1 (2022): 7. http://dx.doi.org/10.3390/ijfs11010007.

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The existing literature has explained the causality flow from the exchange rates toward the stock market without explaining the role of the economic crisis in effecting this nexus. This study examines the role of the financial crisis in affecting the nonlinear causality flowing from the exchange rates toward the stock market indexes of the ASEAN-5 region. The precrisis, postcrisis, and overall sample duration comprised 365, 650, and 1085 observations over the periods from January 2002 to January 2008, January 2010 to January 2020, and January 2002 to January 2020, respectively. The results sho

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Boldyrev, Vladimir A., and Vitaly A. Maksimov. "Autonomy of the will: evolution of juridical doctrine and legal norms." Gosudarstvo i pravo, no. 8 (October 27, 2024): 134–41. http://dx.doi.org/10.31857/s1026945224080135.

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In the article on the basis of statistical methods, the use of the term “autonomy of will” in judicial acts by the law enforcement officer is characterized. It is noted that the meaning of the relevant legal category is not sufficiently defined, which is the reason for its relatively rare (in comparison with “freedom of contract”) use in the texts of court rulings. Amendments made to civil legislation concerning decisions of assemblies, pre-contractual relations and the procedure for changing and terminating multilateral agreements are interpreted as the result of a change in the legal paradig

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McKelvey, Steve, and John Grady. "Sponsorship Program Protection Strategies for Special Sport Events: Are Event Organizers Outmaneuvering Ambush Marketers?" Journal of Sport Management 22, no. 5 (2008): 550–86. http://dx.doi.org/10.1123/jsm.22.5.550.

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Companies invest millions of dollars to become “official sponsors” of major global sporting events. The tremendous publicity and consumer audiences generated by such events provide an attractive marketing opportunity for companies other than the event’s official sponsors who seek to associate themselves in the minds of the public with the goodwill and popularity of these events. This activity, known as ambush marketing, poses significant legal and business challenges for sport event organizers seeking to protect both the financial investment of official sponsors and the integrity of their spon

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Dr., Kiran Bhaskar. "A Review of Information Requirements in Building Information Modeling (BIM)." Journal of Structural Engineering, its Applications and Analysis 6, no. 2 (2023): 1–7. https://doi.org/10.5281/zenodo.8016280.

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<em>This article explores the crucial aspects of building information modeling (BIM) projects, focusing on the contractual agreements and responsibilities of key stakeholders such as BIM specialists, BIM coordinators, and BIM managers. The Employer's Information Requirements (EIRs) and the BIM Execution Plan (BEP) play a significant role in defining project objectives, model specifications, and workflows. The EIR outlines the client's BIM implementation objectives, including responsibilities, handover dates, procedures, and data exchange formats. Bidders respond to the EIR with a pre-a

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Hagibrahim, Youssif, and Dima Al kawadri. "Investigating the factors impacting Defect Reporting in the UAE’s Facilities Maintenance Contracts." Emirati Journal of Civil Engineering and Applications 3, no. 1 (2025): 14–26. https://doi.org/10.54878/4wvjg795.

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Purpose – In order to achieve value for money, it is pivotal to assess maintenance projects at the handover and operational stages and to create a good defect report. This study highlights the importance of managing defect report to achieve better management control during the awarding of contracts for the operation and maintenance phase of buildings. The lack of best practices for defect reporting of the management of contractors results in unnecessary costs, leading to a lack of trust in the contractual relationship between parties. Design/methodology/approach – The authors conducted a liter

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Motaharifar, Zahra, Mohamad Sadeghi, and Seyed Mehdi Mirdadashi. "A Critical Review of the 2016 French Civil Code Reforms on the Fulfillment of Obligations Without Absolute Termination Rights: Feasibility Analysis for Application in Iranian Law." Comparative Studies in Jurisprudence, Law, and Politics 6, no. 5 (2024): 54–71. https://doi.org/10.61838/csjlp.6.5.4.

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The French Civil Code, which had undergone no significant reforms for decades, experienced substantial changes in 2016 following numerous developments. These changes have profoundly impacted the legal framework, particularly in the area of obligations. This domain has introduced innovations that were previously absent. Although Article 8 discusses the objectives of the reform, especially regarding general obligations and contracts, it seems the reforms extend beyond these goals, bringing fundamental transformations to this field. The critical question is: What innovations does the French Civil

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Boldyrev, Vladimir, and Vitaly Maximov. "Autonomy of the will: evolution of juridical doctrine and legal norms." Gosudarstvo i pravo = State and Law, no. 8 (August 30, 2024): 134–41. https://doi.org/10.31857/S1026945224080135.

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In the article on the basis of statistical methods, the use of the term “autonomy of will” in judicial acts by the law enforcement officer is characterized. It is noted that the meaning of the relevant legal category is not sufficiently defined, which is the reason for its relatively rare (in comparison with “freedom of contract”) use in the texts of court rulings. Amendments made to civil legislation concerning decisions of assemblies, pre-contractual relations and the procedure for changing and terminating multilateral agreements are interpreted as the result of a cha

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Fathutdinova, I. V. "Contents of the timeshare agreement: european standards and their implementation in the legislation of Ukraine." Analytical and Comparative Jurisprudence, no. 4 (September 11, 2024): 172–76. http://dx.doi.org/10.24144/2788-6018.2024.04.28.

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The scientific article examines European standards for determining the content of a timeshare contract and develops proposals for their implementation in the legislation of Ukraine. Attention is paid to those approaches to the concepts of «content of the contract», «essential conditions», «incidental conditions», which are developed and established for the doctrine of private law. An analysis of the expediency of making changes to the Civil Code of Ukraine, which reveals the concept of «content of the contract», was carried out. Additionally, the expediency of dividing all the terms of the con

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Knox, Simone. "Bringing the Battle to Britain: Band of Brothers and Television Runaway Production in the UK." Journal of British Cinema and Television 17, no. 3 (2020): 313–33. http://dx.doi.org/10.3366/jbctv.2020.0531.

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This article explores the development and pre-production history of the 2001 HBO mini-series Band of Brothers. It does so via a combination of original archive research (conducted at the BFI Reuben Library) and interviews with several industry figures with relevant professional experience, including John Barclay, the current Head of Recorded Media for the UK trade union Equity, and Roger Harrop, the former director of regional film commission Herts Film Link. Using these methodologies, the article identifies Band of Brothers as the first significant US runaway television production in the UK,

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Beardwood, John. "Gadzooks – The Standard ERP Software Licence Strikes Again! Lessons Learned From Samuels & Son Seafood Co., Inc. v. Infor (US) — The perils of standard software license agreements for customers of ERP solutions explained." Computer Law Review International 26, no. 1 (2025): 1–9. https://doi.org/10.9785/cri-2025-260102.

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Abstract Every once in a while a technology lawsuit comes along which is not in the hundreds of millions of dollars, and does not involve major customers, but nevertheless encapsulates the unfortunate experiences that many medium-sized enterprises have with software implementations. The case of Samuels & Son Seafood Co., Inc., v. Infor (US), Inc., is exactly that lawsuit. It again evidences the importance of customers engaging in a robust procurement for the selection of both the ERP software licensor and the implementer; the perils of customers agreeing to inappropriately standard and tim

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Południak-Gierz, Katarzyna. "Consequences of the Use of Personalization Algorithms in Shaping an Offer – A Private Law Perspective." Masaryk University Journal of Law and Technology 13, no. 2 (2019): 161–88. http://dx.doi.org/10.5817/mujlt2019-2-2.

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Personalization mechanisms in consumer e-commerce allow for the adjustment of the time, form and manner of contact, the way of concluding the contract and the availability and content of the offer. Subsequently concluded agreements can be seen as a new phase of development of the consumer transaction model – secondary individualization replaces standardization. The possibility of concluding contracts on a massive scale is retained, but with added granularity and flexibility that mimic the individualisation of transactions. Special provisions for personalized contracts are missing on the EU lev

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Prokopchuk, О. T. "Insurance Principles as a Methodological Basis for the Formation of Insurance Relations in the Agricultural Sector of the Economy." Collected Works of Uman National University of Horticulture 2, no. 97 (2020): 22–35. http://dx.doi.org/10.31395/2415-8240-2020-97-2-22-35.

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The specificity of the agrarian production process is associated with numerous risks of various species, which leads to a special formation of relationships between the subjects of the agro-insurance market, which should be based on certain specific principles. The functioning of the agricultural insurance market and, accordingly, the formation of a system of insurance relations in the agricultural sector of the economy is based on certain principles that determine the basis for the functioning of the subject composition of the agricultural insurance market in the context of financial, economi

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Маліновська, І. М., та М. Д. Комаровський. "Сучасні тенденції регулювання відносин за договором комерційної концесії". Форум права 69, № 4 (2021): 19–28. https://doi.org/10.5281/zenodo.5075712.

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<strong>Постановка проблеми. </strong>З<strong> </strong>прийняттям в Україні у 2003 році нового Цивільного кодексу вперше на законодавчому рівні було врегульовано низку договірних відносин. Однією з таких договірних конструкцій є договір комерційної концесії, основні засади правового регулювання якого були закріплені майже 20 років тому, проте досі існує невизначеність стосовно його окремих елементів. Тому наразі існує потреба в їх вирішенні, оскільки даний договір активно використовується. <strong>Метою </strong>дослідження є виявлення сучасних проблем і дискусійних питань щодо правового рег

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Mirza, Mansha, Rooshey Hasnain, and Kathryn Duke. "Fostering Community-Academic Partnerships to Promote Employment Opportunities for Refugees with Disabilities: Accomplishments, Dilemmas, and Deliberations." Societies 8, no. 3 (2018): 86. http://dx.doi.org/10.3390/soc8030086.

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Little attention has been given to the processes and dynamics involved in community-engaged research with hard-to-reach and marginalized communities. This concept paper focuses on experiences with and lessons learned from the developmental phase of a community-engaged research project aimed at promoting the economic self-sufficiency of refugees with disabilities in Illinois. Steps taken to foster collaboration between academic researchers and community stakeholders are described, followed by the authors’ commentary on challenges encountered and how these were addressed. Several methods were us

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Pasichna, Olena. "FEATURES OF STUDYING DOCUMENTS REGARDING PERSONNEL IN THE COURSE «THE UKRAINIAN LANGUAGE (FOR PROFESSIONAL PURPOSES)»." Scientific Bulletin of Uzhhorod University. Series: «Pedagogy. Social Work» 1, no. 56 (2025): 172–76. https://doi.org/10.24144/2524-0609.2025.56.172-176.

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Language training in institutions of pre-higher vocational education includes the development of skills and abilities of students to draft documents for various purposes, including personnel-related documents. These are very important for mastering, as they relate to many aspects of personnel management: hiring, transferring from one position to another, dismissal, granting leave, and employee incentives. The course «The Ukrainian Language (for Professional Purposes)» as a mandatory component of the educational and professional program provides the necessary set of knowledge and skills for stu

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Wybieralski, Piotr. "Pre-Settlement Risk Limits for Non-Financial Counterparty in the Polish Over-the-Counter Derivatives Market." Annales Universitatis Mariae Curie-Skłodowska, sectio H – Oeconomia 57, no. 1 (2023): 219–35. http://dx.doi.org/10.17951/h.2023.57.1.219-235.

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Theoretical background: The 2008/2009 financial crisis, the COVID-19 pandemic outbreak in 2020 or the Russian invasion of Ukraine in February 2022, all these affected market volatility causing greater interest in counterparty credit risk (CCR) management especially in the OTC derivatives market. This study investigates selected method to mitigate the CCR, namely the application of various risk limits. The research is focused particularly on the pre-settlement risk that financial institutions face after transaction conclusion until the contract’s final settlement. Instead of one single limit th

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Aburoub, Raed Fawzi, Nabeel Mahdi Althabhawi, Mohamad Rizal Abd Rahman, and Bakhit Mohd Aldajeh. "The Legal Nature of Smart Contracts in a Perspective of Jordanian Civil Legislation." WSEAS TRANSACTIONS ON INFORMATION SCIENCE AND APPLICATIONS 22 (November 18, 2024): 45–55. https://doi.org/10.37394/23209.2025.22.5.

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This legal research explores the jurisprudential aspects of smart contracts in the context of Jordanian civil legislation. Smart contracts, which are digital programs based on blockchain technology, have emerged as a disruptive force with the potential to revolutionize traditional contractual relations. They autonomously execute binding agreements by adhering to pre-programmed instructions when specific conditions are met, thereby obviating the need for intermediaries. The growing global prominence of smart contracts makes their compatibility with and implications for the legal framework in Jo

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Bottoni, Francesco. "Partial Agreement and Contract Formation." European Business Law Review 31, Issue 2 (2020): 337–44. http://dx.doi.org/10.54648/eulr2020014.

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The article discusses the possibility for contracts to be partially formed or not fully complete under the Italian Civil Code and how these are to be treated in relation to enforcement and remedies. Partial agreement, incomplete contract, letter of intent, pre-contractual liability, breach

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