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Relevant bibliographies by topics / Principle of contractual equity

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Academic literature on the topic 'Principle of contractual equity'

Author: Grafiati

Published: 4 June 2021

Last updated: 8 February 2022

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Journal articles on the topic "Principle of contractual equity"

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Karim, Ridoan, and Imtiaz Mohammad Sifat. "Treatment of silence as misrepresentation in contracts." International Journal of Law and Management 60, no. 1 (2018): 69–78. http://dx.doi.org/10.1108/ijlma-08-2016-0073.

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Purpose This paper aims to provide a comparative discussion on silence as a misrepresentation in contractual obligations between common law and Islamic law. The objective of this paper is to – from a legal pluralism point of view – highlight the contrasts between the two traditions and provide recommendations for best practices to achieve fairness and equity among the contracting parties. While common law does not treat silence as conscious misrepresentation, in Islamic law, silence does not constitute affirmative will. This has repercussions for the contracting parties because if future dispu

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Zadorozhnia, Halyna Volodymyrivna, Yurij Anatoliyovych Zadorozhnyi, and Ruslana Оlexandrivna Kotsiuba. "ON QUESTION OF THE PRINCIPLE OF EQUITY IN THE ENFORCEMENT OF MONETARY OBLIGATIONS." SCIENTIFIC BULLETIN OF POLISSIA 1, no. 2(14) (2018): 99–102. http://dx.doi.org/10.25140/2410-9576-2018-2-2(14)-99-102.

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Urgency of the research. Study of the problem of implementation of monetary obligations in the field of banking relations is determined by violation of the principle of equity in relation to individuals. Target setting. The state has actually removed from the regulation of credit relations in the field of ensuring the fulfilment of monetary obligations that arise between the individual and the bank. Actual scientific researches and issues analysis. Many modern scientists (I. Bezklubyi, T. Bodnar, A. Dzera, A. Kolodiy, V. Lutz, I. Opadchiy and others) studied the institution of the fulfilment o

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Kimbell, Joanna, Anne Macy, Emily Ehrlich Hammer, and Denise Philpot. "Yellow card: U.S. Women’s Soccer seeks pay equity." CASE Journal 14, no. 3 (2018): 272–91. http://dx.doi.org/10.1108/tcj-03-2017-0025.

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Synopsis The Women’s US Soccer team in 2016 entered into the summer Olympics with a dark cloud over their heads, the lack of pay equity in the sport of soccer. Despite being heralded as the best female team in the world, the team’s compensation does not reflect their winning record or average work performance. Complex contractual negotiations and compensation intricacies surround this situation and the legal proceedings with the Equal Employment Opportunity Commission that include discrepancies between gender preferences for compensation, benefits packages and terms of the overall collective b

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Hidajat, Rachmat. "Venture Capital Financing on MSMEs in PT Sarana Ventura Yogyakarta: A Maslahah Perspective." AL-FALAH : Journal of Islamic Economics 4, no. 2 (2019): 101. http://dx.doi.org/10.29240/alfalah.v4i2.929.

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Purpose: This study aimed to analyze and explain the implementation of venture capital financing at PT. Sarana Ventura on MSMEs in terms of maslahah aspectDesign/Method/Approach: This was descriptive qualitative field research. The subjects were the leaders, the divisions of VCO & investment, legal, and agents of MSMEs at PT. Sarana Ventura in Yogyakarta. The data collection used observation, interview, and documentation techniques. The data analysis consisted of four stages, namely, data collection, data reduction, data display, and conclusion drawing/verification.Findings: The results sh

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Haaker, Andreas. "The Future of European Creditor Protection and Capital Maintenance from a German Perspective." German Law Journal 13, no. 6 (2012): 637–58. http://dx.doi.org/10.1017/s2071832200020691.

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The one-sided focus on shareholders’ interests inherent in shareholder value-orientated corporate policies presupposes that there is a functioning system to protect the economic interests of the other stakeholder groups (creditors, employees, customers, suppliers, etc.). This is an important constraint on the maximization of the market value of equity, which as a target variable cannot be equated with a market price on the stock exchange, or with a short-term profit or yield target, and certainly not with a pending bonus payment sum. Conversely, the postulation that the primary focus must be o

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Peters, Marc. "CCP resolution, loss allocation and shareholders’ rights." Journal of Financial Regulation and Compliance 27, no. 2 (2019): 141–59. http://dx.doi.org/10.1108/jfrc-02-2018-0020.

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Purpose Central clearing counterparties’ (CCPs) specific loss allocation mechanism is reflected in the specific resolution regime designed at the international level. At the same time, international guidance texts require equity to bear losses first in resolution. This creates a tension that immediately exposes resolution authorities to potential claims from CCPs’ shareholders. The purpose of this paper is to seek possible options to solve that tension, thereby enabling a workable and credible resolution regime for CCPs. Design/methodology/approach The paper analyses the current tension betwee

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AbdulKarim, Asaad Abdullwahab. "Global justice propositions and the moral duty to tackle global poverty." Tikrit Journal For Political Science 3, no. 6 (2019): 170. http://dx.doi.org/10.25130/poltic.v3i6.63.

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Justice is opposed to the laws of Socrates, which is equality in Aristotle. It means the organization of the powers of the soul at Plato. The public benefit is the original and only source of justice at Hume. It means happiness at Bentham and vice versa. From the contractual theories of Locke, Russo and Kant, we find that the American philosopher John Rawls designed his theory of justice to apply to the infrastructure of society based on the principle of equality and the regulation of social inequality

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Ahlin, Janez. "Application of the Rules of the Code of Obligations for Concession Contract Relations: Concession Contract on the Boundary between the Public and Private Interests." Lex localis - Journal of Local Self-Government 6, no. 2 (2009): 245–70. http://dx.doi.org/10.4335/52.

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The special legal nature of the concession contract (as one of the legal transactions) which represents a legal framework where the public and private interests meet (two parties cooperate for mutual benefit) is characterised by intertwining of general rules of obligation law and special legal institutes that originate from the sphere of public law. The legal nature of the contractual relationships that arise between administrative and private entities requires special regulation of individual institutes that should reflect the public interest as an important guiding principle for concluding t

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Buchan-Terrell, W. Grant. "Production Revenues and the Insolvent Operator." Alberta Law Review 23, no. 1 (1985): 135. http://dx.doi.org/10.29173/alr741.

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This paper analyzes the problems a non-operator may suffer in attempting to recover from a receiver or a trustee in bankruptcy monies received by, or paid to. an insolvent operator of an oil and gas project. The contractual relationships which give rise to the issues are reviewed with particular reference to the 1981 Canadian Association of Petroleum Landmen Operating Procedure. An overview of the remedies available to the non-operator in these circumstances is presented, with the principal emphasis upon tracing in equity and at common law. From the uncertainly and shortcomings of these remedi

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Halberstam, Michael, and Justin Simard. "Lawyers as Trusted Agents in Nineteenth-Century American Commerce: The Influence of Fiduciary Law and Norms on Economic Development." Law & Social Inquiry 45, no. 1 (2019): 132–65. http://dx.doi.org/10.1017/lsi.2019.46.

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The role of fiduciary law in the development of North American capitalism has been overlooked by institutional economists, who interpret fiduciary law as a form of contract and make the judicial enforcement of contract central to the transaction-cost theory of economic development. This article argues that the emergence of distinctive, equity-based fiduciary laws and norms significantly influenced the development and growth of early-nineteenth-century American markets. Our historical research identifies lawyers as important economic actors, who served as catalysts for the emergence of this gov

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Dissertations / Theses on the topic "Principle of contractual equity"

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Martins, César Barbosa. "Técnica de intervenção judicial nos contratos: pressupostos." Pontifícia Universidade Católica de São Paulo, 2008. https://tede2.pucsp.br/handle/handle/8186.

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Made available in DSpace on 2016-04-26T20:27:29Z (GMT). No. of bitstreams: 1 Cesar Barbosa Martins.pdf: 608331 bytes, checksum: 4584e50f9cd7a57b92b5627c52ad4a22 (MD5) Previous issue date: 2008-06-24<br>The dissertation focuses on the analysis of conditions which allow judicial review and intervention of contracts when supervening facts that cause substantial variation to the terms and conditions occur. Thus, the objective was to make an approach towards the legal requisites for contractual review and dissolution, based on principles of Brazilian Law, once the contract is distorted due to a s

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Petrikovič, Jan. "Valuation of Contractual Health Transportation Company." Master's thesis, Vysoká škola ekonomická v Praze, 2011. http://www.nusl.cz/ntk/nusl-149961.

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The purpose of my diploma thesis is to estimate objectivised value of contractual health transportation company. I am defining the value to the date 1st of January 2012. The gist of objectivised value is that the company follows its recent concept of business behavior, with the same management thinking. The value of the company is achieved by DCF valuation methods. Thesis is divided into several parts. The main parts are financial analysis and its output about the health of the company. Financial analysis is followed by strategic analysis that contains information about relevant markets and in

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Gross, Brenda. "Employment equity and the merit principle, will ever the twain meet?" Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk2/tape15/PQDD_0007/MQ36822.pdf.

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Luthanen, Amy L. "Perfectionism in the Workplace and the Distributional Justice Principle of Equity." Xavier University / OhioLINK, 2018. http://rave.ohiolink.edu/etdc/view?acc_num=xavier1534431126115665.

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Luckau, Pamela [Verfasser]. "Matching deeds to words? : the principle of conditionality in the EU´s contractual relations with the Western Balkans / Pamela Luckau." Berlin : Freie Universität Berlin, 2011. http://d-nb.info/1025551915/34.

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Rocha, Marina Cristina Schmaltz. "O PRINCÍPIO DO EQUILÍBRIO CONTRATUAL COMO EXERCÍCIO DE JUSTIÇA NO ORDENAMENTO JURÍDICO BRASILEIRO." Pontifícia Universidade Católica de Goiás, 2015. http://localhost:8080/tede/handle/tede/2753.

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Made available in DSpace on 2016-08-10T10:47:42Z (GMT). No. of bitstreams: 1 MARINA CRISTINA SCHMALTZ ROCHA.pdf: 1241043 bytes, checksum: 25304a45f70d78df39f4e9b38ba28fbf (MD5) Previous issue date: 2015-12-17<br>With the neoliberal system that brings economic and financial instability, it is necessary to analyze the principle of contractual balance as a way of social interpretation of contractual relations so that legal businesses are guided by dignity and contractual justice. In 2015, Brazil is experiencing times of crisis, which further encourages the consolidation of the principle of cont

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Sharma, Deeksha. "Allocation of rights to tax active business income and the principle of inter-nation equity : an analysis from the perspective of Brazil, India, and China." Thesis, University of Oxford, 2016. https://ora.ox.ac.uk/objects/uuid:d3696a42-05df-467c-9e00-3ae7fdf243c9.

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This thesis analyses whether the existing international framework for allocation of rights to tax active business income can be considered fair or equitable from the perspective of Brazil, India, and China (the BICs) and suggests steps that could be taken in the short and medium terms to advance fairness. Chapter I highlights the challenges in the framework from the standpoint of the BICs and also other developing countries. It is argued that an understanding of these concerns is important to achieve the OECD's Base Erosion and Profit Shifting project's aim of a certain and stable arrangement.

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Powell, Tiffany Shamone. "An exploration of inservice teachers' implementation of culturally responsive teaching methods in algebra with African American students." Diss., Manhattan, Kan. : Kansas State University, 2009. http://hdl.handle.net/2097/1380.

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Al, Haj Diab Lamis. "Essai sur l'interprétation : l'interprétation au service de l'équité contractuelle : étude comparée franco-libanaise." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020033.

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La conception de la théorie de l’interprétation est constante. Elle repose sur une distinction entre les textes contractuels clairs et les textes contractuels ambigus. L’interprétation des textes ambigus relève du pouvoir souverain des juges du fond tandis que l’interprétation des textes clairs est considérée comme une dénaturation, cas d’ouverture à cassation. Toutefois, cette conception classique de la théorie de l’interprétation semble contestable. Les textes législatifs relatifs à cette théorie ne justifient pas le clivage entre les textes clairs et les textes ambigus, que nous proposons d

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Silva, Andrea Bispo da. "Abordagens para a classificação contábil de instrumentos financeiros híbridos e/ou compostos: um estudo de caso com uma companhia aberta brasileira." Universidade do Estado do Rio de Janeiro, 2014. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=8941.

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Instrumentos financeiros híbridos e/ou compostos têm sido tema constante em matéria de regulação contábil. A literatura positiva apresenta uma hipótese que ajuda a compreender o porquê de algumas firmas recorrerem a ditos instrumentos para captar recursos: nível de endividamento no limite de quebra de covenants contratuais. No Brasil, firmas com registro na CVM, que se utilizaram desses instrumentos, classificando-os no patrimônio líquido, tiveram suas ITRs e/ou DFs reapresentadas e/ou republicadas por determinação da CVM. O ponto crítico de toda a discussão reside na distinção entre um item d

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Books on the topic "Principle of contractual equity"

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Pont, G. E. Dal. Equity and trusts in principle. Lawbook, 2005.

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Kumar, N. Natural justice: Principle and practice. Kanuni Salah Kendra, 1997.

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Börsch, Michael. Damit Übeltaten nicht ungestraft bleiben: Impunitas als Argument der klassischen römischen Juristen. Peter Lang, 2003.

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Michael, Rose. The principle of equity and the labour market behaviour of dual earner couples. Economic and Social Research Council, 1988.

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Stone, Heather M. Raising capital for private equity funds: Leading lawyers on navigating recent trends in fund formation, understanding legal and contractual hurdles, and developing creative strategies for raising capital. Aspatore Books, 2009.

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Samet, Irit. Equity. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198766773.001.0001.

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The Law of Equity is a unique junction where doctrinal private law, moral theory, and social perceptions of justice meet. This book explores the general principles that underlie Equity’s intervention in the Common Law, with Chapter 1 arguing that Equity should be preserved as a separate body of law which aims to align moral and legal duties in private law. Chapter 2 discusses the importance of proprietary estoppel and concludes with the argument that Equity, via the doctrine of proprietary estoppel, is redressing a significant failure in the Common Law to tackle behaviour that disregards both

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Roderick, Munday. 8 Legal Relations Between Principal and Agent: Duties the Agent Owes to his Principal. Oxford University Press, 2016. http://dx.doi.org/10.1093/law/9780198784685.003.0008.

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This chapter describes the duties the agent owes to his principal, which fall into two broad categories. On the one hand, because the majority of agencies will arise out of a contract between principal and agent, the latter will owe well recognized duties at common law—most notably, a duty to perform the mandate with reasonable skill and care. On the other hand, however, equity also wields strong influence over the development of agents’ duties. Therefore, agents have often to be considered both as contracting parties, under customary contractual duties to their principals, and also as fiducia

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Vicky, Cox, and Holmes Patrick. 8 Principal Loan Finance Documentation. Oxford University Press, 2015. http://dx.doi.org/10.1093/law/9780198715559.003.0009.

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This chapter considers a number of the more significant documentary issues commonly encountered in relation to the core financing documents for a project. It provides an overview of the ways in which multiple tranches of debt provided by different lenders and lending groups are made available to a project and includes an analysis of various clauses found in the principal financing documents, with particular focus on financial covenants and the ways in which lenders seek to regulate the project company’s cashflows. The chapter also discusses a number of the key intercreditor issues that arise i

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Akihiro, Wani. 19 Japan. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198808589.003.0019.

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This chapter provides an overview of the law of set-off in Japan. The Japanese Civil Code classifies set-off (along with performance, release, novation, and merger) as a mechanism for extinguishing an obligation. Set-off is not categorised as a right, altough it possesses certain characteristics that would warrant treating it as a right. The chapter first considers set-off between solvent parties, focusing on statutory and contractual set-off as well as the procedures for the exercise of set-off between solvent parties, before discussing set-off against insolvent parties. It examines legislati

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Hill, Jonathan. 4. Contractual obligations. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198732297.003.0004.

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This chapter deals with contract disputes which have foreign elements that come before the English court: one or both of the parties may be foreign; the making or performance of the contract may be connected with a number of foreign countries. In this type of case which law is the court to apply? The general principle is that every international contract has a governing law — known at common law as the ‘proper law’and under EU law as the ‘applicable law’. Subject to certain limitations, parties to a contract are free to choose the applicable law; if the parties fail to make a choice, the gover

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Book chapters on the topic "Principle of contractual equity"

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Trukhtanov, Alexander. "Contractual estoppel: general principle." In Contractual Estoppel. Informa Law from Routledge, 2017. http://dx.doi.org/10.4324/9781315458977-2.

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Stötzel, Matthias. "Contractual Relationships Across the Value Chain." In Equity Markets in Transition. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-45848-9_8.

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Shelton, Dinah. "Intergenerational Equity." In Solidarity: A Structural Principle of International Law. Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-11177-8_5.

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Selten, Reinhard. "The Equity Principle in Economic Behavior." In Theory and Decision Library C. Springer Netherlands, 1988. http://dx.doi.org/10.1007/978-94-015-7774-8_10.

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Goerg, Sebastian J., and Sebastian Kube. "The Equity Principle in Employment Relationships." In The Selten School of Behavioral Economics. Springer Berlin Heidelberg, 2010. http://dx.doi.org/10.1007/978-3-642-13983-3_13.

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Van Long, Ngo. "Toward a Theory of a Just Savings Principle." In Intergenerational Equity and Sustainability. Palgrave Macmillan UK, 2007. http://dx.doi.org/10.1057/9780230236769_15.

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Hudson, Alastair. "The Beneficiary Principle and International Trusts Law." In Great Debates in Equity and Trusts. Macmillan Education UK, 2014. http://dx.doi.org/10.1007/978-1-137-10164-8_6.

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Xu, Yongsheng. "Pareto Principle and Intergenerational Equity: Immediate Impatience, Universal Indifference and Impossibility." In Intergenerational Equity and Sustainability. Palgrave Macmillan UK, 2007. http://dx.doi.org/10.1057/9780230236769_7.

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Subtelny, Orest. "The Contractual Principle and Right of Resistance in the Ukraine and Moldavia." In Crown, Church and Estates. Palgrave Macmillan UK, 1991. http://dx.doi.org/10.1007/978-1-349-21579-9_19.

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Li, Meng, and Jeff DeWitt. "Equality by Principle, Efficiency by Practice: How Policy Description Affects Allocation Preference." In Interdisciplinary Perspectives on Fairness, Equity, and Justice. Springer International Publishing, 2017. http://dx.doi.org/10.1007/978-3-319-58993-0_5.

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Conference papers on the topic "Principle of contractual equity"

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Zhang, Xu-bo, and Chengbo Zhang. "Study on Private Equity Investment Risk Avoiding Base on Principle-Agent." In 2009 IITA International Conference on Services Science, Management and Engineering (SSME). IEEE, 2009. http://dx.doi.org/10.1109/ssme.2009.144.

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Shi, Yu-feng, De-li Zhao, and Li-min Hou. "Arbitrage free life insurance pricing model based on individual equity principle." In 2008 International Conference on Management Science and Engineering (ICMSE). IEEE, 2008. http://dx.doi.org/10.1109/icmse.2008.4668917.

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Xu, Jing. "Comparison on Equity Investment Accounting Method Conversion of Old and New Accounting Principle." In 2016 International Conference on Management Science and Innovative Education. Atlantis Press, 2016. http://dx.doi.org/10.2991/msie-16.2016.14.

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Wang, Yuan, Hong-Wei Zhang, Jian Li, and Jiang Zhou. "The Application of Information Entropy in Regional Allocation for Total Amount of Water Pollutants on the Principle of Equity." In 2009 3rd International Conference on Bioinformatics and Biomedical Engineering (iCBBE). IEEE, 2009. http://dx.doi.org/10.1109/icbbe.2009.5163577.

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Arslan, Çetin, and Didar Özdemir. "Crime of Manipulation on Prices." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01220.

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In a regular free market economy, the prices of goods and services occur at the point where the quantities of supply and demand get up with one another. On the other hand, it can be in question the distortion of this equilibration by various purposes and practices. In this case, optimal goods and services cannot be received under optimum conditions. As a conclusion of “ultima ratio” principle in the criminal law, every illegal conduct in this context does not constitute a crime but some fraudulent ones are imposed a sanction. The crimes of “fraud” in articles 157-158, “fraudulent bankruptcy” i

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Đurđić - Milošević, Tamara. "JAVNOBELEŽNIČKA FORMA UGOVORA U NASLEDNOM PRAVU." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.471dm.

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With the introduction of the of notary public into Serbian law, notary services are gaining more and more importance, and thus the role of notaries has become more dominant in different fields of law, primarily in contract law. Proscribing the notarial form as ad solemnitatem form for the validity of some contracts, thus deviating from the principle of consensualism inherent to the law of obligations, the question of the justification of the constitutive character of the notarial form arises. In order to find the answer to the raised question, it is necessary to examine the types and functions

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Namiq, Asos. "Base estoppel and its impact on modifying the binding force of the contract." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp213-221.

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The contract is the Sharia of the Contracting Party as a rule that does not govern the contract only upon formation, but also upon execution, since the terms of the contract are transformed, after its formation, into a law that imposes itself, and its sanctity cannot be violated. That is, when the contract is valid and enforceable, it must be executed according to what it contains and in accordance with good faith and trust between people, and this is called the principle of binding force of the contract. Whenever the contract is binding on both parties, one of the parties cannot be the only o

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Fehér, Gábor, and Éva Karai. "HUNGARIAN IFRS IMPLEMENTATION FROM TAX PERSPECTIVE." In Fourth International Scientific Conference ITEMA Recent Advances in Information Technology, Tourism, Economics, Management and Agriculture. Association of Economists and Managers of the Balkans, Belgrade, Serbia, 2020. http://dx.doi.org/10.31410/itema.2020.159.

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The influence of corporate income taxation on financial statements presented on a domestic accounting standards basis differ by countries in a wide range. Corporate income taxation in Hungary has a strong connection to the Hungarian Accounting Act. From 2016 it is prescribed or allowed for specific companies to present their financial statements on IFRS basis. The transition represented not only a challenge in the accounting system of the companies, but the state had to face new tasks because the taxation of IFRS companies had to meet the tax principle of horizontal equity and ensure the prope

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Birchenough, Eadred, James Munro, Jun Zhang, et al. "Online Application of Hydraulic Simulation Software to Gassco’s Subsea Pipeline Network." In 2012 9th International Pipeline Conference. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/ipc2012-90656.

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This paper addresses the on-line application of ATMOS SIM simulation software, integrated with ABB Network Manager WS500, to a subsea pipeline network of 7,800 km (4,847 mile) length — see Figure 1. The pipeline system is operated by Gassco Norway, and it delivers an annual volume of approximately 100 billion standard cubic meters of Norwegian gas to customers in Western Europe. One of the main challenges to such a great subsea pipeline system is the limited measurements available. For nearly all of the pipelines, the only location where flow, pressure and temperature are measured is at the in

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Rodrigues, Matilde A., Pedro Arezes, and Celina P. Lea˜o. "Risk Acceptance Criteria Formulation in Furniture Industry: The Portuguese Reality." In ASME 2011 International Mechanical Engineering Congress and Exposition. ASMEDC, 2011. http://dx.doi.org/10.1115/imece2011-63130.

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The acceptance criteria are important to the decision on the risk, however, it is possible to recognize that there is a lack of guidelines to use in the acceptance criteria definition. Considering that previous publications concerning the acceptance criteria definition in the occupational area are scarce, this paper aims to analyze how risk acceptance criteria can be formulated, exemplifying with a specific case in a Portuguese furniture industry. It explores the problematic on the acceptance criteria and the used principles for its formulation. The metrics to be adopted were also analyzed. Fa

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Reports on the topic "Principle of contractual equity"

1

Kaplow, Louis. Horizontal Equity: Measures in Search of a Principle. National Bureau of Economic Research, 1985. http://dx.doi.org/10.3386/w1679.

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