Academic literature on the topic 'Rights arising from defective performance'

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Journal articles on the topic "Rights arising from defective performance"

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Pullin, Diana. "Performance Measures for Teachers and Teacher Education: Corporate Education Reform Opens the Door to New Legal Issues." education policy analysis archives 23 (August 31, 2015): 81. http://dx.doi.org/10.14507/epaa.v23.1980.

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Recent efforts to change the teaching profession and teacher preparation include a number of innovations to use portfolio assessment, value added measures (VAM), accountability metrics and other corporate education reform ideas. These approaches may provoke considerable potential legal consequences. Traditional constitutional and civil rights issues will continue to be important considerations. In addition, because education is increasingly seen as a consumer product, new types of legal issues are arising from the way evidence about performance is gathered and used and about the privacy of dat
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Egwunatum, Samuel I., Andrew I. Awo-Osagie, Imoleayo A. Awodele, and Emmanuel C. Eze. "Predicting Cost Performance of Construction Projects from Projects Procurement Procedure." Journal of Engineering, Project, and Production Management 11, no. 3 (2021): 181–95. http://dx.doi.org/10.2478/jeppm-2021-0018.

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Abstract The purpose of this paper is to show by multivariate regression model if a defective procurement procedure leading to a contract award affects the smooth execution of a project in terms of its cost performance on the strength of the significance of the model. This investigation was conducted with a quantitative method of research by administering questionnaires to key industry players (clients, consultants, and contractors) engaged in construction projects (both civil and building works) in assessing contract award procedures, conditions for contract award after tender evaluation and
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Groom, Stephen. "Did assignment of rights ‘arising from the performance of the services’ work?" Journal of Direct, Data and Digital Marketing Practice 14, no. 3 (2013): 261–63. http://dx.doi.org/10.1057/dddmp.2013.8.

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Radinda, Fisuda Alifa Mimiamanda, and Ricka Auliaty Fathonah. "Akibat Hukum Pelanggaran Legitieme Portie Melalui Akta Wasiat Menurut Burgelijk Wetboek (Studi Kasus Putusan Nomor 3109 K/ PDT/2015)." Notaire 2, no. 2 (2019): 157. http://dx.doi.org/10.20473/ntr.v2i2.13226.

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The purposes of this article are to know the legal consequences if the legitimate rights of Portie's heirs are violated due to the will of the heir. This research is normative legal research particulary prescriptive research. The data research are in the form of primary materials and secondary materials. The technique of collecting legal materials is literature study technique. The approaches in this research are legislation approach and case approach. The conceptual framework is deductive. The results of this article indicate that the legal consequences arising from the violation of the legit
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Genovese, Umberto, Cristina Lombardo, Igor M. Akulin, and Еkaterina А. Chesnokova. "The Damages from Unwanted Birth in the Italian Legal System: Between Law and Social Consciousness." Journal of obstetrics and women's diseases 65, no. 1 (2016): 87–94. http://dx.doi.org/10.17816/jowd65187-94.

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In Europe, the modern legal systems, as a rule, provide for the right of citizens to a free and informed choice in matter of family planning and procreation, and therefore the right of women to resort to abortion in case of medical and social indications, or even in case of the mother’s request to terminate an unwanted pregnancy. However, being abortion not only a legal issue, but also a social and moral one, different legal systems adopt a wide range of normative models, which take into account, among other things, the existing cultural traditions and the influence of Church on society. Many
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Poruban, Andrej, and Karol Krajčo. "DIVISION OF ONE EMPLOYMENT CONTRACT BETWEEN TWO EMPLOYERS." Sociálno-ekonomická revue 19, no. 1 (2021): 46–51. http://dx.doi.org/10.52665/ser20210105.

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The paper deals with the possibility of division of rights and obligations arising from employment contracts for one employee for several employment relationships part-time. The conclusion of the pre-contractual process in employment relations is the conclusion of an employment contract, which establishes an employment relationship. Within it, one undertakes to perform dependent work for pay for the other. It is a socio-economic relationship, because its nature is not only property but also personal, not only in the sense of personal performance of work. By including the employee in the organi
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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 (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
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Prymak, Volodymyr, Olga Koreniuk, and Tatiana Poharchenko. "Joint Functional Focus of Models of Civil Liability for Damage Inflicted on Patients." International Journal of Criminology and Sociology 10 (December 31, 2020): 393–99. http://dx.doi.org/10.6000/1929-4409.2021.10.47.

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One of the key areas of legal regulation of any aspect of public life (especially when it comes to personal moral rights inalienable from a person, including those that ensure the person's physical existence and reflect the human dignity inherent in every individual) is the establishment of legal guarantees for the observance and protection of subjective rights belonging to a person. The purpose of this study is to determine the centripetal (in value and functional terms) trends in the development and application of similar legal models and means of legal regulation of relations arising from h
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Ruta, Dino, Luca Lorenzon, and Emiliano Sironi. "The relationship between governance structure and football club performance in Italy and England." Sport, Business and Management: An International Journal 10, no. 1 (2019): 17–37. http://dx.doi.org/10.1108/sbm-10-2018-0081.

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PurposeThe purpose of this paper is to verify the theoretical assumption about a weaker role of internal governance structures (namely, board and CEO) in determining sporting and financial performances in highly concentrated club ownership environment.Design/methodology/approachUsing data from the Italian and English football clubs playing in their national top divisions, over the period 2006–2015, the authors apply agency theory, property rights theory and win maximization logic to test the absence of a significant impact of internal governance structures on financial performances and clubs’
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Harvey, Lou, Brad McCormick, Katy Vanden, Ree Collins, and Patricia Suárez. "Theatrical performance as a public pedagogy of solidarity for intercultural learning." Research for All 3, no. 1 (2019): 74–90. http://dx.doi.org/10.18546/rfa.03.1.07.

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This article is a post-hoc reflective theorization of a public engagement event based on research into UK-based international students' experiences of learning English. The event was a work-in-progress theatrical performance called The Translator , devised and produced by theatre company Cap-a-Pie and associates, and staged on two nights in June 2017 in Leeds. Our aim was to create an active learning experience for the public about how they relate to 'otherness' and difference in communication, and how they think about their own responses to difficult communicative situations. Lou first outlin
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Dissertations / Theses on the topic "Rights arising from defective performance"

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Strakatý, Tomáš. "Práva z vadného plnění v kupní smlouvě s účastí podnikatele." Master's thesis, 2018. http://www.nusl.cz/ntk/nusl-379262.

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The main goal of this thesis is to identify and analyze problematic aspects of rights arising from defective performance in B2B sale. The analysis is set into a complex description of rights arising from defective performance. The work reflects relevant decisions of courts, national, European and international legal regulations and other texts. The thesis is divided into nine chapters including introduction and ending. The chapters are divided systematically in order to complexly introduce rights arising from defective performance to a reader, while problematic aspects of mentioned legal insti
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Havránková, Lenka. "Prodej zboží v obchodě - práva z vadného plnění." Master's thesis, 2016. http://www.nusl.cz/ntk/nusl-353683.

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This diploma thesis focuses on the topic of "Sale of consumer goods - rights arising from a defective performance". This topic is coherently and comprehensibly explained, with an emphasis on a comparison between the former legal regulation governing exercising of rights arising from a defective performance under the sale of consumer goods (under Act No. 40/1964 Coll., Civil Code) and current legal regulation governing this area (under Act No. 89/2012 Coll., Civil Code), especially with regard to changes in the position of a buyer. Formally, the thesis is divided into six chapters, which are fu
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Jonáš, Tomáš. "Práva z vadného plnění." Master's thesis, 2020. http://www.nusl.cz/ntk/nusl-435901.

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1 Rights arising from defective performance Abstract This diploma thesis examines the institute of rights arising from defective performance. It contains not only a theoretical description of the effective legislation but also practical examples on which the theoretical background and knowledge are demonstrated. In addition to institutes of default and liability for damage, the institute of rights arising from defective performance is a key institute of ensuring the proper and timely fulfilment of the obligation. Considering how often practically one of the parties to the obligation performs d
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Tseng, Hui-Wen, and 曾惠文. "A Study on the Legal Remedy Regime of Civil Servant Protection Act Arising from the International Human Rights-in the View of Performance Appraisal." Thesis, 2014. http://ndltd.ncl.edu.tw/handle/qcsx23.

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碩士<br>國立臺灣海洋大學<br>海洋法律研究所<br>102<br>With the establishment of human rights concepts and the rule of law, the protection of the right and relief procedure of the civil servants were getting more attention and this leads the development of the path of rights remedy and the form of legislation.As the end of World War II, the trends of constitutional thought of democracies emphasize the protection of basic human rights. Under the impact of this trend, the theory of particular power relations were challenged and changed. The protection of the right of the civil servants was getting more attention.
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Kohoutová, Lenka. "Provedení díla a práva a povinnosti z vad díla." Master's thesis, 2015. http://www.nusl.cz/ntk/nusl-337216.

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Completion of work and rights and duties resulting from defective work This thesis focuses on the analysis and description of selected aspects of a contract for work which are completion of work and rights and duties resulting from defective work. The selected aspects are dealt with in this thesis according to their regulation after the recodification of civil law in Act no. 89/2012 Coll., the Civil Code. This new legislation is analyzed and at the same time compared with the legislation from which it partly arose and that was abolished by the Civil Code, i.e. Act no. 40/1964 Coll., the Civil
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Books on the topic "Rights arising from defective performance"

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Hugh, Beale, Bridge Michael, Gullifer Louise, and Lomnicka Eva. Part II Description of Interests, 8 Rights Not Including the Transfer or Retention of Title. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198795568.003.0008.

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This chapter talks about how set-off is the process by which a claim is reduced or eliminated upon account being taken of a cross-claim. Set-off comes in a number of different forms arising by operation of law. Some of these forms may be expanded or abbreviated (even eliminated) by a contract between the relevant parties. There are also several rules that bear a close resemblance to set-off but that technically are, or may be, distinct. These include the ability of a buyer, receiving defective goods, to deduct a sum representing their diminished value from the purchase price claimed by the sel
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George, Erika. Incorporating Rights. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780199941483.001.0001.

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Incorporating Rights: Strategies to Advance Corporate Accountability examines existing and emerging advocacy strategies that could conceivably close a global governance gap that puts human rights at risk and places commercial actors at risk of becoming complicit in human rights abuses when conducting business in emerging market economies and complex environments. Corporate codes of conduct, sustainability reporting, and selected multistakeholder initiatives are presented as the building blocks of a system of soft law that could solidify to become binding baseline standards for better business
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Book chapters on the topic "Rights arising from defective performance"

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Heinrich, Andrew. "Sub-Regional Courts as Transitional Justice Mechanisms." In The Performance of Africa's International Courts. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198868477.003.0003.

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This chapter examines cases in the East African Court of Justice (EACJ) arising from the protracted and systemic abuses of human rights in Burundi. It argues that the EACJ’s role in accepting and deciding cases arises in large part from the ongoing conflict and authoritarian governance in Burundi and the absence of transitional justice mechanisms. In so doing, this chapter dovetails with other chapters in this book that show how litigants resort to Africa’s sub-regional courts when national institutions perform sub-optimally in addressing their needs. The cases from Burundi are exceptional examples of resorting to Africa’s sub-regional courts. The EACJ is a powerful transitional justice mechanism by providing a forum for truth and attention to be brought to issues arising from Burundi’s ongoing conflict and authoritarian governance. This chapter also demonstrates how these cases have been used to galvanize resistance outside of Burundi against continued authoritarian rule in Burundi.
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