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Relevant bibliographies by topics / Theses – Contract law

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Journal articles

Academic literature on the topic 'Theses – Contract law'

Author: Grafiati

Published: 4 June 2021

Last updated: 5 February 2022

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Journal articles on the topic "Theses – Contract law"

1

Wiethölter, Rudolf. "Proceduralization Of The Category Of Law+." German Law Journal 12, no. 1 (2011): 465–73. http://dx.doi.org/10.1017/s2071832200016941.

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Preliminary Remark: The observations below are to be understood more as a draft than as theses. They refer to and continue a series of earlier considerations, most recently in two papers: Social Science Models in Economic Law, in Contract and Organisation, 52-67 (T. Daintith/G. Teubner eds., 1986) and Materialization and Proceduralization in Modern Law, in Dilemmas of Law in the Welfare State 221-248 (G. Teubner ed. 1986); both papers are also to be found (in German) in the following documentation: G. Brüggemeier, Workshop zu Konzepten des postinterventionistischen Rechts, Materialien des Zent

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2

Owczaruk, Sławomir. "CONCLUSION OF A CIVIL LAW CONTRACT AS A PREMISE FOR THE MUNICIPALITY TO ACT AS A TAXABLE PERSON OF TAX ON GOODS AND SERVICES (VAT)." Roczniki Administracji i Prawa 1, no. XX (2020): 151–66. http://dx.doi.org/10.5604/01.3001.0014.1432.

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The research goal undertaken in this article is to answer two questions. First, can a municipality’s legal tax status in the field of tax on goods and services (VAT) in each transaction always be determined precisely? Second, is the conclusion of a civil law contract by a Polish municipality a sine qua non condition for it to obtain VAT taxable status? Theses presented in the publication, and arguments clearly indicate that with the VAT system in force in the European Union, including Poland, it is not always possible to precisely define the status of a municipality as a taxpayer in a given tr

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3

Sukačić, Marko. "Dvojbena pravna narav kupnji na pokus." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 40, no. 3 (2020): 1207–27. http://dx.doi.org/10.30925/zpfsr.40.3.10.

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The paper deals with the sale on approval of horses and mules shown in D.19,5,20 pr.- 1 (Ulpianus libro 32 ad edictum) and the existing theories on the legal position of the parties in the source. The first part of the paper sets out principium of D.19,5,20, where Ulpian quotes Labeo, and his description of the sale on approval of horses, concluded between the seller and the acrobatic rider – desultor, with a detailed analysis of the interpretations of relevant romanists. The principium is analyzed with the reference to dominant theories: theses on the suspensive and/or resolutive condition pa

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4

Straumann, Benjamin. "Natural Rights and Roman Law in Hugo Grotius's Theses LVI, De iure praedae and Defensio capitis quinti maris liberi." Grotiana 26, no. 1 (2007): 341–65. http://dx.doi.org/10.1163/187607508x366454.

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AbstractRoman property law and Roman contract law as well as the property centered Roman ethics put forth by Cicero in several of his works were the traditions Grotius drew upon in developing his natural rights system. While both the medieval just war tradition and Grotius's immediate political context deserve scholarly attention and constitute important influences on Grotius's natural law tenets, it is a Roman tradition of subjective legal remedies and of just war which lays claim to a foundational role with regard to his conception of subjective natural rights. Grotius made use of Roman law

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5

Zieliński, Maciej Jakub. "Kontrowersje wokół wykonywania pracy na rzecz własnego pracodawcy w rozumieniu art. 8 ust. 2a ustawy o systemie ubezpieczeń społecznych a zgodność tego przepisu z Konstytucją RP." Przegląd Prawa i Administracji 113 (September 12, 2018): 169–85. http://dx.doi.org/10.19195/0137-1134.113.12.

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ON CONTROVERSIES OVER INTERPRETATION OF THE PHRASE “PERFORMING WORK FOR THE BENEFIT OF ONE’S EMPLOYER” WITHIN THE MEANING OF ARTICLE 8 SECTION 2A OF THE SOCIAL INSURANCE SYSTEM ACT AND CONSTITUTIONALITY OF THAT PROVISIONThe article discusses controversies over interpretation of the phrase “performing work for the benefi t of one’s own employer” within the meaning of Article 8 section 2a of the Social Insurance System Act. The author criticizes interpretation of this phrase based solely on abstract theses formulated in individual judicial decisions, especially the ones of the Supreme Court. Whe

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6

Richardson, Megan. "Contract law and distributive justice revisited." Legal Studies 10, no. 3 (1990): 258–70. http://dx.doi.org/10.1111/j.1748-121x.1990.tb00036.x.

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This article is a response to a series of articles on contract law and distributive justice. In the first article, published in the Yale Law Journal, Professor A. T. Kronman put forward the thesis that the law of contract is necessarily concerned with distributive justice – that is, with the ‘fair division of wealth among the members of society’. In the second article, published in the Oxford Journal of Legal Studies, W. N. R. Lucy rejected that thesis and argued that limits on contracting are based on freedom rather than distributive justice. In this article I argue that contract law is and s

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7

Nikodym, Lukáš, Tomáš Nikodym, and Tereza Pušová. "The Mistaken Doctrine of Common Law: A Critique." DANUBE: Law and Economics Review 7, no. 3 (2016): 173–81. http://dx.doi.org/10.1515/danb-2016-0011.

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Abstract The study deals with Huerta de Soto’s thesis about the “mistaken doctrine of common law”, which is based on the equalization of depositum irregulare and mutuum contracts. He concluded that equalization of these contracts resulted in the creation of business cycles. According to this study, Huerta de Soto made a mistake when considering contracts inspired by the continental law based on Roman law. The study shows that mutuum was even in Roman law an ancient contract that was not codified, and that Huerta de Soto’s interpretation of this contract in the Anglo-American legal system is ba

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8

Halpin, Andrew. "Law, Autonomy, and Reason." Canadian Journal of Law & Jurisprudence 13, no. 1 (2000): 75–102. http://dx.doi.org/10.1017/s0841820900002319.

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Joseph Raz’s recent discussion of law’s autonomy and public practical reasons, in response to an essay by Gerald Postema, provides further illumination of Raz’s own view of the nature of law; it forcefully challenges Postema’s purported identification of the defining task of law; and it clarifies the relationships between a number of strands, or theses, that enter the debate over an appropriate theoretical model for law. It is not necessary to locate this discussion within the more general setting of the conflict between Natural Law and Positivism—nor is it in any case clear that that sharp co

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9

Zenin, S. S., D. L. Kuteynikov, O. A. Izhaev, and I. M. Yapryntsev. "Law Making in the Conditions of Algorithmization of Law." Lex Russica, no. 7 (July 23, 2020): 97–104. http://dx.doi.org/10.17803/1729-5920.2020.164.7.097-104.

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The paper is devoted to the study of law and computer algorithms as tools regulating social and technical processes. The purpose of this work is to study the possibilities of using computer code to regulate public relations, as well as the impact of this process on traditional legislative procedures.The paper puts forward the thesis that computer code regulating technical processes can be used to a certain extent in the legal sphere of activity. To use computer code in law making, it is necessary to define the scope of legal regulation, develop an appropriate programming language and adopt a s

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10

Wójtowicz, Ewa. "Law applicable to Distribution Contracts and Contracts of Sale – Relationship between Framework Agreement and Application Contracts." European Review of Contract Law 14, no. 2 (2018): 138–56. http://dx.doi.org/10.1515/ercl-2018-1008.

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Abstract Distribution networks are widely used in the international trade as a tool for bringing another party’s products on to the market. However, in international business relations it may be difficult to establish the governing law for distribution agreements and contracts of sale. This article analyses the rules for determining the law applicable to distribution agreements and determines the impact of these rules and the law applicable to a distribution agreement on the applicable law for the sales contracts formed under the agreement. The thesis of the article is that the specific nature

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