Relevant bibliographies by topics / Validity of the contract

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Academic literature on the topic 'Validity of the contract'

Author: Grafiati
Published: 4 June 2021
Last updated: 10 February 2022

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Journal articles on the topic "Validity of the contract"

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Schroeter, Ulrich G. "Contract validity and the CISG." Uniform Law Review 22, no. 1 (March 2017): 47–71. http://dx.doi.org/10.1093/ulr/unx010.

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Shojaei, Abdorreza. "Validity of Open Contract in International Trade Law." Journal of Politics and Law 10, no. 2 (February 28, 2017): 241. http://dx.doi.org/10.5539/jpl.v10n2p241.

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Open contracts are agreement whereby parties of the contract can insert terms and conditions in the contract, delete them, or revise them. Some contracts for the supply of goods or construction are examples of such contracts. One party (usually a contractor or seller) can have many initiatives by increasing and decreasing the price or by changing elements of the contract. Certainly, there are many reasons, motives, and important goals in creating this type of conventions and its acceptance by the legal community. Discovery of these reasons and the goals leads to fundamental changes and definition of this type of contract could be a major driver of reform in Iranian contract laws, as Iranian community prefers to use example or pre-specified forms of contracts. Therefore, referring to the Principles of European Contract Law and implementation of the legal provisions, legal doctrines, and jurisprudence, presentation of new concepts such as open contract as well as analysis of its nature, validity, and effects leads to establishment of grounds for accepting new contractual frameworks and its localization of contractual rights in Iran because it has been rejected due to traditional perspectives. It may result in legislation to pave the way for solving many legal problems in specialized issues such as oil contracts. In this regard, in addition to genealogy of open contract, this article aims to examine its types and its effects legally in the laws of countries like Iran and European countries.
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Dahham, Mohammed Waheed. "أركان العقد الإداري وشروط صحته دراسة مقارنة." Twejer 3, no. 3 (December 2020): 707–38. http://dx.doi.org/10.31918/twejer.2033.19.

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The administrative contract is the tool used by the administration to maintain the continuity of the public facility and its steady progress in order to meet the needs of citizens, in way would achieve the public interest. The administrative contract consists of procedures paving the way for its conclusion, represented by the administrative decisions issued by this department with the public authority it has in accordance with the laws and regulations. These decisions are part of and component of the administrative contract. Therefore, the elements of the administrative contract are; that the public authority is one of its parties, the contract relates to a public facility service, and the contract should be subject to public law. However, the conditions of validity of the contract are; the administration shall abide by the laws and regulations in selecting the contractor, the administrative contract includes contractual and regulatory provisions and, and the public person has a generic feature throughout the life of an administrative contract. Key words; administrative law, administrative decision, elements of administrative law, conditions of validity of administrative contract, legal system of administrative law, conclusion of the administrative contract
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CRETU, Georgeta, and Camelia SPASICI. "THE LEGAL NATURE OF ”PRE-CONTRACTUL OBLIGATIONS”:CONDITIONS OF VALIDITY IN THE CONSUMER CONTRACT." Jurnalul de Studii Juridice 15, no. 3-4 (December 20, 2020): 30–42. http://dx.doi.org/10.18662/jls/15.3-4/73.

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This paper aims to briefly analyze the legal nature of “the pre-contractual obligations” regarding the information, counselling and safety elements that are specific to the consumer legislation. From the perspective of consumerist regulations, “the pre-contractual obligations” occur during the formation of the contract stage although in the civil contract the obligations of the parties designate the effects of the contract. In these circumstances, the following question arises: are “the pre-contractual obligations” laid down in the Consumer Code conditions of validity or effects (obligations) of the contract? This dispute is a part of the harmonization process of the institutions that are specific to the legislation of consumption with those of the contract as laid down in the Civil Code (the ordinary law in the matter). The paper is structured in four parts: “Introduction”, “The Stages of the Civil Contract: the Conditions of Validity, Conclusion, Effects and Termination”, “The Pre-Contractual Obligations as Laid Down in the Consumer Code” and “The Legal Character of the Pre-Contractual Obligations.” This legal undertaking ends with conclusions.
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Obiri-Korang, Prince. "A re-examination of the conflict rules governing the validity of international contracts." Journal of Comparative Law in Africa 7, no. 2 (2020): 41–59. http://dx.doi.org/10.47348/jcla/v7/i2a2.

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Generally, under choice of law, the issue of uncertainty associated with the determination of the governing law of international contracts is quite clear. The level of this uncertainty, however, increases when dealing with questions about which law governs the validity of such contracts. Like other areas of private international law, matters concerning validity present several unique challenges both in theory and in practice, making it the most complicated topic in private international law literature. In fact, the uncertainty in this area has led to a situation where different rules are applied by different states, without taking into consideration the link that should exist between the state whose law becomes applicable and the function that the law is expected to serve – determining the validity of a contract. This article attempts to contribute to existing literature on choice of law questions regarding the validity of international contracts and also provides solutions, based on the underlying principles of private international law of contract that effectively address the uncertainty in this area of law. The article submits that the law that governs the validity of an international contract must, at all times, be one that has a legitimate interest in matters concerning the legality or otherwise of such contracts. In this regard, the article strongly opposes the theory that the parties’ intention determines the law that governs the validity of their contract. After a careful examination of literature and landmark judicial decisions in both civil law and common law jurisdictions, the article concludes that the lex loci solutionis is the appropriate law to determine matters relating to the validity of international contracts.
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Bawono, Bambang Tri. "The Validity of Electronic Contracts in Software Applications." Jurnal Akta 7, no. 1 (June 13, 2020): 119. http://dx.doi.org/10.30659/akta.v7i1.10556.

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The development of information and communication technology resulted in the form of agreements turned into electrical forms, which are commonly referred to as electronic contracts. Discussion on electronic contracts refers to Article 46 paragraph (2) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions must also fulfill the legal conditions of the agreement. Based on this case, it is necessary to do a deeper study of the electronic contract, because it certainly has the potential to not fulfill the legal conditions of the agreement.Method research used in this research is library research. While the approach in this study uses a normative juridical approach. The source of legal material in this study uses primary and secondary legal materials.The results of this study state that the validity of electronic contracts in software applications can be canceled and null and void. Electronic contracts in software applications can be canceled because they do not meet the subjective requirements in terms of skills. This is because those who make electronic contracts through click warp have the potential to be immature, because they are under 18 years of age. Especially in the context of the use of smartphones or other devices related to the use of software applications, there are no clear rules regarding the minimum limits of users of such smartphones or devices. While the electronic contract has the potential to be null and void because the electronic contract is potential to conflict with the laws and regulations of Article 47 paragraph (1) President Regulation No. 71 of 2019 on the Implementation of Electronic Systems and Transactions. Electronic contracts in software applications are generally made using foreign languages, while Article 47 paragraph (1) requires that electronic contracts faced by Indonesian citizens must be made in Indonesian.Keywords: Electronic Contracts; Click Warp Agreement; Terms of Legitimate Agreement.
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김창희. "A Study on Validity of AnticipatorySet-off Contract." Korean Lawyers Association Journal 65, no. 1 (January 2016): 52–89. http://dx.doi.org/10.17007/klaj.2016.65.1.002.

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Intigam Garayeva, Aysel. "CONTRACTUAL CAPACITY OF MINORS." SCIENTIFIC WORK 65, no. 04 (April 21, 2021): 133–36. http://dx.doi.org/10.36719/2663-4619/65/133-136.

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Capability is one of the essential factors that the validity of contract stipulates the existence of it. Contractual capability means capacity and competency of parties. Individuals, legal entities, as well as states and municipalities may act as a party in concluding a contract. In general, it is important for individuals to have full active legal capacity in order to enter into a contract without someone's approval. As a legal matter, there are certain groups of people who are presumed to have no or limited contractual capacity to make an agreement. Minors included in this group must comply with the requirements established by the civil legislation for validity of contracts concluded by them. This article clarifies invalidity issues of contracts concluded by a minor party, necessity of consent and approval of legal representatives for validity of contracts and emancipation of minors. Key words: active legal capacity, minors, contractual capacity, children, approval of legal representatives, invalidity of contracts concluded by minors, emancipation
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Puneri, Atharyanshah, Ilhamiddin Ikramovich Nazarov, Moustapha Chora Ahmat, and Muhamad Ikhwan Arif. "The Litigation Process in Handling Murabahah Cases: A Comparative Study between Malaysia and Indonesia." International Journal of Management and Applied Research 6, no. 4 (November 1, 2019): 307–16. http://dx.doi.org/10.18646/2056.64.19-023.

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In conventional banking, the validity of a contract is recognised through case law and the legal system of the country. Islamic banking contracts follow the same laws in addition to Shariah principles, which sometimes create legal uncertainty. Murabahah is an Islamic financial instrument which allows a buyer to purchase goods from a seller at a specified profit margin. In contemporary banking practice, Murabahah has been widely used by Islamic financial institutions as a financing contract. It is therefore important to scrutinise the legality and validity of Murabahah practised by Islamic financial institutions in contemporary settings because the existing substantive law on contracts and commerce may not fit well with the Shariah principles. This paper selected three Murabahah cases in Malaysia and Indonesia between 2013 and 2016 as points of comparison. Future research could compare and contrast legal cases over a wider time span.
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Natig Mammadova, Nazrin. "LEGAL ANALYSIS OF VALIDITY OF A SURETYSHIP AGREEMENT." SCIENTIFIC WORK 65, no. 04 (April 23, 2021): 415–19. http://dx.doi.org/10.36719/2663-4619/65/415-419.

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In order the contracts to be binding and engender legal consequences, firstly, they must be concluded in compliance with formal requirements set forth in the legislation. A suretyship agreement is also a contractual obligation. Taking into account its unilateral and gratuitous nature, the suretyship contract can result with onerous circumstances for the surety. That is why, validity conditions of the suretyship agreement pursue the aim to preserve legitimate interests and economic situation of the surety. The provision of them make the surety comprehend the seriousness of his engagement. This article illustrates the analysis of the essential terms of the suretyship agreement to be valid in comparison with foreign legal systems. Key words: suretyship agreement, a security device, conditions of validity, existence of a main obligation, written form, spouse’s consent.
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Dissertations / Theses on the topic "Validity of the contract"

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Toyama, Miyagusuku Jorge Luis. "Validity and efficacy of the labor contract." Pontificia Universidad Católica del Perú, 2012. http://repositorio.pucp.edu.pe/index/handle/123456789/116240.

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The validity and efficacy of the labor contract as well as cases of nullity and defeasibility import an analysis of scopes of the supplementary application of Civil Code taking into account the peculiarities of Labor Law. Labor contract, while legal business has as regulatory framework to the regulations of Civil Code but it is necessary to determine, in each case, whether to apply fully this normative body, or modulate its supplemental application, or simply conclude that it doesn’t result compatible its regulation due to the special nature of labor relations. Specifically, this issue will be analyzed from cases of nullity and defeasibility of the labor contract.
La validez y eficacia del contrato de trabajo así como los supuestos de nulidad y anulabilidad importan un análisis de los alcances de la aplicación supletoria del Código Civil teniendo en cuenta las peculiaridades del Derecho del Trabajo. El contrato de trabajo, en tanto negocio jurídico, tiene como marco de regulación a las disposiciones del Código Civil pero es necesario apreciar, en cada caso, si corresponde aplicar plenamente este cuerpo normativo, o modular su aplicación supletoria, o simplemente concluir que no resulta compatible su regulación por la naturaleza especial de las relaciones laborales. Especialmente, este tema será analizado a partir de los supuestos de nulidad y anulabilidad del contrato de trabajo
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Nguyen, Quan Hoang Computer Science &amp Engineering Faculty of Engineering UNSW. "Validity contracts for software transactions." Awarded by:University of New South Wales. Computer Science & Engineering, 2009. http://handle.unsw.edu.au/1959.4/44533.

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Software Transactional Memory is a promising approach to concurrent program- ming, freeing programmers from error-prone concurrency control decisions that are complicated and not composable. But few such systems address consistencies of transactional objects. In this thesis, I propose a contract-based transactional programming model toward more secure transactional sofwares. In this general model, a validity contract spec- ifies both requirements and effects for transactions. Validity contracts bring nu- merous benefits including reasoning about and verifying transactional programs, detecting and resolving transactional conflicts, automating object revalidation and easing program debugging. I introduce an ownership-based framework, namely AVID, derived from the gen- eral model, using object ownership as a mechanism for specifying and reasoning validity contracts. I have specified a formal type system and implemented a pro- totype type checker to support static checking. I also have built a transactional library framework AVID, based on existing Java DSTM2 framework, for express- ing transactions and validity contracts. Experimental results on a multi-core system show that contracts add little over- heads to the original STM. I find that contract-aware contention management yields significant speedups in some cases. The results have suggested compiler- directed optimisation for tunning contract-based transactional programs. My further work will investigate the applications of transaction contracts on various aspects of TM research such as hardware support and open-nesting.
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Ryan, Julian. "Show Me the Money: Examining the Validity of the Contract Year Phenomenon in the NBA." Thesis, Harvard University, 2015. http://nrs.harvard.edu/urn-3:HUL.InstRepos:14398539.

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The media narrative of the ‘contract year effect’ is espoused across all major professional American sports leagues, particularly the MLB and NBA. In line with basic incentive theory, this hypothesis has been shown to be true in baseball, but the analysis in basketball to this point has been flawed. In estimating the contract year effect in the NBA, this paper is the first to define rigorously the various states of contract incentives, the ignorance of which has been a source of bias in the literature thus far. It further expands on previous analyses by measuring individual performance more broadly across a range of advanced metrics. Lastly, it attempts to account for the intrinsic endogeneity of playing in a contract year, as better players get longer contracts and are thus less likely to be in a contract year, by using exogenous variations in the NBA’s contract structure to form an instrument, and by comparing performance to a priori expectations. In this manner, this paper produces the first rigorous finding of a positive contract year phenomenon. The estimated effect is about half that found in baseball, equivalent to a 3-5 percentile boost in performance for the median player in the NBA.
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Kliemann, Ana Carolina. "Erro invalidante da dogmática do negócio jurídico." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2006. http://hdl.handle.net/10183/7686.

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A regulamentação das hipóteses de erro no Direito Obrigacional foi objeto de profunda alteração em razão da nova redação atribuída à matéria pelo novo Código Civil e em razão do novo cenário desenhado pelo princípio da manutenção do contrato. A presente dissertação trata das diferenças entre a regulamentação do erro em face do Código anterior (1916 – “CC/16”, artigos 86 a 113) e do novo Código (2002 – “CC/02”, artigos 138 a 166). Além disso, a dissertação trata sobre as conseqüências advindas do desfazimento do negócio jurídico por erro, inclusive sobre eventual indenização. As questões propostas e que subjazem esta dissertação são: em quais situações a parte pode requerer o desfazimento por erro? A existência de erro, somente, é suficiente para que se declare inválido o contrato? E quais são as conseqüências da invalidação do negócio jurídico? Há algum dever indenizatório? As respostas a essas questões serão umas, se analisadas a partir das regras do Código Civil de 1916, e outras, se respondidas com base nas regras do Código Civil de 2002. A dissertação analisa o fato de, em regra, a doutrina apontar como modificação do novo Código Civil a introdução do princípio da proteção da confiança daquele que não agiu em erro. Na verdade, no entanto, essa proteção já era implementada na vigência do Código Civil anterior (CC/16), por meio do dever de indenizar. Portanto, a proteção da outra parte não é novidade introduzida pelo novo Código Civil (CC/02). A tese exposta nesta dissertação aponta para o fato de que, além da proteção da outra parte, a lei protege o contrato em si, como uma forma de proteger o comércio, ou seja, todos os demais contratos que dependem dele, direta ou indiretamente. E essa proteção é colocada em prática ao se dificultar o desfazimento do negócio jurídico por erro. Nesse sentido, o novo Código Civil inovou ao acrescentar um outro requisito para o desfazimento do negócio por erro: a sua recognoscibilidade.
The regulation of the hypotheses of mistake in Contract Law has suffered deep modifications due to the new wording of the new Civil Code and the new scenario drafted by the principle of maintenance of the contract. The presented thesis covers the differences between the old regulation supported by the old Civil Code (1916 – “CC/16”, articles 86 to 113) and the new one (2002 – “CC/02”, articles 138 to 166). Besides that, it deals with the consequences of the extinguishment of the contract due to mistake, including the possibility of indemnification of the other party. The questions posed, which are beneath this thesis, are: in which situations a party may avoid a contract for mistake? The existence of the mistake, solely, is enough to make the contract unenforceable? And what are the consequences? Is there any duty of indemnification? The answers will be different according to the rules of the Civil Code of 1916 and the 2002 one. In general, writers have pointed out as the modification introduced by the new Civil Code the protection of the other party that has not acted in mistake. Actually, this protection has been in evidence since the old Civil Code (CC/16), what was put into practice throughout the duty of indemnification. Thus, the protection of the other party is not the change introduced by the new Civil Code (CC/02). The point is that the new law, besides protecting the other party, protects also the contract itself, as a means of protection of the market, or, in other words, all other contractual relations that depend on it, direct or indirectly. And this protection is put into practice by making more difficult to terminate the contract for mistake. In this sense, the new Civil Code added one more requisite: the recognosibility of the mistake.
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Stoltz, Danielle Ivy. "The validity of automatic termination clauses in employment contracts." Diss., University of Pretoria, 2015. http://hdl.handle.net/2263/53192.

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This study aims to establish the validity of the automatic termination of an employment contract. The automatic termination of an employment contract means that the contract is terminated ex lege and not by an act of the employer. Such termination will therefore not qualify as a dismissal for purposes of section 186 of the LRA. The result is that these employees will not be able to challenge the fairness of such termination based on the unfair dismissal provisions in the LRA. It may be argued that such automatic terminations offer employers the opportunity to effectively circumvent their obligations under the LRA with regards to the fairness of dismissals. Automatic termination provisions are often used by employers as a mechanism to this. The Constitution of the RSA provides that everyone has the right to fair labour practices .1 This constitutionally guaranteed right is given effect to in the LRA2 which provides employees with the right not to be unfairly dismissed.3 By depriving employees of their protection against unfair dismissal, it may be argued that their fundamental rights to fair labour practices are infringed. This study aims to investigate the topic of automatic termination of employment contracts by analysing the provisions of, inter alia, the LRA and the Constitution of the RSA in order to determine the extent of protection afforded to employees against exploitation in circumstances such as these and will consider various findings of courts that may shed light on the matter. The effect of the recent amendments to the LRA in this regard will also be considered.
Mini Dissertation (LLM)--University of Pretoria, 2015.
Jurisprudence
LLM
Unrestricted
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Mpati, Lungisa. "Termination of employment contract by operation of law in the education sector: the constitutionality and validity of the deeming provisions." Thesis, Nelson Mandela Metropolitan University, 2012. http://hdl.handle.net/10948/1600.

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Fundamental to any contract of employment is the obligation that rests on an employee not to be absent from work without justification. Under the common law, if an employee did that, the employer would be entitled to dismiss him or her on notice. The International Labour Organization Convention (ILO) 158 of 1982 provides that the employer must have a reason for a dismissal and sets out broad categories or reasons for dismissals . Section 23 of the Constitution of the Republic of South Africa, 1996(Act 108 of 1998) provides that “Everyone has the right to fair labour practices”. Section 33 of the Constitution provides that “Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. The Promotion of Administrative Justice Act 3 of 2000 (PAJA) is designed to give effect to just administrative action. Section 1 and 3 of the Labour Relations Act,1995(Act 66 of 1995)(LRA) require compliance with Article 7 and 8 of the ILO Convention 158 of 1982, when the employment of a worker has been terminated by his or her employer. The LRA protects employees against unfair dismissal. In the Department of Education, Section 14(1)(a) of the Employment of Educators Act, 1998 provides for the discharge of an educator in the event that he or she absents himself or herself from work for a period exceeding 14 consecutive days without the permission of the employer. A similar provision, Section 17(5)(a)(i) of the Public Service Act, 1994 provides for the discharge of an officer other than an educator who absents himself or herself from his or her official duties without the permission of the Head of Department for a period exceeding one calendar month. Section 14(2) of the Employment of Educators Act, 1998 and 17(5)(b) of the Public Service Act,1994 afford an employee who has been deemed discharged to show good cause why he or she should be reinstated. Against this background, the critical legal question is the constitutionality of the deeming provisions. The study will examine the validity of these provisions in relation to the ILO Conventions, Constitution, LRA and PAJA.
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Erimée-Chanteur, Manuella. "L'entrée payante dans le contrat." Thesis, Antilles, 2017. http://www.theses.fr/2017ANTI0171/document.

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La présente étude se propose de théoriser la pratique de l’entrée payante dans le contrat. Elle peut être envisagée comme l’obligation monétaire préalable et déterminante imposée à l’une des parties, conditionnant la conclusion d’un contrat. La réunion sous ce seul vocable d’un certain nombre d’obligations précontractuelles permet de dégager une vision unitaire de la question, avant de s’attacher à leurs particularités. L’entrée payante connaît, de fait, diverses manifestations et ses justifications le sont tout autant. « Engagement » ou « supplément », la validité de ces obligations interroge nécessairement au regard du principe de la liberté contractuelle. Si l’on ne peut nier l’existence d’instruments juridiques susceptibles d’en assurer le contrôle, ce dernier demeure néanmoins non efficient. Dès lors, doit être sérieusement envisagée la création d’une norme générale encadrant ces pratiques
This study intends to theorize the application of admission charge into contracts. It can be regarded as a preliminary and decisive monetary obligation imposed upon one of the parties, determining the finalization of the contract. The union of several pre-contractual duties under this sole term allows to put forward a unified vision of the question before going into particularities. De facto, admission charge is subject to various manifestations and so are its justifications. «Engagement» or «supplementary» pre-contractual monetary obligation issues continue to arise regarding the validity of these obligations in accordance with the principle of freedom of contract. While there can be no denying the existence of legal instruments likely to ensure its regulation, it remains inefficient nonetheless. Henceforth, creating a general standard to regulate such practices ought to be seriously considered
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Al, Khoury Wissam. "Des nullités en matière civile : essai de reconstitution d'une théorie en droit français et libanais en considération des perspectives européennes et internationales." Thesis, Montpellier 1, 2011. http://www.theses.fr/2011MON10031.

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La théorie des nullités, telle qu'exercée aujourd'hui en Droit civil, souffre d'une grave incohérence tant dans sa conceptualisation que dans son application. Il serait adéquat de parler de "cumul de théories". Car, de toutes les théories qui ont été élaborées, nulle n'a réussi à s'imposer comme seule compétente à régir toute la matière, et aucune, en revanche, n'a été définitivement éradiquée de la pratique juridique. De l'inexistence, à la rescision, aux nullités relative, absolue, virtuelle, partielle, conventionnelle, unilatérale, les modules du système d'annulation s'entassent sans qu'ils constituent un ensemble homogène susceptible de former une théorie pertinente, digne de la réputation historique et mondiale du Code civil français. Dans le mouvement d'européanisation et de mondialisation de l'activité juridique et législative, d'une part, et à l'heure où le chantier de la réforme du droit des obligations et des contrats est lancé, d'autre part, il semble que seule une théorie de nullité débarrassée de toute classification astreignante et dogmatique saurait remédier aux difficultés que soulève l'inlassable variation des circonstances. Dans cette perspective, désencombrer la nullité nous amène à dépoussiérer le noyau de la théorie et à remettre en avant le principe du but de la loi. Ceci implique aussi un élargissement de l'imperium du magistrat pour faire valoir le but de la loi, soit pour assurer la sauvegarde de l'intérêt général ou de l'ordre public, soit pour renforcer la protection du contractant faible au contrat
The theory of nullities, as exercised nowadays in civil Law, suffers from a severe incoherence as much in its conceptualization as in its applicafion. It would be adequate to talk of “accumulation of theories”. Since, of all the theories that have been elaborated, none has succeeded to impose itself as the only competent to cover the entire subject, and none, on the other side, has been definitely eradicated from the juridical practice. From the inexistence, to the rescission, to the relative, absolute, virtual, partial, conventional, unilateral nullities, the modules of the system of nullification accumulate without forming a homogenous set liable of forming an apt theory worth the historical and global reputation of the French civil Code. In light of the movement of Europeanization and globalization of the juridical and legislative activity from one part, and at the time when the site of the reform of the of the law of obligations and contracts has been launched, from the other part, it seems that only a theory of nullity free of any demanding and dogmatic classification would be able to remedy the difficulties arising from the tireless variation of circumstances. In this perspective, emancipating the nullity will lead us to dust the nucleus of the theory and put on forth the principle of the goal of the law. This also implies enlarging the “imperium” of the magistrate to emphasize the goal of the law, either to ensure the protection of the general interest or public order or to reinforce the protection of the contractor weak towards the contract
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Tonkin, Liechen. "The validity of automatic termination clauses in employment contracts / by L. Tonkin." Thesis, North-West University, 2012. http://hdl.handle.net/10394/9846.

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This study aims to establish the validity of automatic termination clauses in employment contracts. An automatic termination clause in an employment contract is a mechanism that has the effect that the expiry of an employment contract cannot constitute a dismissal. In terms of the common law a fixed term contract of employment is terminated automatically as soon as the agreed terms have been reached and it therefore does not constitute a dismissal. The common law therefore created a gap for the exploitation of employees in that the employer can keep the employee on a series of fixed term contracts, which is not in line with the aims of the LRA to create job security. Section 186(1) of the LRA defines a dismissal as an employer who terminated an employment contract with or without notice and an employee who reasonably expected the employer to renew a fixed term contract of employment on equal or comparable terms, and the employer renewed the contract on less favourable terms, or did not renew the contract at all. In terms of section 185 of the LRA every employee has the right not to be unfairly dismissed. Section 23 of the Constitution affords everyone the fundamental right to fair labour practices. The question that arises in respect of these matters is whether automatic termination clauses fall foul of the Constitution and the LRA and whether they are invalid in terms of the LRA and Constitution. In Mahlamu v CCMA and Others the validity of the automatic termination in an employment contract was challenged. The court noted that when an employee signs a contract with an automatic termination clause, the employee waives his right not to be unfairly dismissed in terms of the Constitution and the LRA. The court found that the rights conferred on the employee in terms of the LRA and Constitution are a matter of public interest and cannot be waived by the individual. Employment contracts with automatic termination clauses fall foul of the LRA and the Constitution, are against public policy and thus invalid. The Labour Court stated that a contractual device that renders the termination of a contract something other than a dismissal is exactly the exploitation the LRA prohibits This study aims to establish the validity of different automatic termination clauses in employment contracts, to discuss the interpretation of the LRA and the Constitution regarding automatic termination clauses and to establish to what extent employees are protected against exploitation with regards to employment security in terms of the above-mentioned provisions in employment contracts. The investigation sought to establish whether employees can ‘contract out’ their right not to be unfairly dismissed, and whether these provisions fall within the ambit of the LRA, and more specifically the Constitution. The constitutionality of the current effect of the LRA on employment contracts with automatic termination clauses will be scrutinised. In conclusion the study will discuss the proposed amendments to the LRA and the possible effects should these amendments be enacted. The Amendment Bill, if enacted, will prove the contract of employment with the automatic termination clause to be invalid where the employer cannot justify the reason for the temporary employment. The Amendment Bill will furthermore provide for the extensive protection of the rights of the temporary and fixed-term employees. It is clear that the automatic termination clause in an employment contract which is not based on operational reasons falls foul of the Constitution and LRA.
Thesis (LLM (Labour Law))--North-West University, Potchefstroom Campus, 2013.
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Yang, Joong-Nam. "Negative cognition in depression : a test of its validity by means of contruct accessibility." Virtual Press, 1990. http://liblink.bsu.edu/uhtbin/catkey/722169.

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This thesis was designed to examine two issues concerning negative cognition in depression: whether a negative schema is a characteristic of depressed people, and if so, whether it is a temporary state or an enduring trait. Previous research has reported mixed findings on both issues. A negative schema was defined as the negativity of an individual's chronically accessible constructs. A positive relationship between negative construct accessibility and depression , and between negative construct accessibility and vulnerability to depression was predicted. The relationship between negative construct accessibility and vulnerability to depression controlling for depression was also examined. Subjects completed a construct accessibility measure, the Beck Depression Inventory, the Dysfunctional Attitude Scale, and the State-Trait Anxiety Inventory. The results indicated that the relationship between negative construct accessibility and depression was modified either by anxiety alone or by gender and vulnerability to depression. The relationship between negative construct accessibility and vulnerability to depression was modified by gender and depression. These results suggest that under certain conditions a negative schema is a temporary state in depressed individuals. Implications for future research are discussed.
Department of Psychological Science
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Books on the topic "Validity of the contract"

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Lith, Hélène van. International jurisdiction and commercial litigation: Uniform rules for contract disputes. The Hague, The Netherlands: TMC Asser Press, 2009.

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International jurisdiction and commercial litigation: Uniform rules for contract disputes. The Hague, The Netherlands: TMC Asser Press, 2009.

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He tong xiao li bi jiao yan jiu: COMPARATIVE STUDIES ON THE VALIDITY OF THE CONTRACT. Beijing Shi: Fa lü chu ban she, 2013.

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1853-1902, Wald Gustavus Henry, and Williston Samuel 1861-1963, eds. Principles of contract at law and in equity: A treatise on the general principles concerning the validity of agreements in the law of England and America. 3rd ed. Littleton, Colo: F.B. Rothman, 1988.

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1977-, Dieckmann Andreas, ed. Selbstregulierung im Privatrecht. Tübingen: Mohr Siebeck, 2010.

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Il contratto in trasformazione: Invalidità e inefficacia nella transizione al diritto europeo. Milano: Giuffrè, 2011.

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Lorenzetti, Ricardo Luis. La emergencia económica y los contratos. 2nd ed. Buenos Aires: Rubinzal-Culzoni, 2002.

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Ghestin, Jacques. Cause de l'engagement et validité du contrat. Paris: L.G.D.J., 2006.

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Inzitari, Bruno. Commissioni e spese nei contratti bancari: Validità, usura, tasso-soglia. [Padova]: CEDAM, 2010.

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Belbin, Stephen. The validity of sampling. London: Chelsea College of Art and Design, 2002.

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Book chapters on the topic "Validity of the contract"

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Andrews, Neil. "Validity." In Arbitration and Contract Law, 177–88. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27144-6_11.

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Andrews, Neil. "Arbitration Agreements: Validity and Interpretation." In Arbitration and Contract Law, 17–49. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27144-6_2.

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Liu, Yunsheng. "Private Contracts as Laws and Decrees: Validity and Responsibilities of Contract." In The History of the Contractual Thoughts in Ancient China, 105–67. Singapore: Springer Singapore, 2020. http://dx.doi.org/10.1007/978-981-15-5768-2_4.

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Ahmed, Mukarrum. "The validity of choice of court agreements in international commercial contracts under the Hague Choice of Court Convention and the Brussels Ia Regulation." In The Future of the Law of Contract, 217–36. Abingdon, Oxon ; New York, NY : Routledge, 2020. | Series: Markets and the law: Informa Law from Routledge, 2020. http://dx.doi.org/10.4324/9780429056550-11.

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Katis, Andreas, Grigory Fedyukovich, Huajun Guo, Andrew Gacek, John Backes, Arie Gurfinkel, and Michael W. Whalen. "Validity-Guided Synthesis of Reactive Systems from Assume-Guarantee Contracts." In Tools and Algorithms for the Construction and Analysis of Systems, 176–93. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-89963-3_10.

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Chambre, Dany, Bernard Jeune, and Michel Poulain. "Geert Adriaans Boomgaard, the First Supercentenarian in History?" In Demographic Research Monographs, 211–32. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-49970-9_15.

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AbstractThis contribution presents the validation of the age at death of Geert Adriaans BOOMGAARD (GAB), a seaman who reached the age of 110. He was born in Groningen on 21 September 1788 and died in the same city on 3 February 1899. A remarkable number of documents have been found that cover the full span of GAB’s life, and thus make it possible to validate his reported exceptional age. In the first step of the validation, a comparison of the baptism and death records shows that the information provided is consistent, even if the spelling of the surnames of his parents reported in the two records is not identical. The reconstitution of GAB’s family and the dates of birth of his siblings also support the validity of GAB’s reported age at death. The demographic information covers the period between 1818 (the year of his first marriage) and 1837 (the year of birth of his last child). We found few documents that mention him during his early life before his first marriage, including a document from 1791 indicating that his father named his new boat De Jonge Geert as well as a list of conscripts from 1811 where his name appeared. By contrast, we found numerous documents covering the period from 1837 to 1899 that are related to his career as a seaman; the marriages of children; his entry into a nursing home; and various interviews, photos, and articles on his life that appeared in the press. All of these documents support the validity of GAB’s reported year of birth and age at death. Thus, GAB might be considered the first thoroughly validated supercentenarian in the history of humankind.
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Liu, Qiao, and Xiang Ren. "Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption Under Chinese Law." In Ius Comparatum - Global Studies in Comparative Law, 77–98. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-19054-9_3.

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Kleinbaum, David G., Kevin M. Sullivan, and Nancy D. Barker. "Validity." In ActivEpi Companion Textbook, 175–93. New York, NY: Springer New York, 2012. http://dx.doi.org/10.1007/978-1-4614-5428-1_7.

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Levesque, Roger J. R. "Validity." In Encyclopedia of Adolescence, 3037. New York, NY: Springer New York, 2011. http://dx.doi.org/10.1007/978-1-4419-1695-2_622.

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Müller, Tibor, and Harmund Müller. "Validity." In Modelling in Natural Sciences, 249–66. Berlin, Heidelberg: Springer Berlin Heidelberg, 2003. http://dx.doi.org/10.1007/978-3-662-05304-1_10.

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Conference papers on the topic "Validity of the contract"

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Kambovski, Igor. "INDIVIDUALNA KOMUNIKACIJA I AUTOMATIZOVANO PREGOVARANjE KOD ELEKTRONSKIH UGOVORA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.091k.

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Electronic agreement means an agreement concluded at a distance electronically, using electronic means. However, electronic means are used not only to conclude a contract, but also to negotiate and agree on its content and elements or to effect its implementation and execution. Modern societies are based on an economic system that is mainly based on contracts. In the conditions of development of globalization and digital economy, industry and service activities are focused on the achievements and advantages provided by the information society. However, without trust in electronically concluded contracts, new economies will not be able to realize their full potential and will lag behind the opportunities offered by new technologies. Therefore, it remains either to increase confidence in the technical possibilities and validity of the electronic contract or to find a completely new concept for regulating the exchange of goods and services within the new digital era. In any case, it is easier and more acceptable to create technical solutions for the legal validity of E-contracts in order to redefine legal contractual mechanisms that have been operating successfully for decades and centuries.
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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 of the form determined by legal policy goals which justify formalism in contract law, and whose realization is especially contributed by notaries as actors in shaping legal transactions. The notarial form also has a special significance for contracts of inheritance law, where it has been proscribed as obligatory for the most important contracts (inheritance law contracts, contract on lifelong maintenance, contract on assignment and distribution of property during lifetime ). The aim of this research is to determine the significance of the notarial form in contractual inheritance law.
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Anggraeny, Isdian, Nur Hidayah, and Sholahuddin Al-Fatih. "The Validity of Fixed-Term Employment Contract With The Remote Working Concept Based on Indonesian Laws." In Proceedings of the 3rd International Conference on Indonesian Legal Studies, ICILS 2020, July 1st 2020, Semarang, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.1-7-2020.2303633.

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Radulović, Uroš, and Vladimir Erdoglija. "FIZIČKO LICE KAO DAVALAC IZDRŽAVANJA KOD UGOVORA O DOŽIVOTNOM IZDRŽAVANJU." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.1037r.

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A contract on lifelong support is a contract of inheritance law which is very often concluded in our legal practice. In relation to the contract on lifelong support, the number of concluded contracts on the transfer and distribution of property for life can be considered negligible. The contract on lifetime support is a bilateral legal transaction in the conclusion of which there are two consensual declarations of will. Therefore, for its validity, the existence of a unilaterally expressed will is not enough, but the existence of two consensual declarations of will is necessary. Generally speaking, the provider of support is a person who undertakes to provide support, the provider of support means the contracting party that has undertaken to support the recipient of support or a third party for the rest of his life. There is no dispute in theory and practice regarding the notion of breadwinner, and as a rule, natural persons appear as breadwinners in this contract, although there are no obstacles for a legal entity to appear as a breadwinner.
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Widhiantono, M., Achmad Busro, and Ery Priyono. "Juridical Review of Validity of the Gross Split Sharing Contract Agreement in Oil and Gold Business Activities." In 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia. EAI, 2021. http://dx.doi.org/10.4108/eai.17-7-2019.2303329.

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Deynekli, Adnan. "Field of Application of United Nations Convention on Contracts for the International Sale of Goods." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01265.

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United Nations Convention on Contracts for the International Sale of Goods (CISG) entered into force on the 1st August 2011 in Turkey. CISG is accepted with the purpose of development and encouragement of international trade and application of uniform rules for resolution of disputes arising from the contracts for the international sale of goods. CISG applies to contracts of sale of goods between parties whose places of business are in different states when the states are contracting states; or when the rules of private international law lead to the application of the law of a contracting state. Neither the nationality of the parties nor the civil or commercial character of the parties or of the contract is to be taken into consideration in determining the application of CISG. In order to apply CISG, there has to be a contract about international sale of goods and the parties shall be from different contracting states or the rules of private international law shall lead to the application of the law of a contracting state. The parties may totally or partially exclude the application of this CISG. CISG does not apply in terms of third party rights and the validity of the contract or of any of its provisions or of any usage.
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Jin, Qianhui. "Study on the Validity of the Contract of Affordable Housing Purchased by Borrowing Name -- Two Point Exploration from Empirical Evidence." In Proceedings of the 2018 International Symposium on Social Science and Management Innovation (SSMI 2018). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/ssmi-18.2019.68.

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Havens, Timothy C., James C. Bezdek, James M. Keller, and Mihail Popescu. "Dunn’s cluster validity index as a contrast measure of VAT images." In 2008 19th International Conference on Pattern Recognition (ICPR). IEEE, 2008. http://dx.doi.org/10.1109/icpr.2008.4761772.

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Manić, Samir. "KAUZA UGOVORNE OBAVEZE." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujvcu, 2021. http://dx.doi.org/10.46793/uvp21.147m.

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The paper discusses the impact of the reasons for the commitment on the validity of the contract. Due to the fact that most institutes of modern law find their origin in Roman law, the paper begins by presenting the role of the cause of obligation in Roman law. The author then analyzes the causal and anti-causal views of legal theory, all in order to emphasize the fact that the cause of the contractual obligation is theoretically a very controversial institute of the law of obligations. The last part of the paper is dedicated to the cause of contractual obligation in our contract law. Starting from the fact that the Law on Obligations accepts with its provisions the subjective and objective conception of the cause of the contractual obligation, the author points out that the objective conception of the cause of the contractual obligation, accepted through art. 51. ZOO, is a redundant institute that has no greater practical significance and which is successfully replaced by other institutes of law of obligations.
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Wu, J., T. Takeda, Thet Thet Lwin, Q. Huo, N. Sunaguchi, T. Murakami, S. Mouri, et al. "Validity of Fusion Imaging of Hamster Heart obtained by Fluorescent and Phase-Contrast X-Ray CT with Synchrotron Radiation." In SYNCHROTRON RADIATION INSTRUMENTATION: Ninth International Conference on Synchrotron Radiation Instrumentation. AIP, 2007. http://dx.doi.org/10.1063/1.2436457.

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Reports on the topic "Validity of the contract"

1

Bo, Hao, and Sebastian Galiani. Assessing External Validity. Cambridge, MA: National Bureau of Economic Research, November 2019. http://dx.doi.org/10.3386/w26422.

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Andrews, Isaiah, and Emily Oster. Weighting for External Validity. Cambridge, MA: National Bureau of Economic Research, September 2017. http://dx.doi.org/10.3386/w23826.

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Blaylock, B. G., F. O. Hoffman, and R. H. Gardner. (Validity of environmental transfer models). Office of Scientific and Technical Information (OSTI), November 1990. http://dx.doi.org/10.2172/6375614.

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Kitagawa, Toru. A Test for Instrument Validity. IFS, August 2014. http://dx.doi.org/10.1920/wp.cem.2014.3414.

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Pritchett, Lant. The Evidence About What Works in Education: Graphs to Illustrate External Validity and Construct Validity. Research on Improving Systems of Education (RISE), June 2017. http://dx.doi.org/10.35489/bsg-rise-ri_2017/002.

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Rosenzweig, Mark, and Christopher Udry. External Validity in a Stochastic World. Cambridge, MA: National Bureau of Economic Research, July 2016. http://dx.doi.org/10.3386/w22449.

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Foley, Paul P. Validity Generalization of Navy Selector Composites. Fort Belvoir, VA: Defense Technical Information Center, May 1986. http://dx.doi.org/10.21236/ada168363.

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Vickers, Jr, and Ross R. Construct Validity of Physical Fitness Tests. Fort Belvoir, VA: Defense Technical Information Center, February 2011. http://dx.doi.org/10.21236/ada625998.

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Severud, K. J. Project management plan for Contract Management Information System (CONTRACT). Office of Scientific and Technical Information (OSTI), January 1995. http://dx.doi.org/10.2172/10118756.

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Anderson, James, and Leslie Young. Imperfect Contract Enforcement. Cambridge, MA: National Bureau of Economic Research, March 2002. http://dx.doi.org/10.3386/w8847.

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