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Статті в журналах з теми "Unilateral termination of contract":
1
Wulandari, Retno. "Legal Protection of Franchisee in Franchise Contract Which Franchisor Unilaterally Terminates." NORMA 18, no. 1 (March 5, 2021): 1. http://dx.doi.org/10.30742/nlj.v18i1.1288.
Анотація:
The Franchisor and the Franchisee's engagement tends to be based on the value of business profits alone. The document that becomes evidence (franchise agreement) tends to be poorly understood by the Franchisee, which can cause legal problems for him. One of the legal issues that can occur is the unilateral termination of the Franchisor to the Franchisee. Franchise agreements tend to be standardized, which comes from the Franchisor. These conditions make the Franchisee obliged to understand the agreement's contents well so that the franchise agreement is not terminated unilaterally by the Franchisor. This study aims to find out and analyze how legal protection for franchisee is based on franchise agreement. This research method is a normative legal research approach. The result of this study is unilateral termination of the franchise agreement will undoubtedly cause various legal problems for the parties bound in the franchise agreement.Keywords: Termination, Agreement, Franchise.
2
Usman, Nurainy, Merry Tjoanda, and Saartje Sarah Alfons. "Akibat Hukum Dari Pemutusan Kontrak Secara Sepihak." Batulis Civil Law Review 2, no. 1 (May 31, 2021): 93. http://dx.doi.org/10.47268/ballrev.v2i1.561.
Анотація:
This study aims to determine how the arrangements for the unilateral termination of the contract/agreement and what are the legal consequences arising from the unilateral termination of the contract. The research method used is normative juridical. The approach used in this research is the statute approach and the case approach, and the conceptual approach. The conclusion of the research results is that; contract termination arrangements and legal consequences are regulated in Articles 1266, 1267, 1243 and 1365 of the Civil Code. The conditions for an agreement to be canceled unilaterally are that the agreement must be reciprocal, there is default, and the cancellation must be requested from the judge. Unilateral termination of the agreement due to default without going through the court is an act against the law. The legal consequence of the unilateral termination of the agreement due to default is a claim for compensation from the party who feels aggrieved. The Civil Code does not explicitly regulate the differentiation of compensation as a result of default with compensation as a result of an act against the law. Based on the research results, it is found that compensation as a result of default is compensation in the form of material, while compensation for an illegal act is compensation in the form of material and immaterial. It is hoped that in the future there will be clear regulations regarding compensation as a result of default and compensation as a result of acts against the law.
3
Trinh, Hang Thi. "Some Some issues on the employee’s right to unilaterally terminate the employment contract under the 2019 Labor Code." Science & Technology Development Journal - Economics - Law and Management 5, no. 3 (June 29, 2021): first. http://dx.doi.org/10.32508/stdjelm.v5i3.768.
Анотація:
Article 35 of the Vietnamese Constitution 2013 stipulates that "Citizens have the right to work, choose a career and workplace." This is one of the basic rights of citizens and is concretized by an array of different regulations to regulate the labor relations between employees and employers. Of the regulations, provisions on the employee's right to unilaterally terminate the employment contract are emphasized. Within the scope of this article, the author points out a number of issues which are associated with the employee's rights to unilaterally terminate the employment contract stipulated in the Labor Code 2019, specifically the provisions in Section 3, Chapter III. In order to clarify and deepen the issues, the author uses the comparison method between the provisions of the Labor Code 2019 and the provision of the Labor Code 2012, reviewing and analyzing the issues of grounds and procedures for exercising the right to unilaterally terminate the employment contract of the employee; rights and obligations of employees when unilaterally terminating the employment contract legally; rights and obligations of employees when unilaterally terminating the employment contract illegally. In particular, the issues of grounds for the termination of the employment contract, a notice period before the unilateral termination of the employment contract, severance allowances and unemployment benefits are analyzed thoroughly to highlight the positive points as well as the gaps that currently exist and affect employees and employers. Finally, the author gives a number of recommendations to improve the legal regulations, creating balance and stability in labor relations as well as sustainable development for the economy and society.
4
Cahyono, Anton, Ninis Nugraheni, and Mokhamad Khoirul Huda. "THE LIABILITY OF UNILATERAL TERMINATION BY GOVERNMENT ON GOODS AND SERVICE PROCUREMENT CONTRACT." Hang Tuah Law Journal 2, no. 1 (April 1, 2018): 16. http://dx.doi.org/10.30649/htlj.v2i1.38.
Анотація:
<p>The increasing development in Indonesia, particularly the development of public facilities and infrastructures makes many public contracts, commonly called governmental goods and service contract, increase as well. It is a contract which one of the parties involves the government. In Indonesia, goods and service procurement contracts are not always well-conducted as expected. Lawsuits, which one of those is the liability from one party, may reveal in such contracts. Therefore, this study would discuss about an issue of unilateral contract termination on good-and-service procurement contract along with its solution. Referring to legal regulation related to governmental good-and-service procurement contract, President’s Regulation No. 54 Year 2010 on Governmental Goods and service Procurement and had been amended by President’s Regulation No. 4 Year 2015 about the Forth Amandment of President’s Regulation No. 54 Year 2010 about Governmental Goods and service Procurement.</p>
5
Varavenko, Victor Evgenyevich, and Valeriya Andreevna Ostroukhova. "Unilateral termination of construction contract: comparative analysis of civil Legislation and international contract forms." Право и политика, no. 2 (February 2021): 70–82. http://dx.doi.org/10.7256/2454-0706.2021.2.35113.
Анотація:
The subject of this research is the similarities and differences between the contract forms developed by the international nongovernmental organizations for application in the sphere of investment construction activity (contracts terms for engineering, procurement, construction/ for turnkey projects, second edition of 2017, developed by the International Federation of Consulting Engineers (FIDIC), framework “turnkey” contract for large projects, first edition of 2007, developed by the International Chamber of Commerce (ICC)) and the norms of national civil legislation (Parts I and II of the Civil Code of the Russian Federation) that regulate unilateral termination of construction contracts. The novelty of this research lies in conducting a comparative analysis of Russian legislation and contract forms developed by the international nongovernmental organizations. The examination of foreign experience in the sphere of legal regulation of termination of contract are based on analysis of the norms of contract law of the national legal systems of foreign countries. However, according to the foreign authors, contract law within the systems of both, general and continental law, was developing in seclusion, without substantial influence of one national system upon another. International influence upon the national contract law emerged relatively recently in the sphere of foreign economic activity. At the same time, the key factor for mutual enrichment of the national systems of contract law became the use of international contract forms, which contributed to the unification of contractual regulation of the relations of obligation in national jurisdictions. Their influence upon the development of contract law was far more substantial than even the development of international conventions with substantive law regulations.
6
Guriev, Sergei, and Dmitriy Kvasov. "Contracting on Time." American Economic Review 95, no. 5 (November 1, 2005): 1369–85. http://dx.doi.org/10.1257/000282805775014452.
Анотація:
The paper shows how time considerations, especially those concerning contract duration, affect incomplete contract theory. Time is not only a dimension along which the relationship unfolds, but also a continuous verifiable variable that can be included in contracts. We consider a bilateral trade setting where contracting, investment, trade, and renegotiation take place in continuous time. We show that efficient investment can be induced either through a sequence of constantly renegotiated fixed-term contracts; or through a renegotiation-proof “evergreen” contract—a perpetual contract that allows unilateral termination with advance notice. We provide a detailed analysis of properties of optimal contracts.
7
Azizah, Siti, Husni Mubarrak, and Muslem Muslem. "UMROH AS THE REASON FOR UNILATERAL TERMINATION OF EMPLOYMENT BY PT. DARUSSALAM BERLIAN MOTOR FROM THE PERSPECTIVE OF IJĀRAH BI AL-‘AMAL (Verdict Case Study No. 1/Pdt.Sus-PHI/2019/PN Bna)." Dusturiyah: Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial 11, no. 1 (July 2, 2021): 59. http://dx.doi.org/10.22373/dusturiyah.v11i1.8430.
Анотація:
PT. Darussalam Berlian Motor has terminated one of its employees on the grounds of performing the umroh. However the company/defendant argued that the employee/litigant had left their job without even notifying the defendant in advance. The defendat also explained that during their tenure, the litigant often made serious mistakes. On contrary, due to the serious mistakes that had been committed before, the defendant did not terminate the employment contract and the action was only taken when the litigant performed umroh in the holy land. The question in this research is how the judge considers the unilateral termination of employment experienced by the employee and what are the factors that cause the judge to grant the litigant’s claim. And how is the perspective of Ijārah bi al-‘Amal contract against the judge’s decision regardimg the grant of the litigant’s claim. In this research the authors used normative legal research method that analyzed the judge’s decree No. 1/Pdt.Sus-PHI/2019/PN Bna with qualitative approach. The judge in his decree considered thet the termination of employment on the grounds that the litigant had committed serious problems could not be considered because it was not in accordance with the applicable law. As for the factors that caused the judge to grant the litigant’s claim, due to the absence of evidence of a second PKWT contract between the litigant and the defendant, that’s why the previously PKWT contract changed to PKWTT contract. In Islamic law, when ones terminating a work relationship a company can perform fasakh through urbun which has similarities with the obligation to pay severance pay. From the explanation above, it can be concluded that unilateral termination of employment cannot be justified and does not have a string legal force.
8
Soloveičik, Deividas. "The Implementation of the Discretion of the Contracting Authority while Terminating a Public Contract for a Material Breach." Teisė 116 (October 6, 2020): 51–71. http://dx.doi.org/10.15388/teise.2020.116.4.
Анотація:
This publication is a scholarly research on two separate yet interconnected legal categories: the discretion of the contracting authorities in public procurement and their right to use a unilateral termination of the public contract for the material breach as a remedy. The author hereby contends that there is a two-phase test which must be used in each case when the question of discretion arises. Moreover, the author believes that the latter cognitive tool must be implemented during the both at the time of the procurement procedures and amid the execution of the public contract. The author also argues that the provisions of the Civil Code must not be solely referred to in cases of termination of a public contract and that the procurement principles must always be deployed alongside to make a rational decision regarding the exit of the public contract.
9
Позднышева, Елена, and Elena Pozdnysheva. "Implementation of the Provisions on Termination and Modification of the Contract in the New Edition of the Civil Code of the Russian Federation." Journal of Russian Law 4, no. 12 (December 5, 2016): 0. http://dx.doi.org/10.12737/22720.
Анотація:
The article is devoted to the analysis of practical application of provisions of Chapter 29 of the Civil Code of the Russian Federation which regulating the issues of modification and termination of the contract by courts. The relevance of such analysis was caused by the introduction of the new edition of Chapter 29 of the Civil Code as well as the practice of its application by courts resulting to increasing of the number of lawsuits concerning disputes on modification and termination of the contract caused by the economic crisis of the past two years. In addition, the number of lawsuits on refusal of one of the contractors from the contract in cases stipulated by the contract considering by arbitration courts was also increased. On the basis of the analysis of judicial practice the author has made a conclusion that if parties to a contract want to provide in the contract the possibility of cancellation of the agreement for any reason other than provided in the Civil Code, other laws or other legal acts, such grounds have to be expressly listed in the agreement, or the contract has to contain wording about the possibility of termination of the contract on any other grounds. The author has noted the necessity of unification of the approaches to the qualification of the sum which has to be paid in a case of the early termination of the contract as it provided by the clause 3, article 310 of the Civil Code for the unilateral refusal of execution of obligations regardless of how the specified amount named in the contract.
10
Kiselova, O. I., and Y. V. Nomirovskaya. "Peculiarities of termination of the employment agreement at the initiative of the owner or the authorized authority." Legal horizons, no. 22 (2020): 58–64. http://dx.doi.org/10.21272/legalhorizons.2020.i22.p58.
Анотація:
The article is devoted to clarifying the peculiarities of the procedure for termination of the employment contract at the initiative of the owner or his authorized body. The article analyzes the concepts of «termination of employment contract», «annulation of employment contract» and «dismissal». It was found that the annulation of the employment contract is the termination of employment by unilateral expression of the will of the party to the contract or a third party. It is determined that the employer, unlike the employee, may terminate the employment contract only in cases specified by law and in the manner prescribed by law. The grounds for annulation of the employment contract at the initiative of the employer can be divided into three groups: 1) related to production needs; 2) related to the identity of the employee in the absence of his fault; 3) related to the guilty actions of the employee. Termination of the employment contract at the initiative of the employer in connection with the guilty actions of the employee (committing a disciplinary offense) is through the application of disciplinary action in the form of dismissal. At the same time, both the general requirements for termination of the employment contract at the initiative of the owner or his authorized body (for example, prohibition of dismissal during temporary incapacity for work or during vacation) and the procedure for imposing disciplinary sanctions set by the Labor Code of Ukraine must be met. It was found that in each case the employer is obliged to prove the existence of appropriate grounds with appropriate evidence (these may be memos, decisions of the attestation commission, acts and materials of inspections, orders to impose disciplinary sanctions on the employee during the year, witness statements, etc.). It is determined that there is a need to legislate the list of entities that can be dismissed on additional grounds, as well as to clarify the concept of one-time gross violation of labor duties.
Дисертації з теми "Unilateral termination of contract":
1
El, Zanati Khaled. "Le pouvoir de l'administration dans la modification et la résiliation unilatérales des contrats administratifs : études comparatives des droits français, égyptien et libyen." Thesis, Paris 1, 2017. http://www.theses.fr/2017PA01D059.
Анотація:
Le droit privé érige le contrat en loi des parties. Cette règle connaît des exceptions en droit administratif: branche du droit dans laquelle la puissance publique dispose d’un pouvoir de modification et de résiliation unilatérales. Cependant, si l’administration dispose de pouvoirs étendues dans l’exercice de son pouvoirs de modification et de résiliation unilatérales des contrats administratifs pour des motifs tenant à l’intérêt général, aucune définition minutieuse de la notion d’intérêt général n’a encore été consacrée. Cette imprécision conduit, dans certains cas, à l’exercice quasi arbitraire par l’administration de ses pouvoirs et au déséquilibre du contrat. Cette situation a entraîné divers préjudices pour les bénéficiaires de projet en raison de la suspension de la mise en œuvre de plusieurs contrats importants pour une longue période et, en conséquence, a accru le nombre des litigesThe rule in private law is that the contract is considered to be the absolute law between the contracting parties, and therefore it cannot be modified or terminated without their consent. That is not the case in the field of administrative law as long as this law permits the administration to use its authority in unilateral amendment and termination of the contract. The problem can be stated here that the administration white practicing its authority in unilateral , modification or termination the contract might abuse its right of such practice under the justification of undefined concept of public interest. The ambiguous and loos of the concept of public interest led to the illegitimate and misuse of the administration of its authority in unilateral amendment and termination of administrative contract which results in disturbance of the balance between the interests of the administration on one hand and the other contracting party on the other
2
Costa, André Brandão Nery. "Os contratos que viabilizam o processo de distribuição e os efeitos de sua denúncia unilateral." Universidade do Estado do Rio de Janeiro, 2014. http://www.bdtd.uerj.br/tde_busca/arquivo.php?codArquivo=7679.
Анотація:
Trata-se de dissertação elaborada com o escopo de identificar os efeitos da denúncia unilateral exercida no âmbito dos tipos contratuais instrumentalizados ao processo de distribuição de bens e serviços, a partir do exame das diferenças tipológicas entre cada um deles. Aludidos tipos contratuais correspondem ao de agência, de representação comercial autônoma, de concessão comercial e de franquia, cujos contornos ainda são frutos de intenso debate doutrinário. No ordenamento pátrio, enquanto alguns tipos contratuais não sofreram regulamentação legal, outros tais como o de agência, de representação comercial autônoma, de concessão comercial de veículos autores e de franquia são regulados legislativamente, em fenômeno a que não se assiste em nenhum outro ordenamento da família romano-germânica. A construção da disciplina de tais consequências jurídicas transpassa pela delimitação do âmbito de incidência de cada um desses regimes legais, os quais podem atribuir consequências jurídicas próprias. Os tipos de agência e de representação comercial são equivalentes, o que permite tratá-lo de maneira conjunta, enquanto aqueles de concessão comercial e de franquia, a despeito de apresentarem diferenças relevantes, também podem ser examinados em conjunto pela similar estruturação dos interesses, a despeito de apresentarem peculiares leis regulando-os. Após realizado o exame legislativo e tipológico, examinou-se o impacto do princípio da boa-fé objetiva na determinação dos efeitos desencadeados pela resilição unilateral exercida pelo produtor nos contratos por tempo indeterminado, assim como a influência da previsão do parágrafo único do art. 473 do Código Civil na delimitação desses corolários jurídicos no que tange aos tipos contratuais analisados. Realizado essa investigação, constatou-se que, conquanto existam inúmeros fatores que distanciem, de um lado, os tipos de agência e de representação comercial autônoma e, de outro, de concessão comercial e de franquia, os efeitos desencadeados pela denúncia unilateral são semelhantes, próximos àqueles das relações de duração e nas quais existe estreita confiança.This dissertation aims to identify the effects of unilateral termination of contractual types exploited under the economic process of distribution of goods and services, from the examination of typological differences between each of these contracts. Alluded contractual types correspond to the agência, representação comercial autônoma, concessão comercial and franquia, which contours are still fruit of intense doctrinal debate. In the Brazilian legal system, while some contractual types suffered no legal regulation, others such as agência, representação comercial autônoma, concessão comercial de veículos automotores and franquia are regulated legislatively, in a phenomenon that it is not witnessed in any other roman-germanic legal system. The construction of the discipline of such legal consequences pierces the scoping incidence of each of these statutory schemes, which may assign legal consequences of their own. It was found that the types of agência and concessão comercial are equivalent, allowing to treat them jointly, while those of concessão comercial and franquia, despite presenting relevant differences, can also be examined jointly as they present a similar structure of interests, despite presenting peculiar laws regulating them. After the legislation and typological examination, it was examined the impact of the principle of good faith in determining the effects triggered by the notice to quit of the producer in contracts for an indefinite period, as well as the determining influence of the sole paragraph of article 473 of the Brazilian Civil Code in the legal definition of these corollaries with respect to the contractual types analyzed. It was found that while there are numerous factors that distance themselves the effects triggered by unilateral withdrawal are similar and close to those of the contracts relational contracts.
3
Frasson, Vanessa. "Les clauses de fin de contrat." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30062/document.
Анотація:
Les clauses de fin de contrat illustrent l’importance de la liberté contractuelle. La pratique s’est emparée de cette période de l’« après-Contrat » sous le contrôle de la jurisprudence, dans le relatif désintérêt du législateur.Les fins du contrat sont diverses. La fin peut être retardée par le biais de la prorogation du contrat. La fin peut être prématurée : elle peut être une fin brutale et définitive par le biais de la clause résolutoire, la continuité de ce qui était par l’arrivée du terme extinctif, ou encore la venue de quelque chose de nouveau par le biais d’une clause de caducité. La fin peut n’être qu’un passage vers un autre contrat par le biais de la reconduction. Il en ressort un flou théorique nécessitant une construction juridique. Il peut être proposé de scinder le temps de l’après-Contrat en trois temps. Le premier temps, les parties satisfaites de leur relation vont chercher à la faire perdurer. Les clauses de fin de contrat ont alors pour finalité la préservation de la pérennité du lien contractuel entre les parties. La deuxième période porte sur les modes d’extinction du contrat. La sortie de la relation contractuelle est devenue un enjeu important nécessitant le recours à différents mécanismes juridiques tels que la clause de dédit, la condition résolutoire ou encore la clause résolutoire.La troisième période peut être désignée comme la période de liquidation du passé contractuel comprenant deux séries de clauses : celles liquidant le passé contractuel (notamment la clause de non-Concurrence et la clause de confidentialité) et celle s’intéressant à l’avenir post-Contractuel. La fin du contrat doit être distinguée de la clôture de la relation contractuelle désignant la cessation de toutes les obligations post-Contractuelles et de leurs conséquences. Ainsi loin d’être secondaires, ces clauses de fin de contrat composant la période de l’après-Contrat sont fondamentales pour toute relation d’affaires continueEnd-Of-Contract clauses illustrate the significance of contractual freedom. Practice took hold of this “post-Contractual” period under the control of established precedents, in the relative disinterest of lawmakers.The types of contractual ends are diverse. The end may be delayed by means of prolongation of the contract. The end may come prematurely: it may come suddenly and definitively by means of a termination clause, the continuity of that which was by the arrival of the extinctive term, or the arrival of something new by means of a sunset clause. The end may only be a passage to another contract by means of renewal. This results in a lack of theoretical clarity that requires a legal structure. It may be proposed to divide the post-Contractual period into three parts. In the first part, parties satisfied with their relationship will seek to have it continue. The end-Of-Contract clauses thus serve the purpose of preserving the durability of the contractual bond between the parties. The second part involves the manner of termination the contract. Closing the contractual relationship has become an important matter that requires resorting to different legal mechanisms such as the forfeiture clause, the termination condition or the termination clause.The third part may be referred to as the period of liquidation of the contractual past including two series of clauses: those liquidating the contractual past (notably the clause of non-Competition and the clause of confidentiality) and those concerning the post-Contractual future. The end of the contract must be distinguished from the close of the contractual relationship designating the cessation of all post-Contractual obligations and their consequences. Thus, far from being secondary, these end-Of-Contract clauses affecting the post-Contractual period are fundamental for any ongoing business relationship
4
Morales, Huertas Sandra Margarita. "La rupture unilatérale du contrat pour inexécution en droit colombien." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020085.
Анотація:
En droit colombien, face à une inexécution contractuelle, règne la règle, issue du droit français, de la résolution judiciaire. Ses conditions d’exercice ont été précisées par la doctrine et la jurisprudence, non sans de nombreuses ambiguïtés qui résultent de la difficulté de comprendre et de mettre en pratique ce procédé. Face à cette vision traditionnelle, l’unilatéralisme a fait irruption dans le monde contractuel contemporain et, plus concrètement, la possibilité de mettre fin à un contrat de manière unilatérale en cas d’inexécution. Cette tendance, qui trouve ses origines dans le droit anglo-saxon avant d’avoir pénétré le droit des pays de tradition romano-germanique, prétend revitaliser cette phase critique du contrat en évitant le recours au juge, au moins dans un premier moment, permettant que le créancier remédie à l’inexécution en mettant rapidement fin au contrat afin de rechercher sur le marché des solutions efficaces. Cette règle pourrait-elle être retenue en droit colombien ? En dépit de l’apparent monopole qu’y détient la résolution judiciaire, tant le Code civil que le Code de commerce colombiens, prévoient des hypothèses qui reconnaissent cette possibilité. Par ailleurs, plus récemment, a été acceptée la possibilité de convenir de clauses résolutoires. Ainsi, nous considérons qu’il est possible d’accepter la généralisation d’une règle de rupture unilatérale pour inexécution. À cet égard, l’étude du droit comparé s’agissant de l’inexécution ouvrant la voie à une rupture du contrat, d’une part, et de la manière dont elle s’exerce une rupture en cas d’inexécution, d’autre part, est d’un grand intérêt. Une telle analyse nourrit une proposition qui non seulement fournit des éléments en vue de l’admission de la rupture unilatérale du contrat pour inexécution en droit colombien, mais aussi cherche à éclairer la lecture qui a, jusqu’à présent, prévalu en matière d’inexécution résolutoireUnder the Colombian law, the general rule in case of breach of contract is that of termination as a consequence of a court order. Its conditions of exercise have been the object of development by the doctrine and case law, not without several issues that make difficult to understand and put into practice such category. In contrast with this traditional vision, unilateralism breaks in the contemporary contractual world and more specifically, the possibility of termination of contract in such a unilateral way in case of a breach. This trend has its roots in Common law and has been permeating the countries of Roman-Germanic law tradition; and it aims to grant vitality to that critical contractual phase, thus avoiding the intervention of the judge, at least as a first measure, allowing the creditor to remedy the consequences of the breach of contract by an early termination in order to seek effective solutions in the marketplace. Could this rule have a place in Colombian law? Despite the seemingly apparent monopoly of judicial termination of contract, both the civil code and the code of commerce acknowledge this as a possibility. Similarly, more recently the possibility of including termination clauses has been accepted. However, we hold that it is possible to accept a generalization of the rule of unilateral termination of contract in case of breach. A study of comparative law regarding the breach that results in contract termination and the analysis on the way this prerogative should be exercised are of great importance; it does not only enriches a proposal providing the parameters for the unilateral termination of a contract when a breach arises in Colombian Law, but also clarifies the understanding that until now exists in the matter of termination for non-performance
5
Zanetti, Andrea Cristina. "Denúncia nos contratos privados de assistência à saúde." Pontifícia Universidade Católica de São Paulo, 2018. https://tede2.pucsp.br/handle/handle/20843.
Анотація:
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The purposes of this work is understanding the role of termination without cause in long-term contracts and contracts for an indefinite term, as well as their current limits, which are established in particular by the principle of good faith. To such end, in order to direct and deepen the topic, our approach focuses specifically on private healthcare contracts, a contract subject to term that exemplifies the complexity of current contractual relations and demonstrates the process of fragmentation of private law in different microsystems, which also impacts on unilateral notice as a form of termination of the contractual relationship and a kind of unilateral termination for convenience. Generally, in the perspective of unilateral termination without cause, the operability of good faith allows its control to occur in two distinct moments: upon controlling the contractual content (providing guidelines for or restricting unilateral termination) and upon controlling actual exercise of the right (by means of the observance of certain obligations, respect to codes of conduct and repression of the undue, disproportionate and illegitimate use of this form of extinction of the contract). These controls and their consequences are what may result in the invalidity of the contractual provision, the right to indemnification and even in maintaining or extending the effectiveness of the contract. This demonstrates the current dimension attributed to good faith in the control of unilateral termination, which is gradually intensified depending on the contractual microsystem involved and whether it is a business or existential (essential) contract. In view of this new perspective, the issue of unilateral termination in contracts governed by the microlegal framework of Law 9,656/1998 (Health Plans Act) is presented from the perspective of the speciality and essentiality of its contractual object, which influence the operability of good faith and requires acknowledgment of the microsystem in which it is inserted, and which also needs to relate to the other subsystems that form Private Law, in a coherent and systematic interpretation in the search for possible solutions to the issue, mainly due to the fact that the aforementioned law does not clearly deal with this form of termination regarding the different parties involved in private healthcare contracts
Este trabalho tem por finalidade compreender o papel da denúncia desmotivada nos contratos por tempo indeterminado e de longa duração, bem como seus atuais limites, dados especialmente pela boa-fé objetiva. Para tanto, aborda especificamente os contratos privados de assistência à saúde, por se tratar de um contrato de duração que exemplifica a complexidade das relações contratuais atuais e que demonstra o processo de fragmentação do direito privado em diferentes microssistemas, o que também impacta na denúncia como forma de cessação da relação contratual e espécie de resilição unilateral. De maneira geral, a operabilidade da boa-fé, na perspectiva da denúncia desmotivada, permite que seu controle ocorra em dois momentos distintos: controle do conteúdo contratual (com o direcionamento ou restrição da cláusula de denúncia); e controle de exercício (que ocorre mediante a observância de determinadas obrigações, respeito a deveres de conduta e combate ao uso desvirtuado, desproporcional e ilegítimo dessa forma de extinção do contrato). São esses controles e suas consequências que podem resultar na invalidade da disposição contratual, no direito à indenização e até mesmo na manutenção ou extensão da eficácia do contrato, demonstrando as dimensões atuais que a boa-fé alcança no controle da denúncia e que se intensificam gradualmente, conforme o microssistema contratual e segundo se trate de um contrato empresarial ou existencial (essencial). Diante dessa nova perspectiva, a questão da denúncia nos contratos regidos pelo micro-ordenamento da Lei no 9.656/1998 (Lei dos Planos de Saúde) é apresentada por meio da especialidade e essencialidade de seu objeto contratual, o que influencia na operabilidade da boa-fé e demanda o reconhecimento do microssistema em que está inserido, o qual também necessita se relacionar com outros subsistemas que compõem o Direito Privado, em uma interpretação coerente e sistemática na busca de possíveis soluções para a temática, sobretudo pelo fato de a referida lei não tratar com clareza dessa forma extintiva para as diferentes partes que compõem os contratos privados de assistência à saúde
6
Hayes, Edward Jnr. "A bank’s right to terminate its relationship with its customers in light of reputational risk." Diss., University of Pretoria, 2020. http://hdl.handle.net/2263/78528.
Анотація:
This dissertation examines a bank’s right to unilaterally terminate its contractual relationship with a customer on the basis of reputational risk. The law of contract allows a bank to terminate the bank-customer agreement when the customer is in serious breach of the contract. Over the years, however, a pattern has started to develop by which a bank can unilaterally terminate the bank-customer relationship of high-risk customers based on reputational risk. Banks are reluctant to facilitate the transactions of individuals surrounded by negative publicity, due to fears of how the bank’s investors, customers or counterparts might perceive the bank.
Compliance with anti-money laundering (AML) and counter financing of terrorism (CFT) requirements, as set out by both domestic and foreign legislation, results in higher costs for the bank. As such, the profitability of a particular bank-customer relationship may ultimately decline to such an extent that the bank rather decides to make an appropriate business decision by terminating the relationship.
Correspondent banking relationships are agreements in terms of which one bank will provide services for another in jurisdictions where the first bank lacks a physical presence. As such, whenever there is a perception that a local bank does not comply with the relevant AML/CFT laws as set out by its domestic legislation, the correspondent bank might decide to terminate its relationship with the local bank, leaving the latter financially excluded from the correspondent banking market. Such a situation would hinder the growth of the South African economy and may also cause a systemic event in the financial industry.
Adequate customer due diligence (CDD) measures assist a bank in formulating a clear understanding of the business of its customers. The information obtained through CDD may also assist the bank in determining the reputation of a particular customer. This information can also assist law enforcement in combatting financial crimes. In this regard, it is recommended that a bank should be able to trace the information that was shared with Financial Intelligence Units (FIUs) and law enforcement agencies, so that the bank may reasonably determine the level of reputational risk involved in the relationship.Mini Dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Unrestricted
7
Jankauskienė, Daiva. "Atlygintinų paslaugų sutarties ypatumai." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2013. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2013~D_20130626_092049-07360.
Анотація:
Magistro baigiamajame darbe analizuojama atlygintinų paslaugų teikimo sutartis, jos nuostatas reglamentuojantys Lietuvos Respublikos bei kiti Europos Sąjungos teisės aktai, mokslinė literatūra bei Lietuvos Aukščiausiojo Teismo praktika nagrinėjama tema. Vykdant darbo pradžioje iškeltus uždavinius, pateikiama atlygintinų paslaugų teikimo sutarties samprata ir specifika, apžvelgiama jos sudarymo, vykdymo bei sutarties sąlygų ir šalių keitimo tvarka, analizuojamos šios sutarties šalių teisių ir pareigų, atsakomybės ribos. Darbo pabaigoje pateikiamos išvados, išdėstomi argumentai iškeltai hipotezei pagrįsti. Darbo apimtis - 73 puslapiai.This master's work analyzes contract of repayable services, the legislation of the Republic of Lithuania and European Union, scientific literature and practice of Lithuanian Supreme Court which is related on this topic. In order to implement the tasks, which were set in the beginning of master’s work, author presents the concept and main peculiarities of the contracts of repayable services, contracts compiling, implementation, and possibilities to change the conditions or countries of repayable services contract’s. Also this work presents analyzes of parties rights and obligations, liability limits of this agreement. In the end of this master’s work author presents the conclusions and arguments to approve the raised hypothesis. This master’s work contents 73 pages.
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Kalligeros, Konstantinos C. 1976. "Evaluation of construction contract termination as a control technique." Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/84806.
Анотація:
Thesis (S.M.)--Massachusetts Institute of Technology, Dept. of Civil and Environmental Engineering, 2002.Includes bibliographical references (leaves 95-97).
by Konstantinos C. Kalligeros.
S.M.
9
Sipuka, Sibongile, and Supervisor details. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/4811.
Анотація:
Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee. The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses 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. There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances.
10
Sipuka, Sibongile. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021152.
Анотація:
Section 23 of the Constitution provides that everyone has a right to fair labour practice. The constitutional right to fair labour practices includes the right not to be unfairly dismissed and is given effect to by section 185 of the LRA. The constitutional right not to be unfairly dismissed is given effect to by Chapter VIII of the Labour Relations Act 66 of 1995 (the LRA), which provides a remedy for an unfair dismissal. Schedule 8 of the LRA contains a “Code of Good Practice: Dismissal”, which the Commission for Conciliation, Mediation and Arbitration (the CCMA) and the Labour Courts must take into account when determining the fairness of a dismissal. The LRA expressly recognises three grounds for termination of the employment contract namely; misconduct on the part of the employee, incapacity due to an employee’s poor work performance, ill health or injury and termination due an employer’s operational requirements. In terms of the LRA, a dismissal must be procedurally and substantively fair. The requirements for procedural and substantive fairness are contained in Schedule 8 of the Code of Good Practice: Dismissal. The provisions of section 185 of the LRA apply to all employers and employees in both the public and the private sectors, with the exception of members of the National Defence Force, the National Intelligence Agency, the South African Secret Service and the South African National Academy of Intelligence. Section 213 of the LRA defines an “employee” as any person, excluding an independent contractor, who works for another person or for the State and who receives, or is entitled to receive, any remuneration and any person who in any manner assists in carrying out or conducting the business of an employer. Section 200A of the LRA sets out the presumption as to who is an employee. This is a guideline to assist in determining who is an employee The Basic Conditions of Employment Act 75 of 1997 (the BCEA) sets minimum terms and conditions of employment including the notice of termination of employment. Under the common law an employment contract of employment can be terminated on either the expiration of the agreed period of employment or on completion of the specified task in cases of fixed-term contracts. Also, in terms of general contract principles an employment contract may be terminated by notice duly given by either party or by summary termination in the event of a material breach on the part of either party. The death of either party may terminate the employment contract. However, the death of an employer will not necessarily lead to the contract’s termination. An employment contract may also terminate by operation of law or effluxion of time namely retirement and coming into being of fixed-term contracts, by mutual agreement, employee resigning, due to insolvency of the employer and due to supervening impossibility of performance. In the circumstances indicated above, the termination of the contract of employment does not constitute dismissal. This means that the CCMA and the Labour Court do not have jurisdiction to determine should the employee allege that his or her dismissal was unfair. It has been argued that the instances where a termination of a contract of employment is terminated, but there is no dismissal should be scrutinised to avoid a situation where employees are deprived of protection afforded by the fundamental right not to be unfairly dismissed. There have been some instances where employment contracts contain clauses that provide for automatic termination of employment contracts. It has been held by the courts in various decisions that such clauses 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 There are various court decisions providing guidelines of circumstances in which termination of employment may be regarded as not constituting dismissal. The main focus of the treatise is to discuss these instances and critically analyse the approach taken by forums like the CCMA, bargaining councils and the Labour Court in dealing with such instances
Книги з теми "Unilateral termination of contract":
1
Willem Maurits Visser 't Hooft. Japanese contract law and anti-trust law and the unilateral termination of distribution agreements. Leiden: Universiteit Leiden, 2000.
2
Pettit, Walter F. Government contract default termination. Washington, D.C. (1120 20th St., N.W., Washington 20036): Federal Publications, 1991.
3
Pettit, Walter F. Government contract default termination. Washington, D.C. (1120 20th St., N.W., Washington 20036): Federal Publications, 1993.
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Pettit, Walter F. Government contract default termination. Washington, D.C. (1120 20th St., N.W., Washington 20036): Federal Publications, 1995.
5
Leader, Laurie E. Drafting employment and termination agreements. New York, NY: M. Bender, 1993.
6
Sosa, Hassel Aguilar. Contrato de trabajo deportivo y el derecho de opción unilateral del club. Asunción, Paraguay: AR Impresiones, 2011.
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Services, Industrial Relations. Termination of contract in Europe: Dismissal and redundancy in 15 European countries. London: Eclipse Publishing, 1989.
8
Marucci, Barbara. Risoluzione per inadempimento dei contratti non corrispettivi. Napoli: Edizioni scientifiche italiane, 2000.
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Brès, Aurélie. La résolution du contrat par dénonciation unilatérale. Paris: Litec, 2009.
10
Peng, Xiaokun. Lao dong he tong dan fang jie chu zhi du yan jiu: Study and use on the unilateral cancellation system of labor contract. 8th ed. Beijing Shi: Fa lü chu ban she, 2009.
Частини книг з теми "Unilateral termination of contract":
1
Hughes, Kelvin. "Termination." In Understanding the NEC4 ECC Contract, 235–39. New York, NY : Routledge, 2018. | Series: Understanding construction | “Routledge is an imprint of the Taylor & Francis Group, an Informa business.”: Routledge, 2018. http://dx.doi.org/10.1201/9781351014359-10.
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Chern, Cyril. "Termination of contract." In The Law of Construction Disputes, 187–202. 3rd edition | Abingdon, Oxon ; New York, NY : Informa Law from Routledge, 2020 |: Informa Law from Routledge, 2019. http://dx.doi.org/10.4324/9780429027246-8.
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Hughes, Kelvin. "Termination." In Understanding the NEC4 Professional Service Contract, 147–50. Abingdon, Oxon; New York: Routledge, 2021. | Series: Understanding construction: Routledge, 2020. http://dx.doi.org/10.1201/9781003020059-10.
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Hughes, Kelvin. "Termination." In Understanding the NEC4 Professional Service Contract, 147–50. Abingdon, Oxon; New York: Routledge, 2021. | Series: Understanding construction: Routledge, 2020. http://dx.doi.org/10.4324/9781003020059-10.
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Atkinson, Andy. "Termination and insolvency." In JCT Contract Administration Pocket Book, 109–24. Second edition. | Abingdon, Oxon ; New York, NY : Routledge, 2021.: Routledge, 2020. http://dx.doi.org/10.1201/9781003120797-8.
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Andrews, Neil. "Frustration and Termination by Notice." In Arbitration and Contract Law, 273–78. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-27144-6_16.
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Terrell, Dorothy E., and Nicholas J. Surace. "Termination of Construction Contracts." In Construction Contract Claims, Changes, and Dispute Resolution, 387–98. Reston, VA: American Society of Civil Engineers, 2016. http://dx.doi.org/10.1061/9780784414293.ch14.
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Charles, Barrow, and Lyon Ann. "Termination of the contract of employment." In Modern Employment Law, 69–88. Abingdon, Oxon; New York, NY : Routledge, 2018.: Routledge, 2018. http://dx.doi.org/10.4324/9781315713861-4.
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Jefferson, Michael. "8. Variation, breach, and termination of employment." In Employment Law Concentrate, 121–32. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198871323.003.0008.
Анотація:
Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses variations of terms and conditions of employment. Theoretically, neither employer nor employee can unilaterally alter the terms and conditions of employment. A unilateral variation that is not accepted will constitute a breach and, if serious, could amount to a repudiation of the contract. A repudiation does not automatically terminate a contract of employment. In order to justify summary dismissal, the employee must be in breach of an important express or implied term of the contract.
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"Dutch Law and the Unilateral Termination of Distribution Agreements." In Japanese Contract and Anti-Trust Law, 143–88. Routledge, 2003. http://dx.doi.org/10.4324/9780203398388-11.
Тези доповідей конференцій з теми "Unilateral termination of contract":
1
Nguyễn, Phúc C., Thomas Gilray, Sam Tobin-Hochstadt, and David Van Horn. "Size-change termination as a contract: dynamically and statically enforcing termination for higher-order programs." In the 40th ACM SIGPLAN Conference. New York, New York, USA: ACM Press, 2019. http://dx.doi.org/10.1145/3314221.3314643.
2
Stoller, Paul J., and William Crellin. "New Contract Provisions to Assure Timely Maintenance of Publicly Owned WTE Facilities." In 19th Annual North American Waste-to-Energy Conference. ASMEDC, 2011. http://dx.doi.org/10.1115/nawtec19-5424.
Анотація:
When the initial generation of U.S. municipal waste combustor (WTE) facilities was developed during the 1980s and early 1990s, the only tools that were included in the service agreement to deal with a contract operator that was not meeting the contract terms was either dispute resolution or default and termination. After 20 years of administering these service agreements, those two provisions have proved inadequate for publicly owned WTE facilities particularly as it relates to ongoing maintenance. Additional provisions have recently been developed and incorporated into the next generation of service agreements to address this need. Contract operators of publicly owned WTE facilities typically focus their attention on facility performance and less on long-term facility asset preservation, especially for the portions of the facility that are not critical to production. If a contract operator is meeting all of its performance guarantees, but is falling behind on the general upkeep of facility buildings and/or infrastructure, owners will likely not invest the time and money in dispute resolution to try to get those items repaired. Additionally, neglect of those items does not rise to the level that the operator can be defaulted and terminated. As a result, conditions generally deteriorate to the point where the relations between the owner and contract operator are adversely affected. If the deferral of maintenance continues until the end of the service agreement term, the public owner will be faced with added capital costs and/or increased operating costs under a new service agreement for items that he already paid the previous operator for. This paper describes the new contractual provisions that have been developed in the latest generation of service agreements aimed at helping public owners of WTE facilities resolve these types of problems at minimal cost. Instead of only having the “nuclear weapons” (e.g., formal—and expensive—dispute resolution or default and termination), a series of mechanisms have been developed that provide owners with some “small arms weapons” to assure that the timely and proper maintenance is performed on all aspects of the WTE facility, thereby assuring its long-term preservation. This paper also sets forth case studies of three WTE facilities in the Tampa Bay, Florida area where these latest contractual provisions are being implemented and the results to date.
3
Burks, William Garret, Paola Jaramillo, and Alexander Leonessa. "Development of Electromagnetic Stimulation System to Aid Patients Suffering From Vocal Fold Paralysis." In ASME 2013 Summer Bioengineering Conference. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/sbc2013-14562.
Анотація:
Vocal fold paralysis affects approximately 7.5 million Americans. Paralysis can be caused by numerous conditions, including head, neck or surgical trauma, endotracheal intubation, neurological conditions, cancer, tumors, just to mention a few. Currently, vocal fold paralysis treatment involves surgery and voice therapy. The vocal folds are composed of a three part material stretched along the larynx, which enables frequency change. Intrinsic laryngeal muscles coordinate the motion of vocal folds during respiration, vocalization, and aid in airway protection. Sensory information is carried by the Superior Laryngeal Nerve (SLN) and the Recurrent Laryngeal Nerve (RLN). Injury to the RLN results in paralysis of all laryngeal muscles excluding the cricothyroid muscle [1]. Although optimal larynx reinnervation has been extensively researched and implemented to improve voice paralysis [2], voice electrotherapy offers an alternative to effectively stimulate the larynx muscles for voice production, breathing and airway protection. One of the main causes of voice disorders is neurological in nature and causes abnormal vocal fold vibration. Of particular importance to this research is paralysis due to RLN injury, which causes acute temporary paralysis [3]. Currently, invasive electrical stimulus is used to activate muscle function; however, abnormal activation of muscle patterns causes muscles to function out of synchronization resulting in low vocal output [4]. For this reason, our work focuses on the development of an effective electromagnetic stimulation system to aid patients with unilateral vocal fold paralysis by stimulating the RLN and in turn reinnervating the adequate laryngeal muscles involved in the vocal fold motion for the purposes of sound vocalization, respiration, and airway protection. So far, a proof of principle has been developed and evaluated to assess the system’s feasibility. The preliminary experiments have been conducted using BioMetal Fibers (BMF) (Toki Corporation, Japan), which are fiber-like solid state actuators designed to contract and extend similar to muscles. BMF contracts when stimulated through a current generated in this case through an electromagnetic field.
4
Jenko, Aladin. "Divorce problems Divorce from a man does not occur except in court model." In INTERNATIONAL CONFERENCE OF DEFICIENCIES AND INFLATION ASPECTS IN LEGISLATION. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicdial.pp238-250.
Анотація:
"Divorce is considered a form of family disintegration that leads to the demolition of the family and family pillars after its construction through the marriage contract and then the termination of all social ties between husband and wife and often between their relatives. Divorce rates have risen to frightening levels that threaten our Islamic societies. Among the most important causes of divorce in our society are the following: The failure of one or both spouses in the process of adapting to the other through the different nature of the spouses and their personalities, the interference of the parents, the lack of harmony and compatibility between the spouses, the bad relationship and the large number of marital problems, the cultural openness, the absence of dialogue within the family. Several parties have sought to develop possible solutions to this dangerous phenomenon in our society, including: Establishment of advisory offices to reduce divorce by social and psychological specialists, and include the issue of divorce within the educational and educational curricula in a more concerned manner that shows the extent of the seriousness of divorce and its negative effects on the individual, family and society, and the development of an integrated policy that ensures the treatment of the causes and motives leading to divorce in the community, as well as holding conferences. Scientific and enlightening seminars and awareness workshops and the need for religious institutions and their media platforms to play a guiding and awareness role of the danger and effects of divorce on family construction and society, and to educate community members about the dangers of divorce and the importance of maintaining the husband’s bond and stability. As well as reviewing some marriage legislation and regulations, such as raising the age of marriage and reconsidering the issue of underage marriage, which is witnessing a rise in divorce rates. Among the proposed solutions is the demand to withdraw the power of divorce from the man's hands and place it in the hands of the judge, to prevent certain harm to women, or as a means to prevent the frequent occurrence of divorce. The last proposition created a problem that contradicts the stereotypical image of divorce in Islamic law, for which conditions and elements have been set, especially since Islamic Sharia is the main source of personal status laws in most Islamic countries. Therefore, the importance of this research is reflected in the study of this solution and its effectiveness as a means to prevent the spread of divorce, and not deviate from the pattern specified for it according to Sharia."
Звіти організацій з теми "Unilateral termination of contract":
1
Rendon, Rene G., and John E. Mutty. DoD Contract Termination Liability: An Analysis of the Special Termination Cost Clause (STCC). Fort Belvoir, VA: Defense Technical Information Center, September 2006. http://dx.doi.org/10.21236/ada496677.