Дисертації з теми "Unilateral termination of contract"
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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.
The 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
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.
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.
Frasson, Vanessa. "Les clauses de fin de contrat." Thesis, Lyon 3, 2014. http://www.theses.fr/2014LYO30062/document.
End-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
Morales, Huertas Sandra Margarita. "La rupture unilatérale du contrat pour inexécution en droit colombien." Thesis, Paris 2, 2018. http://www.theses.fr/2018PA020085.
Under 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
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.
Made available in DSpace on 2018-02-16T19:31:06Z (GMT). No. of bitstreams: 1 Andrea Cristina Zanetti.pdf: 2439766 bytes, checksum: 481dd19f7c3daf7c408724a6245a0a23 (MD5) Previous issue date: 2018-02-05
Conselho Nacional de Pesquisa e Desenvolvimento Científico e Tecnológico - CNPq
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
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.
Mini Dissertation (LLM)--University of Pretoria, 2020.
Mercantile Law
LLM
Unrestricted
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.
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.
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.
Includes bibliographical references (leaves 95-97).
by Konstantinos C. Kalligeros.
S.M.
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.
Sipuka, Sibongile. "Termination of the contract of employment not constituting dismissal." Thesis, Nelson Mandela Metropolitan University, 2015. http://hdl.handle.net/10948/d1021152.
Spierings, Charlotte. "Unilateral conduct in English private law." Thesis, University of Oxford, 2013. http://ora.ox.ac.uk/objects/uuid:72c0ec9c-f2fa-47cf-a3c6-03ce1dc3f041.
Self, Roland. "Unilateral termination of psychotherapy and the Decision Action Pathway Interactive Network (DAPIN) model." Thesis, University of Hull, 2003. http://hydra.hull.ac.uk/resources/hull:12375.
García-Trevijano, Garnica Ernesto. "On the Concurrence of Termination events in the Same Administrative Contract." Derecho & Sociedad, 2015. http://repositorio.pucp.edu.pe/index/handle/123456789/118438.
El estudio aborda la forma en la que, a juicio del autor, hay que resolver el problema de laconcurrencia de causas de resolución sobre un mismo contrato administrativo. Es bastante habitual que las partes se imputen incumplimientos recíprocos, o que coexistan causas de resolución del contrato con efectos distintos cada una de ellas. En tales situaciones, hay que determinar la causa de resolución que debe aplicarse de manera prioritaria, con sus efectos anejos.En este contexto, se alude a la doctrina del Consejo de Estado español, relativa a considerar de aplicación prioritaria la causa de resolución que aparezca antes en el tiempo. Ahora bien, el autor considera que debe atenderse a la prioridad cronológica, no en la «aparición» de la causa de resolución, sino en su «activación». La regla general es que las causas de resolución sean de utilización potestativa por la parte en el contrato que no las provocó; ello se traduce en que aun cuando exista la circunstancia material que justifica la existencia de la causa de resolución, sin embargo ello no significa que quien puede hacerla valer efectivamente la ponga en funcionamiento (la active). Concluye por ello el autor que es la prioridad en el tiempo de la«activación» (y no de la simple «aparición») la que determina la causa de resolución del contratoque deberá aplicarse prioritariamente cuando concurran varias causas de resolución.
Berger, Steven W. "An evaluation of contract termination models for secondary items in long supply." Thesis, Monterey, California : Naval Postgraduate School, 1990. http://handle.dtic.mil/100.2/ADA238636.
Thesis Advisor(s): Hart, E. Neil. Second Reader: Trietsch, Dan. "June 1990." Description based on title screen as viewed on October 19, 2009. DTIC Descriptor(s): Inventory, navy, contracts, decision making, models, secondary, variables, decision theory, supervisors, management personnel, supplies, naval logistics, online systems, timeliness, determination, naval aviation, naval equipment, mathematical models, requirements DTIC Indicator(s): Long supply, decision models, navy, inventory control points, contract terminations, excess materials, secondary items. Author(s) subject terms: Contract terminations, excess material, long supply, spare parts, secondary items, Navy inventory control point Includes bibliographical references (p. 127-129). Also available in print.
Hlekani, Mphakamisi Witness. "Termination of the employment contract due to ill-health in the public education sector." Thesis, Nelson Mandela Metropolitan University, 2014. http://hdl.handle.net/10948/d1020969.
Séjean, Michel. "La bilatéralisation du cautionnement." Thesis, Evry-Val d'Essonne, 2009. http://www.theses.fr/2009EVRY0037.
The expression « bilatéralisation du cautionnement » (« Bilateralisation of Suretyship ») implies that the contract of Suretyship is no longer a unilateral contract whereby the Surety is the only obliged party.. First, the study of this hypothesis enables to reexamine the criterion of the unilateral feature of the suretyship contract, in order to propose a definition and to examine in what conditions this unilateral feature may vary. The approach chosen for the characterization of the suretyship is then carried on, in order to verify what is left from the regime of unilateral contracts in the domain of suretyships. It appears that suretyship is always a unilateral contract, and that French law continues to treat it that way.. Second, the study is carried on by the analysis of the characterisation and the regime of the legally- and judicially-imposed duties on the beneficiaries of a suretyship for thirty years. In suretyship law, the legal duties are « incombances », a norm inspired from the laws of Switzerland, Germany and Belgium. In civil law, the creditor is bound by the duty of good faith, loyalty or even behavioral consistency, which all exprès the binding power of the contract of suretyship but hide no contractual obligation per se, strictly speaking. As for the régime of duties imposed upon the creditor, it is dominated by the sanction of forfeiture in suretyship law, and by civil liability in civil law. In the end, changes do not affect the unilateral aspect of the suretyship contract ; they should alter the way we approach the elements that cast a doubt on it, be it in the law of obligations of in the judicial practice
Böhn, Svenja [Verfasser], and Viola [Akademischer Betreuer] Deutscher. "Training quality and premature termination of apprenticeship contract – conceptualization, operationalization and measurement / Svenja Böhn ; Betreuer: Viola Deutscher." Mannheim : Universitätsbibliothek Mannheim, 2021. http://d-nb.info/1241474176/34.
Mokotso, Mpho. "Compensation received from termination of a contract: what determines whether it is of a capital or revenue nature." Thesis, University of Cape Town, 2014. http://hdl.handle.net/11427/9616.
The nature of money received as compensation for the early termination of a contract has been determined by Case Law to be of capital or revenue nature to depend on the prevailing circumstances of each case. This paper evaluates Case Law and the principles contained therein which individually or cumulatively provide the guidelines of what presiding Judges have considered make compensation received from the termination of a contract to be of a capital or revenue nature. The cases under study will be those from South African courts as well as other jurisdictions which have had similar cases brought before its courts.
Miller, Saul. "The consequences of contractual failure in South African and Scots law : a comparative study into certain legal effects of termination after breach of contract with consideration of the analytical implications for termination after supervening impossibility of performance/frustration and for termination of a contract which is voidable by reason of improperly obtained consent." Thesis, University of Edinburgh, 2006. http://hdl.handle.net/1842/29278.
Andrijauskienė, Laura. "Sutarties nutraukimas neesminio pažeidimo atveju." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2014~D_20140603_110528-37503.
The thesis analyzes provisions of the Civil Code of the Republic of Lithuania (hereinafter referred to as the CC) that establish the possibility for the parties to terminate the contract in case of immaterial breach, and provides provisions formulated by the Lithuanian Supreme Court as well as principles of application of these provisions. Given the fact that provisions of the CC go-verning termination of contract are adaptation of the UNIDROIT Principles, much attention is paid to the analysis of these Principles. For the purposes of comparison, other important legal documents, i.e. United Nations Convention on Contracts for the International Sale of Goods of 1980, Principles of European Contract Law (PECL), Draft Common Frame of Reference (DCFR), etc. are analyzed as well. The first part of the thesis analyzes the historical aspects, revealing the origin of an insti-tute of termination of contract in case of immaterial breaches. It also finds legal basis for the emergence of the institute of termination of contract inherent in the UNIDROIT Principles and the principle of freedom of contract. The second part of the thesis summarizes grounds for the termination of contract in case of immaterial breaches, i.e. statutory (Article 6.209 of the CC) and contractual (paragraph 5 of Article 6.217 of the CC). The third part of the thesis defines the concept of breach of contract. Moreover, it pro-vides legal evaluations that would help to differentiate between material and... [to full text]
Morales, Martin. "La liberté de choix des personnes publiques entre le contrat et l'acte unilatéral." Thesis, Montpellier, 2016. http://www.theses.fr/2016MONTD029.
Public entities have the ability to produce standards unilaterally or under contract. However, neither the law nor the texts affirm the existence of a choice between the two instruments. Observing the right shows more situations in public entities can not freely choose that situations where they actually have this freedom of choice. The State Council is particularly active, sometimes imposing the contract, sometimes unilateral act for the exercise of powers. Also, in a discipline such as administrative law, where the action of public persons is strictly governed by the standards of jurisdiction, the doctrine is generally not favorable to the recognition of true freedom in action for the benefit of 'Administration. Yet, the objective character of administrative law does not totally hampers the quality of legal subject of public figures or their ability to express their own will. The principle of freedom of choice of management methods illustrious example this liberal dimension of administrative action. In fact, as soon as the standards of competence are not intended to prescribe the instrument by which a jurisdiction must be exercised, public figures have a choice between the contract and the unilateral act. If Parliament or the Council of State to require public entities to use the contract or unilateral act for the performance of a particular jurisdiction, this does not mean that upstream, public figures have not a freedom of choice. On the contrary, the existence of limitations on the ability to act reveals the existence of freedom. Therefore, the choice between the contract and the unilateral act and its frame by objective law are the two parts of the same coin, thus forming a general right of appeal to the contract or the unilateral act. It came to trace the precise contours, both conceptually and practically, freedom of choice and the framing of this freedom of choice by revealing the mechanisms and criteria for action on both sides of two rights
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.
Jung, Simone Isabel. "Abandono em Psicoterapia Psicanalítica : estudo qualitativo." reponame:Biblioteca Digital de Teses e Dissertações da UFRGS, 2013. http://hdl.handle.net/10183/86424.
This thesis had as general objective to analyze the phenomenon of dropout in psychoanalytic psychotherapy (PP) through qualitative methodology. To do so, three articles were written identifying characteristics of beginning and end of treatment of adult patients who were classified by their psychotherapists as patients who dropped out the PP, in a service of attendance in the city of Porto Alegre/Brazil, whose main objective is the formation of specialists in PP. The Bardin’s method (1995) was used in all the studies to analyze the content of the initial interviews of treatment, which were found in the file of the attendance service, and of the post-treatment interviews accomplished by the authoress of the thesis. The first article presents the analysis of treatment of six women who dropped out the PP. Factors that came up in the beginning of the psychotherapy were: unclear objectives of the treatment, weak readiness to change, precocious signs of negative transference and resistance and absence of recognition about the own participation in the problems. Therapeutic gains, dissatisfaction and resistance during the therapeutic process seemed to be associated to the dropout. The second article reveals the findings of the treatments of five patients who dropped out the PP and other five who completed it. Patients who dropped out the PP presented in the beginning of the treatment: focalized objectives and expectations, weak disposition to change, decreased capacity for insight, negative perception of the previous treatments and meaningful manifestations of negative transference and resistance. On the other hand, patients who completed the PP had goals and expectations of psychotherapy related to wider aspects of life, were less resistant to begin the treatment, presented a bigger disposition to change, more positive transference and higher levels of perception and satisfaction concerning the previous treatment. During the treatment, patients who completed the PP were less resistant and were more satisfied about the psychotherapy, referred more effective benefits and reached a bigger capacity to continue working in psychological problems if compared to patients who dropped out the PP. And the third article shows the data found in treatments of patients who dropped out the PP in different moments of the therapy. Seven patients of medium time of dropout (MD - two to eleven months after the beginning of the psychotherapy) compared to seven patients of late time of dropout (LD - more than one year after the beginning) were identified as the ones who started the treatment by indication of others more than by their own, presenting more resistance, with expectations of more support, less positive transference, more depressive complains and negative experiences about the previous treatments. In the post-treatment interview they revealed more resistance during the process of psychotherapy. They dropped out the psychotherapy with minor capacity of insight, evaluated the treatment in a more negative way concerning its general aspects as well as the specific ones. Although distinctions have been observed, it is understood that the differentiation of the characteristics of the groups of MD and LD is tenuous and it needs more investigation. This thesis offers some hypothesis or explanations for the complex phenomenon of dropout of PP. It suggests that the decisions about initiate, dropping out, or completing the psychotherapy depend on multiple factors, such as: definition of marks and objectives established in partnership (patient/psychotherapist), disposition to undertake changes, capacity of insight which implies in recognition of the psychic condition and the participation of problems, resistance, transference and experience that were experienced in previous treatment. The results which were obtained in this thesis are exploratory and it is necessary to study more in this area.
Lee, Myoungki. "Three essays on applied contracting." Columbus, Ohio : Ohio State University, 2006. http://rave.ohiolink.edu/etdc/view?acc%5Fnum=osu1153714667.
Cameron, John Michael. "Assessing safeguards and remedies against the termination of educational administrators during the life of contract or by non-renewal in the diocese of Lansing." Online full text .pdf document, available to Fuller patrons only, 2003. http://www.tren.com.
Ortega, Piana Marco Antonio. "Payment of Insurance Premium and Subsistence of the Insurance Contract." IUS ET VERITAS, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/123310.
El presente artículo aborda la temática referida a los remedios del contrato de seguro ante el incumplimiento del pago de la prima. r ealizando un análisis de los remedios que planteaba la anterior legislación así como la vigente, el autor examina las consecuencias que tiene el incumplimiento del pago de la prima en la relación contractual. Reconociendo el carácter tuitivo de la legislación en favor del asegurado como parte débil, se identifica tres remedios contractuales específicos: la suspensión de la cobertura, la resolución del contrato y la extinción del contrato por inacción de las partes.
Guastalla, Pierre. "La rupture amiable du contrat de travail." Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1053.
The termination of an employment contract is generally characterised by one party’s unilateral intention to terminate and the possibility to terminate by mutual agreement has only been construed by case law on the basis of article 1134 of the civil code. Such termination by mutual agreement is not to be confused with a transaction and does not pursue the same objectives. This construction has however not encountered much success and has been sidelined by labour law practitioners. The amicable termination of employment contracts has not been truly sanctioned until the law of 25 June 2008 that created the contractual termination. The contractual termination has been influenced by the case law that construed the termination by mutual agreement, but it ultimately moved away for good and followed its own path. It was thus possible to analyse the impact each kind of amicable termination had on its alternative. Legal proceedings between the parties and restrictions in connection with the health of the employee do not prevent a contractual termination, thereby privileging the autonomy of the parties over the protection of the employee. In the beginning there was a rivalry between the two kinds of termination, but case law has quickly established the exclusivity of the contractual termination for permanent employment contracts. However the duality remains in numerous other domains. It seemed thus interesting to study the possibilities that may improve the existing alternatives of amicable termination and reconcile fluidity and serenity in the employer-employee relationship
Lahnane, Nabila. "Le déblocage des sources d'anéantissement du contrat en droit commun." Thesis, Perpignan, 2018. http://www.theses.fr/2018PERP0045/document.
The saving adaptation of the contract threatened by a nullity or a termination amounts to get it out of a dead end and thus unblock it. Unblocking applied to the contract is not a notion but a mechanism in which the means, allowing it to pursue its destiny in a sustainable way, are integrated. Since it is a matter of giving priority to alternative remedies to the annihilation of the contract and that these are of a great diversity, it cannot be a question of a single notion, and even less of a unified legal regime. The identified blockages are solved by very different solutions, each with its own regime. However, they all come together for their purpose, which is to maintain an effective contract. This inevitably happens by reshuffling the Court's powers toward the contract because its release requires it to be rewritten almost systematically. The ordonnance of February 10, 2016 reforming the law of contract modifies this role only in a fragmented way. Indeed, we can note that it is more increased in unfair terms (Art. 1170 and 1171 civ. C.) and change of circumstances (Art. 1195 civ. C.) but the virtues of the unblocking of the contract that we have identified invite to a greater generalization of this recent dynamic. The techniques of unblocking the contract proposed in this thesis constitute either original interpretations of the new texts of the law of contract, or novel solutions for which we have discovered the appropriate juridical basis
Marques, Miguel Angelo. "O Congresso Nacional e a denúncia de tratados internacionais." Pontifícia Universidade Católica de São Paulo, 2014. https://tede2.pucsp.br/handle/handle/6542.
In Brazil, the Legislative branch has always been present in the process of establishment and conclusion of International Treaties. In the Imperial Period, even though the 1824 Charter Policy did not formally provide for the General Assembly participation, it could conceivably be said that the conduct of the foreign affairs was carried out in practice by four State agencies: the Emperor, the Cabinet of Ministers, the Council of State and the Parliament. From the Proclamation of the Republic, all the constitutional texts provided expressly for the participation of the National Congress in the process of production of Treaty Texts. However none of our Constitutions ‒ including the current one ‒ has handled the participation of the Legislative branch in cases of termination of treaty texts and thus the power to cease the treat has always been exclusively held by the Executive branch (even in those cases where the ratification of the international instrument depended on the National Congress approval). This much discussed issue in the doctrine field has been brought to the Supreme Federal Court on June 16th, 1997 by the means of the Direct Unconstitutionality Action (ADI) 1625 that pleaded the declaration of unconstitutionality of Decree 2,100 of December 20th, 1996 which made public the cease of the Convention 158 of the International Organization of Labor (OIT) for offence to the provisions of art. 49, I of the Constitution. Within the scope of the judgment of this process filed by the National Confederation of the Workers in Agriculture (CONTAG) and the Central Workers Union Confederation (CUT), three out the four Ministers who have already voted have acknowledged the need of prior consent from the National Congress to the Executive branch to proceed to the termination of Treaty Texts. If this understanding persists in the C. Supreme Federal Court there will be an important change of model in the field of the Law of Treaties, which is a basic issue under the international law. This Master s dissertation aims to foster discussions within the academic community concerning the need (or not) for the Brazilian Parliament participation in Treaties, Conventions and International Acts termination process
No Brasil, o Poder Legislativo sempre se fez presente no processo de celebração e conclusão de Tratados Internacionais. No Período Imperial, embora a Carta Política de 1824 não contemplasse, formalmente, a participação da Assembleia Geral, pode-se dizer que, na prática, a condução das relações exteriores era realizada por um conjunto de quatro órgãos do Estado: o Imperador, o Gabinete de Ministros, o Conselho de Estado e o Parlamento. Com a Proclamação da República, todos os textos constitucionais subsequentes passaram a assegurar, de forma expressa, a participação do Congresso Nacional no processo de produção de Textos Convencionais. Contudo, nenhuma de nossas Constituições, inclusive a atual, regulou a participação do Poder Legislativo nos casos de extinção de textos convencionais, razão por que o poder de denunciar tratados sempre foi exercido, de forma exclusiva, pelo Poder Executivo (mesmo nos casos em que a ratificação do instrumento internacional tenha dependido de aprovação do Congresso Nacional). Essa questão, muito debatida no campo doutrinário, chegou ao Supremo Tribunal Federal em 16 de junho de 1997, através da Ação Direta de Inconstitucionalidade (ADI) 1625, por meio da qual se pleiteava a declaração de inconstitucionalidade do Decreto nº 2.100 de 20 de dezembro de 1996, que tornou pública a denúncia da Convenção n° 158 da Organização Internacional do Trabalho (OIT), por ofensa ao disposto no art. 49, I da Constituição Federal. No bojo do julgamento dessa demanda, ajuizada pela Confederação Nacional dos Trabalhadores na Agricultura (CONTAG) e pela Central Única dos Trabalhadores (CUT), três dos quatro ministros, que já proferiram seus votos, reconheceram a necessidade de prévia autorização do Congresso Nacional para o Poder Executivo efetivar a denúncia de Textos Convencionais. Persistindo esse entendimento no C. Supremo Tribunal Federal, haverá uma mudança de paradigma importante no campo do Direito dos Tratados, tema fundamental na área do direito internacional. A presente dissertação de mestrado tem por escopo fomentar, no meio acadêmico, discussões acerca da necessidade (ou não) da participação do Parlamento brasileiro nos casos de denúncia de Tratados, Convenções e Atos Internacionais
Habbassi-Mebarkia, Samira. "La protection de la caution." Thesis, Valenciennes, 2016. http://www.theses.fr/2016VALE0003/document.
The zero risk does not exist! So, to protect itself against possible outstanding payments, the creditors do not hesitate to ask their future debtors of guarantees. Among the latter, the guarantee holds a special place.Thanks to it speed, its simplicity, its seduces and becomes over time “the queen of the safeties” but from whom the kingdom hides many surprises, especially for the guarantee which raise themselves not many questions during the training of the contract. Taking the risk of others, pledges do they arrange good keys to enter contractual relations? Do they measure the impact of their commitment? It is allowed to doubt it with regard to the important dispute which shakes the subject. In this cas, how protect them effectively without putting in danger the guarenty? Defines, or more exactly described in the article 2288 of the Civil code “as the one who goes pledge of an obligation submits itself to the creditor to satisfy this obligation if the debtor does not satisfy it himself”, the guarenty is subjected to deep criticisms.We wonder about his efficiency, we doubt his flexibility, its capacity to offer the expected legal security. We also castigate the excessive intrusion of the legislator and the jurisprudence in the contract. But the latter gave for mission to deliver to the pledge the famous “instructions for use” which has to warn it of threats which hides this safety. But the protective philosophy of pledges pushed the very far reasoning, maybe too far. Now, one needs that an adjustment of the rules of the guarenty for the measure of the law of the safeties which remains an abundant material where the liveliness, the creativity give rhythm to the contractual reports. The law of the guarenty has to be careful not from then on to be congealed, to motionless in a world which is in perpetual movement and where the time is for the revision, for the searches to be in adequacy with the economic, social and legal needs for our society. De facto the guarenty has to extract of vicious circle in which it fell
Cardoso, Luiz Philipe Tavares de Azevedo. "A onerosidade excessiva no Direito Civil brasileiro." Universidade de São Paulo, 2010. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-19112010-082708/.
The theme of this dissertation is known in english as hardship, which means the fundamental alteration of the equilibrium of the contract. Firstly, it is necessary to make an introductional notion of the figure, a conceptual delineation of the problem and a summary of its historical evolution in the brazilian civil law. After that, it is presented the theories used by authors and courts to reason the solution of the problem before the existence of legal text about the issue. Then, we study the related articles of the Brazilian Civil Code to explain the content of hardship, the content of its requirements, and the content of its consequences. The articles 478, 479, 480, 317 are directly studied, and also other articles from particular named contracts. Some related issues finalize the understanding of the theme, as the negative requirements of the figure, its incidence in some particular categories of contracts, and the difference of its requirements in the Consumer Defense Code.
Tucci, Rogério Lauria Marçal. "Prorrogação compulsória dos contratos de longa duração." Universidade de São Paulo, 2015. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-11122015-093521/.
The subject developed concerns the unilateral termination of the contract, which shall only take effect after certain length compatible with sizeable investments made by the counterparty, as set forth in Article 473, sole paragraph, of the Civil Code. Therefore, the research began with theoretical premises regarding the contractual freedom and its variations in different historical moments. Once clarified that the contractual freedom must be counterbalanced by governmental intervention in order to optimize economic development and social well-being, the study initially demonstrates the consistency of the aforesaid rule in the midst of the currently reigning paradigm. In addition, some reflections were presented to explain the purpose of the insertion of the provision in the written body of laws. Seeking to prevent the abuse of economic power, the ruling was created specifically to diminish abusive use of the right to terminate. Given the scope of the provision, the first part of the paper sustained why should the judge extent the length of the notice when the terminating party fails to comply with a compatible term taken into account the investments carried out by the other party. As for the second part, there are musings about different aspects of long-term contracts. Important contributions from legal doctrine were pointed out concerning the influence of time on long-term relationships, and furthermore on perspectives of the economic analysis of Law, besides the relational approach to the contract. As it becomes plain that the extension of a contract may be, or rather ought to be, imposed by the judge, on the third and last part of the dissertation, it is proposed a systematic and axiological interpretation of the ruling set forth by Article 473, sole paragraph, of the Civil Code.
Abdulhasan, Zahraa M. "Impact of combined microprocessor control of the prosthetic knee and ankle on gait termination in unilateral trans-femoral amputees. Limb mechanical work performed on centre of mass to terminate gait on a declined surface using linx prosthetic device." Thesis, University of Bradford, 2018. http://hdl.handle.net/10454/16906.
Higher Committee of Education Development in IRAQ (HCED)
Lemay, Pierre. "Le principe de la force obligatoire du contrat à l'épreuve du développement de l'unilatéralisme." Thesis, Lille 2, 2012. http://www.theses.fr/2012LIL20011.
Sriubas, Modestas. "Darbo sutarties nutraukimas darbdavio iniciatyva nesant darbuotojo kaltės." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2005. http://vddb.laba.lt/obj/LT-eLABa-0001:E.02~2005~D_20050606_195526-68905.
In this research work an author seeks to educe the theoretical character of questions: to define the conceptions of the expiry or the termination of an employment contract. Author analyses the grounds for the termination of an employment contract on the initiative of an employer without any fault on the part of an employee. Author analyses the notice of the termination of an employment contract. The regulation of the legal rules of international documents and EU presents by the comparable method. The regulation of the guarantees and limitations represents in this research work, which give effect to the termination of an employment contract on the initiative of an employer without any fault on the part of an employee. Author educes the generalization of judiciary practice, which is essential justly to interpret and properly to use rules of the termination of an employment contract on the initiative of an employer without any fault on the part of an employee.
Plašil, Jakub. "Rozvázání pracovního poměru ze strany zaměstnavatele." Master's thesis, Vysoká škola ekonomická v Praze, 2014. http://www.nusl.cz/ntk/nusl-201956.
Mouawad, Julie. "Les relations d'affaires : approche comparée du droit français et du droit libanais." Thesis, Aix-Marseille, 2018. http://www.theses.fr/2018AIXM0030.
The word « business relations » is no longer only a denomination in the « business world »; in fact, the legal notion of business relations intervenes today as a new legal category of law, in particular since the drafting of French order No. 2016-131 in 10 February 2016. Our analysis will focus on the consecration of « business relations » in French and Lebanese positive law. This analysis has a principal interest to attempt to outline a general definition of the concept of « business relations », to develop the legal framework within which it is formed, and to determine the related characteristics of the business relations concept. A legal approach of this notion has enabled us to specify the legal framework of the business relations notion, this is largely based on article L. 442-6-I, 5⁰ of the French commercial code. The analysis of the economic equilibrium and the legal security of contractors will lead us to study not only the pre-contractual and contractual relations but also the condition and the legal effects of business relations at the post-contract stage. In a first approach, we will clarify the areas in which the notion of business relations is approached in positive law, and will try to specify its constituent elements. In a second approach, we will analyze the legal effects of the « business relations » notion during the diverse phases of the contract drafting and the consequences of the contract termination on those relations
Chicheportiche, Laura. "Les ruptures d'un commun accord du contrat de travail." Thesis, Paris 2, 2011. http://www.theses.fr/2011PA020086.
Initially relinquished, mutual agreement is now at the heart of the process of terminating the employment contract. There has been an evolution tending to the shift from suspicion towards mutual agreement as a termination device to the trust in such means. This acquired trust is best illustrated by the recognition of employment termination via mutual agreement by the Act dated June, 25th 2008. The reform introduced by this Act transformed the legal regime applicable to the termination of employment contracts. Despite the fact that Article 1134 of the French Civil Code has long granted parties the possibility to terminate the contract binding them by mutually agreeing to do so, such mode of termination has only been resorted to on a fairly limited basis. This phenomenon can notably be explained by both the lack of clear legal framework applicable to this device, and the restrictions imposed on its ambit. The recognition of termination of the employment contract via mutual agreement as a device specifically applied in the field of labor law, as well as the definition of a specific and independent regime would be likely to give rise to ending the resort to Article 1134, whose scope is only general and not specifically tailored to labor relations. The implementation of this specific regime could put an end to the monopoly held by unilateral terminations of the employment contract, particularly the method of dismissal. A broad consideration of termination of the employment contract via mutual agreement can also contribute to the appeasement and balance in labor relations
Butkevičiūtė, Indrė. "Apsauga nuo nepagrįsto atleidimo iš darbo pagal nacionalinę ir tarptautinę teisę." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2007. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20070102_205522-18413.
There are researched questions of protection from unjustified dismissal in this work. This theme is not new, but it is not properly studied. There is given too little attention for analysis of protection from unjustified dismissal in law literature. In pursuance of hypothesis, that Lithuanian law, which regulate protection from unjustified dismissal, are parallel to international standards; there are analyzed international and national law standards for protection from unjustified dismissal. In the first part of work there is analyzed conception of unjustified dismissal, which is consolidated in International Law Organization, Europe Union as international regional organization and national law acts. After accomplishing of law analysis of standard acts it is concluded, that there is not given definition of unjustified dismissal in the researched international and national law acts. Legitimacy of dismissal is related with criteria of important reasons. In the second part of work there is discussed and by comparative aspect analyzed measures of protection from unjustified dismissal, which are consolidated in international and Europe Union member states national law acts. In the third part generalised the practice of Lithuanian Highest Court in cases of unjustified dismissal. There is given the interpretation of Labour Code of Lithuanian law standards by Lithuanian Highest Court, because judiciary practice is promoting application of fair and equal law standards. Also reviewing... [to full text]
Decamps, Jennifer. "Les modes amiables de rupture du contrat de travail." Thesis, Avignon, 2014. http://www.theses.fr/2014AVIG2039/document.
The ways to break a work contract amicably are booming . Even if the amicable break of the contractual relationship , from Article 1134 of the civil code , has been recognized for several decades , its lack of real understanding and use by the social legislation limits its use , even though its effectiveness,regarding the fixed period employment contracts and the training contract does not need to be proven any more ! The current revival of this way to break a contract comes from the creation of a new act : the 25 th june 2008 modernization of the labour market law . The conventional breach, supposed to be an act which permits to reinforce the safety of the relational breach has boosted the confidence of employers as well as employees, when the use of consualism , they had created, has to be broken .So, without really putting into question the breach itself the origin of which being the common law, the conventional breaking is the most likely act to put an end to the hegemony of unilateral acts of breach
Cardoso, Luiz Philipe Tavares de Azevedo. "O inadimplemento antecipado do contrato no direito civil brasileiro." Universidade de São Paulo, 2014. http://www.teses.usp.br/teses/disponiveis/2/2131/tde-11022015-114044/.
This work has as its theme the anticipatory breach of contract in the Brazilian civil law. The starting point for the study is the analysis of cases that originally used the figure, devoid of explicit legal recognition. Subsequently, the doctrine is examined. Faced with this material, we propose a theoretical model for understanding the anticipatory breach of contract, adjusting it to the basic categories of Brazilian law of obligations. Their assumptions, constitutive elements and effects are presented. Throughout his work, aspects of purchase and sale, the complex obligatory relationship, accessories and side duties, contractual order, breach of contract, non-performance, responsability, frustration, loss of social function, termination, rescission, and action for damages.
Blanc, François. "Les engagements dans le droit français des concentrations." Thesis, Paris 2, 2012. http://www.theses.fr/2012PA020059.
At first sight, the mergers’s control illustrates the modern role played by the State in the economy: the aim is not to organize the markets anymore, but to control from time to time one or several particular operators. The liberal State submit the companies’s merging processes to prior authorization, so as to make sure they do not negatively affect the competition. Nevertheless, in the silence of the law, everything goes as if the administration was using mergers as drivers of the markets’s reorganization. This process is evenmore subtil because it implies closely the companies themselves: everything depends on the commitments the companies offer to the administration, in order to prevent the non competitive effects of their project. These commitments are indeed undergoing a major legal change: once issued, they become a measure of economic restriction, embedded in the administration’s authorization. This process, that has been developed from the time of planned economy, suggests a certain permanency of the French law, despite the economic goals’s variation. Yet, these commitments constrain the parties about to merge: on the one hand regarding their actions towards other operators on the market, and on the other hand, regarding their relation with the administration : at the same time they direct the merger according to the stakeholders, and extend the administrative control. In short, when embedding the commitments in its act, the administration first changes the relations between the parties and the stakeholders, then follows up the relations’s execution. Thus, its intervention swifts ratione temporis, -from the merger in progress to the merger achieved, ratione personae, from the parties to the stakeholders’ operations, and ratione materia, from the merger to the market. Time has gone when the administration used to build the market directly ; now it uses to this end the companies that have to require her authorization
Barthe, Benjamin. "La clause de sortie des relations contractuelles : proposition de définition unitaire." Thesis, Aix-Marseille, 2013. http://www.theses.fr/2013AIXM1006.
The general theory of the contractual obligations treats breach of contract only through the “résolution”. It does not mention either the concept of duration of the contract. The attention of the French jurists is mainly focused on the cancellation for non-fulfilment and the offending termination of the agreement without any term. Another presentation, more neutral, is however possible, studying the exit of the contract and, more particularly, the opportunity given to the contracting parties to envisage the exit of their contractual relations.Then it is possible to realize that the practice, against the gaps of the general theory, knew to adapt existing concepts in order to take into consideration the evolution of the contract since the beginning of the 19th century. Thus many clauses, which make it possible to one of the contracting parties to leave the contract, developed under various names and are today present in all the contracts. The analysis of jurisprudence reveals that the litigations which result from it, not only relate to common problems, but also tend to bring common solutions ; at the very least, one perceives the need for a unit treatment. The study, pushing back the classical distinction between the “résolution” and the “résiliation”, seeks the existence of a unit, seeks to check the existence of the exit clause which would institute a faculty to leave in a way anticipated of a relation concluded for one limited duration. For that purpose, the exit clause is approached like any other “autonomous” clause.Initially, it is necessary to show the existence of a common objective of validity. It is question first of all of emphasizing the common function of the clauses, which is to secure the holder of the faculty of exit against a loss of interest. The unit continues in the nature of the clause: resulting from an agreement of the parties, it sets up a “potestative” right. It then takes the features of a “modern” “resolutive condition”, contemporary adaptation of the condition of the obligation envisaged by the Civil code.In the second time, once they are validly provided, the clauses of exit must meet a common aim of effectiveness : the exit is exerted by unilateral act and then obeys the rules applicable in this case. Beyond this mode, one can realize that there exist common conditions to all the clauses of exit. The effects of these clauses, finally, present or must present a certain unit, whether the exit put in work is successful or that it failed
Rudėnaitė, Ligita. "Apribojimai nutraukti darbo sutartį reorganizuojant įmonę." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2014. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2011~D_20140625_210134-76497.
In the first part the main issue is analyzes of European Communities law and the Directive No 2001/23/EC witch laid down legal guarantees for the employees during the process of enterprises reorganization. The main provisions of the directive that include protection of individual and collective employee’s interests were explained according to The European Court of Justice practice. In the second part of the work was done analyzes of the concept of reorganization in civil and labor law, in purpose to find out definition of reorganization, means and stages of process. There are given a comparison of reorganization and liquidation, reorganization and restructuring. This part of work also includes analyzes of Labour Code norms, which laid down restrictions on employer who is unallowable to terminate the employment contract during reorganization of the enterprises. The study reveals that national legislation does not fully comply with purposes of Directive No 2001/23/EC. Although, reorganization in itself is not a legitimate reason for termination of employment, but employment protection is not absolute too. During the reorganization and after this process, labour relations between employer and employees may be complicated and employment succession is not always guaranteed. Therefore, there is talking about the employer's right to terminate the labour contract, the implementation and restricts of this right. Last part also includes discussion about possibility to transfer... [to full text]
Domingues, Romain. "Les transferts de sportifs." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1025/document.
The professional sportsmen, employees of clubs by fixed-term contracts, said of use, to exercise a recreational activity, gradually became a legal originality by the appeal to the practice of transfers. The application of the European law, principles of free circulation or free-market economy, upset the sports legal order. At first holders of a sports license, they became salaried, to be transformed into real elements of immaterial asset. The right contract employees held by clubs towards their sportsmen can receive the qualification of immaterial movables today, with the risk of ending in a reification of the person of the professional sportsman. The relocation allowance was perceived by clubs, which constituted the repair of damage undergone because of the early break of the contract of employment, became today the sale price of an element of asset. The object of this thesis is of demonstrated that this new qualification, at the origin of numerous troubles from which suffers the sports activity, among which the debt of clubs, the disappearance of the sports chance, the imbalance of the competitions, the questioning of the formation of the young sportsmen or the committee of penal breaches, is inaccurate. The right contract employees held by a club on a sportsman would not know how to be qualified as element of immaterial asset, such a qualification carrying an infringement engraves in the main rights and the liberties of which that to break one-sidedly its contract of employment by indemnifying his employer because of this premature break
Šalkauskienė, Živilė. "Darbo sutarčių nutraukimas už šiurkščius darbo pareigų pažeidimus, kuriais kėsinamasi į nuosavybę, turtines teises ir turtinius interesus (Darbo kodekso 235 str. 2 d. 2 ir 7 punktai)." Master's thesis, Lithuanian Academic Libraries Network (LABT), 2009. http://vddb.library.lt/obj/LT-eLABa-0001:E.02~2007~D_20090908_193939-28108.
The general task of this work is analysis of legal regulations on Termination of Employment Contracts Due to Gross Breach of Work Duties (Paragraphs 2 (2) and 2 (7) of Article 235 of the Labour Code of the Republic of Lithuania) and their practical application. The first part discloses conceptions of deeds provided in the Labour Code of the Republic of Lithuania (Paragraphs 2 (2) and 2 (7) of Article 235) and also how those deeds display in the relations governed by the Labour Law. There are some suggestions made how the Employer could organize protection of his property, property rights and property interests. The second part contains analysis of regulation of termination of employment contracts due to gross breach of work duties changed since the rehabilitation of the Independence of Lithuania Republic. The order of application of termination of the labour contract as a disciplinary punishment is analysed on the ground of the valid Labour Code and the unified court practise formed by the Supreme Court of the Republic of Lithuania. There are drawn some conclusions based on questionnaire filled by Lithuania companies. The conclusions on the subjects analyzed in the first and second parts of the work are drawn by the author at the ending as well as the list of literature referred to.
Cjuro, Vera Cinthia Mirella. "The Compliance with the Resolutory Condition as a Causal Valid of Extinction in the Work Contracts with an Indefinite Term: Temporary Indefinite Contracts?" Derecho & Sociedad, 2016. http://repositorio.pucp.edu.pe/index/handle/123456789/117284.
En el presente artículo, la autora analiza si a la luz de las normas laborales que regulan las causales de extinción de los contratos de trabajo, es posible que las partes puedan incorporar válidamente una condición resolutoria en contratos a plazo indeterminado. Para ello, comenta un caso particular peruano, así como algunos pronunciamientos del Tribunal Supremo español.
Prokopová, Tereza. "Srovnání obvyklé ceny věcného břemene inženýrských sítí s cenami podle vnitřních předpisů obcí." Master's thesis, Vysoké učení technické v Brně. Ústav soudního inženýrství, 2015. http://www.nusl.cz/ntk/nusl-234442.
Berne, de la Calle Cédric. "Le contentieux de la résolution du contrat au regard de l'article 1184 du Code civil : éléments pour une stratégie du créancier." Thesis, Aix-Marseille, 2014. http://www.theses.fr/2014AIXM1027.
Creditor's strategy in case of breach of contract is often avoided because of full theories.It could be described as a tacit phenomenon. Elements of judicial dissolution are studied in a way to discover a legal institution made by independent mechanisms which each have their own spring. Starting with article 1184 of French Civil Code, the aim of the study was to grasp the spirit of "judicial dissolution" of contract, also the legal institutions it contains, formally or tacitly, checking all the law doctrinal knowledge, supposed to be certain and proposing a perspective for this particular judicial termination of contract.Judicial dissolution composed of eight themes is a study trying to share into a mass knowledge relative to the action's area, the fortuitous event (irresistible force), the breach of contract itself, which is officially established into a formal notice. When the judge is seized, the creditor has a legal option between dissolution or enforced performance offered by article 1184 paragraph 2, which leads to the question of judicial characteristic - involving an important argument - of the dissolution.Finally, judicial dissolution causes apparent consequences : retrospective effect on contract but, overall, there are specific effects : termination of contract involving return of goods, values and performances between parties coming from the judicial decision.If dissolution's concept had been studied before into its fundamentals, its story or its diverse forms, it allows to explore the reverse side of this theory into as a new critical reading which recalls the original function of this legal action : to permit creditor to defend in case of breach of contract
Siri, Aurélien. "Le mutuus dissensus : notion, domaine, régime." Thesis, Aix-Marseille 3, 2011. http://www.theses.fr/2011AIX32054.
Mutuus dissensus is a latin expression in the French positive law. It has been used by civil doctrine since the end of the nineteenth century to designate a basic notion of Contract Law. The juridic notion of mutuus dissensus may be defined as an agreement between all the parties to rescind their precedent contract. The notion of mutuus dissensus has an unity. It stands on two essentials constituent elements. The first one is a classical procedure: an agreement. Mutuus dissensus agreement is a real subsequent agreement to end a contract, rather than a new identical contract but opposite to the rescinded contract. The second one is an effect of specific right: the rescission. Rescission by mutuus dissensus is the termination of a contract for the future rather than a supposed discharge of a contract with a retroactive effect. The notion of mutuus dissensus has a very wide field in positive law. Rescission by mutuus dissensus is a general principle of law of contracts based on section 1134, subsection 2, of the French civil code, which is to apply to every contract and in every subject. The notion of mutuus dissensus determines a specific juridical system. Parties are free to decide the effects of the rescission by mutuus dissensus. The principle of freedom of parties is limited by law and order. The protection of third parties is ensured by a general protection and special protections which limit the effects of the rescission of contract by mutuus dissensus