Form Of Contract Research Articles

Устная и электронная формы государственного контракта на выполнение подрядных работ для нужд системы МВД России

The article is devoted to the conflict of laws provisions of the Russian legislation regulating the form of a state contract for the performance of contractual works for the needs of the Russian Ministry of Internal Affairs system. In the course of the analysis the author comes to the conclusion that, in general, the oral form of the transaction is inapplicable to the said state contract, but only can be an exception in connection with certain life circumstances (legal facts) established in regulatory legal acts. At the same time, the use of the electronic form of the state contract in modern times prevails over the written and oral forms of transactions. The development of social relations in the field of digitalization is the main determinant factor in the allocation and legislative consolidation of the third form of transactions — electronic, which has its own specific and unique characteristics.

Enhancing access to digital justice: digital governance of dispute resolution and dispute prevention in online commercial activities

Abstract This article examines relevant theories and practices concerning the strengthening of access to digital justice and explores pathways to expanding the application of online dispute resolution (ODR) to dispute prevention in online commercial activities. It focuses on how to enhance both efficiency and fairness in four stages of commercial activities, namely, deal-making (contract formation), contract performance, dispute resolution, and the enforcement of final results. At the deal-making stage, the application of e-signatures is analysed with respect to the prevention of compliance and security risks. The best practices of smart contracts and blockchain technology are also investigated to promote relevant innovative designs in the digital governance of online contract performance. In addition, top-down and bottom-up ODR platforms are compared in terms of their respective patterns for enhancing efficiency and fairness, as well as their differing potential for institutionalization. Finally, existing ODR self-enforcement models are explored, with emphasis on the ‘preauthorization’ model and the example of Taobao.

ADAPTATION COMPONENT AS A CONSTITUENT OF FOREIGN STUDENTS SUCCESSFUL TRAINING IN MEDICAL UNIVERSITIES OF UKRAINE

Abstract. The article highlights the main tasks of higher medical education in Ukraine. It is noted that one of the global tasks of higher medical education development in Ukraine is the qualitative training of foreign students. The successful process of their education is a kind of indicator of high level of education in Ukraine, a confirmation of its international scientific, educational and cultural authority. It is indicated that attraction of foreign students to Ukrainian medical institutions of higher education performs not only economic functions, replenishing the country's budget at the expense of students studying on a contract form of education, but also stimulates cultural exchange between countries, affects the formation of future medical elite. Foreign students who remain in our country after graduating from Ukrainian higher education institutions have particular interest for the research. During their studies, they not only receive education, but also master the Ukrainian language, adapt to economic, cultural and other living conditions. Such graduates are very valuable for the future of our country. In connection with this, the question of adaptation of foreign students to living and studying in Ukraine is being brought up to date as the quality of education and professional socialization of foreigners depends on its success.
 The adaptation component plays an important role in studying process of foreign students. Students encounter adaptation difficulties from the first days of their studies. Foreigners find themselves in an unfamiliar cultural, linguistic, household and social environment, which they need to master, so the educational process is accompanied by adaptation to new living conditions. An important role in the process of foreign students’ adaptation in the universities of Ukraine has the organization of the educational process itself and the direct participation of the teacher in it. However, the successful implementation of the adaptation component is facilitated not only by classroom work, but also by extracurricular work, as it is an integral part of educational and educational processes.
 An important role in the process of adaptation of foreign students in universities of Ukraine is played by the organization of the educational process itself and the direct participation of the teacher in it. However, the successful implementation of the adaptation component is facilitated not only by classroom work, but also by extracurricular work as it is an integral part of the educational and pedagogical processes.

The Power to Contract and the Offer-and-Acceptance Analysis of Contract Formation

Abstract The offer-and-acceptance analysis has long been questioned as not (easily) applicable to certain methods of contracting. This paper looks at this analysis through the prism of normative powers and identifies much deeper problems with the analytic explanation of how such unilateral normative powers as offer and acceptance can generate such a normative result as concluding a contract. It argues that even if the powers to offer and accept are exercised, as they are in certain methods of contracting, these are not the normative powers that create contractual obligations; such obligations are always created by the jointly exercised power to contract. The paper substantiates an account of the power to contract as a sui generis normative power and explains the role the unilateral powers to offer and to accept play when they are exercised, while also explaining why there is no need to ‘invent’ offering and accepting where there are none.

Collaborating to Innovate: Balancing Strategy Dividend and Transactional Efficiencies

When a firm collaborates with its suppliers, it expands its access to external know-how and thus can enhance its innovation performance. Such collaborations are common and argued to have significant impact on the firm's market outcomes. However, such collaborations also expose the firm to various transactional hazards, including knowledge spillovers and opportunism. This trade-off looms over the firm's commitment to a market positioning strategy and the functional capabilities it draws on to generate its strategy dividend. Recent accounts suggest that the verdict on supplier collaborations is noisy and that partner perceptions of these collaborations do not align on key issues of governance, strategy, and value generation. To investigate this, the authors study 202 formal codevelopment contracts of high-tech original equipment manufacturers that collaborated with suppliers from 1985 to 2016. Drawing on the governance value analysis framework, the authors show how misalignment between the firm's codevelopment contracts, capabilities, and market positioning strategy significantly erodes its innovation performance. Thus, blanket prescriptions for one type of contract or the other are misdirected, their effectiveness being a contingent outcome dependent on the firm's market positioning strategy and functional capabilities. This research presents one of the most complete tests of the governance value analysis framework to date.

FIDIC Form of Contract: A Study Review

FIDIC (Fédération Internationale des Ingénieurs - Conseils) is an International body whose membership consists of National Associations of Consulting Engineers. It has in publication different suites of contracts used for international engineering projects, viz; FIDIC REDBOOK (Construction), FIDIC YELLOW BOOK (Plant& DB), SILVER BOOK (Turnkey/EPC) and FIDIC GREENBOOK (Short Form Contract). Generally, the FIDIC contract contains 20 Clauses but seventeen (17) of which have common clause names and the suitability of this FIDIC Suite is a measure of ‘Risk distribution’. Whereas there is an obvious similarity with regards to the number of clauses contained in each of the FIDIC Suites, but this paper limits attention only to General Provisions, Force Majeure, Claims, Disputes and Arbitration.

What does Covid-19 teach us about English contract law?

AbstractThis paper examines how English courts have responded to the contract problems generated by the Covid-19 pandemic and considers what this tells us about future contract law development. In relation to consumers, the case law on pandemic-affected contracts, though limited, indicates that traditional contract doctrine does not necessarily produce beneficial outcomes for consumers. This further diminishes the importance of the common law in the consumer contracting context. In the commercial sector, contracting parties were encouraged by government and other organisations to co-operate with one another and act in good faith during the crisis, but this has not influenced the courts applying contract law in the pandemic aftermath. The emerging case law suggests that contract law has retained its commitment to certainty, freedom of contract and sanctity of contract, notwithstanding the extraordinary circumstances around the outbreak and its unpredictable effects on contracts. The unalloyed application of formal contract law in the post-pandemic case law augments the position of relational norms as extra-contractual in English law, putting the further judicial development of relational contract principles in doubt. The paper concludes that despite the considerable social and economic upheaval caused by the pandemic, its impact on contract law development is likely to be minimal.

“Loss distribution”: the accounting treatment, corporate and tax ramifications, in Brazil

This study describes the accounting treatment and underlying basis of the allocation of losses to partners, not of dividends, but within intra-corporate transactions, according to the IFRS. The study takes into account the fact that there is not always a specific legal requirement for implementation in other countries, as is the case in Brazil, although in the legal literature such treatment is acknowledged internationally. The assumption of accounting loss to a partner's account was originally introduced in the Brazilian Income Tax legislation of 1977. That accounting technique was determined by the Federal Revenue Service. Although Congress was responsible in this period for the accounting discipline, specifically for Corporation Law, they remained silent in this regard. Consequently, the lack of specific legal provisions for corporate accounting standards may have led, in oblique ways, to a small exploration of this topic and its little practical use in the real world. Considering such factors, this research investigates the accounting treatment options currently applicable to this type of transaction in Brazil, under the influence of common law, and various tax and corporate ramifications stemming from its adoption; this paper also aims to publicize possible grounds for propagating the practice, based on the guidelines laid down by the International Accounting Standards Board (IASB). Applying the qualitative research method, it was possible to conclude that the assumption of loss to the partner account is equivalent to a capital contribution, in the form of contributions made by supporting shareholders. For this reason, shareholders record it as investments and the investee company does not record any revenue, although there is an effective equity increase. Due to being a non-onerous act, given the absence of issuance of shares, there is no change in existing equity interests, nor taxation on the agents involved. The allocation of losses to partners is practical in its contractual form, dispensing with the need for share capital to be increased by the partners and later reduced, commonly referred to in European Law as coup d’accordéon and operação harmónio, which simplifies the transaction and corporate records. This work considers the accounting treatment according to the IFRS, while at all times taking into account the legal framework applied to the transaction, locally and according to international corporate literature, with a view to encourage more extensive use and its resultant benefits.

E-Contracts in Practice: Case Studies and Legal Precedents for Effective Implementation

In today's digital age, electronic contracts (e-contracts) have proliferated across industries, providing efficiency, speed, and convenience in contract formation and execution. Nonetheless, the adoption of e-contracts presents intricate legal and practical considerations for businesses and individuals. This paper offers a thorough exploration of e-contracts in practice, drawing upon case studies and legal precedents to illuminate key principles and best practices for their successful deployment. The initial section furnishes an overview of e-contracts, encompassing their definition, attributes, and the legal framework governing their validity and enforceability. Subsequently, an array of case studies is scrutinized to depict real-world scenarios where e-contracts have been employed, shedding light on the advantages and challenges faced by involved parties. These case studies span diverse industries and contractual arrangements, providing insights into the manifold applications of e-contracts and the strategies employed to mitigate associated risks. Expanding on the case studies, the paper delves into pertinent legal precedents that have shaped the landscape of e-contract law. This encompasses landmark court rulings and legislative advancements that have established pivotal principles concerning the formation, interpretation, and enforcement of e-contracts. Through the examination of these precedents, readers attain a deeper comprehension of the legal doctrines and considerations underpinning the drafting and negotiation of e-contracts. Moreover, the paper addresses practical considerations for implementing e-contracts, such as authentication mechanisms, electronic signatures, and data security measures. Drawing on industry best practices and regulatory guidelines, it furnishes recommendations for mitigating risks and ensuring compliance with relevant legal requirements. In conclusion, this paper underscores the imperative of comprehending both the legal and practical facets of e-contracts for their effective deployment. By leveraging insights from case studies and legal precedents, businesses and individuals can navigate the complexities of e-contracting with confidence, realizing the benefits of efficiency and adaptability while safeguarding their rights and interests.

Dispute Resolution Mechanism by Dispute Resolution Board According to FIDIC Contract Model and Experience for Vietnam

The article “Dispute resolution mechanism by the Dispute Board according to the FIDIC contract form and experience for Vietnam” researches the theoretical issues related to the FIDIC Contract and the Dispute Settlement Board of the FIDIC. In addition, the article also focuses on researching and analyzing the practice of applying dispute settlement mechanisms by Dispute Settlement Boards in various nations throughout the world. The article's usefulness stems from the knowledge gained while researching this dispute resolution mechanism in countries throughout the world, as well as the present situation of Vietnamese law, which provides solutions and recommendations based on Vietnamese law.

Architecting Hybrid Contract in al-Rahn: A Comparative Study between Malaysia and Indonesia

Nowadays, hybrid contracts are recognized as an adaptive form of contract in the implementation of Islamic business. However, the involvement of hybrid contracts in al-Rahn has risen numerous legal controversies in Islamic Sharia. Malaysia and Indonesia have diffferent approaches regarding the use of hybrid contracts in al-Rahn scheme. In the light of that, this article aims to lay out the two countries’ sides in responding to the issue at hand. This qualitative study relies on secondary data and employs conceptual and comparative approach. It investigates the policies relating to hybrid contract in the implementation of al-Rahn both in Malaysia and Indonesia. This study indicates that academics in both countries tend to state that the hybrid contracts in al-Rahn are not in accordance with the Sharia. The non-compliance with the Sharia prompted Malaysia to create a new policy, namely by utilising the concept of Tawaruq. Meanwhile, Indonesia recently still associates Ijārah contracts as part of the implementation of al-Rahn.

Analisis Perhitungan Retensi Optimal Reasuransi Stop Loss dengan Metode Value at Risk (VaR)

Insurance companies do not cover the entire risk of policyholders. The risk is generally transferred in part to the reinsurance company. Stop loss reinsurance is a form of reinsurance contract where there is a limit on the risk value that can be borne by the insurance company. This value is the retention value or retention limit in the reinsurance contract, which is the maximum risk or insurance value that can be borne by the insurance company. Determining the right retention value is very important. Optimizing the Value at Risk risk measure is one approach in calculating optimal retention. Optimal retention criteria were identified in this research so that optimal retention values ​​could be calculated. This research uses a large claim data sample with the Weibull distribution. Determining optimal retention depends on the distribution of claim sizes and loading factors (additional factors in the insurance policy). With a 95% confidence level, for loading factors of 10%, 15%, and 20%, the estimated optimal retention values ​​are $1,080.56, $1,393.54, and $1,567.20. This means that the risk transferred to the reinsurer is the remaining claim amount, if the claim size exceeds the optimal retention value.

Solving Resource Allocation Problem in Wifi Network by Dantzig-Wolfe Decomposition Algorithm

Online advertising and advancements is a recent trend in marketing technology, in this context we consider a new form of contract which allows advertisers to specify in the Wifi system. Based on the structure of the system, we have to organize and manage resource allocation such that the guaranteed display is satisfied. We introduce a new mathematical model and develop an optimization framework that aims to optimize “fairness” of allocation each campaign over its targeted location. Because of large scale problem, the Dantzig-Wolfe decomposition is proposed for solving it. Dantzig-Wolfe decomposition is a technique for dealing with large scale linear programming and modified to solve linear integer programming, nonlinear programming. Especially, it is used mostly in linear programming when its size is very large, and its structure is appropriate. The technique has been successfully applied in a variety of contexts. In this paper, we introduce a new model of a resource allocation problem in Wifi network and represent Dantzig-Wolfe decomposition for solving this problem by dividing the number of advertisement impressions when users access the Wifi network. The numerical simulation shows the efficiency of our proposed method.

The Determinants of SME Success in the Long Run: An Ecosystem Perspective

ABSTRACT Small and medium-sized enterprises (SMEs) drive economic growth especially in developing countries. Nonetheless, it is empirically challenging to identify the key attributes that predict the long-run success of SMEs. We analyse a detailed nationwide innovation survey of 4,075 companies in Korea, as well as their performance metrics, and demystify the key features that predict outperformance in the long horizon. We draw conditional causal inferences for SMEs by utilizing coarsened exact matching. Both the least absolute shrinkage and selection operator regularization technique and the elastic net method unveil that, among a variety of factors that include innovative activities, government support, and other external factors in the SME ecosystem, in-house research and development (R&D) are the most important factors for the success of SMEs. Government support in the form of product purchase plans or government-wide acquisition contracts also matters for SME success, but the association is transient and short-lived. Hence, accumulating intangible capital by internalizing R&D activities is of the utmost importance for SME success in the long run.

Exploring Fresh Insights in Psychological Contract Research

Extant literature in the psychological contract field has addressed the ramifications of psychological contract breach, much of the evidence is drawn from the West. Perspectives from the Global South are not represented in proportion. The emergence of China and India, etc. to global players signals the criticality of examining the psychological contract in socio-cultural spheres outside the West. The article's contribution is clarifying culture and contexts as critical in theorizing modern inclusive psychological contract, transcending the West. It is found that culture is a key determinant of the form and functioning of the psychological contract in the Global South where allegiance, kinship, social networks impact on the perception and acceptance of employment relations and working conditions, etc. This means that, in many developing country contexts (despite perceived exploitation of workers by global players), there is limited association between psychological contract breach and employee turnover or organizational performance because the ‘divine' helps manage post-psychological breach.

Early modern comparative contract law

Contract law was one of the main subjects discussed in the early modern legal genre of differentiae iuris civilis et canonici (‘differences between civil and canon law’). Similar topics were covered in both late medieval and early modern differentiae – hence this genre offers a good opportunity for comparative historical research dedicated to selected topics of contract law (such as those discussed here: the actionability of bare agreements, stipulation for the benefit of a third party, overreaching in contract formation and the lease of a house to a scholar). An examination of the sources proves that the authors of early modern differentiae applied the comparative method in their works. This involved the presentation of sources and rationales from the two bodies of law, the interpretation of sources and arguments in favour of the solutions offered, references to the then-current legal literature and practice and most importantly the preferred method of reconciliation for conflicting laws.

Understanding Japanese Contract Law — Contract Formation and Interpretation without an Offer and Acceptance Paradigm

Understanding Japanese Contract Law — Contract Formation and Interpretation without an Offer and Acceptance Paradigm

The English Law Doctrine of Frustration in the Context of the COVD-19 Pandemic

This paper examines the extent to which the onslaught of the COVID-19 pandemic has affected the formation and execution of contracts in the United Kingdom. Using the English Law doctrine of frustration, it assesses how far foreseeability plays a role in determining whether contracts are frustrated. It examines concepts such as illegality, impossibility and frustration of purpose as well as case law to see what arguments can be used to support or deny liability for contractual terms. It argues that in many ways, frustration is narrowly constructed. The COVID- 19 pandemic and its aftermath, however, will encourage more creativity as legal systems revisit their provisions to accommodate the changing dynamics of the international system. English law, frustration, foreseeability, illegality, impossibility, frustration of purpose, COVID-19

NFT based Digital Twins for Tracing Value Added Creation in Manufacturing Supply Chains

The globalization of products and markets increases the distance between the origin of products and consumers. This leads to a condition where customers don't have information about the origins of their products. Thus, traceability has become an essential sub-system of manufacturing supply chain management. However, due to globalization and complexity of supply chain interactions among the suppliers and manufacturing enterprises, it is hard to pinpoint the exact contributions of different actors in a supply chain. Integrated supply network structure with suitable visibility and usage of real time data transfer is another area of great importance. This paper focuses on how NFT (Non-Fungible Token) coupled with smart contracts could utilize blockchain to make it easier to track the products in a supply chain. Explaining how NFT's could help in tracking the contributions of different stakeholders in a supply chain by tracking the product throughout the entire process of sourcing, production, and sale by using a digital twin. In a manufacturing supply chain enabled by NFT Technology, whenever raw materials are transferred and processed through the supply chain, an NFT would be attached to its digital twin which will capture the created values. Each NFT can easily and uniquely be known by its data stored. Data would be updated based on real time information and will enable the stakeholders to trace the product information about how much each company has contributed to the produced products. The data stored in the form of a smart contract in the blockchain prevents the data being entered from being destroyed, eliminated, or changed without permission. Thus, there is a secure data flow among different stakeholders.

Application of public-private partnership in smart city projects implementation considering environmental management

The paper presents the "Smart City" pilot project from the point of view of the benefits of public-private partnership for each participant in the joint activity aimed at optimizing urban infrastructure. The role of the state and the private sector in the transformation of the city into a single "smart" system is defined. Indicators of the state's expectations from the implementation of the pilot project are given. The forms of public-private partnership contracts and the degree of their applicability on the example of a concession agreement are considered. The possibility of realization of public-private partnership in certain areas of concession agreements is examined. The probable future of the Smart City project activities after its completion from the point of view of the development of public-private partnership principles is determined. The strategic importance of the Smart City project implementation and, separately, of the PPP principle for the optimization of public relations is revealed.