Delivery Contracts Research Articles

The Study on the Legal Principles on the Delivery Contract of a Ship for a Third Party - Focused on the Supreme Court Decision 2018Da244976 Delivered on August 19, 2021 -

The Study on the Legal Principles on the Delivery Contract of a Ship for a Third Party - Focused on the Supreme Court Decision 2018Da244976 Delivered on August 19, 2021 -

Enhancing Decision Making and Decarbonation in Environmental Management: A Review on the Role of Digital Technologies

As global concerns about climate change intensify, the need for effective strategies to reduce carbon emissions, has never been more urgent. This review paper explores the crucial role of digital technologies (i.e., data automation (DA) and decision support systems (DSSs)) in enhancing decision making and achieving a ZERONET initiative (decarbonation efforts) within the realms of solid waste management (SWM), wastewater treatment (WWT), and contaminated soil remediation (CSR). Specifically, the paper provides (a) an overview of the carbon footprint (CFP) in relation to environmental management (EM) and the role of DA and DSS in decarbonization; (b) case studies in areas of SWM, WWT, and CSR in relation to the use of (i) digital technology; ((ii) life cycle assessment (LCA)-based DSS; and (iii) multi-criteria decision analysis (MCDA)-based DSS; and (c) optimal contractual delivery method-based DSS case studies in EM practices. This review concludes that the adoption of DA and DSSs in SWM, WWT, and CSR holds significant potential for enhancing decision making and decarbonizing EM processes. By optimizing operations, enhancing resource efficiency, and integrating renewable energy sources, smart EM technologies can contribute to a reduction in GHG emissions and the promotion of sustainable EM practices. As the demand for more effective and eco-friendly solutions grows, the role of DA and DSSs will become increasingly pivotal in achieving global decarbonization goals.

Trading electricity using tranched power delivery contracts

ABSTRACT This letter proposes a novel way to apportion real-time renewable generation outputs between diverse token holders, using a novel tranching mechanism. This novel tranching structure is proposed to better manage the unpredictability of renewable power delivery and also as a case study of the exotic new instruments that could be offered in decentralized electricity marketplaces. Under this framework, a wind farm directly sells claims on their future power output in the form of a digital token. The realized generation then offsets the token holders’ electricity consumption in near real-time. Two ways of structuring such forward delivery instruments are considered: a tranched system, where more senior token holders enjoy priority claims on available outputs, as compared against a pro-rata scheme, where the realized generation is equally apportioned between token holders. A notional market simulation is provided to explore how consumers may exploit the distinct power delivery profiles.

Prescription of the Decedent’s Debts, Dating From the Time of Old Austrian Civil Code From 1811 (ABGB) in Slovenia and Croatia

The establishment of the first Yugoslav state in 1918 was, from a legal point of view, the merger of six quite different legal traditions into one common state formation, and did not bring with it immediate legal unification, which was most evident in the field of civil law. Austrian Civil Code (ABGB) of 1811, as an interesting and endurable sub-type of transnational law, governed almost exclusively, with minimal differences, civil law in most of the territory of the present-day Slovenia and Croatia. Its legal rules survived the Second World War and were applied well into the late 1970s, in part even until the enactment of the new Slovene Code of Obligations in 2002 and the Croatian Obligations Act in 2005. However, since ABGB as a source of law has never been definitively abrogated, its legal rules are still applicable for deciding disputes in both countries, even in the case of the liability of heirs for the deceased’s debts, if the related contract of delivery was concluded as far back as 1960.

Evaluation of possibilities of fulfillment of customer requirements as an element of end-to-end management of enterprise business processes

Aim. Improvement of the enterprise business processes management by offering methodical tools for assessing the possibilities to fulfill customer requirements before concluding a contract for product delivery / service provision.Objectives. To analyze the existing approaches to the management of enterprise business pro- cesses in the scientific literature; to determine the control points of end-to-end management of business processes; to consider the peculiarities of the application of qualitative and quan- titative types of risk analysis; on the basis of the conducted research to develop a methodology for assessing the possibilities of meeting customer requirements at the enterprise.Methods. The article considers the methodology of assessing the possibilities of fulfillment of customer requirements as an element of end-to-end management of business processes at the enterprise. With the help of general scientific and special economic and statistical methods, such as analysis, synthesis and comparison, the key control points of the business process man- agement system, where different management approaches to risk analysis are applied, are de- termined. The trends characteristic of the current state and development of risk analysis methods are highlighted, their advantages and disadvantages are established. Systemic and complex approaches are applied to the studied phenomena and processes. Results. In the process of the conducted analysis the deficit of attention to the application of methods of business process risk management at the stage of pre-contract work was found out. Within the framework of the concept of risk-oriented thinking, which is at the heart of modern management systems, the article highlights the applied approaches to risk analysis, the algorithm of realization of expert risk analysis at the enterprise is proposed, the types of requirements used for evaluation are defined. The indicator of feasibility of customer require- ments at the enterprise is calculated, the criteria for making a management decision based on the results of the assessment are revealed, The variants of auxiliary documentation developed in the course of the assessment are given. Thus, the developed methodology acts as a control point at the initial stage of realization of the algorithm of end-to-end management of business processes of the enterprise.Conclusions. The proposed methodological toolkit for assessing the ability to fulfill customer requirements is a preventive measure to eliminate risks before the delivery of products / ser- vices. The procedure and peculiarities of the methodology application are given on the example of analyzing the level of feasibility of the customer’s requirements of the gas industry com- pany, Realizing the service of construction of main gas pipelines and compressor stations. The developed methodical toolkit allows to increase the level of quality of realization of business processes and the degree of their transparency, to provide more balanced management decisions, to improve conditions for contract conclusion, to reduce the number of discrepancies in the activity of enterprises of gas and other industrial branches.

PROSPECTIVE DIRECTIONS OF REFORMING THE ORGANIZATIONAL STRUCTURE OF MANAGEMENT AT SMALL AND MEDIUM-SIZED BUSINESS ENTERPRISES UNDER CONDITIONS OF ECONOMIC RECOVERY

The methodological and applied recommendations for reforming the organizational structure of management at small and medium-sized enterprises under conditions of the Ukrainian economy revival are substantiated. The etymological meaning of the scientific categories «organizational management structure», «management structure», «production structure» and «organizational structure» has been clarified. The main types of organizational structures of enterprise management are summarized. The author's version of the internal structure of the Logistics Department and the HR Department at small and medium-sized business enterprise is recommended in the medium term (for the next 2-3 years) and the functional specialization of their specialists is specified. Within the proposed Logistics Department, the expediency of creating the positions of Supply and Sales Manager, Marketer, Logistician, Chief Mechanic of the Motorcade and Warehouse Manager is substantiated. As part of the improved internal structure of the HR Department, the author recommends the creation of the Sector of Personnel Records, the Planning and Labor Organization Sector, the Social Development Sector, the Payroll Sector and the Personnel Evaluation Sector, and clarifies the functional tasks of the heads of these sectors. In order to implement elements of network and virtual organization in small and medium-sized businesses enterprise in a strategic perspective, measures to reform their organizational management structure are systematized. The expediency of applying a comprehensive approach to the development of combined forms of the organizational management structure at enterprises is substantiated. The author substantiates the expediency of applying a comprehensive approach to the development of combined forms of the organizational management structure at enterprises by opening their own call centers, creation of electronic offices at the management apparatus, formation of databases of regular customers, issuance of discount cards for the purchase of products, and entering into contracts for courier delivery of products through mobile applications.

Taxation Of Permanent Establishments In Epc Contracts The Emerging Trends, Rulings, And The Way Forward- Issues Arising And Judicial Views Under Direct Taxes -An Indian Perspective

The importance of taxation of EPC contracts is critical from the point of view of both the Indian economy, for the contribution it makes to economic growth and development. An EPC contract is composed of two parts Activities done outside the country and Onsite- performed within the country. It involves the participation of many international players, who bring different skill sets, with a separate specific scope, woven into an umbrella contract for the final delivery of a project to the customer, there is a tendency for the taxman to try and tax the contract – treating it mainly as a single, turnkey contract, while the taxpayer tries to reduce the outcome of taxable income. The various motives involved on the part of the taxpayer to reduce the obligations on tax liability to a minimum level, using different arrangements, structures, sub-contracts, split contracts to subsidiaries, and third-party entities in developing countries are carefully thought out using special tax counsel. The study is exploratory and also examines the past studies in motives, key factors influencing the structure of entity to sub-contract, and rulings by the judiciary at various forums like ITAT, High Court, and Supreme Court and examines the various factors which had determined the decision, as to how it will influence the future of taxation of EPC contracts, with post-BEPS effects and the economy going digital too. The cases involving EPC contracts, the different types of PEs arising in the process, motives to save taxes, reasons for employing SPV structures, the role played by governance, tax counsel and then examine the court cases in the Indian scenario, and draw conclusions as to how it will be going forward in future.

Implementing circular economy principles in infrastructure procurement to support circular supply chains

PurposeThe aim of this paper is to study the procurement of infrastructure through the lens of circular economy (CE) principles to achieve contractual delivery methods which promote circular supply chains.Design/methodology/approachThis paper provides an analysis of the key concepts related to the research topic based on a review of recent academic literature. Moreover, based on the empirical and academic experience of the authors in the infrastructure industry, there are multiple actionable discussion points which are raised. However, the research for this paper was undertaken with a focus on literature rather than direct observations and empirical research, which may limit discussion to scholarly rather than practical applications.FindingsThe paper finds that CE principles can be leveraged to capture additional economic benefit in the infrastructure industry. In addition, there are specific project delivery methods which may act as workable practices towards more circular supply chains.Originality/valueThe value of this paper is in the CE-related suggestions the paper provides to procurement practitioners. This work also attempts to link contractual procurement with tangible outcomes across the project lifecycle, including operation and end of life (EOL) of the infrastructure asset.

Abstracts 13th PCNE Working Conference “Pharmacies' new roles in pharmaceutical care: bridging research and practice”

Abstracts 13th PCNE Working Conference “Pharmacies' new roles in pharmaceutical care: bridging research and practice”

Critical Factors Influencing Adoption of Blockchain-Enabled Smart Contracts in Construction Projects

Construction projects are premised upon contractual arrangements, and contracts constitute the basis of their success. A contract enables execution of work and transfer of payments, tracking of key performance indicators, and facilitation of collaboration among project stakeholders. Historically, construction projects have faced critical challenges due to poor alignment between clients’ expectations, contract terms, and contractor performance. The advent of advanced digital technologies under the concept of Industry 4.0 has the potential to benefit construction projects through application of blockchain-enabled smart contracts. However, the adoption of smart contracts in construction projects is in its early stages, and the factors that will influence its adoption remain unclear. Therefore, this study aimed to explore and establish the critical factors influencing adoption of smart contracts in construction contractual arrangements. This study administered an international questionnaire survey among experienced construction practitioners with involvement in smart contract initiatives and activities. The results obtained from descriptive statistics and fuzzy set-based analysis show that trialability, relative advantage, competitive advantage, and compatibility of smart contracts are the important predictors of the adoption of such contracts. The findings suggest that practitioners share a view that technological characteristics of blockchain-enabled smart contracts are critical to their adoption, regarding the technology’s perceived practicality in improving effectiveness and efficiency of construction projects. This study contributes to technology diffusion research in construction and highlights drivers that require practitioners’ and industry leaders’ attention to ensure successful adoption of smart contracts for cost-effective delivery of construction projects.

Visualization of blockchain-based smart contracts for delivery, acceptance, and payment process using BIM

Building Information Modeling (BIM) provides an excellent opportunity to digitally document and visually display construction projects’ information throughout their whole lifecycle. Another recent technology that fosters the digital transformation of the construction sector is blockchain-based smart contract. In combination with BIM models, such smart contract can be used for delivery, acceptance, and payment (DAP) process automation in the construction industry. The DAP process can be modelled by using smart contracts and securely stored via a blockchain. Since smart contracts are programming codes, for stakeholders it is difficult to understand what is exactly written in them. Therefore, it is necessary to visualize the state and executed transactions of the deployed smart contracts. In this paper, a framework is highlighted to record and visualize the status of the DAP processes by combining BIM with smart contracts using the Business Process Model and Notation (BPMN) to develop a smart contract system. With the help of suitable visualization concepts, the individual transactions of the blockchain can be displayed in a comprehensible way. The feasibility of the framework is presented through an illustrative implementation of the smart contract system. The proposed framework can help project participants better understand the current state of a smart contract.

Intermittency and electricity retailing: An incomplete market approach

We analyze the integration of intermittent renewables-based technologies into an electricity mix comprising of conventional energy. Intermittency is modeled by a contingent electricity market and we introduce demand-side flexibility through the retailing structure. Retailers propose diversified electricity contracts at different prices, but in an insufficient number to cover intermittent production. These delivery contracts are modeled similarly to numeraire assets. We study the competitive equilibrium of the state-contingent wholesale electricity markets and the delivery contract markets. We also provide an analysis linking the delivery contracts to social welfare. Finally, we discuss the conditions under which changing the delivery contracts improve penetration of renewables and increases welfare. These provide useful insights for managing intermittency and achieving renewable capacity objectives.

Repeated contracting without commitment

I study a dynamic model of monopoly sales in which a monopolist without commitment power interacts with a consumer whose valuation is private. I characterize equilibria of this game and show how the seller's strategy varies with initial beliefs. I find that the seller's payoffs under spot contracting can be higher than under commitment with renegotiation and that random delivery contracts can improve payoffs beyond posted prices.

Integrated Project Delivery Contract Model in Supporting BIM-Based Construction Projects

Integrated Project Delivery Contract Model in Supporting BIM-Based Construction Projects

Legal Actions Against Default in the Delivery of Goods Agreement at PT On Time Express Branch Office Bali

On Time Express is a foreign investment company engaged in land, sea and air transportation services. Also called financing companies for goods delivery services, namely business entities outside banks and non-bank financial institutions that are specifically for carrying out economic activities in delivering goods and services. The work contract system is implemented based on the principle of trust as a service provider, a standard agreement is written based on the principle of freedom of employment contract made by PT. OnTime Express. That is, both parties, both service providers and consumers, together and agree to make a work contract agreement. But in reality, the work contract agreement as a service provider in its operations is not uncommon for problems that arise due to unexpected results between the parties. The consumer is unable to fulfill the contents of the agreement as agreed in the initial agreement resulting in a breach of contract. This must be resolved to maintain a good relationship and balance between rights and obligations according to the mutually agreed agreement. The purpose of this paper is to provide accountability for consumers and understanding in resolving violations of employment contract issues. This paper was written using empirical methods and data analysis techniques that are descriptive analytical. Based on research on the contract of delivery of goods, there are still many contract violations in PT. On Time Express by consumers. Most of the breaches of contract issues are resolved by non-litigation methods, which are negotiation and mediation.

PERISTILAHAN ADAT PERNIKAHAN PADA MASYARAKAT MADURA DI WAJOK HILIR, KABUPATEN MEMPAWAH

Abstract The study of the Madurese Traditional Marriage Terminology in Mempawah in WajokHilir Village has three traditional processions that must be carried out by the bride and groom and their families. First, the pre-wedding procession which consists of five traditional processes that must be carried out, namely; (1) ngangane, (2) arabe fence, (3) nyabe' snack, (4) teketpetton, and (5) nyedektemo. After carrying out the pre-wedding rituals or traditional traditions, the second procession is followed by a wedding procession. In the wedding procession, there are four traditional processions that the bride and groom must undergo, namely; (1) arepbe, (2) bereskoneng, (3) contract, and (4) delivery of the weakest delivery. Then the third or final procession is the post-wedding procession. In the postwedding procession, the bride and groom are required to carry out the traditional cenglanceng ritual, the ritual is a closing ritual. In the cenglanceng ritual, the bride and groom carry out a slametan procession or salvation for the marriage that has been carried out and hope that the marriage can get safety and happiness in building a household. Keywords: Terminology, wedding, Madura community,

Friends with benefits: the emergence of the Amsterdam–Rotterdam–Antwerp (ARA) polycentric port region

ABSTRACT This paper enacts a dialogue between planning literature on polycentric urban regions (PUR) and port geography literature on multi-port gateways. The main proposition is that polycentric systems are the emergent outcome of the interactions between three dimensions of polycentricity: morphological, functional and institutional. The focus is on the Dutch–Belgian Amsterdam–Rotterdam–Antwerp (ARA) port–industrial region: one of the world’s largest concentrations of oil refining and petrochemical activity. The central question is to what extent is the ARA region a polycentric system and what explains this observed polycentricity? Our analyses demonstrate a high degree of morphological and functional polycentricity with each of the constituent (firms located in) ports connected through flows and specialization in processing and trading oil (products). However, this is not the intended result of formalized spatial planning, nor did the ARA ever became a frame of reference among planning agencies. Rather, it is the result of self-organization in the oil industry that has culminated in the emergence of the ARA as an internationally recognized spot market, later institutionally formalized in delivery contracts (oil futures) traded on international commodity exchanges. We conclude that polycentric systems could be understood as emergent systems that obtained generative capacities, in turn influencing its different constituting dimensions.

УСЛОВИЕ О КАЧЕСТВЕ ТОВАРА, ОПРЕДЕЛЯЕМОЕ КОНКРЕТНЫМИ ЦЕЛЯМИ ПРИОБРЕТЕНИЯ ЕГО ПОКУПАТЕЛЕМ: АНАЛИЗ СИСТЕМНОСТИ ПРАВОПРИМЕНИТЕЛЬНОЙ ПРАКТИКИ

One of the criteria for determining the requirements for the quality of the product is the specific purpose of the purchase of the product, which the buyer informs the seller. Meanwhile, there is legal uncertainty on the issue of assigning the risk of adverse consequences to the parties to the contract of sale, when the buyer wants to purchase the goods for specific purposes that do not correspond to the objective purpose of the goods, and having received full information about the goods, being notified of obstacles to the use of the goods for the designated purposes, insists on its transfer to ownership. In this regard, the authors investigate the ways of notifying the seller about the specific purposes of the purchase of goods by the buyer, the conditions for the obligation to transfer the goods, the quality of which corresponds to such purposes, in the system of relations arising from such types of sales contracts as retail sales contracts and delivery contracts. Based on the analysis of legislation and materials of judicial practice, the problems of applying the provisions of paragraph 2 of Article 469 of the Civil Code of the Russian Federation, paragraph 3 of Article 4 of the Law of the Russian Federation of 07.02.1992 N 2300-1 «On Consumer Rights Protection» are highlighted. Based on the results of the work, the authors have developed practical proposals and recommendations for improving the legislation.

Blockchain Trading of Tokenized Electricity Using Tranched Power Delivery Contracts

Blockchain Trading of Tokenized Electricity Using Tranched Power Delivery Contracts

Fundamental Responsiveness in European Electricity Prices

We estimate fundamental pricing relationships in selected European day-ahead electricity markets. Using a fractionally integrated panel data model with unobserved common effects, we quantify the responsiveness of hourly electricity prices to two fundamental leading indicators of day-ahead markets: the predicted load and renewable generation. The application of fractional cointegration analysis techniques gives further insight into the pricing mechanism of power delivery contracts, enabling us to measure the persistence of fundamental shocks.