Contract Rules Research Articles

The End of the Crimean Consensus: How Sustainable are the New Trends in Russian Public Opinion?

Abstract Since Russia’s takeover of Crimea in 2014 Russian public rallied around the flag and public opinion entered a relatively static state often called the “Crimean consensus”. The presidential elections of 2018 became a turning point in the dynamics of public opinion. Sociological data from that period reveals growing anti-establishment sentiments, demand for change, social justice, a peaceful foreign policy, and civic activism. To analyze these changes the study combines data from four rounds of focus groups with sociological surveys on the maturity of moral values and the perception of institutional injustice, conducted during 2018–2020. All sources of our sociological data demonstrate, that the main changes are associated with post-materialist values: demand for the rule of law, political rights and civic engagement prevails over concerns about basic consumption and material inequality. The data also reveals a value related rift between the ruling elites and the population. Whereas the population increasingly demands the rule of law and/or social contract, the ruling class, as the respondents perceive it, remains guided by interpersonal dealings and conformism. The essential role of post-materialist values in defining the new social agenda implies that the ongoing changes are not temporary and reversible but reflect a more fundamental process of transition to postmaterialist value system. However, given a short period of observations the available evidence is not fully conclusive. Data from the new round of European values study expected to be released before the end of 2020 can help clarify the dynamics of value change in Russia and its possible influence on the recent evolution of public opinion.

Default vs. Active Choices: An Experiment on Electricity Tariff Switching

In distinct decision environments,consumers often fail to financially optimize their decisions. In liberalized electricity markets, consumers frequently do not optimize their electricity choices and stick with the default providers instead, despite the ability to choose among an increasingly large set of electricity suppliers and benefit from lower cost options. In this paper, we study the effect of different contextual features of the choice environment (i.e., default and active choice enforcement) and search costs (i.e., high and low) on the quality of electricity contract choices, with the help of a randomized controlled laboratory experiment. We provide evidence that the default contract rule lowers the decision quality compared to the active decision rule in both search cost environments. Default rules lower the quality of contract choices especially for the individuals with lower cognitive ability. Contrary to the expectations, we observe that the number of alternatives has no effect on the quality of electricity contract choices. Our findings have important implications for regulatory rule setting in the electricity market.

Nelson’s logic 𝒮

AbstractBesides the better-known Nelson logic ($\mathcal{N}3$) and paraconsistent Nelson logic ($\mathcal{N}4$), in 1959 David Nelson introduced, with motivations of realizability and constructibility, a logic called $\mathcal{S}$. The logic $\mathcal{S}$ was originally presented by means of a calculus (crucially lacking the contraction rule) with infinitely many rule schemata and no semantics (other than the intended interpretation into Arithmetic). We look here at the propositional fragment of $\mathcal{S}$, showing that it is algebraizable (in fact, implicative), in the sense of Blok and Pigozzi, with respect to a variety of three-potent involutive residuated lattices. We thus introduce the first known algebraic semantics for $\mathcal{S}$ as well as a finite Hilbert-style calculus equivalent to Nelson’s presentation; this also allows us to clarify the relation between $\mathcal{S}$ and the other two Nelson logics $\mathcal{N}3$ and $\mathcal{N}4$.

The General Rules of Contracts and the Rules of Anti-avoidance and Anti-evasion Paying Taxes (Tax Fraud)

The General Rules of Contracts and the Rules of Anti-avoidance and Anti-evasion Paying Taxes (Tax Fraud)

Quranic rules in contracts and financial actions and their impact on the individual and society

Quranic rules in contracts and financial actions and their impact on the individual and society

Section 7 of the BC Power of Attorney Act: what does it say and why does it say it?

Abstract For a very long time, the common law has provided that an agent does not have the authority to sign a sealed document on behalf of the agent’s principal unless the principal granted authority to the agent to do so under seal. It also provides that an agent who enters into a sealed contract becomes a party personally to the contract and the principal is not a party to the so-called sealed contract rule. This article suggests that both common-law rules have been overtaken by certain legislative provisions in force in British Columbia (BC). In particular, the second rule may not have been in force in the UK since the coming-into-force in 1881 of the Conveyancing and Law of Property Act, the operative part of which has been enacted in BC, various states of Australia, New Zealand and various other Commonwealth countries. The article goes on to suggest that the one UK decision relied on by a leading textbook in support of the continuing validity of the sealed contract rule is not a valid authority on that point.

A note on the system GRW with the intensional contraction rule

Abstract In Ilić and Boričić (2014, Log. J. IGPL, 22, 673–695), the right-handed cut-free sequent calculus $GRW$ for the contraction-less relevant logic $RW$ is defined. In this paper, we show that the enlargement of the system $GRW$ with the structural rule of intensional contraction (WI) presents the sequent system for the principal relevant logic $R$ but the rule of cut cannot be eliminated in $GRW+$(WI).

New rules for employment contracts from April 2020 - are you ready for them?

New rules for employment contracts from April 2020 - are you ready for them?

CONTRACTS, ILLEGALITY AND COMITY: RALLI BROS REVISITED

AbstractThere has always been considerable uncertainty about the nature and scope of the rule by which contractual performance is excused if illegal in the place of performance, even though performance would not be illegal by the contract's governing law. This article revisits the so-called “Ralli Bros rule” and looks at how the scope of the rule has been developed and its nature misunderstood. It argues that the rule is neither a choice of law rule nor part of the rules discharging a contract for frustration but is instead a public policy rule favouring judicial abstention for reasons of comity. This has implications for how the rule interacts with the choice of law rules for contracts under the Rome Convention and the Rome I Regulation.

Loop-Type Sequent Calculi for Temporal Logic

Various types of calculi (Hilbert, Gentzen sequent, resolution calculi, tableaux) for propositional linear temporal logic (PLTL) have been invented. In this paper, a sound and complete loop-type sequent calculus $$\mathbf{G} _\text {L}{} \mathbf{T} $$ for PLTL with the temporal operators “next” and “henceforth always” ( $${\mathbf{PLTL}}^{n,a}$$ ) is considered at first. We prove that all rules of $$\mathbf{G} _\text {L}{} \mathbf{T} $$ are invertible and that the structural rules of weakening and contraction, as well as the rule of cut, are admissible in $$\mathbf{G} _\text {L}{} \mathbf{T} $$ . We describe a decision procedure for $${\mathbf{PLTL}}^{n,a}$$ based on the introduced calculus $$\mathbf{G} _\text {L}{} \mathbf{T} $$ . Afterwards, we introduce a sound and complete sequent calculus $$\mathbf{G} _\text {L}{} \mathbf{T} ^\mathcal {U}$$ for PLTL with the temporal operators “next” and “until”.

Bus driver scheduling enhancement: a derandomizing approach for uncertain bus trip times

The bus driver scheduling problems aim to optimally deploy drivers to fulfil published timetables for bus services subject to drivers’ contractual working rules. In this study, we first develop an integer linear programming model for a practical driver scheduling problem. We proceed to formulate another integer linear programming model for the driver scheduling enhancement to incorporate with uncertain bus travel times, which are addressed by an effective derandomizing approach. Moreover, the lower and upper bounds of the developed models are investigated by using the Lagrangian problems with which the solution quality can be evaluated. To assess the efficiency and applicability of the developed models, we conduct a case study based on historical operational data of the bus route #95 in Singapore. Finally, we perform a necessary sensitivity analysis of the bus fleet size and driver workload on the bus driver scheduling problems to identify some valuable managerial insights.

Employment protection and gender wage gap in Europe

In this paper we investigate gender wage disparities in 25 EU countries before and after the crisis, focusing on the role employment protection legislation played in shaping the gap across the wage distribution. Results of quantile regressions reveal a remarkable cross-country diversity in the size of the gap and confirm the widespread existence of glass-ceiling effects. Stricter rules for temporary contracts mitigate the gender gap, especially at the top of the distribution; stronger protection for permanent workers is found to increase the gap at the bottom of the distribution and to decrease it at the middle and at the top.

The regulatory structure and governance of forensic accountancy in the emerging market: Challenges and opportunities

Forensic accounting is a rather vague term that combines the investigative role with the adversarial role of accountants (Botes & Saadeh, 2018). Jordan lacks regulatory provisions for forensic accountants. Nevertheless, the profession is indirectly exercised in Jordan without giving special legal attention to such job title. Consequently, forensic accounting services are performed with minimal service quality from those who are not specialists in the field. Since forensics accountant involves to assist in legal matters (Arslan, 2020), this research examines the available regulations, standard laws, and codes of conduct that might guide a forensic accountant in performing forensic accounting services in Jordan. Furthermore, this article investigates the applicability of the general rules of contract and tort law in addition to the Companies Act in order to provide adequate protection for forensic accountants in Jordan. As far as the authors are aware, the issue of forensic accounting in Jordan has not been researched comprehensively in a theoretical and institutional fashion before from technical and legal standpoints. This article represents the first attempt to examine the issues arising in this difficult and important subject, and the findings of this research can serve as a prototype for other Arab and developing countries.

The Principle of Appropriate and Proportionate Remuneration of ART.18 Digital Single Market Directive: Some Thoughts for Its National Implementation

Directive (EU) 2019/790 of 17 April 2019 on Copyright and related rights in the Digital Single Market [DSMD] has taken a significant step towards improving fair remuneration of Authors and Performers across the EU, by establishing a set of harmonized mandatory principles and rights to strengthen their contractual position. Now, it is up to Member States to complete this job by implementing them in national laws. Member States must ensure that Authors and Performers effectively obtain fair remuneration for the exploitation of their works and performances. To that end, Member States must rely on a variety of mechanisms at their disposal. Statutory contract rules (already existing in most national laws) are necessary, but not enough. Sectorial collective bargaining, where available, may help define minimum remuneration schemes as well as other rules for the enforcement of the transparency, contractual adjustment, alternative resolution and revocation provisions mandated by the DSMD. However, conditions for a successful negotiation and enforcement of collective bargaining agreements are only a reality in a handful of countries and for specific sectors and, even then, with a limited scope (affiliated members and new productions). Statutory residual remuneration rights, granted by law as unwaivable (and inalienable) rights to receive remuneration subject to collective management (mandatorily, if necessary) and paid by users/licensees remain the best mechanism to secure effective fair remuneration for Authors and Performers, especially in the audiovisual and music sectors. Residual remuneration rights, retained by Authors and Performers after transferring their exclusive rights to producers, are in compliance with EU acquis and international instruments. They neither “duplicate” the transferred exclusive right nor “substitute” it for a statutory license. Residual remuneration rights are “merely” a statutory mechanism to secure that Authors and Performers receive fair remuneration for the transfer of their exclusive rights to Producers, especially when dealing with specific means of exploitation which - due to contractual and/or factual circumstances - are not conducive to provide fair remuneration for them. The principle of fair remuneration in Art.18 DSMD not only confirms the important role of national legislators in securing that goal, but obliges them to explore and implement the full potential of these several mechanisms, adjusting them to different sectors as necessary. Let’s hope national legislators successfully complete the important task started by the Directive.

The Legal Envelope Theorem

Non-tax legal rules regulating the workplace, the financial sector, real property, and many other areas affect the ability of governments to collect revenues and provide public goods. Yet tax-collection considerations rarely enter into economic analyses of non-tax legal rules. Usually, tax-collection concerns are shunted aside to separate studies (and separate law-school courses) rather than being integrated into debates in non-tax spheres. This separation between non-tax legal rules and tax-collection considerations bears significant negative consequences for the ability of law and economics to generate descriptively accurate and normatively attractive accounts of important non-tax legal questions. This Article takes a step toward remedying that oversight. We present an analytic framework for understanding the interaction between non-tax legal rules and tax collection. This framework—which we call the Legal Envelope Theorem—demonstrates that legal rules should systematically deviate from simple notions of efficiency to take stock of tax effects. We then provide a series of examples applying the Legal Envelope Theorem, illustrating how the non-tax legal system ought to be (and, on occasion, actually is) designed with tax effects in mind. These examples range from parental-leave mandates to bank capital requirements to centuries-old property and contract rules regularly taught in introductory law-school courses. We illustrate how a framework that is attentive to tax-collection considerations can enhance the government’s capacity to redistribute resources and address wealth inequality.

Analysis of Decision to Work of Female Workers in Indonesia

This study analyze the influence of demographic, social, and economic characteristics on the decision to work of female workers in Indonesia. Based on the data of the National Labor Force Survey (Sakernas) August 2017, this study is conducted by using multinomial logistic regression method to achieve the objective. The result shows the characteristics of demographic, social, and economic have significant effect on the decision to work of female workers in Indonesia. Female workers tend to work in tertiary sector than primary sector. This finding is in line with the trend of increasing female workers in the tertiary sector which is one of the factor that influence the shift in economic structure in Indonesia. Another finding is that the increase of wage reduce the probability of female workers to work in the secondary sector. This condition is probably related to the existence of rules of minimum wage and work contract which bind female workers in the secondary sector, especially in large and medium industrial sector.

Responsibility and its Avoidance: The Case of Aid

What is good practice in aid administration? This article, based on thereflections of an insider practitioner, finds that unequal relationshipsbetween donor and recipient and the ambiguous nature of aid as a giftbetween one country and another, creates a complexity that is difficult tonegotiate in practice. A key finding is that neither market nor administrativerationality fit the needs of the exchange, although the rules of aidadministration feature both. Instead, a third logic; the ambiguous sociallogic of the gift, creates opportunities for practitioners of good intent oneither side to go beyond the contract obligations or rules of office toovercome negativities and achieve positive outcomes. At project level this toadvocate a role for the mutuality of friendship that both administrativenorms and market theory disallow as dangerous. At intergovernmentallevel, inequality persists in ways that are not masked by the language ofpartnerships that now pervades aid administration. The paper concludeswith the thought that this may change, as will the nature of aid, ascountries North and South negotiate a shared destiny in a warming World.

Günter Frankenberg, Comparative Constitutional Studies: Between Magic and Deceit†

Few fields of legal study are as introspective as comparative law. It is fairly obvious that scholars would try to analyze and elaborate the rules of contracts, succession, or administrative law. Those subjects affect people every day. It takes some thinking, on the other hand, to figure out why anyone should care about how and why German and Canadian judicial qualifications differ. In fact, a hefty chunk of comparative law scholarship concerns, well, comparative law scholarship.1 Comparative constitutional law—a relative latecomer to comparative study—contributes at least its fair share to this literature.2 For many years, Gunter Frankenberg has been an important participant...

Noncontractive Classical Logic

One of the most fruitful applications of substructural logics stems from their capacity to deal with self-referential paradoxes, especially truth-theoretic paradoxes. Both the structural rules of contraction and the rule of cut play a crucial role in typical paradoxical arguments. In this paper I address a number of difficulties affecting noncontractive approaches to paradox that have been discussed in the recent literature. The situation was roughly this: if you decide to go substructural, the nontransitive approach to truth offers a lot of benefits that are not available in the noncontractive account. I sketch a noncontractive theory of truth that has these benefits. In particular, it has both a proof- and a model-theoretic presentation, it can be extended to a first-order language, and it retains every classically valid inference.

Conceptualising Social and Economic Regulation: Implications for Modern Regulators and Regulatory Activity

The importance of regulation has risen over the past 40 years. It has been central to economic growth as well as an important part of social progress. Whilst governments have progressively tended to become less involved in direct service provision, regulation has become an expanding part of their work and a policy preference. Governments are increasingly using a mix of contractual arrangements, rules and other regulatory tools to achieve a range of social and economic objectives. Independent regulators are also increasingly required to balance sometimes contradictory social and economic values. This article examines the extent to which traditional conceptions of social and economic regulation continue to provide a useful framework within which to analyse modern regulators and regulatory activity, and concludes that they no longer reflect what occurs in practice with the risk that their continued use is apt to confuse. The article then posits an alternative way of conceptualising economic and social regulation that better reflects modern regulatory practice - one in which all regulation is underpinned by a mix of interconnected and interdependent social and economic values; where the distinction between social and economic regulation resides in the primacy of the values each is designed to advance and the purpose each is designed to achieve; and where the presence of the other (non-primary) values play a crucial role in legitimising the regulatory endeavour. This later point - which has not always been acknowledged - has important implications for modern regulators and regulatory activity.