Contract Conditions Research Articles

A Corpus-based Study on Chinese Translation of the Be-Passive in Conditions of Contract for EPC/Turnkey Projects

A Corpus-based Study on Chinese Translation of the Be-Passive in Conditions of Contract for EPC/Turnkey Projects

Collaboration between Australian peak bodies and governments in the context of the COVID‐19 pandemic: New ways of interacting

AbstractPeak bodies (“peaks”) are funded by Australian governments to fulfil a multifaceted role, including presenting a collective voice to government on behalf of their nongovernmental service provider members and the vulnerable client populations they serve. However, the relationship between peaks and governments has been fraught, with governments imposing contractual conditions in exchange for funding, thereby constraining advocacy. During the COVID‐19 pandemic, the nongovernmental sector provided vital services, including care and support for children and families, and dispensed emergency funding through their service networks. This research investigates engagement between peak bodies and governments during the COVID‐19 pandemic in 2020–2021. Nineteen CEOs and senior executives were interviewed from 16 peak bodies. Additionally, 27 surveys were completed by peak and nongovernmental sector representatives. Interview transcripts were coded using NVivo and thematically analysed. Four types of interactions between government and peak bodies were identified: collective leadership; partnership; advocacy to influence; and advocacy designed for public pressure. These four types of interactions formed a public advocacy continuum. In some Australian jurisdictions, the study showed that collective and partnership mechanisms between peaks and government were strengthened or revived, yet sustained work will be needed to entrench these positive developments in a postcrisis environment.

Rework causes classification model with liable parties of the contract in construction projects

Rework is an interesting topic in the contract management of construction projects. An effective way of improving performance on construction projects is to manage rework. However, managing rework is challenging because of the dynamic nature of construction activities. A rational starting point is the identification of the root causes of rework then a framework for its management can be developed for improving construction performance. This paper reviews rework-related studies in the construction industry through a critical review of literature to investigate the main causes of rework in the construction contracts. A content analysis of the previously proposed classification methods for rework revealed that all rework causes could be grouped under various project stages. The causes of rework also could be ascribed to different project parties. However, previous studies have suggested various categories of rework, there is no commonly used classification model for rework causes in construction contracts. The current study proposes a model in three levels to address this gap. The developed model categorised rework causes in five constructs linked to three main stages of the project under two liable contract parties. The study findings show that the procurement stage has fewer categories of rework causes than design and construction. The result also reveals that the involvement level of contract parties in rework occurrence can be investigated in contract documents. Thus, this paper suggests further research in procurement stage to address rework causes in the contract conditions.

Implementation of open dialogue in Germany: Efforts, challenges, and obstacles.

The Open Dialogue (OD) approach has been implemented in different countries worldwide. OD not only depends on therapeutic principles but also requires a distinct set of structural changes that may impede its full implementation. In Germany, OD is currently practiced in different mental health care settings across the country. Yet, full implementation of OD principles is limited due to the extreme structural and financial fragmentation of the German mental health care system. With this as a background, the aim of this study was to investigate the efforts, challenges and obstacles of OD implementation in Germany. This article presents the German results from the international HOPEnDIALOGUE survey, supplemented with expert interview data. Thirty eight teams currently providing OD took part in the survey. Sixteen expert interviews were carried out with stakeholders from various care settings. Survey data were analyzed descriptively and the qualitative data were evaluated using a thematic analysis approach. While having to adapt to the fragmented German health care system, OD has been mainly implemented from outpatient service providers and stand-alone services. About half of the teams implemented OD under the conditions of cross-sectoral model contracts and, thus, are considerably limited when it comes to OD implementation. Altogether, OD is not implemented to its full extent in each of the institutions surveyed. Similarly, the expert interviews revealed various challenges that mainly relate to the realization of OD's structural principles, whereas the implementation of its therapeutic benefits remains less affected. However, these challenges have managed to lead to great commitment by single teams and a certain level of implementation of OD-related concepts. OD in Germany can currently only be fully implemented under the cross-sectoral care model contract system that is often temporary, thus significantly hindering its continuous development. Any evaluation of OD's effectiveness in Germany thus needs to take into account the fragmented nature of the country's health care system and control for the multiple barriers that impede implementation. Reforms of the German health care system are also urgently needed to create more favorable conditions for the implementation of OD.

THE RELEVANCE OF MISYĀR MARRIAGE TO NIGERIAN MUSLIMS

Misyār (marriage of convenience) fulfils all the conditions of marriage contract in Islam except that certain conjugal rights are willingly obliterated by the couples. Though, the evolution of misyār in certain civilizations has inextricably invited contentions among Muslim scholars, the relevance of the practice in Nigeria is a thing of concern considering the level of poverty in the country and the fear of its being abused. The study explores scholastic opinions on the lawfulness and benefits of the marriage with a view to assessing its feasibility and relevance within the Nigerian environment using a combination of historical and descriptive research methods. Findings revealed that misyār, though with its advantages, is delicate to practice in Nigeria because it is vulnerably opened to abuse, and it therefore becomes the responsibility of Muslim scholars in the country to rather mature their thoughts and educate the ummah on the circumstances that could necessitate the practice and the limitations to its practicability.

Guidelines for Mapping Rework in the Contract Conditions of Construction Projects

Guidelines for Mapping Rework in the Contract Conditions of Construction Projects

Legal regulation of employee internship as a manifestation of labour mobility

In the article, the author proves that an internship can manifest an employee’s labour mobility when it is carried out within the framework of employment relations as a qualification improvement, additional activity, and flexibility of the employee in professional development and growth. Internship of employees is carried out with the aim of gaining practical experience of the person in the performance of production tasks and duties at the workplace at the enterprise after theoretical preparation before starting independent work under the direct supervision of an experienced employee. The internship is also one of the components of high-risk employment, and can also be the basis for obtaining a permit (certificate, license, etc.) to carry out a certaintype of professional activity.
 The article establishes that a special legal mechanism for internships is provided for employees of certain categories, for example, for civil servants, academic staff and pedagogical employees, etc.
 It was determined that the purpose of the internship is for a person to gain practical experience in performing tasks and duties at the workplace before starting independent work under the direct supervision of an experienced specialist or already in the process of working with the aim of expanding the list of professional competencies, i.e. as a manifestation of the employee’s labour mobility.
 In the article, the author argues that the condition of an employee’s internship should be specified in the employment contract. And therefore, this would mean that this condition would be an additional condition of the employment contract, and after its conclusion, it would, accordingly, become mandatory for the parties to perform. And as a result, the relationship that arose during the fulfilment of this condition is labour, and the contract would not be recognized as a contract for the provision of services.
 If the internship condition did not arise during the conclusion of the employment contract, but later, in such a case, we believe that an additional agreement should be concluded to the employment contract, in which the internship condition should be prescribed. If internships were to be regulated in this way, then, firstly, it would guarantee labour mobility for employees, secondly, the relations that arose during such an internship would be regulated exclusively by the norms of labour law, and accordingly, responsibility would follow under the labour legislation. thirdly, it would protect employers from non-fulfilment of the conditions for completing an internship and working for a certain period of time at this particular employer who paid for the internship.

Prevalent User-centered Monetization Techniques in Social Media

This study provides a solid illustration of the degree to which social media sites are now incorporated into market research. Several studies have explored the impact of the continual connection between customers and companies on the social web platforms, with direct connotation for the enhancement of new products and trading. The effect of user and content market-production for participation on social web platform line communities on purchase expenditures is positive. There is a specific connection between increasing social media interaction and improved customer participation and loyalty. It has been discovered that blogs aid managers in the screening phase of product development and give power for negotiating better contract conditions. The aim of the paper was to review relevant literature on user-centered monetization techniques in social media. The study employed prisma analysis for this review. During the study, the main social media monetization techniques that were found were sponsorship, advertisement, public relations, affiliate, ambassadors and crowd funding.

Tinjauan Hukum Islam terhadap Pinjaman Shopeepaylater

<p>With the rapid development of technology, an application for online shopping (marketplace) was born. One of the largest in Indonesia is the Shopee marketplace. In the Shopee application there is a payment feature that can be made in stages, known as Spaylater. In this study, the theory used is the sale and purchase contract, loan contract, hiwalah contract and usury. This research uses the type of field research or field studies using a qualitative approach. This research was conducted on the Shopee application, where in the Shopee application there is an online loan feature called Spaylater. This feature makes it easy for users to make transactions, because Spaylater itself offers bailouts for users who want to transact but do not have cash. Then the researchers used primary data obtained from interviews with informants in accordance with the research problem. While secondary data, researchers obtained from books, journals, articles from the internet, DSN-MUI Fatwa and theories related to Islamic law. Then for the data collection method using observation, interviews and documentation. The results of this study indicate that if the activation of the Spaylater user is successful, the user can use the limit that has been given. Then regarding the view of Islamic law, looking at Spaylater, namely in the Spaylater mechanism there are conditions for contracts that are not fulfilled in Spaylater. Because in it there is a late fee given by the Spaylater, this late penalty is included in usury jahiliyah. Therefore the practice of Spaylater is not allowed in Islam because it contains elements of usury.</p>

Glosa do Wyroku Sądu Najwyższego z dnia 15 października 2021 r., sygn. akt I CSKP 226/21

The Supreme Court ruled on 15 October 2021, ref. no. I CSKP 226/21, that the provisions of the Civil Code set out in Article 509 and subsequent articles are not applicable to assignment agreements (cession agreement) concerning EU funds. According to Article 509 of the Civil Code, a creditor may, without the debtor’s consent, assign a claim to a third party, unless this would be contrary to the law, a contractual condition, or the nature of the obligation. In commented judgement, the Supreme Court stated that an assignment agreement concluded between a beneficiary of EU funds (assignor, debt seller) and a third party (assignee, debt buyer) has legal effects with respect to the debtor, which is a public administration body granting subsidies from EU funds, only if it has been approved by this body. In the absence of approval, the public administration body is not obliged to perform such an agreement and the claim for a subsidy from EU funds, which debt seller transferred to debt buyer by means of an assignment agreement, may pay to the benefit of the debt seller. This unprecedented thesis, excluding the application of the Civil Code to assignment agreements relating to EU funds, leads to the question of its scope of application. Does the requirement set forth by the Supreme Court to approve assignment agreements by the public administration body apply only to the case at hand, or does it have universal character and should be applied to all assignment agreements concerning EU fund? A question arises as to the legal remedies available to the parties to such agreements to protect their rights under unapproved assignment agreements, who, on the date of their conclusion, could not have known about the requirement for their approval and thus fulfil the formalities required for this purpose. That issue will be addressed in this article.

Comparison of the Multimodal Transport Operator’s and a Freight Forwarder’s Liability Limit in International Transport. Case Study

Abstract Understanding the limits of freight forwarders' liability helps to predict the scope of indemnification to the customer in case of damage or loss of cargo. The absence of international agreements regulating the limit of the liability limit of freight forwarders makes it difficult for customers to find freight forwarders with the most favorable conditions. A large number of factors, such as the type of forwarding contract, the country of registration of the forwarder, the status of the forwarder, existing international agreements, etc. can significantly affect the degree of liability of the forwarder. In this paper, the legislation regulating forwarding and the activities of the multimodal transport operator will be considered. In addition, the standard conditions of the forwarding contract, the most commonly used in the selected countries, will be analyzed. On the basis of the conducted research, a case study will be presented, which will indicate the practical influence of various factors on the liability limit of the forwarder and the multimodal transport operator.

Klauselkontrolle im slowakischen Verbrauchervertragsrecht

The article deals with clause control in Slovakian consumer contract law and its development after the ratification of the Association Agreement. The amendment of the Civil Code and the adoption of the new Commercial Code led to changes in private law that primarily strengthened private autonomy and freedom of contract. In addition, restrictions on private autonomy in consumer contracts were introduced to ensure consumer protection and prevent discrimination. The Civil Code serves as the central norm of Slovakian consumer contract law and defines consumer contracts and the terms consumer and entrepreneur. It also deals with specific clauses in consumer contracts that are subject to judicial review, including the prohibition of clauses and the obligation of entrepreneurs to refrain from using them. The provisions regulate, for example, unauthorised clauses that restrict the rights of consumers or constitute unreasonable conditions. In addition, content control is explained with regard to the appropriateness of the content of contractual terms, the main subject matter of the contract, and the appropriateness of price and consideration. Overall, the article shows how Slovak consumer contract law, based on the Civil Code, strengthens private autonomy and freedom of contract, but at the same time provides for restrictions to protect consumers from disadvantages and to ensure fair conditions in consumer contracts.

The effect of the husband's criminal conviction on the dissolution of the family and the creation of the right to divorce for the wife

Aim: Divorce is a matter that falls within the rights and prerogatives of the husband. However, Islamic jurisprudence and Iranian law allow a wife to request a divorce in certain cases. One such case is when a husband is criminally convicted to a prison sentence of five years or more, or if he is convicted of a crime that is contrary to the marital interests of the wife. These instances, in addition to being mentioned in Iranian laws, are also included as conditions in marriage contracts. This research aims to determine and analyze the necessary conditions for issuing a divorce verdict at the wife's request in the case of the husband's criminal conviction. Method: The present study is conducted using a descriptive-analytical method, and its data have been collected through library research. Results: The findings indicate that in cases where the husband is criminally convicted to a prison sentence of five years or more, or if he is convicted of a crime that is contrary to the marital interests of the wife, and if the wife experiences hardship and distress, she has the right to divorce. Conclusion: The research results suggest that the husband's criminal conviction alone is not sufficient for a divorce verdict to be issued; additional conditions are also necessary, such that the wife experiences hardship and distress.

Assumptions of the concept of a phase model of an infrastructural project implemented on this basis of Yellow FIDIC conditions of contract

Purpose: The aim of the article is to develop theoretical and practical assumptions of the phase model concept for infrastructural projects implemented from the perspective of design offices on the FIDIC rules. Design/methodology/approach: In the article, the author develops and presents the assumptions of the phase model concept based on the available literature in the field of project management and the assumptions of the FIDIC Contact Conditions. The research problem is as follows: What elements does the course of an infrastructural project based on the assumptions of the Yellow FIDIC Conditions of Contract consist of? In the article, the author deepens the analysis of the research problem by pointing out specific questions. In her research, the author will use the method of modeling business processes, which allows for a detailed analysis of the studied phenomenon. Findings: As a result of the conducted research, the author developed a concept of a phased model for infrastructural projects implemented from the perspective of the design office on the basis of the Yellow FIDIC Conditions of Contract. The presented concept integrates the project phase model typical for project management with the Yellow FIDIC Conditions of Contract model. Research limitations/implications: The issues discussed in the literature require further development in the form of qualitative and model research. In the literature on the subject, the author identified insufficient knowledge resources in the field of integration of the project management phase model with the Yellow FIDIC Conditions of Contract model. Practical implications: The conducted research will be an added value for the company, as it will help to systematize project management in a design and engineering company. They can be used as a starting point for developing a dedicated project management model in the researched industry. Originality/value: The innovation in the conducted research is the integration of the project management phase model with the FIDIC Conditions of Contract model. Keywords: project management, project phase model, infrastructure project, design office, FIDIC Conditions of Contract. Category of the paper: Research paper.

Problems of implementation and protection of the rights of participants in economic relations in the conditions of the digital divide

The article considers the use of digital technologies in most areas of business activity in the light of the global characteristics of post-industrial society - the technologization of most areas of human life. The author explores one of the most pressing issues of the digital era – the growing digital divide (from the English digital divide), or digital inequality in terms of access to information technologies and their use in economic, including procedures for protecting the rights and legitimate interests of subjects of the digital economy. There is a destructive sign of the modern digital divide - the lack of digital literacy, knowledge or problem-solving skills to perform tasks in a digital environment. It is concluded that research in the field of law should not ignore the consequences of digital inequality: the disadvantage of small and medium-sized businesses in legal relations with large technology suppliers, the inability to assess contractual conditions due to overloading with technological terminology, damage due to inadequate assessment of security risk, neglect of cyber hygiene requirements, and others. Overcoming the digital inequality of the parties when using online mechanisms for the protection of rights and legitimate interests excludes a purely technocratic approach and complies with the rules of fair trial.

REGULATION OF THE COMPETITIVENESS OF THE INDUSTRIES OF THE AGRICULTURAL SECTOR OF THE ECONOMY UNDER THE CONDITIONS OF APPLICATION OF DIGITAL MARKETING TOOLS

The purpose of the article is to identify features and develop applied solutions for regulating the competitiveness of livestock industries, in particular snail farming, fish farming, organic aquaculture, based on modern approaches to digitalized marketing management in the context of economic volatility. In order to achieve the objectives of the research and the set goal in the process of developing practical proposals in the modern conditions of exogenous and endogenous challenges for the livestock industry and in the formation of demand for self-produced products of snail farming, fish farming, and organic aquaculture, the problem of regulating its competitiveness is exacerbated. Additional complexity of the task is added by the need to take into account specific industry drivers within the framework of digitalized marketing management in these sectors of livestock production. Also, as part of the research, we applied synthesis methods, quantitative and graphic methods in the identification of specific elements of digitalized marketing of livestock products, theoretical methods in the analysis, generalization, as well as explanations in the generalized analytical processes of calculating the cost of livestock products, including the assessment of production costs and financing needs due to deep analytics. The methodological basis of the study is the method of strategic analysis within the framework of digitalized marketing management in the field of animal husbandry in the areas of cost, product knowledge, pricing, establishing a corridor of target prices, as well as effective management of contract conditions. Approaches to the study of the problems of formation and implementation of digitalized marketing of animal husbandry products, based on an in-depth assessment of a wide range of influencing factors, in the context of regulation of competitiveness, are proposed. Aspects of the formation and implementation of an effective process of digitalized marketing management and its impact on the fulfillment of business goals are highlighted. The similarities and differences of the digital marketing process in general and in the livestock industry are described. An analysis of the key factors influencing the digitalized marketing of livestock products in the context of ensuring competitiveness was carried out. Based on the analysis of the considered influencing factors, the key aspects of digitalized marketing management of livestock products are highlighted, which is intended to strengthen its competitiveness. The importance of taking into account specific industry factors in planning and implementation of digitalized marketing in the livestock industry in the light of competitiveness regulation is emphasized. The process of planning and implementation of digitized marketing of livestock products, consisting of seven mutually agreed stages, is proposed. The industry-specific factors influencing the digitalized marketing of products of the livestock industry in terms of cost, product understanding, pricing and management of contract conditions are separately considered. Prospects for future research are the competitive development of the process of digitized marketing of livestock products based on digitization tools, as well as an in-depth analysis of the infrastructure of digitized marketing management in livestock to ensure competitiveness in the face of economic challenges.

To the issue of labor safety of persons working outside the employer's location in today's conditions

The paper examines the issue of occupational safety of persons working outside the employer's location. Since, nowadays, the issues of legal regulation of forms of employment are gaining a certain sharpness and relevance, both from the point of view of supporting employment in general, and from the point of view of developing regulatory and legal provisions and practical recommendations for employers, who are faced with very real tasks of preserving jobs, employees and organizations the use of hired labor in new realities. Having investigated the issue of labor safety of persons working outside the employer's location, a proposal was made to include a condition on ensuring labor safety in the special conditions of the labor contract on remote work and the labor contract on home work. Since the transfer of responsibility to the employee for occupational safety and hygiene during remote and home work cannot be considered acceptable, because employers are obliged to take care of all their employees and provide a safe working environment that would not create risks to physical and mental health . In particular, the employer is obliged to make sure that: (a) the assigned work can be performed safely at home; (b) necessary corrections have been made to the tasks, ensuring their safe execution under the conditions of remote work; (c) the employee has the proper equipment and tools for safe work at home, including, if necessary, appropriate protective equipment and devices; (d) measures taken to record the equipment provided by the enterprise to simplify work and return it in an unchanged condition; (e) the employee has received appropriate information, instructions and training (including measures in the event of an emergency) and performs work under the supervision of a direct supervisor; (e) clear measures have been taken to arrange a workplace at home for those employees who have disabilities; (yes) measures have been taken to ensure the physical and psychological well-being of employees. After all, the creation of proper, safe and healthy working conditions in modern conditions is of great importance, since today the danger is different, external, military. And that is why employers in this difficult time must first of all take care of the safety of employees.

Juridical review of companies and limited liability companies

Limited Liability Companies are formed by at least 2 (two) founders, and their formation is based on an agreement. At the end of 2020, the government issued a law known as the Job Creation Law (after this, referred to as UUCK). UUCK was established to promote economic development and support the business environment in Indonesia. UUCK has a new form of business, individual ownership, by the nature of micro and small businesses. Sole proprietorships were established under the revised UUCK section of the Limited Liability Company Law Number 40 of 2007 (after this referred to as the UUPT), and the revised UUPT contains several provisions that can cause conflicts in the future, one of which is a merger. Greetings. However, regarding establishing an individual business entity that one person can incorporate, this provision does not fulfill the parts of the agreement mentioned in the sense of a corporation. One of the contract conditions is that it must be carried out by at least 2 (two) people. A single company with a new concept requires further research.How to cite item: Puranto, H. Y., (2022), Juridical review of companies and limited liability companies. Jurnal Cakrawala Hukum, 13(3)262-271. doi:10.26905/idjch.v13i3.6086.

PECULIARITIES OF CONCLUSION OF PUBLIC PROCUREMENT AGREEMENTS AND POSSIBLE NEGATIVE CONSEQUENCES IN CASE OF VIOLATION OF CERTAIN CONDITIONS AND LAW

The study analyzed the essential conditions of contracts in the field of public procurement, which are somewhat specific and much larger in number compared to the essential conditions of ordinary business contracts. During the research, the authors established that the mandatory procurement conditions play a decisive role in the conclusion of public procurement contracts. The subsequent conclusion or non-conclusion of the relevant contract or its subsequent invali­dation by the court will depend on how accurately the customer sets out the procurement con­ditions in his procurement announcement and in his tender documentation. Typical mistakes of customers when setting out the essential terms of procurement contracts and procurement conditions were considered. The results of the research can be used to improve the procurement process and the appropriate conclusion of contracts by customers and participants in public pro­curement in order to avoid typical mistakes or violations that may cause negative consequences in the future: cancellation of procurements, non-conclusion of relevant contracts, recognition of their invalidity or nullity. Today, there is a huge public market in Ukraine, which functions thanks to the Prozorro electronic system. Legal relations on this market must comply with the Law of Ukraine “On Public Procurement” and other normative legal acts. Therefore, it is relevant to study the con­tractual process of public procurement with an emphasis on the essential conditions of the relevant contracts, which are derived from the mandatory procurement conditions. When con­sidering the essential terms of public procurement contracts, contracts that are publicly avail­able in the Prozorro electronic system were analyzed. Considering the practice of the Supreme Court, the typical errors of the customers in setting out the essential conditions and the cor­responding negative consequences of these errors were considered, in particular, in the case of incorrect definition of the subject of the contract by the customers and excessive detailing of the procurement conditions by the customers in the procurement announcement and in the tender documents. Analyzing scientific research and publications, it can be argued that the proposed topic is insufficiently researched and developed by other scholars in the field of civil and economic law. The subject of the contract, as a defining essential condition of the contract, was studied by scientists M. M. Aharkov, M. I. Brahinskyi, V. V. Vitrianskyi, E. O. Sukhanov, M. M. Hudyma and others. But none of these scientists paid attention to the fact that the subject of the purchase contract is a broader concept compared to the subject of the contract in other business contracts. Other essential conditions of the purchase contract were not investigated by the specified sci­entists. The purpose of this article is the analysis of scientific publications, regulatory legal acts, their enforcement, judicial practice and features of the process of concluding contracts with the aim of establishing the determining factors of the formation of essential terms of contracts in the field of public procurement. Based on the results of the analysis, it can be stated that there are no such concept as essential procurement conditions in the current legislation.

Order of change of contracts for building in 2022

In 2022 government supported the civil engineering firms in the conditions of sanctions and permitted to change essential conditions of construction contracts. The author of the article considers the case, when it is possible to make changes in the agreement and investigates how to recalculate the cost of works.