Different Types Of Contracts Research Articles

CORRELATION OF FACTORING AGREEMENT WITH CERTAIN TYPES OF CONTRACTS IN UKRAINE

The legal construction of a factoring contract has separate features similar to other business agreements. At the same time, factoring is characterized by a number of certain features, which makes it possible to distinguish it as an independent type of economic agreement with its own, specific legal regulation. Doctrinal literature suggests that factoring is not a separate type of obligation, but is instead considered as a subspecies or specific form of other treaties. In order to refute such judgments, we consider it necessary to clarify the difference between factoring agreements and related categories. The article improves the comparative characteristics of the factoring contract and the cession contract – a number of different characteristics are revealed, which allow to differentiate factoring relations from the relations of the cession. Using the comparative method, the differences of the contract of faking from the different types of contracts are investigated on the basis of the subject of contracts, independence, payment, formof conclusion of contracts, legal personality of the parties, sources of legal regulation, complex nature, etc. Further developed the provision on the economic and legal nature of the factoring agreement, which objectively corresponds to its nature, features and characteristic specificity, based on the analyzed theoretical approaches to determining the legal nature of the factoring agreement, foreignexperience, case law and case law international law and the author’s own positions. It is proved that the factoring contract is an independent and complete economic obligation, which has its own characteristic features and features that make it possible to distinguish the factoring contract with similar legal structures. On the basis of a systematic study of the relation of the factoring contract with certain types of contracts, new scientific provisions have been developed, and proposals for improvement of legislation on a number of issues have been substantiated.

Exercise therapy in the treatment of tendinopathies of the lower limbs: a protocol of a systematic review

BackgroundTendinopathies are specific degenerative conditions of the tendon characterized by pain and disability. The most common tendinopathies of the lower limbs are patellar, Achilles, gluteal, and proximal tendinopathy of the hamstring muscles. Exercise therapy has been studied for the treatment of these tendinopathies; however, different types of muscle contraction, exercise, dose, and intensity are found in the literature, which can make choosing the best treatment option difficult. The purpose of this systematic review is to analyze the available evidence about the effectiveness of exercise therapy in the treatment of patients with lower limb tendinopathies and the effects of different types of exercise therapy in the treatment of these patients.MethodsThe search strategy will be performed in the following databases: CENTRAL, MEDLINE, EMBASE, PEDro, SPORTDiscus, and CINAHL. The inclusion criteria of the studies will be randomized controlled trials with patients with one of the following tendinopathies: patellar, Achilles, gluteal, and proximal tendinopathy of the hamstring muscles. The primary outcomes will be pain and disability. The intervention will be exercise therapy, and the comparators will be different types of exercise, control groups, or any other type of intervention.DiscussionOther systematic reviews have been published about the prescription of exercise therapy in the treatment of tendinopathies of the lower limbs. However, the results of these reviews are limited to only one type of tendinopathy or specific exercise. Because some of these reviews are also outdated, this systematic review will investigate whether exercise therapy is more effective than any other type of intervention and if there is a best form of exercise therapy, considering modality, dose, and intensity, for the treatment of lower limb tendinopathies. Furthermore, this study will present data related to the sample size, recruitment period, methodological quality, and visibility of the eligible studies.Systematic review registrationPROSPERO (CRD42018093011)

GenCo's mid‐term optimal operation analysis: interaction of wind farm, gas turbine, and energy storage systems in electricity and natural gas markets

In this study, optimised and coordinated operation planning of a generation company's (GenCo's) generation portfolio consisting of a wind farm, a gas turbine, and energy storage systems [battery and natural gas (NG) energy storage systems] is modelled. In this model, all the electrical energy (EE) and NG trades are performed through long-term contracts and spot markets in a deregulated environment. It is assumed that EE is traded through day-ahead market and bilateral contracts while NG is traded via a daily spot market in conjunction with baseline and intra-day mid-term contracts. The proposed framework enables the GenCo to maximise its profit in operation planning horizon by coordinating different types of contracts and energy arbitrage. The operation planning model is presented as a mixed-integer linear programming problem. Five case studies are implemented in GAMS software to evaluate the effectiveness of the proposed model and analyse different factors affecting benefits of the GenCo.

Cross Talk with the GAR-3 Receptor Contributes to Feeding Defects in Caenorhabditis elegans eat-2 Mutants.

Precise signaling at the neuromuscular junction (NMJ) is essential for proper muscle contraction. In the Caenorhabditis elegans pharynx, acetylcholine (ACh) released from the MC and M4 motor neurons stimulates two different types of contractions in adjacent muscle cells, termed pumping and isthmus peristalsis. MC stimulates rapid pumping through the nicotinic ACh receptor EAT-2, which is tightly localized at the MC NMJ, and eat-2 mutants exhibit a slow pump rate. Surprisingly, we found that eat-2 mutants also hyperstimulated peristaltic contractions, and that they were characterized by increased and prolonged Ca2+ transients in the isthmus muscles. This hyperstimulation depends on cross talk with the GAR-3 muscarinic ACh receptor as gar-3 mutation specifically suppressed the prolonged contraction and increased Ca2+ observed in eat-2 mutant peristalses. Similar GAR-3-dependent hyperstimulation was also observed in mutants lacking the ace-3 acetylcholinesterase, and we suggest that NMJ defects in eat-2 and ace-3 mutants result in ACh stimulation of extrasynaptic GAR-3 receptors in isthmus muscles. gar-3 mutation also suppressed slow larval growth and prolonged life span phenotypes that result from dietary restriction in eat-2 mutants, indicating that cross talk with the GAR-3 receptor has a long-term impact on feeding behavior and eat-2 mutant phenotypes.

SOME RESULTS IN FIXED POINT THEORY CONCERNING RECTANGULAR b-METRIC SPACES

In this paper, we proved some fixed point results with different types of contraction in Rectangular b-metric space. Our results extend very recent results of Fora et. al. [7] and extend and generalize many existing results in the literature.

Decision and Coordination of Fresh Produce Three-Layer E-Commerce Supply Chain: A New Framework

This paper considers a fresh produce three-layer e-commerce supply chain consisting of a producer, a third-party logistics service provider, and a fresh produce e-commerce enterprise in a new framework. The market demand for the fresh produce is affected by the safety traceability system availability, the freshness level, the unit online selling price, and the random factor. We develop the game models under different supply chain decision scenarios. Two different types of contracts, namely, unilateral cost-sharing and revenue-sharing contract, and consolidated rebate and revenue-sharing contract are proposed to facilitate coordination of the supply chain. The impact of the changes of market preferences on the supply chain decisions, the supply chain profits, and the contract policies implementation is examined. The theoretical derivations and results are illustrated with numerical examples. While enriching the relevant literature, this paper also provides a practical guidance for the production, operation, and sales of the fresh produce e-commerce supply chain.

On p-Common Best Proximity Point Results for S-Weakly Contraction in Complete Metric Spaces

In this work, we introduced new notions of a new contraction named S -weakly contraction; after that, we obtained the p-common best proximity point results for different types of contractions in the setting of complete metric spaces by using weak P p -property and proved the uniqueness of these points. Also, we presented some examples to prove the validity of our results.

How to Build Successful Cloud Computing Relationships

A company has to operate with flexibility and cost-efficiency due to the continuously competitive business environment. Nowadays, cloud computing (CC) plays an essential part in flexibility and cost-efficiency of IT infrastructure. Companies using CC have to know how different types of contracts and their terms, modes of relationships, contract quality, and relationship management influence their CC activities. This article discusses how to build successful relationships in CC. The field of this study is CC from a service buyer perspective. The applied research strategy was survey research and the data was collected through interviews with IT managers in different medium-sized companies in Sweden. To identify and analyse the influencing factors of relationships in CC this research has used Transaction Cost Theory. The findings of this research are the identified influential factors to improve a cloud computing relationship like asset specificity, fee-for-service contracts, contract length, provider/buyer organisation sizes and the number of providers including guidelines for decision makers to strengthen this CC relationship.

Pelibatan Akad Ijarah dalam Praktik Rahn di Bank Syari'ah Perspektif Hukum Ekonomi Syariah

The involvement of lease (ijārah) contract in pawn practice in syari’ah bank resulted in a combination of contract known as multi-‘aqd. Concerning multiple contracts (multi-‘aqd), there are a number of Prophetic traditions, at least three hadiths that are outwardly (textual meaning) indicating a ban on the use of multiple covenants. For example, the hadith about the prohibition of trading and debts (bai’ wa salaf), the prohibition to trade with two contracts (bai’atain fī bai’ah), and two sales and purchase contracts in one transaction (ṣafqatain fī ṣafqah). The contract of lease (ijārah) and the pawn agreement (rahn) are two different types of contract, in which the lease includes the type of sale and purchase agreement, while the pawn includes the type of loan contract. This combination of contracts is a type of multi-contract which is prohibited based on the hadith above. Transactions with this multi-contract form almost exist in all Islamic banking products today. This paper concludes that the law of engagement of lease contracts in pawn practices in Islamic banks is allowed. The Islamic jurisprudence scholars argue that this combination of contracts is compatible with the purpose of sharia (maqāṣid al-sharī’ah), namely the ease in muamalah, lightening in the burden, and provide opportunities for innovation and the relevance of the development of the times and human needs in transactions.

Valuation of employment decision criteria

PurposeThe purpose of this paper is to expand our understanding of the decisions on labour supply, with particular attention given to the role of conditions of a contract between an employer and an employee. In the paper the value, from the employee’s perspective, of different characteristics of an employment contract are assessed.Design/methodology/approachDiscrete choice experiment methodology is applied to evaluate employment attributes. Using data from a dedicated survey of students and graduates of social sciences in Poland, parameters of the employment-related utility function are estimated with a multinomial logit model and random parameter logistic regression. Due to the opt-out alternative in the design, reservation wages for different types of contracts are calculated.FindingsThe paper suggests that development conditions and psychological aspects of work are extremely important for employees’ decisions and their reservation wages.Research limitations/implicationsDue to limitations related to data generation process, generalisation of the results to the whole population is not possible.Practical implicationsThe results of the study may help to develop tools of contract optimisation and remuneration systems. Such tools might lead to improvements in the efficiency of contracts in the labour market by simultaneously reducing employment costs and increasing workers’ utility.Originality/valueThe analysis of preferences and reservation wages contributes to our understanding of the observed wage differentials. It also helps to understand some apparent paradoxes of the labour supply behaviour, which are impossible to explain within the traditional approach to wage modelling.

CE3: A three-way clustering method based on mathematical morphology

Many existing clustering methods produce clusters with clear and sharp boundaries, which does not truly reflect the fact that a cluster may not necessarily have a well-defined boundary in many real world situations. In this paper, by combining ideas of erosion and dilation from mathematical morphology and principles of three-way decision, we propose a framework of a contraction-and-expansion based three-way clustering called CE3. A three-way cluster is defined by a nested pair of sets called the core and the support of the cluster, respectively. A stronger relationship holds between objects in the core and a weaker relationship holds between objects in the support. Given a cluster obtained from a hard clustering method, CE3 uses a contraction operation to shrink the cluster into the core of a three-way cluster and uses an expansion operation to enlarge the cluster into the support. The difference between the support and the core is called the fringe region, representing an unsharp boundary of a cluster. Within the CE3 framework, we can define different types of contraction and expansion operations. We can apply the CE3 framework on the top of any existing clustering method. As examples for demonstration, we introduce a pair of neighbor-based contraction and expansion operations and apply the CE3 framework on the top of k-means and spectral clustering, respectively. We use one synthetic data set, five UCI data sets, and three USPS data sets to evaluate experimentally the performance of CE3. The results show that CE3 is in fact effective in revealing cluster structures.

Conceptualization of Vehicle-to-Grid Contract Types and Their Formalization in Agent-Based Models

Fuel cell electric vehicles (FCEVs) have the potential to be used as flexible power plants in future energy systems. To integrate FCEVs through vehicle-to-grid (V2G), agreements are needed between the FCEV owners and the actor that coordinates V2G on behalf of them, usually considered the aggregator. In this paper, we argue that, depending on the purpose of providing V2G and the goal of the system or the aggregator, different types of contracts are needed, not currently considered in the literature. We propose price-based, volume-based, and control-based contracts. Using agent-based modeling and simulation we show how price-based contracts can be applied for selling V2G in the wholesale electricity market and how volume-based contracts can be used for balancing the local energy supply and demand in a microgrid. The models can provide a base to explore strategies in the market and to improve performance in a system highly dependent on V2G.

Contract design on digital platform for the risk-averse retailer with moral hazard

PurposeThe advent of e-commerce has prompted the proliferation of digital platforms for virtual products. This reinforces the importance of the contract design problem between the virtual product supplier (he) and the digital platform retailer (she). The purpose of this paper is to investigate a principal-agent problem in a virtual product supply chain, in which the retailer’s sales-effort investment level to sell the virtual product is unobservable to the supplier, and the market demand is unknown to both parties.Design/methodology/approachIn this study, the supplier designs two kinds of contracts (wholesale price contract and two-part tariff contract) to maximize his profit, while the retailer determines her sales-effort investment level and the virtual product’s retail price. The results of two different types of contracts are compared to explore in depth the effect of contract choices on the participants’ profits.FindingsThe authors show that the comparative results of the optimal wholesale prices, retail prices and sales-effort investment levels between these two kinds of contracts all rely on the retailer’s risk-averse degree. Specifically, both the supplier and the whole supply chain prefer the two-part tariff contract rather than the wholesale price contract, the retailer should do opposite when she is low risk-averse, whereas there is no distinction for the retailer’s utilities between these two kinds of contracts when she is more risk-averse.Originality/valueThe value of the research rests on the use of principal-agent theory in the contracts of virtual products considering the retailer’s sales-effort and risk-aversion degree. The research will serve as a guide for the virtual products’ supplier and the platform retailer in decision-making processes.

Inter-firm partnerships – strategic alliances in the pharmaceutical industry

In recent years, strategic alliances have become key to success in sectors such as pharmaceutical and high-tech industry. Strategic partnerships between start-ups and big pharmaceutical companies have become more prevalent and are typically motivated by the benefits that can be obtained from complementary capabilities. These contractual relationships typically use different financial incentives such as royalties, upfront or milestone payments. The best type of contractual conditions for these strategic alliances may not always be clear. We study three different types of contracts, milestone and optional upfront payment, royalty and optional upfront payment, and acquisition contract. We characterise the optimal decisions for each contract option and provide insights into the benefits each contract type offers for start-ups and big pharmaceutical companies.

Burnout risk profiles among French psychologists

The aims of this study were 1) to show that the use of different cut-off scores available in the literature can lead to erroneous conclusions, adding to the emerging literature highlighting the problems associated with its use, and 2) to propose an alternative technique − Cluster Analysis − to assess the risk of burnout as well as to identify profiles at risk of burnout.Burnout was measured among 664 French psychologists using the French-Canadian version of the Maslach Burnout Inventory (Dion & Tessier, 1994). Our participants were classified as high on each dimension of the MBI using different cut-off scores available in the literature and using the Cluster Analysis method.The study showed that the use of cut-off scores can indeed be misleading as conclusions may be very different according to the cut-off used. Cluster analysis allowed us to highlight four distinct burnout risk profiles: “High risk of burnout”, “Risk of burnout through high emotional exhaustion”, “Risk of burnout through low personal accomplishment”, and “No risk of burnout”. Several variables appeared as predictors of occupational burnout such as working in a company or having several different types of contracts, showing the discriminative power of clusters. Finally, a discussion is proposed on the meaning of the identified clusters and the use of this analysis in research and practice.

Imaging of tangential traction types in lamellar macular holes.

To determine the best imaging procedure for the definition of tangential tractions generated by epiretinal membranes in lamellar macular holes. Inclusion criteria were a diagnosis of lamellar macular hole with tractional epiretinal membranes based upon fundus autofluorescence (FAF), and spectral-domain optical coherence tomography (SD-OCT) imaging (HRA+OCT Spectralis, Heidelberg Engineering, Heidelberg, Germany). Tangential tractions were evaluated with infrared reflectance (IR; 820nm) and OCT en face (193 B-scans, 30×20°pattern size, 31μm between two consecutive B-scans). Three different categories of tangential traction were previously defined: 1) unidirectional, 2) pluridirectional, and 3) concentric. Two independent masked physicians evaluated the images in order to categorize the type of tangential traction either with IR and OCT (en face) for every single patient. Cohen's kappa statistic was used to evaluate inter-observer and inter-instrument agreement. Twenty eyes of 19 patients were included in the study. Inter-observer OCT test showed almost perfect agreement between examiners (κ=0.86). Inter-observer IR test showed substantial agreement (κ=0.7). Inter-instrument agreement was fair for both observers, respectively κ=0.35 for observer 1 and κ=0.22 for observer 2. Intra-observer agreement was almost perfect for OCT (κ=0.93) and substantial for IR (κ=0.78). Tangential traction associated with epiretinal membranes in lamellar macular holes can be successfully evaluated by OCT en face and IR reflectance. Inter-observer concordance is high for both instruments. However, high inter-instrument discordance is present. Therefore, the gold standard imaging technique for differentiating the different types of contraction in epiretinal membranes has still to be determined.

Farmers' Preferences for PES Contracts to Adopt Silvopastoral Systems in Southern Ecuador, Revealed Through a Choice Experiment.

This study investigates farmers' preferences to participate in payment contracts to adopt silvopastoral systems in Ecuador. A choice experiment was used to elicit preferences between different contract attributes, including differing payment amounts and land management requirements. The research was carried out in the buffer zone of Podocarpus National Park in Southern Ecuador, an area where most land is dedicated to cattle husbandry. A choice experiment was conducted to measure farmers' interest in different types of contracts. Based on existing incentive programs, contract choices varied with respect to the type of silvopastoral system, extra land-use requirements, payment levels and contract duration. In addition, contracts differed with regards to access by cattle to streams. Although the farmers did not show strong preferences for every contract attribute, the majority of farmers in the area showed interest in the proposed contracts. A latent class model identified three classes of respondents, based on their preferences for different contracts attributes or the "business as usual" option. The results suggest that farmland area, agricultural income, and landowners' perceptions of environmental problems provide a partial explanation for the heterogeneity observed in the choices for specific contracts. Participation might increase if contracts were targeted at specific groups of farmers, such as those identified through our latent class model. Offering flexible contracts with varying additional requirements within the same scheme, involving farmers from the start in payments for environmental services design, and combining payments for environmental services with integrated conservation and development projects may be a better way to convince more farmers to adopt silvopastoral systems.

Contractual Licensing Procedure for Fisheries and Fish Farming Enterprise

This article deals with cases of fisheries arising on the basis of mixed legal institutions with a predominance of private law instruments. It is shown that a basic legal fact of occurrence of (entrepreneurial) industrial and coastal fisheries, particularly in the fishing and fish farming sites serve different types of contracts. These include the agreement on quota share of production (catch) of living aquatic resources; water usage agreement of bioresources; agreement granting fishing area; fishing area usage agreement. Permission for extraction of water bioresources in the light of recent changes in legislation lost its fundamental value. As a result, there has been a substitution of public standards with private ones.

Penalty and reward contracts between a manufacturer and its logistics service provider

Contracts are used to coordinate disparate but interdependent members of the supply chain. Conflicting objectives of these members and lack of coordination among the members lead to inefficiencies in matching supply with demand. This study reviews different types of contracts and proposes a methodology to be used by companies for analyzing coordinating contracts with their business partners. Efficiency of the contract is determined by comparing the performance of independent companies under the contract to the supply chain performance under the central decision maker assumption. We propose a penalty and reward contract between a manufacturer and its logistics service provider that distributes the manufacturer’s products on its retail network. The proposed contract analysis methodology is empirically tested with transportation data of a consumer durable goods company (CDG) and its logistics service provider (LSP). The results of this case study suggest a penalty and reward contract between the CDG and its LSP that improves not only the individual firm’s objective functions but also the supply chain costs. Compared to the existing situation, the coordination efficiency of the penalty and reward contract is 96.1 %, proving that optimizing contract parameters improves coordination and leads to higher efficiencies.

A Review of Classification Techniques of EMG Signals during Isotonic and Isometric Contractions.

In recent years, there has been major interest in the exposure to physical therapy during rehabilitation. Several publications have demonstrated its usefulness in clinical/medical and human machine interface (HMI) applications. An automated system will guide the user to perform the training during rehabilitation independently. Advances in engineering have extended electromyography (EMG) beyond the traditional diagnostic applications to also include applications in diverse areas such as movement analysis. This paper gives an overview of the numerous methods available to recognize motion patterns of EMG signals for both isotonic and isometric contractions. Various signal analysis methods are compared by illustrating their applicability in real-time settings. This paper will be of interest to researchers who would like to select the most appropriate methodology in classifying motion patterns, especially during different types of contractions. For feature extraction, the probability density function (PDF) of EMG signals will be the main interest of this study. Following that, a brief explanation of the different methods for pre-processing, feature extraction and classifying EMG signals will be compared in terms of their performance. The crux of this paper is to review the most recent developments and research studies related to the issues mentioned above.