Non-contractual Relationships Research Articles

Knowledge interaction analysis of cooperative digital green innovation of photovoltaic building materials enterprises based on reciprocity theory

<p class="MDPI17abstract">In the process of collaborative digital green innovation of photovoltaic building materials enterprises, knowledge sharing between photovoltaic building materials enterprises and academic and research institutions is conducive to the achievement of win-win goals of enterprises and academic and research institutions. However, due to the non-contractual relationship between cooperative subjects, it is difficult to observe the efforts of members, which is easy to cause poor information. Therefore, knowledge reciprocity incentive is particularly important. In this paper, the sequential reciprocity model is introduced to analyze the knowledge interaction between photovoltaic building materials enterprises, and academic and research institutions on cooperative green innovation. The results show that: (1) when the reciprocity sensitivity of academic and research institutions is large enough, academic and research institutions can feel the goodwill conveyed by the high effort level of knowledge sharing, and will reciprocate with friendly behavior. (2) When the reciprocity sensitivity of academic and research institutions is small, they will choose to pay a low level of effort in knowledge sharing. (3) When the reciprocity sensitivity of academic and research institutions is in the middle value, the higher effort level of the institutions will increase with the increase of reciprocity sensitivity of the institutions. In this paper, the sequential reciprocity model is introduced to study the reciprocity incentive effect of knowledge sharing in enterprise cooperative digital green innovation from the perspective of dynamic domain, in order to enrich the reciprocity theory and provide reference for the knowledge sharing incentive problem of enterprise cooperative digital green innovation.</p>

Kedudukan Perjanjian Non Kontraktual Di Muka Hukum

Non-contractual agreements are agreements that are not regulated by contract law, but still have an important legal position in the legal system. This abstract explores the position of non-contractual agreements in the legal realm. Non-contractual agreements, often called quasicontractual agreements, denote a legal relationship between parties that is not governed by a formal contract. Its position is based on the principles of justice and propriety, where an action or behavior gives rise to obligations or rights for another party, even though there is no binding written agreement. In terms of law, non-contractual agreements provide the basis for restitution or compensation for losses in situations where one party is unjustly enriched or harms the other party. The law provides protection for these informal agreements by ensuring fairness for all parties involved. The nature of non-contractual agreements is often the subject of interpretation in court, where recognition of actions or obligations arising from non-contractual relationships becomes important. This shows that even though they are not bound by formal contracts, these relationships have significant legal implications in efforts to maintain justice between the parties involved.

Research on customer lifetime value based on machine learning algorithms and customer relationship management analysis model

Customer lifetime value is one of the most important tasks for enterprises to maintain customer relationships. However, due to the limitations of using a single data mining method, the measurement of customer lifetime value under the condition of noncontractual relationship has always been a research difficulty. This paper focuses on customer value measurement and customer segmentation based on customer lifecycle value theory, and carries out customer value measurement and customer segmentation research from the perspective of customer value, and constructs customer segmentation model. This paper first conducts feature engineering, such as data selection, data preprocessing, data transformation, and knowledge discovery, and then conducts customer value segmentation based on machine learning algorithms and customer relationship management analysis models and builds a customer value segmentation identification model under the condition of noncontractual relationship. Finally, empirical analysis is carried out with the real customer transaction data of the actual online shopping platform, which verifies the validity and applicability of the customer segmentation method and value calculation method proposed in this paper.

The principle of autonomy of will as a way to level out the problem of competition non-contractual claims in private international law

The article contains an analysis of the prospects for concluding an agreement on the choice of applicable law in non-contractual obligations in order to reduce legal risks caused by the concurrence of tort and unjust enrichment claims. Within the framework of the study, much attention is paid to the statement and revealing of the problem of the legal qualification of the non-contractual relationship that has arisen in a number of coterminous cases, as well as the problem of the admissibility of providing the plaintiff with an alternative choice of the remedy. This problem has been analyzed both in substantive and conflict of laws terms. From the point of practical expediency, the author considered the ways of leveling of the negative factors arising in connection with the concurrence of claims by referring to the principle of party autonomy, as well as the additional advantages of concluding an agreement on the choice of applicable law in non-contractual obligations. The article contains an analysis of the prospects for improving Russian legislation from the standpoint of the admissibility of ex ante choice of law in order to expand the leveling of emerging risks.

ДОГОВОР СУБПОДРЯДА: КОММЕНТАРИЙ К СТ. 706 ГК РФ

The article provides a commentary to Article 706 of the Civil Code “General Contractor and Subcontractor”. The author uses the doctrine of back-to-back contracts to examine the peculiarities of the structure of contractual relations in the area of a subcontract, as well as the peculiarities of risk distribution when parties to a contractor relationship refuse from back-to-back clause. The author also investigates the peculiarities of direct claiming from an employer to a subcontractor under the doctrine of culpa in eligendo. The author concludes that if a non-contractual relationship arises, the client has the right to bring a direct claim against the subcontractor.

Prática didática e discurso de autoridade no livro paradidático. O peritexto como estratégia enunciativa

O presente trabalho propõe uma reflexão sobre o discurso de autoridade instaurado em alguns peritextos de uma obra paradidática, buscando demonstrar como se organizam certas estratégias na construção do que podemos chamar de uma prática didática. Para Genette (2009) os peritextos são aqueles que estão inseridos no mesmo suporte do livro e acompanham a obra, fazendo parte integrante de seu sentido. São nos textos de advertência e de abertura da obra que, acreditamos, instaura-se, segundo bases estereotipadas da visão de ensino, uma relação polêmica e não contratual: quem ensina detém o saber; quem aprende não possui nenhum saber. Estabelecemos para a análise um livro paradidático voltado ao ensino de literatura, intitulado O poeta que fingia, parte da coleção “Meu amigo escritor”, organizada por Álvaro Cardoso Gomes, na Editora FDT. Para dar conta dessa reflexão, apoiamo-nos nos pressupostos teóricos da semiótica discursiva, nas reflexões de Jacques Fontanille (2008) sobre as práticas e os níveis de pertinência da análise semiótica, articuladas aqui à concepção de peritexto de Gérard Genette (2009), e, finalmente, na proposta de Jean Cristtus Portela (2008) para o estudo das práticas didáticas.

The impact of trust in the strategic decisions of a decentralized supply chain

The establishment of contracts pursues the efficient fulfillment of supply chain members’ needs. However, this is not always possible due to market features and, more interestingly, the additional constraints that such mechanisms impose. Trust relationships, that we define as the absence of contracts, appear as a mean to deal with situations where contracts block decision making. Although trust enhances production/management activities, it is not clear how the absence of contracts impact on delivery times, which we investigate in this paper. We analyze a decentralized supply chain where a manufacturer needs an intermediate input, but typical suppliers that have a contract with the manufacturer do not provide it; so, he establishes a non-contractual relationship with an “external” provider. We model this interaction as a two-stage game and show necessary and sufficient condition to guarantee the existence and uniqueness of the Sub-game perfect Nash equilibria. Also, we show the relationship between delivery times and input’s requisition, at equilibrium, with exogenous variables like production costs and base revenue. We find that intuitive relationships hold when the requisition cost is higher than a third of the manufacturer’s revenue.

COMPARATIVE ANALYSIS OF SELECTED PROBABILISTIC CUSTOMER LIFETIME VALUE MODELS IN ONLINE SHOPPING

The selection of a suitable customer lifetime value (CLV) model is a key issue for companies that are introducing a CLV managerial approach in their online B2C relationship stores. The online retail environment places CLV models on several specific assumptions, e.g. non-contractual relationship, continuous purchase anytime, variable-spending environment. The article focuses on empirical statistical analysis and predictive abilities of selected probabilistic CLV models that show very good results in an online retail environment compared to different model families. For comparison, eleven CLV models were selected. The comparison has been made to the online stores’ datasets from Central and Eastern Europe with annual revenues of hundreds of millions of euros and with almost 2.3 million customers. Probabilistic models have achieved overall good and consistent results on the majority of the studied transactional datasets, with BG/NBD and Pareto/NBD models that can be considered stable with significant lifts from the baseline Status quo model. Abe's variant of Pareto/NBD have underperformed multiple criterions and would not be fully useful for the studied datasets without further improvements. In the end, the authors discuss the deployment implications of selected CLV models and propose further issues for future research to address.

Analysis of Self-Organising Networks of Communication Between the Participants of a Housing Complex Construction Project

AbstractThe article highlights the fact that numerous key decisions in temporary construction organisations are made as a result of informal, non-contractual relationships between organisation members that are not a result of formal organisational structures. These hidden relationships can be visualised in the form of social networks and Social Network Analysis methods (SNA) can be used to perform their structural analysis. In latest studies on self-organising networks in the construction sector, researchers have mostly focused on the design phase of large construction projects, e.g. infrastructural ones. Meanwhile, there exists a need for similar research to focus on temporary organisations created for the purpose of performing construction work. The authors took up this subject and examined a self-organising network of communication between the participants of the construction of a multi-family residential complex located in Katowice, Poland. The structural analysis of this network facilitated its in-depth understanding and identifying certain flaws and dysfunctions concerning individual participants of this project, which became a basis for further discussion. At the same time, the authors highlighted the benefits of managing such a self-organising network in the context of the effective achievement of project goals.

Value-based Healthcare: Increasing Value by Reducing Implant-related Health Care Costs.

Value-based Healthcare: Increasing Value by Reducing Implant-related Health Care Costs.

A MCMC approach for modeling customer lifetime behavior using the COM‐Poisson distribution

One of the major challenges associated with the measurement of customer lifetime value is selecting an appropriate model for predicting customer future transactions. Among such models, the Pareto/negative binomial distribution (Pareto/NBD) is the most prevalent in noncontractual relationships characterized by latent customer defections; ie, defections are not observed by the firm when they happen. However, this model and its applications have some shortcomings. Firstly, a methodological shortcoming is that the Pareto/NBD, like all lifetime transaction models based on statistical distributions, assumes that the number of transactions by a customer follows a Poisson distribution. However, many applications have an empirical distribution that does not fit a Poisson model. Secondly, a computational concern is that the implementation of Pareto/NBD model presents some estimation challenges specifically related to the numerous evaluation of the Gaussian hypergeometric function. Finally, the model provides 4 parameters as output, which is insufficient to link the individual purchasing behavior to socio‐demographic information and to predict the behavior of new customers. In this paper, we model a customer's lifetime transactions using the Conway‐Maxwell‐Poisson distribution, which is a generalization of the Poisson distribution, offering more flexibility and a better fit to real‐world discrete data. To estimate parameters, we propose a Markov chain Monte Carlo algorithm, which is easy to implement. Use of this Bayesian paradigm provides individual customer estimates, which help link purchase behavior to socio‐demographic characteristics and an opportunity to target individual customers.

Barriers, external aspects and trust factors in horizontal networks of companies: a theoretical proposal for the construction of a model for evaluation of trust

The management of horizontal networks of companies is necessarily linked to the construction of trust between its components. Based mainly in non-contractual relationships, trust becomes a significant factor for the development of these horizontal networks. The objective of this paper is to build a theoretical model for the assessment of trust within horizontal networks of companies. The technique of theoretical triangulation through a portfolio of articles on the subject was used. Bibliographic review permitted to establish that the studies evaluated dealt with three separate trust factors: those that hamper, those that build and those that facilitate. Within each group all elements that bring beneficial forms of interaction and result in a contribution that permits the survival of networks through the mediation of trust relationships were identified. With this it is presented a parity comparison structure in which its weights can be obtained using the multicriteria method of the analytic hierarchy process. And also presents a model of evaluation of trust based on perceptions and expectations and that can be applied as an instrument for the management of relations in horizontal company networks.

Enhancing the supplier's non-contractual project relationships with designers

Project delivery involves networks of customers, contractors, sub-contractors, suppliers, and designers. Strong interorganizational relationships are considered relevant to project performance. Previous research has focused on contractual relationships in direct supply chains, with little attention to suppliers and their non-contractual relationships. This study develops and tests a framework of relationship strength and its antecedents in the non-contractual relationship between suppliers and designers as third parties in construction projects. The intent is to identify the key factors relevant to enhancing the supplier's non-contractual relationships with designers. The results reveal the supplier's activeness and technical capability as antecedents to trust, and supplier's technical capability and supplier–designer cooperation beyond project boundaries as antecedents to commitment. The different antecedents of trust and commitment imply alternative pathways for strengthening non-contractual relationships in construction projects, thereby deviating from activities in contractual relationships. Further research is proposed on other types of third parties and other antecedents of commitment.

Chapter 7: The Seat as a Connecting Factor to Different Laws

Chapter 7 explores different areas of law applicable to a company and its stakeholders, and which can be changed through a seat transfer. This is done in order to strengthen the results from the empirical research through a legal analysis of the different areas of law applicable to a company and ist stakeholders, expressly focusing on the connecting factors that form the link between company law and related fields. The objective of the Chapter is not to give an exhaustive list but to focus on certain key areas, such as company law, insolvency law, tax law, securities law, employment law, and the law applicable to contractual and non-contractual relationships and jurisdiction of courts in such matters. The importance of these areas is that all of them regulate the relationship between the stakeholders. The result of this analysis strongly confirms the results of the questionnaire: the company seat is a connecting factor to various different laws applicable to the company and its stakeholders. If this connecting factor is moved to a different country, the applicable laws change as well.

Civil responsibility of arising from the contravention of trade secrets in Non-contractual relationships

Abstract. Certainly, the system of intellectual property is one of the New Economic Policies and an infrastructure issue to provide sustainable development of countries at the international level. In this regard trade secrets are crucial which are depended on not only competition law but also industrial property. Since trade secrets are vital information that a businessman or businesswoman might overcome other competitors. However essence of trade secrets causes its inefficient legal protection. We discuss in this paper responsibility of arising of violation of trade secrets in non-contractual relationships.

Contract, Friendship, and Love in The Merchant of Venice

Shakespeare shows how enforceable contract not only undergirds the city of Venice, which makes a multicultural society possible, but its corrosive effects on non-contractual relationships like friendship, love, and marriage. This is evident in the decisions, actions, and relationships of Antonio, Bassanio, Portia, and Jessica. Although Shakespeare concludes the play on a happy note, the conclusion one can reach is that, despite its advantages, regimes based on commerce and contract fail to create the conditions for friendship, love, and marriage to flourish.

The Nemesis of Project Management: The Gaping Non-contractual Gap

As projects grow in size and complexity, they become ever more difficult to manage. Project management often stumbles in very large and complex projects. Time and cost overruns are rife in such cases. As I will show, one of the key reasons for this is that non-contractual relationships between project parties begin to dominate contractual relationships as projects grow in size and complexity. The non-contractual gap also grows at a growing rate. It cannot be mastered by more contracts, however. Trust is the only viable way forward.

Some reflections on non-contractual obligations in cyberspace considering the Rome II regulation

Internet penetration has created a revolutionary change in people's communication nowadays. By creating immaterial and elusive cyberspace, without borders and limits of communication a three-dimensional territorial concept has been transformed by globalizing social relations and reducing importance of regional or national dimensions. All situations taking place on the Internet also occur somewhere in the reality. Sometimes it is difficult to measure whether the events are random or unrelated to particular events. Technological progress offers new possibilities to change a user's real location either consciously or subconsciously. However, the law is highly territorial in nature. This article focuses on existing conflict of law rules under the EU law and reveals its weaknesses in relation to non-contractual obligations caused by the Internet. Therefore, the author observes core concepts of the applicable law by analyzing the legal notions and information technology concepts and assessing the suitability of regulation in cyberspace. The EU regulation, the doctrine of European and domestic authors as well as the EU case law have been examined. As a result, a number of conclusions have been drawn on the suitability of non-contractual relationships in cyberspace considering Rome II Regulation.

The Mysteries of Artemis of Ephesos: Cult, Polis, and Change in the Graeco-Roman World, by Guy Maclean Rogers

The Mysteries of Artemis of Ephesos: Cult, Polis, and Change in the Graeco-Roman World, by Guy Maclean Rogers. Synkrisis. New Havem, Connecticut, Yale University Press, 2012. xxvi, 499 pp. $45.00 US (cloth). Guy Rogers reveals in his book, The Mysteries of Artemis of Ephesos: Cult, Polis, and Change in the Graeco-Roman World, how the cult of Artemis at Ephesos endured and inspired Ephesians for half a millennium. He argues that the ability of the Ephesians to adapt the theology and ritual practices of the cult to changing political, social, and economic situations was central to the cult's popularity and success. Rogers effectively gathers, incorporates, and interprets epigraphic, archaeological, and literary evidence in an insightful, innovative, and convincing recreation of the cult and mysteries of Artemis at Ephesos. The book is divided into three major sections. Part I (Chapters One through Three) deals with Initiation, Part II (Chapters Four through Nine) focuses on Rites, while Part III (Chapter Ten) covers Viewing. Also included in the book are six maps, twenty-seven black and white photos, three colour plates, four indices, notes, a glossary, an extensive bibliography, a general index, indices of ancient authors, and inscriptions. Information pertinent for understanding the book is addressed in Chapter One. For instance, the importance of Artemis Ephesia and the goddess's special relationship with the polis is explored. Next an overview of the evidence and methodology is presented, followed by an explanation of the crucial relationship between ancient votive religion and mystery cults. Here the author emphasizes the non-contractual relationship between humans and gods. Vows were made to achieve short-term goals, and man's interaction with the divine was ongoing and subject to negotiation. Finally, Rogers provides a thorough overview of ancient mysteries cults for those who are not experts. The second chapter offers a clear presentation of the epigraphic evidence for the celebration of the mysteries within the context of the struggle between Lysimachos and Demetrios Poliorketes for control of Ephesos. First a topographical association for the celebration is established. Next important epigraphic evidence is considered. For example, the Gerousia Decree is significant because it contains the first substantial evidence for the celebration of the mysteries. Additionally, a citizenship decree from 302 includes the first epigraphic reference to the Kouretes, who formed an essential part of the celebration according to Strabo. However, the Kouretes acted as functionaries of the temple at this time. The epigraphic evidence reveals that between 302 and 294, the major institutions of Ephesos supported Demetrios Poliorketes. His eventual defeat by Lysimachos led to significant changes in the celebration of the mysteries. Chapter Three addresses the consequences of Lysimachos' victory. Lysimachos forced the inhabitants of Ephesos to move to a new city, Arsinoeia, which was physically separated from the Artemision. According to Rogers, the forced resettling of the Ephesians was not unique and was done for military, political, and climatic reasons. Lysimachos rearranged the celebration of the mysteries based on Artemis's assistance in his military victory of 294 BCE. A more ominous change was the transfer of responsibility for the celebration of the mysteries from the Artemision to the polis. Ephesians oversaw the celebration of the mysteries of Artemis until the demise of the cult in the third century CE. Chapter Four includes much detail about the successive Roman contenders for control of Ephesos and the cult of Artemis, while at the same time, clearly explains how humans and gods were an interdependent community and how the Kouretes, as protectors of Artemis, were crucial to divine order. …

Strengthening Customer Relationships

Building long-term, profitable, customer relationships has become a strategic mandate for service firms. In this research, the authors present a modeling framework for understanding the decision of a noncontractual customer to strengthen the relationship with the firm by migrating to a contractual relationship. Drawing upon expected utility theory, the customer migration decision is modeled as a function of expected gains (actual expectations of service usage) and losses (price of the noncontractual service). In addition, the authors investigate the direct and indirect effects of the age of the noncontractual relationship and propose a model to understand the process of expectations formation. The framework is tested empirically in a business-to-consumer context in mobile communications services. The findings provide strong support for the proposed model and they reveal that actual expected service usage and noncontractual price increase the probability of the customer migrating to a contract, and that relationship age has both direct (positive) and indirect (through expected service usage) effects on the studied behavior. The present study also provides new theoretical and empirical insights into the formation of actual customer usage expectations. Finally, the study findings have several important implications for service managers to strengthen their relationships with their current noncontractual customers. For example, they need to proactively manage customers’ actual expectations about future service usage in order to increase a customer’s probability to migrate to a contract.