Contractual Relationships Research Articles

Unreal States and the Folly of People: Human Security and G. L. Dickinson’s Public Education for Reforming International Relations

This article explores the prototype of human security by examining public opinion in a pamphlet titled The War and the Way Out (1917). It was written by a British liberal internationalist, G. Lowes Dickinson, who has been known to be interested in public opinion as a political force. Most research has regarded public opinion as a passive recipient to be educated, leaving the question of what active part the public could play in politics. Yet, the active role of public opinion has been crucial to the promotion of human security and of international security. Dickinson’s pamphlet demonstrated two steps by which public opinion could be active: independent thinking about international relations from individual perspectives and a contractual relationship between people and states. Although emphasising people instead of states, Dickinson’s idea about security still relied on states as institutions as well as educated people as an independent agency. This thinking was based on colonialism and elitism that civilised people and states should guide the rest. While the discussion of public opinion has often been located either in the lineage of elitism or democratic control of foreign policy, this paper illustrates that both were included in liberal internationalism and thinking about security.

Circulation Expectations, Farmer Trust, and Farmers’ Contract Choice Behavior

This study investigates the influence of expectations and trust on farmers’ decisions regarding contractual choices in land transfer. The dataset used for analysis consists of 1101 households in a province in western China. The research focuses on two aspects: the selection between written and oral contracts, and the decision to continue the contractual relationship. The findings reveal that farmers’ choices are significantly affected by their expectations and levels of trust. Specifically, when farmers’ expectations regarding the land transfer process are not met, they tend to prefer written contracts over oral ones. This preference can be attributed to the greater clarity and risk reduction offered by written contracts. On the other hand, higher levels of trust increase the likelihood of farmers continuing the land transfer contract, as trust fosters a sense of confidence and security in the ongoing relationship. Interestingly, trust also plays a moderating role. Farmers who have aligned expectations and high levels of trust are more inclined to opt for oral contracts. This preference for oral contracts can be attributed to their flexibility and emphasis on interpersonal relationships, allowing for better adaptation to the changing dynamics of land transfer. These findings contribute to a deeper understanding of the factors influencing farmers’ decision-making processes regarding contractual choices in land transfer. They provide valuable insights for policymakers involved in land transfer, enabling them to optimize policies and facilitate farmers’ decision-making processes.

Структура высших органов власти в первый период российской государственности

Interest in political history and the supreme state power is growing due to the recognition of the state importance. The purpose of the article is to analyze the structure of the supreme authorities in the first period of Russian statehood. The research references studies of the early Slavic statehood. In the first period of Russian statehood, the supreme power incorporated contractual relations, joint rule, elements of politia and social self-organization. The structure of the supreme authorities was threefold. The combination of various elements of power provided legitimacy and manageability. The structure of the governing bodies included elements of collegial and sole power, representation, advisory institutions. The research of the past provides material for identifying historical patterns and their presence nowadays.

The Principle of Loyalty in the Contractual Relationship: Insurance Seeker –Insurance Intermediary – Insurer

Having attempted to define the duty of loyalty of the parties to the tripartite relationship: insurance seeker – insurance intermediary – insurer, the author of the article tries to answer the question whether it can be classified as an obligation of increased trust. He applies the dogmatic as well as empirical legal methodologies in order to implement the previous research hypotheses. The perception of loyalty varies from obligation to obligation. This duty intensifies in relationships based on cooperation and broadly understood intermediation, which is characterised by decision-making freedom of the ordering party before the conclusion of the contract with a contractor specified by the intermediary and independence of the insurance broker’s activities. The formula is based on a significant risk and trust at the same time. Firstly, insurance brokers do not know whether the presented offer will satisfy insurance seekers and, secondly, they cannot be sure if their offer will be finally accepted. Therefore, on the one hand, the duty of loyalty requires the intermediaries to provide extensive information about all the circumstances of the potential transaction, and, on the other hand, the same duty burdens the insurance customers with the obligation to confirm the actual situation caused by the insurance broker, in which the intended goal has been achieved. All in all, the intermediary’s purpose can only be accomplished with the participation of the insurance seeker. The aim of the article is to develop the model for the proper implementation of the tripartite obligation relationship, consisting of the entity seeking insurance cover, insurance intermediary and insurer.

Public-Private Partnership: A Bibliometric Analysis and Historical Evolution

The broad and extensive application of public-private partnership (PPP), as well as the divergent documented definitions and experiences, have led to a translucent perspective of PPP and strained academia and industry to reach a consensus on the major practice of this concept. Early contractor involvement (ECI), governance tools, and relational contracting are only a few of the frameworks attributed to PPP. This issue has received limited attention from researchers, despite the focus of review studies on different disciplines of PPP. Hence, this paper puts forward the idea of conducting a comprehensive review to not only shed light on the major practice of PPP but also provide a wider outlook on this concept based on the research carried out since 1979. A narrative review is initially accomplished to identify the major drivers and milestones that have contributed to the evolution of PPP. Employing bibliometric analysis in the following phase assists in conducting a multi-dimensional assessment of studies published within the last five decades. The economic and societal practices of PPP throughout its evolution path signified the dominant application of this concept as a business model. The bibliometric analysis revealed that PPP has contributed to various sectors, i.e., urban development, public infrastructure, transportation, health, and education, just to name a few. In addition, economic and organizational management of PPP was revealed as a major research stream that was accompanied by sustainable development. As a matter of fact, economic and environmental sustainability are the major cross-disciplinary elements that form an interplay between the drivers and attributes of PPP. Value for money (VfM), technology, and innovation, along with smart infrastructure (SI) and smart cities (SCs), are identified as the major directions for the future research agenda associated with PPP.

Legal and Technological Aspects of Life Cycle Contract Implementation in the Long-Distance Passenger Rail Transportation

The analysis and the experience gained in shaping contractual relations in the LCC format, both on the part of foreign companies and in the domestic market, have resulted in the conclusion that it is beneficial for the customer to conclude LCC. Ultimately, the costs are reduced by about 10-15 % compared to the traditional form of contractual relations (separate contracts for manufacturing and, respectively, service maintenance). LCC is also advantageous since it eliminates the need to search for and subsequently contract the contractors at the stage of operation.When concluding LCC contract, both purchase and subsequent maintenance of rolling stock can be carried out through a concession agreement in compliance with legislation regulating the procurement procedure. When purchasing, it is necessary to be guided by the requirements of federal law in terms of mandatory tender procedures and selection of potential suppliers.The analysis of existing models for formation of contractual relations for maintenance of rolling stock under the LCC contract has shown that it is advisable to consider the possibility of extending it to newly manufactured passenger rolling stock used in long­distance passenger transportation.

The Impact of Psychological Contract, Physical and Mental Health on Burnout in Grassroots Civil Servants: Evidence from China.

The report of the 20th Party Congress proposes to build a high-quality cadre capable of taking on the important task of national rejuvenation. Grassroots civil servants are facing great pressure and challenges, and alleviating burnout has become an important issue in the construction of grassroots civil servants. Empirically analysing the impact of psychological contract on burnout of grassroots civil servants in the Chinese context will help to build a high-quality grassroots civil service team. Using a sample of 1824 grassroots civil servants in China, this study empirically examined the effect of the psychological contract on burnout among grassroots civil servants using the OLS methodology, conducted a robustness test by way of substituting variables and research methods, and then discussed the mediating effect of physical and mental health in the psychological contract and burnout among grassroots civil servants. The study showed that grassroots civil servants' psychological contract had a significant negative impact on burnout; transactional psychological contract was positively related to burnout, and relational and developmental psychological contracts were negatively related to burnout in grassroots civil servants. The results of the heterogeneity analysis showed that the effect of psychological contract on burnout differed by age, gender, exercise frequency, and sleep status. The results of the mediation analysis showed that higher psychological contract scores were related to better physical and mental health, thus inhibiting burnout among grassroots civil servants. This indicates a significant mediation effect of physical and mental health in the relationship between psychological contract and burnout of grassroots civil servants. The psychological contract of grassroots civil servants has a significant negative effect on burnout, and physical and mental health mediate between the two. These conclusions are of great theoretical and practical significance for alleviating the stress of grassroots civil servants and improving their work performance.

Surrogacy in the Republic of Kazakhstan: A theoretical and legal perspective on legislative regulation improvements

A comprehensive understanding of medicine and psychology is indispensable for successful surrogacy practices. This paper aims to provide a qualitative assess-ment of modern Kazakhstan's legislative regulation of surrogacy in light of con-temporary challenges. This paper intends to highlight some aspects of surrogacy law that have not been adequately expressed in Kazakhstan contract law. The study revealed that a number of issues in this area are not regulated by law in Ka-zakhstan, creating legal gaps and potential contract law issues. Preparing a docu-ment or official commentary addressing many issues in contractual relationships pertaining to surrogacy contracts could be an essential solution. Family and healthcare lawyers will find the information in this paper useful for their practices.

Presumption of Employment in Non-Standard Labour Relations on Digital Platforms

The article discusses the problematic aspects of employment on digital platforms. Using the example of the Glovo courier service, the author analyzes the legal regulation of these labour relations in Ukraine and abroad. The study reasonably proves that in the delivery relationship, there is a presumption of employment, and therefore automatic recognition of the relationship between the courier and the Glovo digital platform as an employment relationship. This fact does not need to be established in court. Unfortunately, the Ukrainian experience is not encouraging: not only are these relations not regulated by law, but the courts refuse to recognize them aslabour relations. The article draws the following conclusions. (1) The lack of legal certainty leads to various consequences: non-payment of taxes to the state budget and unified social contributions, which has an impact today and also has a delayed effect in the future. Although it is common practice in Ukraine for such drivers or couriers to be registered as individual entrepreneurs, and while this partially resolves the issue of paying taxes and fees, the issue of labour and legal protection remains relevant. (2) The analysis of the decision of the Supreme Court of Spain provides additional arguments in favor of the need to enshrine in the national labour legislation the presumption of an employment relationship in the field of courier services provided through a digital platform, in particular, Glovo. (3) The national court practice is only beginning to be formed in the area of establishing the fact of labour contractual relations on digital platforms. There is an law contracts. To change this paradigm, the greatest hopes should be placed on the Supreme Court, which, with its quasi-precedent-setting decision, can adjust and set a new tone in establishing the fact of labour relations. (4) Maintaining the status quo will have short- and long-term negative consequences,contributing to a situation of permanent violation of social and labour rights ofemployees, which directly contradicts both the Constitution and Ukraine’s Euro-Atlantic integration aspirations. Key words: labour relations, non-standard forms of employment, non-standardlabour relations, presumption of employment, establishment of the fact of labourrelations.

Impact of Contract Management on Contractors Profit

Abstract: The Aim of the study is to establish the effects of contract management on contractor`s profit. Contract management is the process of administering the legal and contractual relationships that a business forms with vendors and employees. Contract management is concerned primarily with written contracts that constitute an obligation to perform a service in exchange for payment. Being mindful of the process for managing contracts is important to business leaders because it enables them to keep a close eye on the relationships they form with stakeholders.

Patient's Right to Obtain The Electronic Medical Record Contents in Therapeutic Contract According to Indonesian Civil Law Perspective

The relationship between patients and health care providers is a contractual relationship. Health service providers have obligations to patients, one of which is to maintain medical records in health services. This obligation arises as a form of fulfilling the patient's right to obtain the contents of the medical record. The results showed that fulfilling the patient's right to obtain the contents of the record is one of the achievements in the form of giving something in a therapeutic contract. Meanwhile, violation of the fulfillment of these rights in a therapeutic contract is an unlawful act, so that this matter can be sued based on the provisions in Article 1365, 1366, and 1367 of the Indonesian Civil Law. However, based on the provisions of Article 1865 of the Indonesian Civil Law, the burden of proof in lawsuits against the law is borne by the patient as the litigant.

제3자에 대한 이혼위자료청구권과 소멸시효

Recently, a 2nd trial court found that the right to claim for damages resulting from an adultery to the person engaged in a sexual relation with a married person shall lapse by prescription if not exercised within three years commencing from the date on which the injured party becomes aware of such adultery and of the identity of the person who caused it. Furthermore, the court dismissed the claim of the plaintiff on the ground that the claim of the plaintiff had expired due to the extinctive prescription. The Supreme Court rendered a judgment dismissing the appeal to the effect of accepting the trial court without any separate legal explanation. The main purpose of this article is to point out the problem of the judgment of the above court regarding the starting point of the extinctive prescription of the right to claim alimony for divorce against a third party. Liability for damage due to infidelity itself is different from the liability for alimony in cases where the breakup of the marriage relationship or divorce occurs due to the infidelity, in view of the contents of the provisions of the Civil Act and the Family Litigation Act, and the difference of the causes and damages of each liability. The starting point of the extinctive prescription of the right to claim for alimony for divorce should be regarded as the time of dissolution of the marriage (or when the divorce is established). The 2nd trial court's argument that the extinctive prescription of the right to claim for alimony for divorce has been completed is not an argument for the extinctive prescription itself, but an argument for whether it is appropriate to acknowledge the liability for alimony for divorce to a third party. On the other hand, whether or not the right to claim alimony for divorce against a third person is acknowledged requires a separate review. It is difficult to generally recognize the right to claim alimony for divorce against a third party. The reason is as follows. First of all, the liability for compensation for alimony due to extreme mental anguish suffered by a victim spouse due to the involvement of a third party in cheating can be acknowledged through the exercise of the right to claim for cheating itself in a civil court not a family court. Secondly, it is difficult to uniformly admit a causal relationship between temporary or short-term cheating and divorce. The establishment of divorce is the result of a decision based on the free will of the couple concerned. A third party who participates in cheating violates the contractual relationship between the victim and the offending spouse. Nevertheless, if a third party urges the victim spouse to divorce by threats or coercion, or if the third party maintains a de facto marital relationship with the spouse at fault until the judicial divorce is established(if there are special circumstances where it can be seen that the third pary has an intention to break up the marriage relationship of the other person), the third party's liability for alimony for divorce must be acknowledged.

Legal Foundations of Business: Navigating the Regulatory Landscape in Commerce and Management

This article delves into the critical intersection of legal foundations and the realm of commerce and management. It explores the dynamic interplay between law and business operations, emphasizing the pivotal role of legal considerations in shaping organizational structures, contractual relations, employment practices, intellectual property protection, risk management, and international business endeavors. The narrative underscores the strategic imperative for businesses to not only comply with legal mandates but also leverage legal principles to enhance decision-making, foster innovation, and build a foundation for sustainable success. Professionals in commerce and management are encouraged to embrace a proactive approach to navigating the regulatory landscape, thereby ensuring ethical conduct and resilience in the face of evolving legal complexities.

Policy Note: Government Linked Companies (GLCs) as Investors in Water Sector in China: Implications for Public–Private Partnership (PPP)

This paper investigates the role of government-linked companies (GLCs) in public–private partnerships (PPPs) for urban water supply in China. GLCs are corporations in which the government has significant ownership, control and influence while being registered under the same corporate law as private companies. Separate from local governments that own water utilities, they form contractual relationships with local governments (or water utilities owned by local governments) under PPP arrangements, rendering them more accountable and profit-driven. We analyze an emerging PPP model in China’s water sector, where GLCs serve as major investors, and assess their effectiveness and limitations. Our findings indicate that the involvement of GLCs improves water utilities’ performance, and the quality of their water supply services, while offering potential advantages such as stronger financial capability, higher political risk resistance capacity, and mitigation of public tension. However, concerns persist about risk-sharing, political interference, and local government control. This research contributes to understanding the evolving landscape of PPPs in China’s water sector and the potential implications of GLC involvement for urban water supply systems globally.

Comparative effects of relational mechanisms and formal contracts on alliance success

PurposeThe research is aimed at investigating how relational mechanisms and formal contracts affect alliance success under constructive and destructive conflict.Design/methodology/approachWhile relational mechanisms and formal contracts are widely used in strategic alliances to manage a variety of issues among partners, recent research has indicated that effects of these governance mechanisms may change in distinct contexts. Adopting the lens of new institutional economics, this study provides insights on the comparative and interactive effects of relational mechanisms and formal contracts on alliance success, and the differential contingency effects of two types of inter-partner conflict, i.e. constructive and destructive conflict, on the above relationships. The authors use hierarchical multivariate regression analyses through a survey dataset of 392 alliance firms in China with the approach of two key informants.FindingsThe empirical results confirm that relational mechanisms have a stronger positive effect on alliance success than formal contracts and these two governance mechanisms complement each other in driving alliance success. When facing a high level of constructive conflict, partner firms rely to a greater extent on relational mechanisms than on formal contracts to achieve alliance success. When a high level of destructive conflict exists, partner firms depend more heavily on formal contracts than on relational mechanisms to achieve alliance success. Moreover, the complementary effect of the two governance mechanisms is much stronger when partner firms face high constructive conflict than when they face high destructive conflict.Originality/valueThis study discloses the comparative and interactive effects of relational mechanisms and formal contracts on alliance success in distinct contexts by identifying the moderating roles of constructive and destructive conflict.

How to believe? Building trust in food businesses' consumers based on psychological contracts

PurposeThe purpose of this study is to understand the psychological mechanism that affects consumer trust by focusing on the formation and influence process of psychological contracts, and taking this opportunity, explore the influence paths of food quality, food safety and service quality on consumer trust in the online food market, and provide theoretical suggestions for building trust in food businesses' consumers.Design/methodology/approachThis study is based on an empirical investigation and uses partial least square structural equation modeling for analysis. Survey data were collected online from 359 APP users of online food transaction platforms in China.FindingsFood quality, food safety and service quality influence consumer trust through the mediating effects of relational and transactional psychological contracts. However, the differences between these influencing paths are obvious and shift with changes in the marketing channels.Practical implicationsThis study contributes to the body of consumer trust research by exploring online food transactions as an emerging trend in China. Some optimization strategies for food quality, food safety and service quality are provided for enterprises involved in online food transactions.Originality/valueThis is a pioneering study revealing psychological contracts as a missing but significant mediator between consumer trust and its antecedents.

MANUFACTURERS AND STRICT LIABILITY FOR DEFECTIVE PRODUCTS Wagener v Pharmacare Ltd; Cuttings v Pharmacare Ltd 2003 4 SA 285 (SCA)

For years academics and consumer activists have been calling for manufacturers to be held strictly liable for defective products, irrespective of whether or not they are contractually linked to consumers. In the United States of America, for example, these calls go back as far as the 1940s. The present position in our law is that, unless the action arises out of a contractual relationship, the general principles of delict apply and negligence or intentional misconduct on the part of the manufacturer must be proven by the injured consumer. The problem for consumers is that it is often very difficult for them to do this. This is particularly true in South Africa where we have a highly sophisticated manufacturing industry serving a largely unsophisticated consumer market. Following Ciba-Geigy (Pty) Ltd v Lushof Farms (Pty) Ltd (2002 2 SA 447 (SCA)), some suggested that the Supreme Court of Appeal had left the door open for the courts to recognise strict liability in delict for unintended harm caused by defective products. Neethling and Potgieter in their article “Die Hoogste Hof van Appel laat die Deur Oop vir Strikte Vervaardigersaanspreeklikheid” (2002 TSAR 582) concluded as follows:“Aangesien die appelhofuitspraak in Ciba klaarblyklik nie afwysend staan teenoor die erkenning van strikte risiko-aanspreeklikheid op die gebied van defekte produkte nie, vertrou ons dat die howe in verdienstelike gevalle hieraan gevolg sal gee” (586).However, in Wagener v Pharmacare Ltd; Cuttings v Pharmacare Ltd (2003 4 SA 285 (SCA)) the Supreme Court of Appeal closed the door, holding instead that introducing strict liability for manufacturers is the prerogative of the legislature and not the courts.

The uneasy case of tortious interference with a contractual prohibition of assignment

Tortious interference with an existing contractual relation, induced by a third party, is regarded as a valid ground to impose extra-contractual liability upon the inducer. The following article aims to compare the different types of legal approach to this type of tort throughout a variety of national legislations. As it turns out, its field of application is quite broad and comprises both individuals and legal entities irrespective of their mercantile capacity. This leads to the issue about the possibility to apply the tort in case of a contractual prohibition of assignment. Despite the fact that all the necessary pre-requisites of this tort, set forth by the legislator or clarified by case law, can be established whenever there is a breach of the clause prohibiting assignment, national and supranational legislative acts seem reluctant to impose a tortious liability upon the assignee. The main reason for this circumstance is the influence, exerted by the respective provisions of the Uniform Commercial Code, that have subsequently been adopted by the United Nations Convention on Assignment in International Trade (2001). A glimpse upon various provisions of European legislations, as well as some relevant case law, reveal the lack of a uniform approach within the EU. The article puts to critical discussion the influence upon economic relations of an eventual introduction of extra-contractual liability imposed upon the assignee for inducing the breach of an anti-assignment clause.

Contracts in Financial Law: Concept and Features

The paper examines the need to highlight at the legislative level an independent institution of the contract in financial law. Purpose and objectives of the study: to determine how relevant for the public branches of law at the present stage of development of domestic legislation is the formation of an independent institution of contractual relations, taking into account the convergence of public and private principles. Based on a formal legal analysis of the available scientific papers on the topic of the study, a conclusion is made about the importance of introducing the legal term “financial public contract” into legal circulation. Through comparison, the author comes to the conclusion that there is a dual understanding of the contract in financial law: on the one hand, as a formalized source of law, on the other, as an individual law enforcement agreement. At the same time, the latest interpretation of the financial public contract meets modern demands in the field of achieving government objectives by attracting the private sector both as a performer and an investor. The author’s understanding of the financial public contract is formulated. Improving the legal framework is possible only on the basis of sufficient doctrinal research on this issue, taking into account the opinion of law enforcers. It is necessary to continue to form a scientific and applied justification for the independent legal regulation of contracts in the public branches of Russian law, including financial law.

Relational contract theory, the relevance of actual performance in contractual interpretation and its application to employment contracts in the United Kingdom and Australia

This article articulates a theory of relational contract, as an alternative to traditional freedom of contract philosophy. The law has moved away from freedom of contract to some extent, and it can be criticised on the basis of its unrealistic assumptions and detachment from the typical reality of parties’ contracting. Relational contract theory is a possible suitable alternative theoretical framework. It may be useful in relation to contract interpretation. Specifically, it can be utilised to support a broader approach to contract interpretation, with the court focussing on the entirety of the parties’ relations, including the written terms and also subsequent performance. It enjoys some support in the United Kingdom and in other common law jurisdictions. It can support the view taken by two justices of the High Court of Australia in a recent contract interpretation decision involving employment contracts. The article favours the approach taken by these justices, rather than that of the majority, whose judgment reflects classic contract law sentiments at odds with the general direction of contract law in comparative jurisdictions.