Contractional Structures Research Articles

Peculiarities of the subject of the contract for the sale of future real estate object

The article examines the peculiarities of the subject matter of a new contract for the sale of future real estate and its qualifying features. The author emphasizes that the new contractual structure, as well as the specifics of obligations in this area, have not yet been studied by representatives of the national scientific community.The main attention is paid to the characteristics of the subject of the contract. The author proves that it is appropriate to consider the combination of actions and the object of their influence as the subject of the contract under study, which in its totality helps to fully demonstrate the content of the obligation and understand the orientation of the interests of the subjects of the transaction.The article also examines other peculiarities of the subject of the specified sales, which are due to the specificity of its object contract. According to the analysis of the future real estate object’s marketability and the legislatively enshrined general mechanisms for acquiring the right of ownership, the author proposes to amend Article 13 of Law No. 2518-IX by excluding the provision on the seller’s provision of transfer of the real estate object to the buyer after commissioning of the completed construction object.The author concludes that the subject of the contract under study is both the actions performed by the parties in the process of execution of the transaction and the object of their influence which tends to change depending on the stage of performance, and the legally enshrined name of the transaction under study does not mean that all traditional, mandatory attributes of a sale and purchase agreement are extended to obligations regarding the future real estate object.

Contract-based Testing Using the Ontology Approach

This article analyzes the use of contract testing to verify the compatibility of two components, specifically web servers that use an Application Programming Interface (API) for data transmission. Additionally, the article includes a comparison of APIs and contract tests and describes cases where the latter have an advantage. A contract structure for contract testing is described. The article contains a description of the ontological approach for comparing knowledge about the business systems of the provider, in the form of ontologies, with the software representation of the consumer system, stored in the form of classes. A structure of the object that supplements the contract by providing it with business logic level checks is developed. Basic predicates that form the basis of this method are proposed and described. The use of the mapping field allows for the use of thesauruses or dictionaries for automated replacement of concepts when using synonym words. An example is provided that demonstrates the operation of this approach, namely: a simplified representation of the provider system’s concepts, a simplified structure of the consumer system’s classes, an example of an API and a contract for it, an extension using the developed approach, and the result of test execution.

Multi-phase deformation and analogue modelling of the Junggar Basin, NW China

Based on the theory of superimposed deformation and the regional tectonic background, the multi-phase non-coaxial superimposed structures in Junggar Basin were systematically analyzed using seismic interpretation, field outcrop observation, and paleo-stress field recovery methods according to the characteristics of the current tectonic framework. Moreover, the tectonic evolution process of the basin was reconstructed using sandbox analogue modelling technology. The results showed that the study area has experienced five phases of non-coaxial deformation with superimposition: The first phase of deformation (D1) is characterized by NNE-SSW extension during late Carboniferous to early Permian, which formed large graben, half graben and other extensional structure style around the basin. The second phase of deformation (D2) is represented by NE-SW compression during the middle to late Permian, and it comprised numerous contraction structures that developed based on D1. The basic form of the entire basin is alternating uplift and depression. The third phase of deformation (D3) is the NW-SE transpressional strike-slip in the Triassic-Jurassic, which produced numerous strike-slip structural styles in the middle part of the basin. The fourth phase of deformation (D4) is the uniform sedimentation during Cretaceous, and the fifth phase (D5) is the compression along NNE-SSW due to the North Tianshan northward thrust, which produced three rows of fold thrust belts and tear faults in the front of the mountain in the southern margin of the basin. The newly established three-dimensional tectonic evolution model shows that, based on the large number of NW-trending grabens and half grabens in the Carboniferous basement of Junggar Basin, multiple level NE trending uplifts have formed with the joint superposition of the late structural inversion and multiple stress fields. This has resulted in the current tectonic units of alternating uplifts and depressions in different directions in the study area.

Применение корпоративного договора в наследственных правоотношениях: проблемы теории и практики

The application of corporate agreements in hereditary matters poses significant challenges both in theory and practice. This article delves into the legal significance of the corporate agreement in the field of hereditary legal relations, examining its legal essence and peculiarities of content. The author explores the use of the corporate agreement as a tool for of hereditary planning, highlighting possible ways of its effective application as an auxiliary mechanism for regulating relations among members of an economic society and minimizing hereditary-corporate conflicts. The permissibility of the succession of a party’s position in the corporate agreement in the hereditary process is subjected to scholarly scrutiny, leading to the conclusion of the impossibility of transferring obligations under the corporate agreement to the heir due to the personalized nature of obligations arising from said contractual structure. The absence of direct legal regulation and judicial practice regarding the hereditary succession of a party to the corporate agreement is noted in the article. Further research and legal clarification are needed to address the challenges posed by the hereditary succession of parties to corporate agreements.

Thick- and thin-skinned contractional styles and the tectonic evolution of the northern Sangre de Cristo Mountains, Colorado, USA

AbstractThe Sangre de Cristo Mountains of southern Colorado and northern New Mexico, USA, contain an unusual combination of thick- and thin-skinned contractional structures involving both basement and cover rocks in the Laramide Rocky Mountain foreland. These structures are truncated by down-faulted extensional basins to the east and west. Together with synorogenic sediments, these structures preserve a record of the rise of the Ancestral Rocky Mountains, the Laramide orogeny, and Rio Grande rifting. Laramide structures within the mountains provide clues to processes that link the three events and to necessary conditions for thin-skinned and thick-skinned contractional structures to form together in continental interiors.To examine the full variety of structural styles, a portion of the northern Sangre de Cristo fold- and-thrust belt in Colorado was described and interpreted using geologic maps and structural cross-sections. Stratigraphic relations of the Ancestral Rocky Mountain highlands and basin fill were reconstructed from existing maps. These relations allow identification of faults inherited from the Ancestral Rocky Mountains, differentiation of thrust sheets, and in some cases, estimation of the magnitude of displacement. To examine relations between Laramide thrusts and Rio Grande rifting, kinematic data were collected from a thrust fault adjacent to rift faults.Three thrust fault styles were recognized: thin-skinned basement, thin-skinned cover rocks, and thick-skinned basement. Thin-skinned thrusts arising from a hinterland beneath the present San Luis Valley carried sheets of Proterozoic basement rocks northeast over a Laramide foreland. These basement thrusts are interpreted to be faults of the Ancestral Rocky Mountains that reactivated during the Laramide orogeny. The Laramide foreland consists of thin-skinned thrusts and folds in sedimentary cover rocks as young as 49 Ma. Both thin-skinned thrusts in basement and cover rocks are bounded by thick-skinned basement thrusts that moved intermittently throughout the Laramide orogeny.We infer that thin-skinned thrusts form in continental interiors where deformation is focused in weak strata of thick basin fill and in fluid-reaction weakened preexisting faults in basement rocks. Both conditions are met in the Sangre de Cristo Mountains. Basement thrusts adjacent to the San Luis Valley contain evidence of plastic contractional microstructures overprinted by extensional microstructures that may record the transition from Laramide contraction to Rio Grande extension of the crust.

Managing Inherent IT Business Risk against Cyber Threats: a Decision Analysis Case Study of an Oil and Gas Company

XYZ, an anonymized oil and gas company, aims to enhance cyber resilience by strategically managing inherent risk profiles in cybersecurity, aligned with business needs and stakeholder expectations. This research addresses challenges including Information Security Control determination, proficiency improvement in risk management, and ISMS preparedness. Additionally, it tackles procurement strategy for Security Operations Control across XYZ Group, operating under PSC Gross Split, Cost Recovery, and Non-PSC statuses. Utilizing diverse frameworks such as problem tree analysis, stakeholders’ power-interest matrix, MITRE ATT&CK, NIST 800-53, COBIT 2019, ISO 27005:2022, KAMI 5.0, and SMART, data analysis includes risk documents, interviews, and cyber-attack data. The research establishes effective IS Control for risk mitigation, readiness for Information Security Management System ISMS implementation, strategic programs enhancing risk management capability, and refined Security Operations Control procurement. These outcomes, incorporated into a collaborative contract structure, significantly mitigate cyber threats and potential impacts, such as disruptions to operations, revenue reduction, increased costs, data theft, and non-compliance.

Geology of the eastern tip of the El Tordell Fault, Southern Pyrenees

ABSTRACT Along strike variations of frontal structures at fold and thrust belts allow us deciphering the evolution of contractional structures at early stages of deformation but also, how processes such as salt mobilisation, thrust emplacement, and folding develop. The external parts of the Pyrenees are suitable to investigate how these processes interacted during the Pyrenean Orogeny. The integration of fieldwork and subsurface data allowed us to obtain on the one hand the geological map of the eastern tip of the El Tordell Fault and the Súria Anticline and on the other hand, the 3D structural model of the study area. These two results allowed us to decipher the evolution of the area, which is characterised by the development, under compression, of a salt accumulation at early stages of deformation which was afterwards the locus of the El Tordell Thrust and finally, as deformation progressed, the development of the Súria Anticline.

Digital Transformation of Construction Production Management

Digital Transformation of Construction Production Management

ISSUES OF "GREEN" ENERGY TRANSITION: LEGAL ASPECT

In modern socio-economic conditions, the issues of sustainable development, sustainable economy, resource efficiency and reduction of greenhouse gas emissions have become relevant, and in this regard, the issues of «green» economy, energy transition are being discussed. However, there are no established legal definitions of the terms "green" economy and «energy transition». In the conditions of energy transition, the issues of the «green economy» are relevant for the states that are members of the Eurasian Economic Union (hereinafter referred to as the EAEU) and the Union State (Russia – Belarus). In the conditions of energy transition, new objects of property rights appear (for example, carbon units), new contractual structures are applied, energy efficiency requirements are established when organizing purchases for state and municipal needs, etc. In this regard, it seems relevant to conduct an analysis of the regulatory legal framework of the «green» energy transition in order to substantiate proposals for the development of legislative support for entrepreneurial (economic) activities in the conditions of energy transition. The purpose of the study is to reveal the legal aspect of the «green» energy transition based on the analysis of regulatory legal acts, program documents, scientific statements about the «green» economy and energy transition. Materials and methods. Regulatory legal acts, program documents in the field of regulation of relations related to energy transition, and special literature have been collected for the analysis. The study was conducted using the methods of generalization and analysis, including comparative one. The results of the study. The legal aspect of ensuring energy efficiency, the formation of a low-carbon economy and the reduction of greenhouse gas emissions, a closed-cycle economy in Russia, in the states of the Eurasian Economic Union and in the Union State is considered. Examples of regulation in the regions of Russia of relations on the formation of a circular economy are given. Based on the conducted comparative analysis, it was revealed that the category of «green» economy is used in program and strategic documents, subordinate regulatory legal acts. At the same time, different terms «green economy», «green investments», «green financial instruments», «closed-cycle economy», «circular economy», «green energy», etc. are used. Conclusions. It seems appropriate to improve legislation in the field of regulation of relations connected with energy transition. It is advisable to adopt sectoral and regional plans for adaptation to climate change and energy transition. It is expedient to substantiate and develop proposals for the formation of a concept of legal regulation in the field of energy transition, including common approaches, principles of regulation of the «green» economy in terms of energy transition within the general policy of the EAEU member states and within the Union State.

Derivative Financial Instruments (Derivatives) in Hedging Practices of Non-Financial Organizations

The financial and economic situation in Russia in 2022 has sharply reduced the market for derivative financial instruments (derivatives), including the instruments applied by non-financial organizations (hedgers) to reduce commercial risks (hedging). At the same time, volatility in commodity markets and unilateral restrictive measures increase the risks of unforeseen property losses in connection with the execution of derivatives, which is why Russian non-financial organizations are increasingly trying to invalidate such contracts. However, a commonly used ground for contesting in many cases (violation of the requirements of a law or other legal act (Article 168 of the Civil Code of the Russian Federation)) turns out to be irrelevant, indicating a distorted understanding of the legal nature of derivative financial instruments and contradictory behavior of plaintiffshedgers. Their typical arguments are explained through the legal features of derivatives: the aleatory nature on which the distribution of monetary obligations of the parties and the uncertainty of the amount of monetary provision are based, and the lack of legal prerequisites for the universal presumption of asymmetry of the parties of the hedging derivative. The legal significance of volatility in the contractual structure of a derivative financial instrument is justified by the strict relationship between its regulatory aleatory nature and the random variability of the parameters of the underlying asset, the econometric characteristics of which do not affect the validity and effect of the contract. The author draws conclusions that unlimited property losses on a derivative are preconditioned not only by its aleatory nature, but also by the hedging objectives. It is noted that unconditional application of the concept of strengths and weaknesses in derivative financial instruments involving non-financial organizations is controversial due to various aspects of contractual and information asymmetry.

Directions and Results of Punctuation Management

The article discussed the development of the basics and principles of punctuation in the descriptions of the management of punctuation. The mentioned bases for punctuation—grammar (syntax), meaning, and intonation and pauses—are proposed to be consolidated into two, grammatical (syntactic) and meaning- and intonation-based punctuation, regarding intonation as one of the ways of realizing the meaning of the text. The intonational basis is auxiliary in the realization of the general meaning of the text. It is appropriate to interpret these two bases as criteria for punctuation practice and rule development, and to consider the functionality of the punctuation marks and rules to be the general principle. For specific cases of interpretation of punctuation of syntactic units, the grammatical (syntactic) basis is important.Over the period of 100 years, the regulation of punctuation has largely adhered to a combination of grammatical (syntactic) and meaning- and intonation-based reasoning, only in isolated periods was there a greater tendency toward a more formal syntactic description of punctuation. In the recent period, more and more priority is given to the preferences of the author of the text, if it is necessary for the general meaning of the text.In recent decades, the phenomenon of incomplete, undeveloped or contracted (compressed) structures, which has come increasingly into focus in the descriptions of punctuation, can help to clarify problematic cases of punctuation of altered structures and more accurately define the possibilities of using punctuation marks. Punctuation rulescan be made more functional by breaking down syntactic phenomena in more detail and adding previouslyunexplored syntactic units to the rules.

Kinematic modeling of neotectonic thrusts at the Andean orogenic front (southern Precordillera, Argentina)

The south-central Andes located between 32°-33° S are considered to be a transitional zone between the flat-lying and the normal subduction zones of the Nazca Plate. The active mountain-building processes are mainly concentrated between the Andean eastern foothills and the adjacent broken foreland, as highlighted by crustal seismicity, historic destructive earthquakes, and Quaternary-active contractional structures. Between 32° 10′ and 32° 40′ S, the Andean orogenic front is exposed at the Las Peñas-Las Higueras range, where east- and west-verging thrusts interact, resulting in an antithetic linkage transfer zone. We built kinematically-balanced structural sections through the integration of surface and subsurface data (2D seismic lines) to achieve a 3D characterization of the Quaternary-active thrusts and to estimate shortening rates of ∼1.8–3.4 mm/a during the last ∼8.5 Ma, thus extending the spatial and temporal penetration achieved by surface geology data. Our results indicate that the main east-verging thrusts detach at a depth of ∼10 km within Paleozoic basement rocks. This outcome implies larger potential rupture areas than if rooted at Neogene layers. West-verging thrusts present detachment levels at ∼5 km, also linked to Paleozoic basement rocks. The analysis of 2D seismic lines has also contributed to the recognition of blind thrusts without a morphologic signature, which could be regarded as relevant seismogenic structures.

Innovations in the repayment structure of microcredit contracts

Abstract Microfinance contracts typically require a fixed repayment schedule that, while ensuring repayment discipline, may inhibit entrepreneurship and business growth. In this article, I review the recent developments in the literature studying innovations in the repayment structure of microcredit contracts. Introducing flexible repayment schedules improves business outcomes by allowing microcredit borrowers to increase investment and to respond to income fluctuations to a higher extent. Although financial innovations hold the promise to foster business growth, and evidence suggests that their demand appears concentrated among financially sophisticated borrowers, they are feared to increase credit risk and hence their adoption among microfinance institutions is very limited. I explore potential challenges lenders face in offering these innovations and outline pathways towards a profitable implementation of such contracts.

Energy markets restructure beyond 2022 and its implications on Qatar LNG sales strategy: Business forecasting and trend analysis

The emergence of new suppliers and energy resources has reshaped the energy market in terms of contractual structures and pricing systems. The market shifts were accelerated in response to the latest Russian-Ukraine crisis, impacting natural gas supply chains from financing projects to contracting volumes. The increased demand for liquified natural gas volumes intensified the need to switch from long-term oil-indexed contracts to short-term gas-indexed contracts. Those shifts were anticipated to influence the selling strategies for the expected added 49 MTPA of Qatari LNG, wherein increasing the share of spot selling would be reflected in higher economic performance. This study used forecasted prices to investigate potential Qatari LNG selling strategies. Initially, projections of the most dominant pricing systems used for pricing Qatari LNG (i.e., brent, Henry Hub, Title Transfer Facility, and Japan Korea Marker) were estimated between 2023 and 2040. While Qatar has been relying on long-term oil-indexed contracts, the second step estimated annual LNG revenues under different combinations of selling strategies (i.e., long-term and spot sales). Finally, the influence of varying brent slopes on the estimated revenues was measured. Due to data limitations and non-stationarity, the double exponential smoothing model was selected among the different tested models. Considering current market dynamics, forecasts of the double exponential smoothing model showed an upward price trend until 2040. An annual average increase of 1.24% for the studied pricing systems was reported. Reducing the share of long-term brent-indexed contracts to 70% and dedicating the remaining 30% of volumes to spot sales yielded the highest premiums for revenue estimates. An average annual revenue of $62 bn was reported for the 70/30 strategy, around 6% higher than the 100% brent-indexed contracts strategy. The findings revealed that diversifying the selling approach and introducing spot sales can enhance revenues. From the buyers’ perspective, the outcomes support policymakers in understanding the implications of escalated prices driven by a lack of liquidity investments.

A hydrodynamic-based dual-function microfluidic chip for high throughput discriminating tumor cells

A hydrodynamic-based microfluidic chip consisted of two function units that could not only separate tumor cells (TCs) from whole blood but also remove residual blood cells was designed. The separation of TCs was achieved by a straight contraction-expansion array (CEA) microchannel on the front end of the chip. The addition of contractive structure brought a micro-vortex like Dean vortex that promoted cell focusing in the channel, while when cells entered the dilated region, the wall-induced lift force generated by the channel wall gave cells a push away from the wall. As the wall-induced lift force is proportional to the third power of the cell diameter, TCs with larger diameter will have a larger lateral migration under the wall-induced lift force, realizing the separation of TCs from blood sample. Fluorescent particles with diameters of 19.3 μm and 4.5 μm were used to simulate TCs and red blood cells, respectively, to verify the separation capacity of the proposed CEA microchannel for particles with different diameter. And a separation efficiency 98.7% for 19.3 μm particles and a removal rate 96.2% for 4.5 μm particles was observed at sample flow rate of 10 μL min−1 and sheath flow rate of 190 μL min−1. In addition, a separation efficiency about 96.1% for MCF-7 cells (stained with DiI) and removal rates of 96.2% for red blood cells (RBCs) and 98.7% for white blood cells (WBCs) were also obtained under the same condition. However, on account of the large number of blood cells in the blood, there will be a large number of blood cells remained in the isolated TCs, so a purification unit based on hydrodynamic filtration (HDF) was added after the separation microchannel. The purification channel is a size-dictated cell filter that can remove residual blood cells but retain TCs, thus achieving the purification of TCs. Combined the CEA microchannel and the purifier, the microchip facilitates sorting of MCF-7 cells from whole blood with a separation rate about 95.3% and a removal rate over 99.99% for blood cells at a sample flow rate of 10 μL min−1, sheath flow rate of 190 μL min−1 and washing flow rate of 63 μL min−1.

Using Causative Methods to Determine System-Level Factors Driving the Uptake and Use of Evidence-Based Practices in a Public Early Intervention System.

Part C Early Intervention (EI) systems are an entry point to services for autistic toddlers and can be leveraged to facilitate access to autism evidence-based practices (EBPs). However, EI systems are complex and limited research has examined how an EI system's infrastructure (i.e. system-level factors) impacts the adoption and implementation of EBPs. To address this gap, 36 EI providers and 9 EI administrators completed a semi-structured interview or focus group about factors impacting the implementation of autism EBPs. Qualitative analysis included a combination of grounded theory and causative coding. Analyses were refined by input from providers, administrators, and family stakeholders in the form of round tables and presentations at the state's interagency coordinating council. Primary themes centered on: (1) the costs associated with independent contracting structures; (2) operational demands; (3) workforce stability; (4) communication consistency; and (5) implementation supports for EBP implementation. Causative coding helped to demonstrate the perceived relationships between these factors and underscored the important role of incentivization structures, collaboration opportunities, and championing in supporting the use of EBPs within a system that primarily uses independent contracting structures. The current study extends previous research by demonstrating how several system-level factors are perceived to play a role in the adoption and implementation of EBPs by independently contracted EI providers. These findings underscore the need for implementation strategies, such as incentivization strategies and social network building, to increase providers' implementation of autism EBPs within EI systems.

Progression of e-ticketing implementation for state transportation agencies for asphalt materials

E-ticketing, which has been promoted by the Federal Highway Administration (FHWA) “every day counts” (EDC) initiative, utilizes software applications to digitally track and store information regarding highway construction materials paid by state transportation agencies (STAs) by weight in unit bid contract structures. STAs often face implementation barriers such as institutional inertia, or the resistance by stakeholders to adopt changes from the status quo, including new technologies. The purpose of this paper is to determine the progression of STA e-ticketing policy adoption, specifically with a focus on asphalt paving operations, due to the COVID-19 pandemic. To accomplish this research effort, previous FHWA data, National Cooperative Highway Research Program (NCHRP) data, and other literatures are reviewed to determine an implementation baseline. Additional data is collected from the American Association of State Highway and Transportation Officials Committee on Construction to gain current feedback from STAs and their highway contractor partners after the COVID-19 pandemic. Additionally, a case study featuring the Kentucky Transportation Cabinet (KYTC), the Kentucky Association of Highway Contractors (KAHC), and the Plantmix Asphalt Industry of Kentucky (PAIKY) is performed to provide more in-depth analysis. The major finding includes a statistically significant result indicating increased implementation of e-ticketing for asphalt operations within the last two years, along with noting benefits including employee safety, task loading, and project documentation along with concerns regarding cellular connectivity and procurement responsibilities. These findings indicate the importance of STAs investing in partnership with contractors to improve stakeholder buy-in before proceeding towards e-ticketing adoption.

SUBJECT COMPOSITION OF PARTICIPANTS IN LEGAL RELATIONS ARISING WHEN USING INNOVATIVE (UNMANNED) VEHICLES IN BUSINESS ACTIVITIES

The subject of research is the composition of the participants in the legal relationship on the use of an unmanned vehicle. The article breaks off with a general overview of attempts to settle these legal relations, which are fundamentally new both for the Russian legal system and the economy as a whole. At the same time, central attention is paid to their subject composition. The study states that the legal regulation of relations on the use of unmanned vehicles is haphazard. A single regulatory legal act has not yet been adopted, and by-laws have an extremely heterogeneous subject of legal regulation, including civil, administrative and other aspects. This leads to significant problems of legal technique, the result of which in the future will be difficulties in law enforcement practice. An analysis of the civil component of the use of unmanned vehicles shows that the potential of the current civil legislation to regulate relevant relations is far from exhausted. The range of subjects for the use of an unmanned vehicle coincides with the subjects of classical relations for the transportation or rental of vehicles. In this regard, changes to the Civil Code of the Russian Federation, its additions by new subjects of legal relations or new contractual structures are undesirable at the current stage.

Актуальные вопросы квалификации отношений инвестиционного товарищества в нотариальной и судебной практике

This article analyzes the characteristics of an investment partnership agreement as a form of organizing collective investments. The author focuses on the law enforcement practice of this contractual structure, and also especially emphasizes those characteristic features that are unique to this investment instrument.

Facts about hospital-insurer contracting.

To use publicly available price transparency data files to establish empirical regularities about hospital-insurer contracting. Retrospective analysis of 10 price transparency data files from HCA Healthcare. Cross-sectional qualitative analysis of 524hospital-insurer contracts across 10 hospitals. We ascertain 4 empirical regularities in these files. First, hospitals contract with many payers, ranging from 35 to 82 across the hospitals in the sample. Second, contract structure varies significantly within and across hospitals: Of the 524 contracts in our sample, the median contract contained 9 contract elements, whereas the mean contract contained 1285 contract elements. Third, most of the contracts in our sample contained multiple contracting methodologies (eg, both fixed fee and percentage of charges). Fourth, these contracts indicated substantial variation for the same service within and across hospitals, validating findings from analyses based on claims data and hospital price transparency files. Hospital-insurer contracts dictate the flow and structure of a significant portion of total health care expenditure in the US. Increased attention by both researchers and policy makers would lead to a greater understanding of this vital-yet understudied-element of the market for hospital services.